Newspaper Page Text
VOLUME XCVII — NUMBER XXIV
Informant’s Tip Uncovers $26,000 Error
To: Flynt Langford, Secretary-Treasurer Rrom: s SR e
Peace Officers’ Annuity and Benefit Fund Court
P. 0. Box 56
Griffin. Georgia 30224 R R et
! County
Acct. No. __
Report of Fines and ‘or Bond Forfeitures for cases during the period
e e R RS R R
et R oo i oot s S it e it
oo e eR e e e P e e e e —eeeeere
Amount of Fine and or Bond Number of Amount due on Total
Forfeiture Cases each case
-
$4.01 through $25.00 $3.00
$25.01 through $50.00 —m
50,01 through SIOO.OO — $5.00
A ;
SIOO.OI and over 5% of ;
- each case
GRAND TOTAL i e
To the hest of my knowledge and belief this is a correct amount for the period stated above which is due the Peace
Ofticers” Anhuin: and Benefit Fund of Georgia as provided by Ga. Laws, 1950, p. 50, as amended.
Date: b o Ll s _
Signature
Title
Please give the number of cases in each category above. However, itemizing individual cases in any category is optional.
Each remitting agent is required to keep accurate records of all cases handled so that they may be inspected or audited at
any time. For your information there is printed below on this form, the section of Georgia Laws applicable to making
remittances. Please note that there is a time limitation for making such remittances as set forth in the Section of Georgia
Laws referred to.
The original report should be mailed with your remittance to: ‘Peace Officers’ A & B Fund of Ga.
P. O. Box 56
© Griffin, Georgia 30224
“Section 10. 1n ali criminal and quasi criminal cases for violating amounts due the board so that the same may be audited or inspected
State statutes or municipal ordinances, wherein a fine which shallbe at any time by any representative of the board by cirection of the
constr.ea to include costs is collected, or wherein a bond, which board. Sums remitted to the secretary treasurer under this section
shalt he construen 10 include costs, s forfeited and collecred, in any shall be used as provided for elsewhere in this act
court o tribunal n this State. a sum based upon the scale set out “When any person or authority, whose duty it is to collect and
herenatter for each such case shall be paid 10 the secretary treasurer remit moneys 10 the secretary treasurer under this section shall fail to
on the first day of each month thereafter or at such time as the Board remit such moneys whitin 60 days of the date they are required 10 be
may pro.ide by the person or authority coliecting the same. Such remittad, the same shall be delinquent and there shall be imposed, in
sums shal' be pad spon the following scale addition to the principal amount due, a specific penalty in the
For any fine or bond forfeiture of more than $4.00, but not amount of five percent (5%) of said principal amount per month for
more than 52500 S3OO each month during which the funds continue 10 be delinquent, not 1o
For any fine or bond forfeiture of more than $25.00, but not &xceed “wenty-five percent (25%) There shall be added 1o the prin
more than SSO 00 $4 00 cipal amount of such funds which are delinquent, interest at the rate
‘For any fine or bona forfeiture of more than $50.00, but not of six percent (6%) per annum from the date said funds becorne
more than SIOO.OO $5 00 delinquent until the same are paid. All funds due on or before April
For any tine or bond forfeiture of more than SIOO.OO -5% 1, 1966, and not paid, shall be delinquent after the expiration of 60
The sum provided for shall be paid 10 the secretary treasurer days from said date. By affirmative vote of a!l members, the Board,
before the payment of any costs or any claim whatsoever against such upon the payment of the delinquent funds together with interest and
tine or forfeiture it is hereby made the duty of the person or author '0( good cause shown, may waive the spec sic penalty provided for in
ity collecting the said moneys to keep accurate records of the this section (Etfective 5-1-75)
Form No 701 - Revised May 1, 1975
Restraining Order OK’d
After Church Dispute
ChattooFa Superior Court
Judge Paul Painter issued a
temgorary restraining order
Friday enjoining several
members of the Summerville
Presbyterian Church from
“interferring, obstructing or
in any manner whatsoever
preventing”’ the free use of
church property. :
The orggr names church
members Lucian C. Turner,
Archibald Farrar Sr., Stuart
Marks, Jimmy Duff, Frank
Agnew, Andrew M, Williams,
Gordon H. Little, Joe Ra:fland
and Joe Hammond as
res‘fondents in the civil action
and members William B. Hair,
Herman E. Spivey, the Rev.
