CHICKASHA —

Whether to pay or fight a tort claim from the City of Hinton was again a topic of discussion at the regular Monday Grady County Commissioners meeting.

Grady County Sheriff Art Kell said the tort claim is a request for salary reimbursement by Hinton to compensate for a former law enforcement employee that went to work for the Grady County Sheriff’s Office. Representatives for the Town of Hinton claim that the employee did not complete the one-year employment requirement after receiving CLEET certification.

Lawyers on behalf of Hinton have filed suit against the sheriff’s office and are asking for over $7,700 in funds to settle the suit.

The issue first appeared on the commissioner’s agenda last week. Grady County Assistant District Attorney Lesley March said at the time that the DA’s office recommends paying the claim. However, Kell asked the commissioners to litigate the case and reminded them that the sheriff’s office has the option to hire separate council.

On Monday, Kell advised the commissioners that he had sought legal advice from the local law firm of Park, Nelson, Caywood and Jones. He said he was advised that a decision to approve or fight the tort claim could be tabled for several weeks.

At issue is whether the county is liable for the officer’s salary since he was employed in a different profession between his job in Hinton and with Grady County. Also, the question of whether the county’s insurance would cover the claim was addressed.

“Any legal fees or settlement below $50,000 comes directly out of the commissioner’s pocket,” Jack Porter, District 3, said. “It has to be over $50,000 before insurance will pay.”

March advised the commissioners that if the case was taken to a jury trial it would cost more than $7,700. Paying the claim would be much cheaper than hiring attorneys, she said.

“Our advice is merely to the commissioners, at this point,” March said. “I can’t go forward because he (Sheriff Kell) has other council. Ethically, I can’t be involved. I can’t step on John Nelson’s toes.”

Kell strongly urged commissioners to not pay the tort claim.

“Are we going to roll over and pay all these tort claims that come in? I don’t feel like this is right. Why doesn’t the district attorney try to find more facts (before agreeing to a settlement)?” Kell asked.

District 1 Commissioner Windle Hardy is also in favor of taking more time to see if the county is liable for the salary reimbursement, since the person in question was employed elsewhere before Grady County.

“Let’s wait for a response,” Hardy said. “Let’s wait a couple of weeks. We can keep tabling it until we hear back.”

Commissioners Porter and Mike Lennier, District 2, were a little more hesitant.

“I understand where you’re coming from,” Porter said, addressing Kell. “But it comes down to a dollar and cents thing.”

Lennier told Kell he would be willing to give it a little time, but that he wants an update each week.

“The lawsuit has already been filed. The answer to John’s question (on whether the county’s insurance would pay the claim or not) has already been answered,” Lennier said.