Webster County supervisors have adopted a resolution stating they must pay two salaries for sheriff because they cannot remove the elected and indicted sheriff from office.
The Board of Supervisors adopted the resolution during a recessed meeting Jan. 22 and all five members signed it. The written motion summarizes the previously reported circumstances resulting in their decision:
Tim Mitchell, the duly elected sheriff of Webster County, tendered his resignation to the board on Nov. 30, but stated it would take effect Jan. 2. He was arrested Dec. 19 on 12 separate felony counts “and locked away in jail.” Mitchell rescinded and withdrew his resignation (as he is entitled to do under state law) Dec. 25 so that he would continue to be sheriff.
On Jan. 2, with Mitchell still in jail, the Circuit Court of Webster County appointed Andy McCants as sheriff pro tempore. The court directed that, as required by state law, McCants must be paid the full salary and benefits that the sheriff is entitled to receive the same as if he, McCants, were elected.
“Whereas, an an elected official can only be removed from office after indictment by a grand jury, and conviction of willful neglected duty (Section 175 of Mississippi Constitution) or for conviction of a felony (Section 25-5-1 of Mississippi code of 1972),” the resolution points out.
It notes that a public official may also be removed by the governor after a removal election. Additionally, if a county official moves his residence from the county permanently, his office become vacant.
“Therefore, the Webster County Board of Supervisors has no authority to remove duly elected Sheriff Timothy Seth Mitchell from his office; and … there is no provision in state law to reduce the salary of sheriff, due to his prolonged absence or otherwise,” the formal statement continues.
“Whereas, the (board) is therefore confronted with the inherently unreasonable situation of having to pay the salary of the Webster County sheriff to two individuals,” the resolution goes on to read. “One is the sheriff pro tempore who is the acting sheriff, carrying out the duties of the office and earning the salary. The other is the elected sheriff, who is out of jail on bond, but is under house arrest and is not carrying out the duties of the office and is not earning he salary.”
The document says if the double sheriff’s salary continues for an entire year, as it might until the end of Mitchell’s term, then the cost to the county will be not only the regular sheriff’s salary of $75,000, but will include the cost of insurance, employment taxes, retirement and perhaps other expenses.
The resolution concludes, “Whereas, the Board of Supervisors, the taxpayers and the citizens of Webster County are shocked and offended by being called upon to bear this unjust double payment.
“It is therefore resolved by the Board of Supervisors of Webster County, after the most serious consideration, and after consultation with legal counsel, and only to comply with the laws of the state of Mississippi, that the (board), acting upon under the strongest protest, does hereby direct that the salary of the sheriff, together with all necessary accompanying benefits, will be paid both to the elected sheriff and to the sheriff pro tempore.”
Mitchell was indicted Jan. 14 on a dozen felony charges accusing him, in part, of embezzlement and trafficking of stolen firearms, seeking sex with an inmate, and witness intimidation and tampering.
The circuit judges who appointed McCants as acting sheriff said in their order that the county could sue a bond company to recoup Mitchell’s pay if he’s convicted. His trial date is set for June 24.