Carson L. Salyer and the Sum
merville Presf‘),yterian Church,
Inc., as petitioners.
The parties are ordered to
appear in Superior Court July
School Buys Property
The Chattooga County
Board of Education purchased
a plot of land Friday on which
to build a new f(junior hi%h
school as soon as funds can be
appropriated.
Board Chairman Joel Cook
announced that the board had
purchased approximateir 40
acres of land located on
Georgia Highway 100. The
;:orolpertYl is a ?:rtion of the
‘Old Wheeler Place.’”’ The deal
was closed shortly before 3
p.m. Friday after over three
months of negotiations.
The land was purchased
from James F. Beatson and
Gary L. McGee, both of Loui
siana. The cost of the plot was
$67,632, according 1o Cook.
Cook said as soon as the
board is advised on the proper
procedures to a%ply for capital
outlay funds, they will make
application in hoges of obtain
ing funds to build a new junior
high school. According to
Cook, the state will not ap
prove funds for the board to
remodel the existing junior
City Gets I-75 Sign
Sen. E.G. Summers
notified the Chattooga Coun
’tl{x Chamber of Commerce
esday mon;’i:}f that a Sum
merville sign will be erected at
the Adairsville exit on I-75 in
the near future.
The sign will be located at
the Adairsville Hwy. 140 exit.
Che Summeruille News
1 at 10 a.m. for a hearing.
The petitioners claim in
the suit that: “On or about
April 25, 1982, a congrega
tional meeting was called %or
the specific E]ur ose of obtain
ing a two-t 'r(f; vote of the
congregation in favor of sever
ing the connection between
the church and the
.Presbyterian Church of the
United States. The meeting
resulted in less than a two
thirds vote in favor of
severance.”’
The petitioners further
claim: “On June 8, 1982, the
respondent Trustees ex
ecuted an indenture, totally
lacking any consideration,
urporting to divest the
Keneficial interest of Summer
ville Presbyterian Church,
Inc. of the real property of the
Summerville Presbyterian
high building. For this reason
a new junior high must be
built.
At the present time the
land is leased to a local farmer
who has soybeans planted on
it. Cook noted that if for some
reason funds are not ap
gropriated so construction can
e%m next year, the land can
be leased again as crop land.
Count:%'(l chool Sugerint,en
dent Bill King said, ‘‘l'm glad
we (the board of education)
have our own piece of proper
t{ now so that sometime in
the future, if funds are
available, we can build a new
junior high school.”
Cook added, ‘‘lf we can (filet
state funds, we are in dire
need of a new junior high
school building. I would cer
tainly like to build one for the
Summerville and Gore
district. We have remodeled
several of the other schools. If
we could get a new junior high
school, we would have our
school system in pretty good
shape.”
It will inform motorists
traveling on 1-75 which exit to
take to get to Summerville.
The sign should be put uxmin
the next few weeks, according
to regorts.
Efforts to get the si
erected have been in the m£
ing for quite some time.
SUMMERVILLE, CHATTOOGA COUNTY, GEORGIA 30747, THURSDAY, JULY 1, 1982
Church and to vest such in
terest in the trustees of an en
tity denominated the Sum
merville Presbyterian Church,
an independent Church.”
The petitioners claim that
the ind?endent church
established on June 8 was not
valid. ‘‘The respondent
Trustees, in taking such ac
tion, acted unlawfully, im
properly, illegall{. and in the
contravention of the law of
Georfiia St
The suit further claims:
“On or about June 16, 1982,
notice was given to petitioner
Pastor Carson L. Sag'er Jr. to
vacate the pastoral home
located on church property.
“‘On‘ June 23, 1982,
resgondents, unlawfully and
without authority, gave notice
to petitioner Salyer of his ter
mination from employment as
the pastor of the gummerville
Presbyterian Church, con
trary to the terms and condi
tions of the gastoral call ex
ecuted on behalf of the Sum
merville Presbgterian Church
and Cherokee Presbytery, the
suit states.
