Fannin County Taxpayers gave (Lynn Doss) Doss & Associates a nice size advance on services in December in the amount of $5,708.34…some extra Christmas money?

On September 22, 2015 the Fannin County Commissioners amended the county charter by what is called  “Home Rule Law”. This changed the spending authority of the chairman to a $4,500 limit and also required the approval of another Commissioner (for a majority). County Attorney Lynn Doss authored the new Home Rule Law. Fannin county has what is considered a CEO government.  This means the Chairman is in charge of the day to day operations and County employees are to follow his/her daily work instruction.

(Read Home Rule Law below)

December 13, 2016 was the last BOC (Board of Commissioners) meeting of the year. During the meeting Chairman Bill Simonds, Post commissioners Larry Joe Sosebee and Earl Johnson approved all checks over $4,500. There was no check approved that night ( 12/13/16) for Doss & Associates.

On December 14th a check for $5,708.34 was cut for January 2017 legal services to Doss & Associates.

This check was an advance on services not yet rendered to the county. At the time of this advance, Bill Simonds was still Chairman and CEO of the County. FYN spoke with former chairman Simonds and asked if he approved the check? Simonds told FYN that  when Accounts Payable Clerk, Ms. Julie Locke came to him and said Lynn Doss has asked for her check, do you want me to cut it? Simonds asked Locke if Lynn had been paid in full for the year and she replied yes, this would be her January payment. Simond’s then told Locke NOT to cut the check and wait until January and let the new chairman decide how he was going to handle the county attorney’s payments. (Accounts Payable Clerk, Ms. Julie Locke was not interviewed for this story)

FYN did an open record request for a copy of the check (see below). The check has the computer signatures of both Bill Simonds and Rita Davis Kirby, former county CFO and Clerk. Above the computer signatures was post commissioner Larry Joe Sosebee’s initialed approval.

Considering Simonds said he did not approve the check,  FYN then spoke with Post Commissioner Earl Johnson to see if he was the “second approval” of the check.  Johnson told FYN he didn’t know anything about the check and was not aware the county made a practice of paying anyone in advance for anything.

FYN contacted Post Commissioner Larry Joe Sosebee to ask why his intials of approval were on the check. Sosebee told FYN he received a call saying some checks needed approval and could he come by and approve. When he arrived,  Simonds was nowhere to be found.  Sosebee said the check was printed when he got to the office and he initialed the check.

Sosebee was at the Commissioner’s office earlier that same morning. The same day the check was cut,  Lynn Doss, Chairman elect Stan Helton and Larry Joe Sosebee met in the morning with then County CFO and Clerk, Rita Davis Kirby to inform her that after the first of the year,  her services would no longer be needed.

FYN spoke with Chairman Stan Helton. We asked Helton that on the morning (12/14/2016) of the meeting with Sosebee and Doss, if he was aware of a check being approved for Doss & Associates? Helton said he was not involved in any checks being approved or was he aware of any checks being cut before he took office.

FYN contacted former County CFO and Clerk Rita Davis Kirby and asked the following questions. Why is your name on the check cut for Lynn Doss on 12/14?

“ My name along with Mr. Simonds appears on every check as an electronic signature”

You were the County Clerk during the last commissioners meeting of the year 12/13/16.Was Ms. Doss’s check approved at that meeting? Were other checks approved at that meeting?

“ Ms. Doss’ check was NOT approved at the December 13th meeting and we did approve several checks at that meeting”

Chairman Simonds has gone on the record with FYN saying he instructed Ms. Julie Locke not to cut Ms. Doss’s check. Did you hear the conversation between Mr. Simonds and Ms. Locke? If so, what do you recall?

