Cullman County Sheriff Mike Rainey is seen during a press conference in 2010. Pictured, from left, in back are Cullman City Police Assistant Chief Craig Green, Cullman County Narcotics Enforcement Team (CNET) Director Joey Cone and former Cullman County Commission chairman James Graves.

Three years after Sheriff Mike Rainey first alerted the Cullman County Commission that he was not being paid the same as his predecessor, commissioners unanimously agreed Tuesday to pay Rainey the more than $15,000 in back compensation due to him.

The total due to first-term Rainey — factoring in pay raises former four-term sheriff Tyler Roden received —  comes to $15,510.15. Rainey’s current salary is $63,248.38, and Roden left office making $67,100.28, according to county personnel records.

After the Attorney General’s Office ruled in July that Rainey was entitled to the same pay as Roden, the county sought a second opinion from its auditors with the Alabama Department of Examiners of Public Accountants. County Attorney Heath Meherg said after speaking with the auditors, they determined Rainey is entitled to the money as long as the county can prove the same percentage pay raises that were given to Roden during his 16-year tenure were also given to all county employees and that the raises were approved with annual budgets.

“The auditors are saying their original opinion is consistent with the Attorney General’s opinion,” Meherg said. “I feel comfortable that we meet those two conditions, but if for whatever reason, we’re not OK, then each of you (commissioners) will be personally responsible for paying back the money.”

Rainey first brought the issue to the commission’s attention in 2011 upon assuming office, and auditors told the commission then that Rainey could not receive the back pay because some of the raises given to Roden were classified differently. With a new commission administration in 2012, Rainey approached the issue again and was told to get an AG’s opinion on the matter.

Rainey did not attend Tuesday’s commission meeting. However his attorney Champ Crocker did, but he did not address the commission. After learning the commission’s decision to pay him the back compensation, Rainey said he was ready to put the whole matter behind him and move forward.

“I’m thankful for the Alabama Sheriff’s Association and Mr. Bobby Timmons, the Attorney General’s Office and the state auditors for having the same opinion that I am entitled to the same pay as my predecessor,” Rainey said. “But I do understand why the county commission wanted to get final approval from the state auditors first.”

Associate Commissioner Darrell Hicks said the county wanted clarification from auditors.

“There wasn’t any real dispute with us, it was with the state auditors,” Hicks said after Tuesday’s meeting. “It’s something that needed to be resolved.”

Commission Chairman Kenneth Walker said he did not understand why Rainey could not receive the same pay as Roden right after he took office in January 2011.

“I don’t think the sheriff ran for office for the money, but I don’t see why someone coming into office would not start making the same amount as the previous person,” Walker said. “I may not be making the same as (the former chairman) James Graves. I really don’t know, but it’s not about the money. I ran for the office, not the pay.”  

Rainey has been the only sheriff in the state not making the same as his predecessor, according to the Alabama Sherriffs’ Association.

Tiffeny Owens can be reached email at towens@cullmantimes.com or by phone at 256-734-2131, ext. 135.