Sheriff, attorney sue Scott County

Scott County is facing lawsuits from its sheriff and attorney in a dispute over salaries and budgets.

Sheriff Kevin Studnicka and County Attorney Patrick Ciliberto filed appeals in state court after the Scott County Board froze their 2011 salaries at 2010 levels. Both say that they -- and in the attorney's case, his top assistants -- are paid less than their peers in other suburban counties.

"In order to keep qualified people or to replace qualified people, my position is that a competitive market salary is absolutely necessary in Scott County," Ciliberto said.

The sheriff's 2011 salary is $113,580, and the county attorney's is $124,267.

State statute allows the sheriff and attorney, both elected officials, to appeal their salaries in court if they believe the County Board's action was capricious, arbitrary or in disregard for the duties, qualifications and experience of the office.

County Board Chairman Tom Wolf said the salary freeze was part of the county's strategy to deal with a tight budget.

"We're all in trouble," he said. "I don't think anyone has an abundance of money floating around."

It's a tactic taken by many counties as they grapple with the loss of state funding and local budget pressures.

Ciliberto and Studnicka, both reelected in November, said they have been raising the salary and budget issues for years.

"Last summer, the County Board and I had conversations about adjusting our salaries so that they're comparable with other metro sheriffs, and that didn't happen," Studnicka said. "I'm not happy about any of this, but they forced our hand."

Studnicka, a second-term sheriff, makes less than the sheriffs of the other four suburban metro counties. The sheriffs of Washington, Dakota and Anoka counties make $128,000 to $130,000. The sheriff in Carver County, the smallest metro county by population, makes $115,000.

Ciliberto, who is in his third term as county attorney, said he makes $18,916 less than the average county attorney in a suburban metro county. The range of salaries for county attorneys in the suburban metro starts at $115,000 in Carver County and rises to $156,726 in Dakota County.

"What I'm asking the County Board is simply to amend my budget to allow salaries to be based upon the average," said Ciliberto, who has not retained an attorney.

Wolf said the board would like to settle the case to save legal fees, for the county and possibly the sheriff. He said he doubts the county would win if it goes to trial, because of the regional salary disparity.

"If we can get something settled before court, it's a lot less," Wolf said. "It has to be something everyone's comfortable with."