“My recollection of Ms. Doss’ check being cut is that Ms. Julie Locke came in my office on December 14th and I remember it very distinctly because it was the same day that Post Commissioner Sosebee and Chairman Elect Stan Helton told me services would no  longer be needed after the first of the year and Ms. Doss was present during that meeting. Ms. Locke told me that Ms. Doss had asked for her check but that she had already received her December payment and she stated. That just to make sure she went back to check to make sure she had received 12 payments and since she had this would be for January 2017. I told Julie (Ms. Locke) that she would have to get approval from Bill (Simonds) to cut the check and since it was over $4500.00, another commissioner would have to approve it as well.

I heard Mr. Simonds tell Julie that if it (the check) was for January then he wasn’t going to approve it. He said that he felt like Stan needed to be in on approving 2017 invoices over 4500”

Did Ms. Locke tell you who instructed her to print the check?

“Ms. Locke informed Ms. Doss that Mr. Simonds did not approve the check to be cut since it was actually a January payment and Mr. Simonds felt it should be approved in a January meeting. Ms. Locke then received a call from Commissioner Sosebee who at that time told Ms. Locke to cut the check for Ms. Doss and he would be in to approve it.”

Did LJS pick up the check or Lynn Doss?

“Commissioner Sosebee came into the office and initialed the Check and then Ms. Doss came in to pick the check up”

We sent County Attorney the following questions:

You received a check for January 2017 services on December 14, 2016

The commissioners approved checks during the 12/13/16 commissioners meeting. Your check was not in the group of checks approved that night.

Why not?

Did you request the check the morning of the 13th from then Chairman Bill Simonds?

If so, what was his answer to your request?

Post Commissioner Larry Joe Sosebee approved the check.

Did you request the check from commissioner Sosebee?

Who notified you the check was ready to pick up?

Why did you accept the check with only one approval?

Did you write the Home Rule that was passed requiring 2 commissioners approval for checks over $4500.

We have received no response from Lynn Doss concerning our questions.

If former Chairman Bill Simonds did not approve the check and Chairman Stan Helton was not aware of the check, why did Doss take the check? We are not aware if Helton planned to appoint Doss & Associates as county attorney in 2017 but unbeknownst to him, Doss bound the Chairman to use her firm by taking the check for 2017 services without his knowledge.

Lynn Doss has been county attorney for about 20 years. We have asked several times for a service agreement between the Firm and the County along with who set the monthly payment of $5,708.34.

The only response we received from Lynn Doss,

“There is not a service agreement between Doss & Doss, Doss & Associates, Lynn Doss or Harry Doss and the Fannin County Board of Commissioners.  As noted to you on previous occasions, there is not a contract or service agreement with Fannin County.  While, the County Attorney serves at the pleasure of the Chairman, according to the Carl Vinson Institute of Government, the primary functions of the county attorney are to advise the governing authority [the Board of Commissioners] and other county officers on their powers and duties under the law as well as such other task as assigned.  The Chairman is free to appoint the attorney he pleases and to fix the duties, term of office and compensation.”

Doss does not submit itemized invoices to the county. Doss & Associates invoices only have the date and amount due with no description of the services rendered to the county.

I question if Doss serves at the pleasure of the Chairman, who represents the post commissioners? The fact that the county post commissioners don’t have representation became an issue in the July 2015 lawsuit when then Chairman Bill Simonds sued the post commissioners over local legislation. Last year FYN sent an open records request to the Fannin County Probate Judge Scott Kiker and received a response on the Judge’s behalf from County Attorney Lynn Doss. Did the Chairman instruct her to represent the Probate Judge?

We did not check every county in the state, however most counties make the first order of business for the new year to appoint their county clerk and attorney. Below is the video of Gilmer Commissioners appointing their county attorney for 2017 and the agenda for Pickens County to appoint their county attorney as well. Maybe it’s time for Fannin County Commission Chair Stan Helton to look into the compensation, contract for services and appointing a County attorney.

As far as the check (over $4500 to Doss and Associates) cut in fiscal year 2016 for 2017  services not yet rendered and without proper approval, just may deserve a look by the District Attorney.

Check all documents below.

\Page 62 of the GA Constitution addresses Home Rule