An attempt by Summit County sheriff Jaime FitzSimons to sue his own county has been tossed out by a district court judge.
FitzSimons was suing the county for wages and overtime already paid out to his deputies and other employees, saying his office was promised this money through agreements as far back as 2022.
The sheriff claimed the board of county commissioners “abused its discretion by acting arbitrarily or unreasonably when it rejected the sheriff’s proposed 2024 budget,” according to court documents.
In his decision this week, Judge Reed Owens implied this argument was faulty, writing in his 21-page decision, “the complaint does not state a plausible claim that the board clearly abused its discretion.”
County commissioners applauded the dismissal, calling it “clear and thoughtful.”
“It allows all of us to get back to business on a more positive, collaborative path—without distraction,” the county said in a statement. “We’re looking forward to redirecting taxpayer dollars from unnecessary legal fees back toward the programs and services our community expects of their local government, including funding public safety at appropriate and sustainable levels.”
FitzSimons can appeal the decision. In this and other, unrelated budget feuds – the sheriff was recently forced to cut millions from his 2026 budget – he has often referred to a 2022 “step pay program,” in which he and past county officials agreed to wage increases of up to 8% for deputies. This decision refutes the power of that plan, suggesting that county commissioners can break the agreement if county tax revenue shrinks, or if other departments need the money.
“While I respect the court and its role in this process, I am disappointed with the outcome,” FitzSimons said in a statement. “I brought this action because I believed—and continue to believe—that the issues raised were significant for the long-term stability of public safety services in Summit County.”
The sheriff continues, “As I consider the possibility of an appeal, my priority now is to weigh what is in the best interest of our community, the safety and well-being of our staff, and the future of the sheriff’s office. That includes carefully evaluating whether continuing this legal challenge is justified and whether the additional cost of litigation is an appropriate use of taxpayer dollars.”
