Saturday, December 9, 2023–10:30 a.m.

-John Bailey, Rome News-Tribune-

This story is possible because of a news-sharing agreement with the Rome News-Tribune. More information can be found at northwestgeorgianews.com.

A lawsuit filed Friday by Clerk of Superior Court Barbara Penson claims the Floyd County government is refusing to adequately fund her department.

“The county has refused to adequately fund her department and has, in a retaliatory fashion, cut her budget to the point she cannot adequately perform her constitutional and statutory duties,” the lawsuit reads.

“The actions by the county were taken in retaliation for seeking commensurate salaries for her staff…her expendable supply budget, for items such as paper and printer supplies, has been cut to 2009 levels without explanation or discussion.”

The county is constitutionally mandated to fund the office, and Penson alleges that it has refused to do so. The lawsuit also states the clerk has had to utilize savings from other portions of her allocated budget to make up for the budget shortfall and to ensure the office can continue to function.

One of the main points of contention appears to be that clerks in the Superior Court office are compensated less than clerks in other courts in Floyd County. The lawsuit states that Superior Court deputy clerks are paid beginning at pay grade six in the county’s salary scale, while deputy clerks in the Probate Court and Juvenile Court are paid beginning at pay grade nine, a higher amount.

“Employees of the county in the office of the Clerk of Superior Court are paid substantially less than similarly situated employees in other offices within the county,” the suit reads. “The duties of the deputy clerks of the office of the Clerk of The Superior Court are more extensive and require more training and experience than the positions of deputy clerks of court for inferior judicatures.”

Penson also alleges the county has not reviewed the salary schedule since 2007, a task that should be performed every five years.

As a resolution, Penson is asking the court to force the county to “establish an adequate and lawful budget…to fulfill the statutory and constitutional duties of her office” and to, essentially, declare that the county has illegally underfunded the salaries of the clerks in her office.

Penson is also demanding that the county pay for her attorney’s fees in seeking a resolution to the matter. Up to this point, she has incurred $10,546.64 in attorney’s fees for prior representation in the dispute with the county. The clerk has also incurred fees in excess of $17,000 from her current retained counsel, Chris Balch.

Each of the Floyd County Superior Court judges recused themselves from hearing the case on Friday afternoon. A request has been sent to the district court administrator and district administrative judge to assign a judge to hear the case.