The Fannin County Commissioners held its last meeting of the year on Tuesday December 10th.
There was more on the agenda than the budget and Christmas bonuses. In the new business section of the agenda was a line item that left confused looks on many faces. The particular item read as follows: #4 Tax Assessor request for $18,000 to retain Jarrard & Davis Law Firm for services. Chairman Bill Simonds read the agenda aloud and then addressed the crowd,

“I’m at a loss on what this is for.”

Simonds looked to Tax Assessor Board Member, David Lewis for an explanation. Lewis stated,

“The board recently made a decision to obtain an attorney for the purpose of handling cases in addition to providing legal advice to the board.”

Lewis went on to say that this would help the board stay in the bounds of the laws.

The Board of Assessors is a state controlled office and not run by the Commissioners.
Lewis reminded the commissioners that there is a separation and having its own legal help would enforce this separation.

“We need to maintain that separation,”

Lewis stated.

In a recent joint executive session between the Commissioners and the Tax Assessors Board, the County Attorney Lynn Doss was representing both boards and responding to questions from each board as well. Lewis let the audience know that the Assessors Board felt like they were not represented appropriately.

Lewis and Board Member Jerry Whitehead both told the board that making this move could help to close unresolved cases. County Attorney Doss was present at the meeting. She informed the board,

“All the cases are ready to try.”

Doss went on to say she is waiting to be summonsed by the Superior Court and that everything was ready on her side of the case.

Larry Jo Sosebee and Johnson both questioned the motive for the money. Both Commissioners asking “Does this have anything to do with the investigation by the Department of Revenue?” Whitehead and Lewis stated that it did not.

Simonds joined in on the questioning. He asked each of the men to state to the crowd as to how long they had been in office. Each responded that they have years of experience. Simonds stated,

“Neither one of you have been to my office to tell me about this problem…Why am I just now hearing this…I think you are wanting this $18,000 because your letting history gage the future…I find it hard to approve this money. I think we should table it until further discussion.”

Rita Kirby spoke on behalf of the budget telling the board members that there was a line item of $25,000 left in the Tax Assessors budget to use for legal fees. This is the amount that has been set aside in the budget since the start of last year. It may be necessary to pay judgments if Assessors are found wrong in a court case. Doss informed the audience the reason the money was still available is because the Tax Assessors, with her help, had not lost a case this current year.

After the discussion came to a stand still Simonds made the motion to table the action. This however was not carried by a second. Since it remained on the floor Johnson added,

“If you had it (money) in your budget and I approved your budget I really don’t have a lot of ground to tell you no, when I’ve already said yes.”

Basically Johnson was just acknowledging the money amount was previously approved in the Assessor’s budget. Upon saying that, Johnson made the motion to approve the funds to go to the Tax Assessors. This was followed by a second from Sosebee. Simonds would not be in favor.

With the Assessors getting the money it raises a few questions. Why did the Chairman not know about the problems until now? When did the Assessors approve to ask for the funds? Anyone that goes to a commissioners meeting will hear Chairman Simonds state that he has an open door policy to come and tell him what’s wrong. Why let a problem go on for three years if it is that bad?

Lewis stated in the meeting that the board had

“recently made a decision to obtain an attorney.”

FYN did an open records request and received all meeting minutes since July. No where in those minutes did it state this decision.

As Johnson stated in the meeting “One could see how it could raise suspicion at the timing of this.”