“Vandalism has occurred
to the personal and other pro
perty of petitioner Salyer and
to corporate property of the
plaintiff corporation (Sum
merville Presbyterian Church,
Inc.) by person or persons
unknown who have forced en
try to the pastoral manse dur
ing a period of time following
the giving of notice of ter
see ORDER, page 3-A
RARARRRRARARAAARRT RS
Dear Mr. Editor:
Id like to take this opper
tunity to wish everone a safe
and hyappy July 4th hollerday.
And remember to drive safely,
because the life you save may
be mine.
I red in yer paper where
that pastors house got van
dalized. I think that is the
most asernine thing I ever
hurd of anzone doing. Having
met that thar preecher, I have
to szif he shore is a fine feller,
a real asset to our community.
Why anyone wood do sech a
thir;g is bgyond me.
ores Truly,
UNCLE NED
By JAMES BUDD
A mysterious tif)ster ap
parently led officials of the
state Peace Officers’ Annuity
and Benefit Fund to order an
audit of the Summerville
Recorder’'s Court revealin
that the city owes the funfi
nearly $26,000 in bond
forfeitures, penalties and in
terest charges dating back to
1970.
The Peace Officers’ Annui
ty and Benefit Fund,
established bfi' the Legislature
in 1950 to collect a percentage
of fees collected in courts
throughout the state for law
enforcement officers' benefits,
ordered Summerville to pay
$16,247 in back bond
forfeitures, $5,682 in interest
charges and penalties of
$4,066 by May 10 of this year.
When the city failed to
make the payment, a suit was
filed by attorneys for the fund
June 11 in Chattooga Superior
Court, naming Mayor gewell
Cash, Councilmen Earl Parris,
Ira Pollard, Clint Agnew,
Hubert Palmer, Dennis Cox
and City Clerk Bert Self as
defendants.
According to Flynt
Langford, secretary-treasurer
of the fund, Summerville paid
the fund the correct percen
tage of fees collected, but fail
ed to remit a percentage of
bond forfeitures as required
by state law durinia 11-year
Beriod from March 1970 to
ecember 1981.
The audit, conducted last
July, revealed discregancies in
ayment dating back to 1965,
gut the amounts during the
five-year period from 1965 to
1970 showed overpaid and
underpaid amounts tended
“to balance each other out,”
according to Langford.
From March 1970 to
December 1981, the city
allegedly stopped paying the
Murder Suspect Captured In
Alabama After Intense Search
By PAM PURCELL
Authorities continued
Wednesday to search for the
murder weapon used in the
Sunday night shooting death
of a Summerville man.
Authorities apprehended the
dead man’s stepson Tuesday
afternoon and charged him
with the murder.
Terry Elden Dyer, 24, of
the Wayside Community was
captured around 5:30 p.m.
Tuesday in a densely-wooded
area south of Jamestown, Ala.
Dyer waived extradition and
was returned to the Chattooga
Counti Jail Tuesday night,
where he was charged with the
first degree murder of Charles
“Curly” Eugene Hunter, 47,
of the Wayside Community.
The shooting occurred at
the Hunter resigence on U. S.
Highway 27 shortly after 10
p.m. Sunday. An intense
County To Celebrate July Fourth
Crowds will gather in
downtown Summerville
Saturday, July 3, to view the
second countywide Fourth of
July Parade, which begins at 2
p.m.
Grand marshal for this
year's parade will be Con
gressman Larry McDonald.
Uncle Sam will ge leading the
parade.
Other political figures in
the parade will include Sheriff
Gary McConnell, Summerville
Police Chief Arlen Thomas
and Sen. E. G. Summers. A
number of other state political
Eersonalities will also be on
and for the parade or have a
local sufiport,er representing
them. The Summerville Fire
Department and the Chat
tooga County Ambulance Ser
vice will also be featured in
the ’Farade.
he marching band from
Fort McClellan will arrive in
town to fierform for the crowd
during the garade.
The Tri-State Twirlers, the
cloggers from Menlo and Sum
merville, an estimated 20
custom-built three-wheel
motorcycles from Dalton, an
tique cars, and fancy dune
buggies are scheduled to be in
the i)arade. Members of the
newly-formed Northwest
Georgia Rodeo Club of the
Georgia High School Rodeo
Association, along with a
number of area horsemen, will
fund a percentage of the bond
forfeitures, Langford said.
“They ?aid the fees but not
the forfeitures,”’ he said.
In a phone conversation
from the Griffin-based state
headquarters of the fund,
La;g?iord saic}f anlinformant
ti state officials to possi
b[?e discrepancies within the ci
ty's &’yment procedure.
““We had an informant who
told us to check it out to make
sure everything was OK,”
said Langiord. The state
director refused to give the in
formant’s name or place of
residency.
Langford said the fund
receives a percentage of fees
and forfeitures from 750
courts throu%:xout the state,
including the Chattooga
Superior Court, the Chattooga
Probate Court and the city
courts of Summerville, Trion,
Menlo and Lyerly.
Without the informant’s
tip, the discrepancy ma
never have been discoveret{
said Langford. ‘“We've got
750 courts throughout tiis
state and unless we have some
suspicion that something is
wrong then an audit usuall
won't be conducted,” he sa,i(?.,
Under state law, courts
must remit $3 for every fine
and forfeiture from $4 to $25,
84 for every fine up to SSO,
and $5 for every fine from SSO
to SIOO. The courts are re
quired to remit 5 percent of
every fine and forfeiture of
SIOO or more.
In the Summerville
Recorder’'s Court, it is the
responsibility of Judge Ralph
Brown to turn over the total
amounts received in fees and
forfeitures to City Clerk Bert
Self, who in turn sends a mon
thly remittance report to the
state fund listing t?\e fees and
forfeitures collected and a
check fur the correct percen
manhunt for Dyer had been
underway since the shooting,
as Ddyer had fled the scene
Sunday night Dbefore
authorities arrived.
Authorities were attemp
ting to recover the murder
weapon Wednesday. A search
of the Chattooga River Bridge
area was being conducted by
sheriff’s deputies. The weapon
is believed to have been
thrown in or around the river
Sunday night after the
shooting.
According to Investigator
Tony Gilleland of the sheriff’s
department, an intense in
vestigation into the incident
had been underway since Sun
day. Information received in
the investigation led
authorities to concentrate
their efforts in the Jamestown
area, noted Gilleland.
A 1968 Ford pickup truck,
be on hand to ride in the
parade.
“Miss Piggy’’ will be
riding in a convertible in the
parage followed by a number
of farm animals. Youngsters
will enjoy seeing the lovable
church mouse from last year’s
?arade. alon§ with the sly old
ox, several of the giant
chickens, and other exciting
animals.
There will be the usual
floats and decorated bicycles
in the Farade. A prize will be
given or the best decarated
icycle.
Refreshments will be on
sale in downtown Summer
ville before and during the
parade from a concession
stand set up by the Chattooga
County Rescue Squad.
Free balloons will be given
ta all youngsters at the
parade.
LINE UP TIME
Line-ugl for the parade will
be as follows — bicyclists
meet in the Huddle House
parking lot; floats and cars
meet along the Lyerly
Highway across from
Russell’s Service Station;
walking units in the business
%arking lot on the Lyerly
ighway; and riders (horses
and wagons) in the city park.
Participants should line up
between 1 and 1:30 p.m. The
parade participants will con
verge at the intersection of
tage.
Brown, who has been City
Recorder’s Court judge for 18
years, said he had ‘no com
ment’’ concerning the alleged
discrepancies.
Citg Clerk Bert Self said
she ‘‘didn’t know that much
about it”" and told The News
the matter is solely in the
hands of City Attorney Ben
Ballenger.
Despite Summerville’s ap
parent confusion regarding
the fund’'s collection pro
cedure, court administrators
for the Chattooga Superior
Court, Probate Court and the
Trion City Court were fully
aware that a percentage of the
bond forfeitures collected
were required for the Peace
Officers” Annuity and Benefit
Fund.
‘‘Bond forfeitures are
counted as fines,” said Iris
Plummer, administrator of
the Trion City Court. “We
send in the forfeitures every
six months along with the
fees.”
Becky Martin, clerk of the
commissioner’s office, said
after each term of Superior
Court, the cases are reviewed
and the percentage of fees and
bond forfeitures are remitted
to the Peace Officers’ Annuit;
and Benefit Fun({
“Forfeitured cash bonds are
fees — that is a fine,” she said.
Director Langford said the
correct procedure for filing the
remittance is clearly written
“in black and white”’ on the
actual remittance form. “It’s
there,” he said. ‘“There’s no
question that the law requires
i
The fund’'s remittance
form states in two places the
words, ‘“‘report of fines and/or
bond forfeitures,” in large
type.
