ILNews

County, court don't have to give back pay

Back to TopCommentsE-mailPrintBookmark and Share

A former chief probation officer for the Clark Superior Court isn't entitled to back pay after she stepped down as chief, the Indiana Court of Appeals ruled today.

Susan Knoebel filed suit in Susan Knoebel v. Clark County Superior Court No. 1 and Clark County, Ind., No. 22A01-0808-CV-384, claiming the court and county owed her back pay once she stepped down from the chief probation officer position after a new judge took office in February 2007. She originally had her pay erroneously reduced to the minimum salary for a probation officer with just one year of experience; Knoebel had a master's degree and several years of experience. The Clark County Council adjusted her pay, relying on the 2007 Minimum Salary Schedule for Probation Officers adopted by the Judicial Conference of Indiana.

She filed suit in May 2007 seeking back pay, statutory damages, and attorney's fees for subtracting from her salary the additional amount allocated for chief probation officers after her demotion. Chief probation officers receive a salary increase of $7,500 in addition to the minimum salary based on years of experience and education.

Knoebel argued that the salary schedule states departments shall not reduce the salaries of probation officers who are paid above the minimum salary schedule. The Court of Appeals rejected her argument because the salary increase is in addition to the minimum salary, mandatory, and therefore increases the minimum salary for chief probation officers. When she received her salary for being the chief probation officer, she received the minimum salary for someone with her education and experience and never received a salary above the minimum salary schedule, wrote Judge Edward Najam. Because she was never paid above the minimum salary schedule, the court and county didn't err in reducing her salary once she was no longer the chief probation officer.

The Court of Appeals also ruled that Knoebel properly named the Superior Court and Clark County as parties in her action for back pay. Any order she obtained that didn't compel both the court to fix and the county to pay her alleged erroneous salary would provide an absence of relief to her, contrary to Indiana Trial Rule 19(A)(1), wrote Judge Najam.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT