By DAVID NICHOL
T-H Staff Writer
Three former employees of the St. Francis County road department were awarded more than $32,000 in Circuit Court recently, in their lawsuit against County Judge Carl Cisco and the county.
Judge L.T. Simes ruled that the three men, Jerry King, Louis Pugh and Herman L. Greenwood, were entitled to reimbursement for lost pay after they were terminated on Jan. 4, 1999, just after Cisco took office.
In his written judgment, Simes agreed with the claims of the lawsuit.
According to the lawsuit, on the date in question, a meeting was called of all county road employees by the newly-elected Cisco. Six of the road crew were terminated, including the three claimants. The suit alleged that some of the road crew employees retained had less seniority than the claimants.
The suit further stated that the firing of the three claimants did not represent a reduction in road personnel as claimed, because other people were hired to replace them.
In addition, although the three men did not file a claim within the required time, the judge threw that claim out. The reason was that according to undisputed testimony, the men were told by then-Road Supervisor Sonny Hamilton that they were being laid off temporarily and would be called back to work soon.
The county also claimed that Arkansas is an "at-will" state and employees can be fired at the will of their supervisor. Simes ruled that the At Will Doctrine may be modified when there is an employment contract. "When an employee relies upon a personnel manual that contains an express provision against termination except for cause, he may not be arbitrarily discharged," Simes wrote.
Simes ruled that the county's Employment Policies and Procedures Manual, adopted May 21, 1991, states that continued employment is dependent upon good behavior and satisfactory performance of duties. The lone exceptions are the road supervisor and chief deputies, who continue to be "at will" employees and can be fired arbitrarily.
Simes awarded $18,506 to Jerry King, $2,886 to Herman Green and $10,972.75 to Louis Pugh, plus 6 percent interest from Jan. 4, 1999 until March 20, 2003, and at the rate of 10 percent per year after that.
By FRED CONLEY
T-H Sports Editor
The Mightymite Triathlon will be run for the 20th consecutive year on Saturday, July 19.
If the recent weather pattern holds, the race will once again be a heated affair.
For the second straight year, the Mightymite is under the direction of Wyndell Robertson, who also coordinates the Memphis in May race.
More than 300 entries are expected for the annual event, a 16.3 mile three-stage course, which begins at Lake Dunn at Village Creek State Park and ends at Forrest City High School.
The first Mightymite was held in 1984, and the first two overall winners were Joe Whillock of Clinton, Ark., who finished the course in a time of 1:03.03, and Theresa Hutchinson, of Little Rock, who posted a time of 1:08.46.
Memphis' Frank Rehnelt was the first person to complete the Mightymite course in less than hour, setting a time of 56:06 in 1988.
Rehnelt is the only person to win the Mightymite four consecutive times (1988, '89, '90 and '91) while Chip Cooper, of Cordova, Tenn., won three consecutive times (1995, '96' and '97). Cooper did not run in the 1998 race, which was won by Mike Sooder.
Elaine Alrutz of Hawaii, was the first woman to win back-to-back Mightymite titles, but four other female competitors have won the race twice -- Ginger Bryant, Lucia Colbert, M.C. Jermann and Lesley Brainard, who has won the last two female titles.
The Mightymite begins with a three-tenths of a mile swim across Lake Dunn before the entrants embark on a 13 mile bike ride and finish by runnng the final three miles.
This year's Mightymite Triathlon will be a USA Triathlon sanctioned event.
Packet pick up will be on Friday, July 18, from 5 to 8 p.m., and on Saturday, July 19, from 5:30 until 6:30 a.m., at the Forrest City Civic Center. The race starts at 8 a.m.
By KENDALL OWENS
T-H Staff Writer
Two St. Francis County youth groups were among eight in the East Arkansas Enterprise Community to receive grants this week during the bi-monthly meeting of the EAEC board.
A total of $18,285 in grants were approved in a packed meeting held in the quorum court room at the St. Francis County Courthouse.
Delta BRIDGES, Inc., was the recipient of $2,175, and the Madison Youth Committee received $2,250. Other groups receiving funding were: the Arkansas Land and Farm Development Corporation, receiving $2,250; Arkansas Women on the Move, $2,250; Boys 2 Men/Girls 2 Women, $2,250; Brinkley BEST Lab, $2,610; Insite Ministries, Inc., $2,250; and Strong Tower Youth Group, $2,250. The grants will assist the groups with a variety of programs they provide for area youth.
Board members also heard a request from Cross County Judge Billy Lee for $25,000 in assistance to purchase recycling equipment. Lee told board members that Cross County recently received a $45,000 grant to purchase a metal baler and crusher which will handle white goods and metal products. The assistance Lee was requesting would go for additional equipment and possibly a better baler.
"We're looking to do something here which will better all of the counties in the surrounding area. If each county in the EC gives $5,000 from their EC grants, along with Cross County, then that will handle our request. We're going to be handling the washers and dryers and refrigerators that you find in ditches all across each of our counties," Lee said.
The board agreed to research the matter more after determining whether or not the Northeast Arkansas Recycling Company (NEARCO) in Madison recycles white goods and metal. According to an official with NEARCO, the company collects, but does not recycle, white goods and metal.
By KENDALL OWENS
T-H Staff Writer
Flat roofs are causing problems at the St. Francis County Courthouse as several offices there have begun to leak.
According to reports provided during a Courthouse Building and Improvement Committee meeting at the courthouse this week, water leaks in the circuit clerk's office and sheriff's department have been difficult to locate due to the flat roof on the building.
"The water gets in one location, but the leaks are difficult to find because they can happen in one spot and flow to another and then come through the ceiling. We're going to have to get some professionals in to take a look at this because our major leak is directly over some very expensive computer equipment in the Circuit Clerk's Office," SFC County Judge Carl Cisco told committee members.
The committee members agreed to allow the judge to get estimates on any necessary work for the roof.
The group also approved a bid of $2,451.66 from National Carpet to add carpeting to the floors in the Law Library and Chancery Judge Ben Story's office.
In other business, Cisco updated committee members on the progress of construction at NEARCO, as well as work on a new parking area at the courthouse.
"Our building at NEARCO is about 50 percent complete and has been going really well," Cisco said. "The city did our cutouts on the parking lot so we've got to get some bumpers in there and then get it lined. Then, the parking lot will also be squared away."
With the deadline nearing, three people have filed for school board positions in St. Francis County.
In Forrest City School District 7, Pat Flanagin has filed for Position 2, currently held by Wayne Jones, who has not yet filed for re-election. No one has filed for Position 1, held by Aubrey Jayroe.
One filing is in Hughes School District 27, where Edward Watt has filed for Position 6 (at-large). He seeks to complete the term of Betty McGruder, who has moved and recently resigned her position. The third filing is also in Hughes, where incumbent Hudie Hardaway has filed for reelection to Position 7 (at-large). No one has filed for Hughes Zone 3, where Ernestine Jackson is the incumbent.
In Palestine-Wheatley District 23, no one has filed for open positions. Rodney Hicks is the incumbent in Zone 2 and Gail Gardner is the Zone 3 incumbent.
The deadline for filing is Monday, Aug. 4 at 4:30 p.m.