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Wednesday, November 26, 1997

Shackelford County constable threatens lawsuit

By KATHI STAPP Correspondent

ALBANY -- Shackelford County commissioners refused again Tuesday to raise Constable Larry Macon's pay from the budgeted $1 per month, prompting Macon to threaten a lawsuit and one commissioner to predict, "We will lose."

In last November's general election, Macon ran unopposed for the office which had been neither sought nor occupied for 50 years.

Upon learning the office can be abolished only by statewide constitutional amendment, commissioners eventually agreed to give Macon minimal compensation -- $1 per month and 50 percent of the fees for the papers he served.

"But that hasn't worked out," Macon said when he came back to see commissioners earlier this month and asked for "reasonable" pay, which he claims he is due by state law.

County Treasurer Sherry Enloe said records show he has been paid a total of $75 for serving three civil papers since he was sworn in. Macon claims he is just not being given papers to serve.

The majority of commissioners said that, under the circumstances, they thought $1 per month was reasonable. Macon also receives health and life insurance, $66 a month for mileage allowance, and other expenses -- a total package of $4,840 a year.

Commissioner Jim Brooks said he feels Macon should be paid "a liveable wage."

"This is not a reasonable salary. We will be sued and we will lose," Brooks said.

Macon showed commissioners a log of the hours he has worked and said that at minimum wage he should be paid $3,072.

Not even Brooks sided with him on that point, however, telling Macon, "We're all on call 24 hours a day."

Commissioner R.P. Mitchell moved that the salary be left at $1 per year. County Judge Ross Montgomery voted with the other three commissioners as Brooks cast the lone vote in favor of Macon.

Macon said he has talked to a private attorney and also to the attorney general's office, and that he intends to file suit if that's what it takes to get "reasonable pay."

Macon said he has brought in several hundred dollars for the county serving arrest warrants for Justice of the Peace Judy Wood, but is not paid for serving them. Nor has he been paid for serving as bailiff in JP court, he said.

(Regional Editor Roy A. Jones II contributed to this report.)

 

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