Del. Hugo to Propose Bill About Sheriff's Retirement

The controversy over Fairfax County Sheriff could be headed to Richmond.

Delegate Tim Hugo (R-40) plans to introduce legislation that would prevent future elected officials from participating in the Deferred Retirement Option Program (DROP), closing a "loophole" , according to a Fairfax County Republican Committee press release. 

"Sheriff Barry's wrongful participation in this program takes away monies from critical and necessary County services," Hugo said in a press release. He did not respond to a request for comment.

"He has no intention of good law," Barry told Patch Thursday. "This is a political attack."

An employee of the Sheriff's Department for 32 years, Barry opted into DROP in 2009. DROP allows county employees who are eligible for retirement to continue at their jobs for three years while accruing retirement benefits. After those three years are up, the employee must retire.

Republicans say DROP was never intended for elected officials like Barry. Even if his participation is legal, they say, he should not run for re-election this year against Republican Bill Cooper because his three years in DROP will end in 2012. They have launched a website, DROP Stan Barry, to publicize the issue.

"As the Fairfax County Board of Supervisors is obviously not prepared to correct the situation, I will act in Richmond to protect the taxpayers of Fairfax County," Hugo said in the release.

Hugo's legislation would prevent elected officials from participating in "special retirement programs."

Barry has said that he will not earn interest on his retirement fund if he wins re-election. County Attorney David P. Bobzien has said Barry's participation in DROP and re-election campaign are both legal.

"This is Big Brother trying to reach down and do something,” Lee District Supervisor Jeff McKay (D) said about Hugo's proposed bill. While the Commonwealth pays a portion of the salaries of each county's commonwealth's attorney, sheriff, and court clerk, McKay said the legislation would affect all elected officials, including those whose salaries are not funded by the state government. 

McKay said Hugo's proposal would also discourage county employees who are eligible for retirement from running for office.

DROP's limit on three years of employment after entering the program is complicated by Barry's elected status, according to Sully District Supervisor Michael Frey (R).

“The real issue is we have an elected official that chose to enter it, and because of the unique nature of elected officials, has chosen to go back on his word,” Frey said.

Providence District Supervisor Linda Smyth (D) said the DROP law was never written with elected officials in mind, because they have their own form of mandatory retirement. 

"You either get elected or you're not," she said.