Dateline: January 24, 2002

Judge rules against former constable   

Roger Estlack, Clarendon Enterprise

Donley County won a summary judgment ruling last week in the lawsuit brought against it by former constable Jimmy Swinney.

District Judge David McCoy ruled on January 14 that the Donley County Commissioners’ Court did not abuse its discretion when it set Swinney’s annual salary at $3,170 in December 2000.

“We won every issue,” said County Attorney Pro Tem Kaye Messer. “The judge found that the county followed the law. I think the commissioners did their job and did it right”

Noting that the commissioners’ court is the sole body that can determine what is a “reasonable” salary, McCoy stated that the local commissioners received input from both the sheriff’s department and the relevant justice of the peace along with using several other criteria to determine the expected workload for Swinney’s position and then set a salary accordingly.

McCoy noted the county had contacted the Attorney General’s office to make sure they had followed the law in setting the constable’s salary and had, “at least tacitly,” received approval for the steps the commissioners used.

McCoy also denied Swinney’s attempt to have the county pay his attorney’s fees and stated that Swinney should have first approached the county attorney pro tem before hiring his own counsel.

“[Swinney’s] actions are likened to the person who is in a health care program but who does not use the program but goes outside the program without approval to seek services from a doctor not approved and then insists that the insurance company pay his doctor,” McCoy wrote.

Swinney has 30 days to file an appeal. As of press time, no appeal had been filed in the clerk’s office.

County Judge Jack Hall said he was pleased with the ruling and with Messer.

“I am very proud of the commendable job that Kaye did representing the county,” he said.

Swinney won a write-in campaign in November 2000 to fill the position of constable in Donley County’s Precincts 1&2, which had been vacant for more than three decades. He took office in January 2000 and sued six months later alleging, among other things, that his $3,170 annual salary was unreasonable. He petitioned the district court to command the county set and pay a reasonable salary for his term. The petition also sought back pay with pre-judgment interest, attorney fees, and punitive damages.

In September, Swinney resigned his office after he failed to become a certified Texas peace officer.