Settlement and release agreements approved for Lawrence County warden/deputy warden
NEW CASTLE – Lawrence County Commissioners Tuesday approved settlement and release agreements with Lawrence County Jail Warden Brian Covert and Deputy Warden Jason Hilton.
Both men were placed on paid administrative leave on Nov. 10, 2021, after an investigation found reported mistreatment and negligence against officers at the jail by the pair.
More: Administration accused of work misconduct at Lawrence County Jail
County prison board Solicitor Jason Medure had been working on the agreements with the pair and their attorneys since last November.
Agreement details
According to the agreements, both Covert and Hilton do not admit any wrongdoing or liability by entering into the agreements, and have agreed to the terms of the settlement to resolve any and all matters in the dispute.
The county will agree to retain Covert as warden until he attains 20 years of service on Feb. 26, 2023, during which time Covert will use his 261 hours of vacation time, 1,400 hours of sick time, and 48 hours of personal time he accrued. For any day Covert doesn’t use his vacation time, the county will schedule them as an unpaid workday.
The county will agree to retain Hilton as deputy warden until he attains 20 years of service on Oct. 6, 2022, during which time Hilton will be permitted to use 280 hours of vacation time, 1,400 hours of sick time, and 24 hours of personal time he accrued.
For any sick or vacation time that is unused as of Oct. 6, 2022, the county will remit payment to Hilton at a rate of $30 a day by the next regularly scheduled pay day thereafter.
In return, both Covert and Hilton release and forever discharges the county from any and all claims, duties, obligations, liabilities, causes of action, demands, damages, costs, penalties, claims of attorneys’ fees, and expenses, contributions, and indemnities whatsoever, in law or in equity, of any kind of character whatsoever, known or unknown, including arising from or related in any way to their employment to the county, including without limitation, any claims the two ever had or now against the county.
The agreements do not limit the pair’s right, where applicable, to participate truthfully in an investigative proceeding of any federal, state or local governmental agency.
Both understand and agree that if an administrative claim or charge is made, they are not entitled to recover any monetary relief or other individual remedies because they released any claim for such remedies in the agreement.
The agreements state the pair understands, acknowledges, and admits the agreements represent a compromise of disputed claims, and is a resolution of disputed issues.
“The agreement is the product of arms’ length negotiations between the parties, and involves compromises of the parties’ respective positions, and is not an admission of liability by either party,” the agreement states.
Commissioners' comments on agreements
Commissioner Loretta Spielvogel, who chairs the county prison board, said these agreements allow the jail and its personnel to move on, and not have it in limbo.
“There’s been much discussion and much change at Lawrence County corrections over the past couple months,” she said.
County officials previously agreed to make jail Capt. Michael Mahlmeister interim warden.
The county prison board recommended Mahlmeister’s position be switched to jail superintendent, while the agreements for Covert and Hilton take effect, with superintendent having the same roles and responsibilities as warden.
The position of superintendent needs approval by the county salary board.
Commissioner Morgan Boyd, who chairs the board of commissioners, said he takes no pleasure in approving the agreements, stating in an ideal world, the board wouldn’t have to go through this process.
However, he said if the county didn’t agree to these settlements, the alternative would be to go through a time-consuming, and costly federal lawsuit, which the county wasn’t guaranteed to win.
Board approves jail housing agreement
The board approved an agreement with the commissioners from Washington County, Pa., in order for Lawrence County to house inmates from the Washington County Jail.
Mahlmeister said in the agreement, the inmates will be just female in the beginning, with Washington County paying $50 a day per inmate, not to exceed $50,000 a year. Washington County will cover all transportation and medical costs.
He said he is in negotiations with two other counties to house inmates at the Lawrence County Jail.
Nicholas Vercilla is a staff reporter for the Ellwood City Ledger. He can be reached at nvercilla@gannett.com.
This article originally appeared on Ellwood City Ledger: Lawrence County approves settlements with jail warden/deputy warden
