Perry County commissioners: Sheriff supported salary he now contests

Perry County Sheriff Gary Schaaf has served on the county's salary commission and voted to approve the salary for his position, but is now contesting it in court, county commissioners said Monday.

In an emailed statement, the Perry County Commission said, "The county record speaks for itself. Over the past 17 years, Schaaf had the opportunity, as a voting member of the Perry County Salary Commission, and he voted in affirmation to approve the salary he was paid."

According to the statement, "Should he have had issue with his compensation, Schaaf had ample opportunity to address his pay rate with the salary commission."

Salary commissions are composed of all elected officeholders in a county. Salary commissions set the pay for certain officeholders who are ending their current terms. Officially, salary commissioners don't give themselves raises, but the approved compensation for the next person who takes office. In many cases, the incumbent receives the rate for which he or she voted. Commissioners said their legal counsel will "prepare a response to the court."

Schaaf has alleged commissioners repeatedly underpaid him in violation of state law for more than two decades.

The civil suit, filed in Perry County Circuit Court late last month, seeks more than $25,000 plus interest. It also requests the court compel the commission to set Schaaf's salary at an amount that factors in proper salary adjustments.

The suit was filed against five current and past commissioners, including new Presiding Commissioner Mike Sauer and past presiding Commissioner Carl Leuckel, and Perry County government.

Since 1997, the commission has paid the sheriff less than required under the Missouri Constitution and state statutes, according to the civil suit filed by Schaaf's attorney Dec. 28.

Jackson attorney John Loesel represents Schaaf. In the suit, Loesel wrote the longtime sheriff should have been paid a salary of $46,000 in 1997, but was only paid $34,116.17.

The sheriff "has been further damaged" in that regular salary adjustments were based on the 1997 salary. If commissioners had paid Schaaf the proper salary in 1997, his salary would now "well exceed the statutory minimum from said adjustments," the suit contends.

"The nature of plaintiff's damages are ongoing in that to this day his salary is well below what it should be were defendants in compliance with Missouri law," the suit charges.

"Plaintiff has been damaged by the erroneous and unlawful salary determinations by defendants, and has no other adequate remedy at law," Loesel said in the petition.

The minimum salary for an elected sheriff in a third-class county is mandated by the Missouri Constitution and state statutes, Loesel said in the lawsuit.

mbliss@semissourian.com

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