Former McKean County Sheriff Donald Morey is suing McKean County
over years of pay he never received while performing double duty as
warden of McKean County Jail.
The suit alleges that by an agreement entered into in 1990 by
the sitting board of commissioners, whoever was holding the office
of both sheriff and warden was entitled to $2,000 extra in
compensation over the sheriff’s annual salary “as he is a multiple
office holder.”
Morey brought this issue to light in 2004 when the New
Directions Team of Commissioners – Tom Causer, John Egbert and
Cliff Lane – announced they were hiring Dennis Luther as warden of
the jail and splitting the sheriff’s department from the jail
operations.
In a letter dated Dec. 10, 2004, and addressed to Causer,
then-chairman of commissioners, Morey wrote, “I am hereby
requesting all monies due me for the position of warden which was
to have been paid at the rate of $2,000 per year as per the salary
board minutes of Sept. 18, 1986.”
The letter is attached as an exhibit to the lawsuit. The suit
does not list a total amount of money sought.
“Interest on this long overdue amount is also requested and I
wish to advise that payment of this full amount within 30 days will
stop me from taking any further action,” the letter reads.
In the same letter, Morey announced his intention to resign as
warden of the jail, effective at noon Dec. 10, 2004. However,
Causer informed him his resignation was not permitted, as according
to “the law,” unless a prison board was in place, the sheriff was
the warden of the jail, Morey explained to The Era in 2004. Causer
did not elaborate as to which law he was referring.
The McKean County Prison Board became effective Jan. 1, 2005,
and Luther took office as warden at the same time. He earned a
salary of $50,000 annually. Timothy Woodruff became warden in March
of this year at a salary of $50,000 as well.
Morey did not seek re-election as sheriff. In 2005, his last
year in office, he garnered a salary of $44,052.09. In his last
year holding the position of sheriff and warden, he garnered a
salary of $42,977.74, according to a salary history compiled by the
McKean County Controller’s Office and attached as an exhibit in the
lawsuit.
That same salary history shows that Morey was paid the
additional $2,000 compensation through 1997, but then the payment
stopped.
A letter from McKean County solicitor Michele Alfieri to Morey’s
attorney, James Angell of Smethport, which is attached as an
exhibit in the suit, addresses the compensation.
“The Controller’s Office has indicated that the (information)
demonstrates that starting in 1991 the sheriff was paid an extra
$2,000 per year. This continued each year through and including
1997. In 1998 the Controller’s Office was directed by the
then-county commissioners to discontinue the additional pay which
was discretionary with the Board of Commissioners,” Alfieri wrote.
“I’m sure you will review this with your client and then we can
discuss a resolution of this issue.”
The matter is set for a settlement conference from 9 to 10 a.m.
today at the McKean County Courthouse in front of Senior Judge Fred
Anthony.
Contacted Monday evening, Morey had no comment on the suit.
Alfieri had no comment on the matter, saying it would be
inappropriate to comment on pending litigation.
