Moseley returns to old contract, Breedlove’s term shortened

Published 7:42 pm Tuesday, July 8, 2014

The Decatur County Board of Commissioners voted unanimously Tuesday to rescind Decatur County Attorney Brown Moseley’s and Decatur County Administrator Gary Breedlove’s contracts, both voted on at the June 24 County Commission meeting.

Both contracts were rescinded due to the current commission traditionally not being able to bind a future commission and legality issues within Moseley’s contract.

Decatur County Chairman Frank Loeffler read aloud a letter written to him by Moseley requesting the board rescind his contract and vote on a new one.

“Given the situation that now confronts the commission, I would recommend that the board rescind the contract approved at the last meeting, and consider a contract that terminates at the pleasure of the commission and does not contain the severance payment provision,” Loeffler read.

The board voted unanimously to restore Moseley’s old contract, originally voted on Jan. 8, 2013. The contract is that of an independent contractor, stating that Moseley “shall serve at the pleasure of the governing authority of the county.”

It also does not contain the $50,000 termination payment clause that would have violated the gratuity clause of the state constitution. The new contract states Moseley can be terminated by Decatur County without cause.

The compensation for Moseley will not change.

Loeffler declined to make a comment regarding the legality of Moseley’s contract voted on June 24.

The board also voted unanimously on a new employee contract for Breedlove that shortens his term from 18 months to 12 months.

“We had a term of 18 months, and doing some checking, we decided that wasn’t on solid ground,” Loeffler said.

There are no other changes to Breedlove’s contract.