412 S.E.2d 408 (S.C. 1991), 23532, Ramsey v. County of McCormick

Docket Nº:23532.
Citation:412 S.E.2d 408, 306 S.C. 393
Opinion Judge:CHANDLER, Justice:
Party Name:Glynda W. RAMSEY, Claude W. Bussey, and Davis J. Morrah, of whom Glynda W. Ramsey is Respondent-Appellant, v. The COUNTY OF McCORMICK, Appellant-Respondent, EX PARTE: Glynda W. RAMSEY, Chief Magistrate for McCormick County, Petitioner.
Attorney:James E. McDonald, William B. Watkins, both of Burns, McDonald, Bradford, Patrick & Dean, Greenwood, for appellant-respondent. O. Lee Sturkey, McCormick, for respondent-appellant. Robert E. Lyon, Jr., and Robert S. Croom, Columbia, amicus curiae for S.C. Association of Counties.
Case Date:December 16, 1991
Court:Supreme Court of South Carolina
 
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Page 408

412 S.E.2d 408 (S.C. 1991)

306 S.C. 393

Glynda W. RAMSEY, Claude W. Bussey, and Davis J. Morrah,

of whom Glynda W. Ramsey is Respondent-Appellant,

v.

The COUNTY OF McCORMICK, Appellant-Respondent,

EX PARTE: Glynda W. RAMSEY, Chief Magistrate for McCormick

County, Petitioner.

No. 23532.

Supreme Court of South Carolina.

December 16, 1991

Heard Oct. 31, 1991.

Page 409

[306 S.C. 394] James E. McDonald, William B. Watkins, both of Burns, McDonald, Bradford, Patrick & Dean, Greenwood, for appellant-respondent.

O. Lee Sturkey, McCormick, for respondent-appellant.

Robert E. Lyon, Jr., and Robert S. Croom, Columbia, amicus curiae for S.C. Association of Counties.

CHANDLER, Justice:

These appeals involve the recently enacted Magistrate's Pay Act, S.C.Code Ann. § 22-8-10 et seq. (1989). Circuit Court held (1) that McCormick County's part-time magistrates were entitled to compensation for time spent "on call", (2) that Magistrate Glynda Ramsey (Ramsey) was employed in 1989 as a part-time magistrate, and (3) that Ramsey was not entitled to an award of attorney's fees.

We affirm in part, reverse in part and remand.

[306 S.C. 395] FACTS

In 1981, Ramsey was hired as secretary to the McCormick County (County) magistrates. She was subsequently appointed part-time magistrate to serve dual functions when other magistrates were unavailable. On January 1, 1989, Ramsey was appointed Chief Magistrate. At that time, County had a total of four magistrates, whose schedule to be on duty read as follows:

(1) Claude W. Bussey: To be on call every fourth weekend beginning Friday afternoon at 5:00 p.m. and ending at 9:00 a.m. Monday morning.

(2) David J. Morrah: To be on call every fourth weekend beginning Friday afternoon at 5:00 p.m. and ending at 9:00 a.m. Monday morning.

(3) Jake O. Trantham: To be on call every fourth weekend beginning Friday afternoon at 5:00 p.m. and ending at 9:00 a.m. Monday morning.

(4) Glynda W. Ramsey: To be on call every fourth weekend beginning Friday afternoon at 5:00 p.m. and ending at 9:00 a.m. Monday morning; maintain office hours of 9:00 a.m. until 5:00 p.m. Monday--Friday; To be on call week nights Monday--Friday.

Page 410

At its December 20, 1988 meeting, County Council approved 1989 salaries of $5,200 for each part-time magistrate, $1,500 supplemental pay to Chief Magistrate Ramsey and, additionally, $8,500 per year to Ramsey for her full-time secretarial duties.

On December 12...

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