Judge-exec: Boyd settling too many lawsuits; jail employee resigns

Daily Independent (Ashland, KY)

July 04--CATLETTSBURG -- Boyd Judge-Executive Steve Towler said the county is settling too many lawsuits, and plans to write a letter to the county's insurance carrier to voice his concern.

The Kentucky Association of Counties, or KACo, provides services to the Boyd County government, including liability insurance. When lawsuits are filed against county officials or employees, KACo foots the bill, including fees for lawyers retained by KACo.

The organization also writes checks to plaintiffs if and when a settlement is reached. Within the past four months, KACo has agreed to provide a combined $135,000 to settle lawsuits.

As The Daily Independent previously reported, a lawsuit filed in 2015 by a former deputy clerk against County Clerk Debbie Jones and the Boyd Fiscal Court over an alleged Whistleblower Act violation resulted in a payout of $60,000 to the plaintiff in March.

In mid-June, KACo agreed to provide $75,000 to settle a lawsuit between a now-former jail employee and Boyd Jailer Joe Burchett. The plaintiff, Dianna Reynolds, had claimed Burchett ignored sexual harassment complaints she'd made against her supervisor, Jeffrey Scott Salyer.

On Monday, Burchett told The Daily Independent he asked for Salyer's resignation last week. Salyer provided it.

Burchett had told the newspaper last month he was mulling further disciplinary action, but felt he'd already gone "by the book" in handling the situation, despite Reynolds' complaint. Salyer, who was the operations manager of the jail, had been demoted from lieutenant to sergeant, though his pay did not decrease.

Burchett had also said he thought he would've prevailed if the case had gone to trial. He didn't understand the need for a settlement.

When Towler announced his intent to write a letter to KACo during a fiscal court meeting last week, he alluded to the settlements reached in the past few months.

"I'm concerned we seem to settle a lot of these cases," said Towler. "It seems to me the more that these are settled the more people want to file claims for reward."

Towler said the fiscal court is often in the dark on case proceedings until after settlements are reached. He suggested KACo, which has discretion on how to proceed in litigation, should take more cases to trial to prevent future "frivolous claims" against the county.

"I know it's costly to defend all that, but unfortunately I think the wrong impression is given," said Towler.

Commissioner John Greer asked Towler if the county's insurance rate would increase if KACo takes more cases to trial rather than settle.

"It could cause our rate to go up," Towler said. "But the concern I have is that more and more people will want to file frivolous claims, and I'm not saying this claim (against the jailer) was frivolous. But the more they see cases settled -- no trial, no nothing -- it'll mushroom."

Towler said he plans to send his letter to KACo next Monday.

The fiscal court will reconvene for its next regular meeting on July 11 at 10 a.m.

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