Tennessee Supreme Court rules in Jim Hammond's favor on sergeant pay

Tennessee Supreme Court rules in Jim Hammond's favor on sergeant pay

August 13th, 2013 by Staff Report in Local - Breaking News

Hamilton County Sheriff Jim Hammond.

Photo by Doug Strickland/Times Free Press.

NASHVILLE - The Tennessee Supreme Court unanimously ruled today that the Hamilton County Sheriff Department's Civil Service Board exceeded its statutory authority in ordering Hamilton County Sheriff Jim Hammond to equalize the pay of sergeants in the department.

"Numerous provisions of the Civil Service Manual support the conclusion that the sheriff may exercise discretion in setting the rate of pay for his employees," wrote Justice Sharon G. Lee for the Court.

The court relied on several statutes, including one that grants the Hamilton County Commission authority to set the sheriff's budget. Justices also noted the Hamilton County Sheriff's Department Civil Service Manual expressly gives the sheriff the power to make individual pay determinations.

The case arose when six sergeants filed a grievance arguing pay disparities within an established pay range among their rank should be eliminated. The board ordered Hammond to equalize all sergeants' pay.

The sheriff appealed the board's decision to Hamilton County Chancery Court where Chancellor Frank Brown agreed with Hammond and declared the board's ruling null and void.

The state Court of Appeals said the board exceeded its authority but directed the pay be equalized. Then the case went before the Supreme Court, resulting in today's decision.