In lawsuit, Beaufort County magistrates threaten to quit over loss of health benefits

If Beaufort County moves forward with plans to strip part-time magistrate judges of health care benefits, those judges may quit.

According to a lawsuit filed against the county last week by seven magistrates, the judges may “be unable to immediately replace (their health insurance) protection, or may be unable to obtain affordable protection at all.”

The civil suit calls for the court to intervene by “issuing an injunction prohibiting (county administration) from discontinuing or reducing” the magistrates’ benefits at the end of the month — a decision made late last year and upheld on appeal earlier this month by the Beaufort County Council.

“New insurance will be extremely costly,” the suit argues, and without insurance from the county, the “magistrates may find it necessary to resign their service, causing disruption in the operation of the court.”

Attorneys for Beaufort County have asked the court not to issue an injunction and allow the insurance benefits — estimated to cost the county more than $50,000 per year — to be stripped.

In a response to the suit filed late last week, the county argues that judges only work part-time and “no county employee with a similar position receives insurance benefits,” court documents show.

County administrator Gary Kubic said Monday, “People who work eight hours a week should not get full benefits.”

“It’s an equity issue as far as I’m concerned,” he said. “We’ve got more than 100 other part-timers who aren’t getting the same benefit.”

County attorney Tom Keaveny said Monday that if the court hears the complaint, he “think(s) that the law is solidly in our favor.”

Drew Laughlin, a Hilton Head Island attorney representing the judges in the suit, declined to comment Monday beyond saying, “I think the complaint speaks for itself.”

The suit is the latest skirmish in an ongoing clash between the magistrates and county officials.

“We’ve been in disputes with the magistrates every year,” Keaveny said.

Last year, the judges pushed for a 2-percent pay increase — in addition to the 3 percent cost-of-living adjustment given to them and all county employees. County leaders balked, claiming the magistrates were only entitled to one of the raises.

An arbitrator, retired S.C. Court of Appeals Judge Danny Pieper, ruled last March in favor of the county.

The current terms for the magistrates expire in April 2018.

This story was originally published June 26, 2017 at 3:21 PM with the headline "In lawsuit, Beaufort County magistrates threaten to quit over loss of health benefits."