ILNews

County surveyor not entitled to additional compensation, rules court

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has denied the Gibson County surveyor’s claims that under statute, he is entitled to a higher salary and additional compensation for referencing corners in the county.

Michael W. Stevenson took office in 2005 when he was not a licensed surveyor, but obtained his license in June of that year. The prior surveyor had been licensed. Stevenson’s initial salary was $36,170.

In 2006, he sought a pay increase of 1.5 times what he currently made since he was now licensed, based on I.C. 36-2-12-15(b). This statute requires a licensed surveyor be paid 1.5 times the amount of an unlicensed surveyor. The county council instead added a note to the budget indicating the salary for an unlicensed surveyor would be 1.5 times less than what Stevenson made. Stevenson made this request each budget year through 2012, and was denied each time.

In 2009, he sought additional compensation for referencing all 1,959 corners in Gibson County. Statute says the surveyor receives $4 per corner referenced. This compensation was also denied, leading to the current lawsuit.

In Michael W. Stevenson v. County Commissioners of Gibson County, Indiana, Bob Townsend, Don Whitehead, Gerald Bledsoe, County Council of Gibson County, Indiana, Tony Wolfe, Jeremy Overton, et al., 26A01-1212-PL-540, the Court of Appeals found no abuse of discretion in the trial court’s decision, which held the council met its statutory obligations by establishing the lower salary for the unlicensed surveyor instead of increasing Stevenson’s salary.

There was also no error in finding he is not entitled to $35,580 in additional compensation for seven years of unpaid corner references he allegedly completed. The COA rejected his claims that to receive compensation he is required to only “have a book of records” and “sit there and draw the money.”

The statute requires the surveyor check and reference at least 5 percent of all corners in the county each year, meaning perform a physical inspection and note the condition of the monument and references in order to be compensated.
 

ADVERTISEMENT

  • 1.5 times less???
    Wouldn't a salary that is 1.5 less than the current licensed surveyor's salary mean an unlicensed surveyor would be paying the county $18,085 per year for the privilege of working!

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  2. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  3. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

  4. This is easily remedied, and in a fashion that every church sacrificing incense for its 501c3 status and/or graveling for government grants should have no problem with ..... just add this statue, http://commons.wikimedia.org/wiki/File:Capitoline_she-wolf_Musei_Capitolini_MC1181.jpg entitled, "Jesus and Cousin John learn to suckle sustenance from the beloved Nanny State." Heckfire, the ACLU might even help move the statue in place then. And the art will certainly reflect our modern life, given the clergy's full-bellied willingness to accede to every whim of the new caesars. If any balk, just threaten to take away their government milk … they will quiet down straightaway, I assure you. Few, if any of them, are willing to cross the ruling elite as did the real J&J

  5. Tina has left the building.

ADVERTISEMENT