Settlement of an ongoing salary dispute between the Waseca County sheriff and the county is now in the hands of a judge.

At issue is the setting of Sheriff Tim Dann’s 2007 and 2008 salary.

Dann’s attorneys argue the county acted arbitrarily and not within state statute when it set his salary.

An attorney for the county maintains the burden of proof is on the sheriff to show that the County Board of Commissioners acted in an arbitrary manner.

Steele County District Judge Joseph Bueltel, who heard arguments from both sides last week, must rule on the case within 90 days.

“This is not just, ‘Hey, we want more money,’” said Dann’s attorney Tim Kraus of Waseca. “It’s clear that the county gave an arbitrary number. It did not take into consideration all the variables that need to be taken into consideration when considering a sheriff’s salary.”

Kraus said Minnesota has a statute directly pertaining to sheriff’s salaries, and the County Board opted to give Dann standard county employee 2.5 percent cost-of-living increases without taking into account his years of experience and specific duties of his office.

“He should be receiving well above average for a county sheriff, and he’s receiving below average,” Kraus said in comparing the sheriff’s salary to those in other southern Minnesota counties.

Dann last year requested a two-year increase of $17,333, which would have boosted his 2008 salary to $95,000.

The county set his 2007 salary at $79,234 and his 2008 salary at $81,214.

Dann has been Waseca County sheriff for 10 years and has 25 years experience in law enforcement. Kraus said Dann plans to retire at the end of 2010.