(MITCHELL) - Lawrence County Circuit Court Judge Andrea McCord ordered the City of Mitchell to pay Councilman Everett Ferrell $12,250 in back wages Wednesday.
This ends the controversy over Ferrell's position on the council.
The city filed paperwork last month for a "clear and precise direction" to end the council seat controversy.
McCord ruled that Ferrell served in good faith on the city of Mitchell's council, and was never removed from said office, and is owned his unpaid salary.
The money owned to Ferrel is wages alone, and although taxes will be deducted from that amount before a check is issued to Ferrel, the judgment states. Ferrel will not receive interest or damages associated with the lost wages.
Council members in Mitchell are paid $4,900 a year, issued in quarterly payments of $1,225 before taxes. The money owed to Ferrel is for a full year of wages in both 2010 and 2011 and partial wages in 2008 ($816.67) and 2009 ($1,633.33).
According to Attorney Christopher Burton, who was hired as special counsel by the city, asked McCord to determine if the city owes back pay to Ferrel. The money was withheld after it was learned in 2008 that Ferrel's property was not located in the city limits.
McCord stated In her judgment, that no valid process was taken to remove Ferrell from office after it was discovered that Ferrell's residence was not then located in the city of Mitchell.
To view a copy of the order, click here.
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