BEDFORD — With two Bedford County commissioners in agreement, a new assistant district attorney was hired Thursday, bringing to an end — at least partially — a complaint filed earlier this week against the commissioners by the county’s district attorney.

The agreement paved the way for the immediate hiring of Melissa Bergman as an assistant district attorney, after a judge ruled that the ADA’s backpay and reimbursement can be resolved later.

The complaint against the commissioners, filed by District Attorney Ashlan Clark, stated that a resignation in the DA’s office led to the office being understaffed. Clark found a potential candidate, went through the proper steps to make the hire and offered the position to Bergman, with a start date of Nov. 17, the complaint states.

However, shortly before Bergman was to start working, Clark was told the county had a hiring freeze in place and Bergman could not be brought on board.

Clark stated in the complaint that Bergman, a single mother, had already resigned from her previous position, that the hire had been previously approved and that the county should honor the obligation.

Clark filed the complaint in an effort to complete the hiring of Clark and for the county to backpay Bergman to Nov. 17 as well as pay all costs associated with the lawsuit.

In Bedford County court Thursday, President Judge Travis W. Livengood learned that neither of the three county commissioners could attend the proceedings due to a “busy schedule.”

At that point, Livengood asked assistant solicitor David Mitchell of Campbell Durrant, P.C., if the commissioners had something “more important” to attend.

Mitchell, representing the commissioners, said he was unfamiliar with their schedules.

Mitchell, however, did request the judge recuse himself from the case as the judge attended a meeting where the hiring freeze was discussed and asked a question about government funding.

Livengood said that meeting took place several weeks after the state budget was passed. He had “no idea” of conversations between the district attorney’s office and the commissioners, Livengood said.

He then declined to recuse himself from the case.

During the hearing, Clark said that after Assistant District Attorney Douglas Keating resigned, she found a candidate and sent along the start date paperwork.

When Livengood asked if new hires had been approved during the hiring freeze, Mitchell said only police and 911 staff, as they are “24/7” type jobs.

“I don’t understand why (district attorney) is not a 24/7 job,” Livengood said, adding that there are times the Bedford County Courthouse requires three working attorneys at once.

Considering Bergman’s projected $75,000 salary, which is $5,000 less than Keating, Livengood asked Mitchell if the commissioners would hire Bergman and agree to pay her $4,500 for the rest of the year until the hiring freeze ends Jan. 2.

The court took a 30-minute recess for Mitchell to contact the commissioners.

After two recess breaks, Mitchell said Commissioners Mike Stiles and Deb Baughman accepted the proposal, but they did not see a “statutory basis” for giving Bergman back pay.

Commissioner J.R. Winck could not be reached during the hearing.

In the end, Bergman was hired, with the issues of backpay and cost reimbursements to be revisited in January.

After the hearing, Clark said the ruling is an “appropriate decision,” as the District Attorney’s Office has been understaffed for months.

Clark said it will be good to have an attorney who can “help us handle the workload.” Bergman had been an assistant solicitor for Somerset Children and Youth.

Later that day, the commissioners released a response to the court’s decision, stating that they were agreeable to Bergman’s start date but “disappointed by the failure of Judge Livengood to recuse himself from the case.”

The release went on to say that the commissioners are “taking steps to respond to the budget shortfall,” and that they need to be “very careful regarding spending through the end of 2025.”

The commissioners said the aftermath of the state budget impasse continues to strain the county’s finances, with the county receiving only about one third of $3 million that it should have received from the state in the second half of 2025.

Mirror Staff Writer Colette Costlow is at 814-946-7414.