A night watchman was hired by the sheriff of Jasper County, Missouri to guard property that had been levied in order to satisfy judgments of the court. His working hours were from 7 p.m. to 7 a.m. The daytime watchman worked from 7 a.m. to 7 p.m., so that there was always a guard on duty 24 hours per day. The night watchman earned an hourly wage and was subject to the sheriff’s control as to how he performed his duties.

The state challenged an assessment of the night watchman’s wages by social security pursuant to a section 218 agreement whereby state and local employees’ wages were subject to assessments by social security.

The state argued that, although the county sheriff hired the watchman, he did so on behalf of the lienors and not on behalf of the county.

However, the social security commissioner found that the sheriff hired the night watchman as part of his official duties, as he was authorized by statute to do, as well as by the court which had jurisdiction over the res. Moreover, the sheriff had control over the manner in which the night watchman performed his work. Therefore, it was held that the night watchman was an employee of the county whose wages were subject to assessment by social security pursuant to the section 218 agreement.

See Social Security Ruling (SSR) 67-27.

This material should not be construed as legal advice for any particular fact situation, but is intended for general informational purposes only. For advice specific to any individual situation, an experienced attorney should be contacted.