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. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  2. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  3. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  4. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

  5. There is a compromise to wearing socks that may cause discomfort to the foot, and it is from XOSOX. They are currently running a Kickstarter campaign and, typing "xosox" and "kickstarter" into your search engine will get you there. You can also find their Facebook page.

ADVERTISEMENT