GUNTERSVILLE — The Marshall County government is effectively suing itself to settle an ongoing hiring dispute.
The Marshall County Personnel Board voted Wednesday during a special-called meeting to proceed with litigation against the Marshall County Commission for allegedly violating Alabama Act 82-206, which sets the Board's rules and regulations.
The vote to move forward was unanimous, 4-0. Board Chair Charles Whisenant, who only votes in the event of a tie, said it was the Board's opinion that the Commission violated the Act by hiring Tanya Giroir as an accountant clerk without the Board's approval. County Administrator Ashleigh Bubbett had offered Giroir the job; however, Personnel Administrator Christy Kelley refused to sign off on the hire after a subsequent review of her references revealed discrepancies, which Kelley alleged constituted fraud.
Disagreeing with Kelley, Bubbett requested the Board approve the hire without her signature. However, the Board took no action. The Commission then passed a resolution authorizing the hire without the Board's consent. The Board passed its own resolution rejecting the Commission's move.
Now, at a stalemate, the next step is to file a suit and argue the issue with a circuit court judge.
SEE: Marshall County Commission, Personnel Board continue to spar over hiring issue
"That doesn't mean that we all hate each other; it just simply means we have a disagreement of facts, and we're going to let somebody smarter than all of us figure it out," Whisenent told 1819 News.
He said there have been other lawsuits between the Board and Commission before, but none that he knew of in the past 15 years.
"I hate that it has come to a lawsuit. I really do. I have all the respect in the world for the commissioners and the job they do. But this Board simply disagrees with the commissioners on this issue. And that's OK," Whisenant said. "In a democracy, we can disagree — without being disagreeable. When two sides disagree, and both sides have tried to work it out, which we have, then it's time to let the court figure it out. That's what we're doing basically — asking a judge to decide for us which side is correct in its interpretation of the law. "
Board Vice Chair Penni Windsor said the Board was responsible to the taxpayers and employees to ensure the rules were followed. She also said this issue was proof that the Act did not need to be amended as the Commission had requested.
"The Personnel Board has a responsibility to the taxpayers and citizens of our county to ensure the law that governs our personnel system is followed. In doing so, that means the rules and regulations set out by this Board must be followed by every department. Just because a department has the ability to circumvent the procedures doesn't make what they're doing lawful or permissible," she said. "This is just one of the many reasons it is so important that the Personnel Board Act remains intact in its current state and without the changes the Commission is requesting. Those requested changes would take away the very transparency to hold the appointing authorities accountable that we voted on today."
To connect with the story's author or comment, email daniel.taylor@1819news.com or find him on X and Facebook.
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