Dateline: November 22, 2001

County awaits decision in constable lawsuit   

Roger Estlack, Clarendon Enterprise

Both sides in the Swinney v. Donley County case argued summary judgment positions before District Judge David McCoy here last week, but as of this Tuesday morning there was still no decision in the matter.

County Attorney Pro-tem Kaye Messer said she still feels confident about the county’s position and said Judge McCoy told participants he would rule fairly quickly.

At issue is whether county commissioners set an unreasonable salary for former constable Jimmy Swinney, who ran last year as a write-in candidate for a position which had been vacant more than 30 years. Swinney took office in January, filed suit against the county in June, and then resigned in September when he failed to become licensed as a state peace officer.

Meanwhile, Donley County commissioners began advertising last week to seek applicants for the vacant position. No final decision has been made on whether to replace Swinney or leave the office vacant. Messer said the county retained the right to reject any or all applicants for the job.