Linn County Attorney Burton Harding resigned his position with the county effective the last day of March, 2023, during the commissioners meeting on Monday, Feb. 13.
Harding told commissioners that with four small children at home and a spouse with intermittent health issues coupled with the rising need to be in-office more and more, he found himself having to “decide between being a full-time county attorney or not at all.”
Harding went on to note that three years ago when he took the position there was a sheriff, an undersheriff, a few deputies, one courtroom and one judge. Now there are more deputies working more cases, more city officers working more cases, more judges and two courtrooms.
“It is inevitable that it become a full-time position,” stated Harding, “everything is going up except the wages.”
Commissioner Jim Johnson asked about Harding’s assistant attorney, Justin Meik, and Harding reported he has also tendered his resignation effective April 7, as his job was also set to be part-time and his other employment has grown to the point it has become a full-time job for him.
Commissioner Danny McCullough asked, “Is it fair to say you’ve been kind of behind?”
“When I took office I could do this three days a week, now I’m working four or five in court and taking cases home with me to prepare,” replied Harding.
McCullough then asked what Harding’s recommended wage to make the position full-time would be and Harding stated it would need to be set between $120,000 and $130,000 to commensurate with the hours it takes.
County Counselor Gary Thompson noted the process now is Harding will report his resignation to the Governor’s Office and they then notify the county clerk who notifies the Republican Central Committee. The committee then has 21 days to appoint someone to the position.
Commissioner McCullough asked what happens if the Central Committee cannot make an appointment and Thompson replied, “It would then be the judge’s position to appoint a temporary replacement.”
“Would that come from the court-appointed attorneys?” asked McCullough and Thompson replied that doing so would cause multiple conflicts of interest with current cases.
McCullough then asked Sheriff Kevin Friend his thoughts on the matter at hand and Friend replied, “We currently have 21 officers, everybody is bumping up, city departments now have four or five officers.”
“It’s not just time in court for him (Harding) either,” Friend added, “it’s time on everything and we need to go full-time with probably a part-time assistant.”
Harding then noted that one day recently while home on a sick day he fielded 35 calls related to various cases.
“I take my files home every day,” Harding reiterated. “There is a lot of preparation that goes into each case and it’s a big job.”
Commissioner Johnson noted he had asked the question two years ago how the county would afford to budget for this.
“Nobody had an answer then and nobody has an answer now,” he concluded.
In the end, commissioners voted 3-0 to accept Harding’s intent to resign at the end of March.
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