The 1975 revised fee
schedule along with the laws
which Dyer allegedly stole
from the Hunter residence
Sunday night, was recovered
Tuesday afternoon hidden in a
wooded area between Menlo
and Jamestown, Gilleland ex-
Elained. Approximatellly 2%
ours later, added Gilleland,
Dyer was apprehended a
“good distance’ from where
the truck was recovered.
Making the arrest along
with Gilleland was Sgt. Ron
Turner and Deputy Greg Lat
ta of the local sheriff’s depart
ment and Danny Smith, in
vestigator for the District At
torney in Cherokee County,
Ala.
THE SHOOTING
Hunter was shot three
times with a .30-.30 rifle,
Gilleland said. He received
three close range, large caliber
gunshot wounds to the chest,
according to Dr. C. O. Senitt
the Lyerly Highw%y and U. S. The Rev. Carl Hadley,
Highway 27 and continue | organizer of the parade, said,
north through town. The | “This year’'s parade seems to
parade will disband in the Pig- |be shaping up even better
gly Wiggly parking lot. than last year’s, and we were
el g T - > e ¢
‘ ‘ 3 ? o 4 v e y
; g\ f F P 5
: ‘ ‘6 | . ||; | ¢
\ ' “
L : &\i § 4 : { % ¥ 3 i : . 1
k- Vil : : . - 0N
The King's Messengers from LaFayette.
will be among the featured singers at a
gospel singing Sunday eveninfi, July 4,
at the Chattooga High School football
regarding payment are writ
ten in smalier print at the bot
tom of the remittance form.
The Earafraph at the bottom
of the form states several
times the words, ‘‘For any fine
or bond forfeiture.”
According to city records,
the city first discussed the
monies allegedly owed the
fund in a special-called
meeting Aug. 31, 1981 — one
month after the audit.
Durin% the AuguSt
meeting, Councilman Parris
made an adopted motion to
order City Attorney Ben
Ballenger to investigate the
charges made previously by
attorneys for the fund.
The matter arose again in
another special-called meeting
Nov. 23, 1981.
Ballenger told the council
the fund’s attorneys would be
submitting information to
him explaining the
background of the charges.
Ballenger said last week he
will file a legal answer to the
suit filed June 11 by the re
quired 30-day deadline of July
11
“I don’t believe they (Sum
merville) owe all the amount,”’
said Ballenger, ‘‘especially the
penalties.”
The city attorney said the
earliest possible date the case
could be tried would be the
February term of Superior
Court.
Ballenger said he will most
likely use up to four months
for a legal ‘‘discovery,”’
whereby the attorneys involv
ed may be informed as to in
formation known by other
witnesses and parties involv
ed.
Mayor Sewell Cash said he
was unaware of the apparent
discrépancies and was not
notified of the situation until
last summer. ‘‘lt was just an
of Rome, who performed the
autopsy on Hunter. Dr. Senitt
said a combination of the
three shots killed Hunter, but
one shot did penetrate his
heart causing sudden death.
Hunter had no other injuries,
added Dr. Senitt.
The shooting was ap
parently the climax of a
domestic altercation between
Dyer and Hunter, said
Gilleland.
" The Chattooga County
Ambulance Service was the
first ones at the scene of the
shooting. Three emergency
medical technicians (EMTs)
from the Chattooga County
Hospital were en route back to
the gospital after transferring
a patient to Rome when they
were stopped in connection
with the shooting.
As the EMTs (Donnie
see MURDER, page 3-A
King’s Messengers To Sing
error — if, in fact, this was the
case,”” said Cash. “It's an
oversight on somebody’s
part.”
Cash said he was not cer
tain why the city had alleged
ly stopped payment on the
bond forfeitures 12 years ago,
as charpged by the Peace Of
ficers’ Fund officials.
The mayor said if the city
is proved wrong, then it would
be “m{' feeling that if we owe
it, we’ pag' it.”” However, he
added, ‘“The penalty part is
what I would question.”
Cash said the city began
Bgyin% a percenta%a of the
nd forfeitures in December
on the advice of attorney
Ballenger.
The mayor said he did not
know why the cit’y did not pay
a percentage of the bonds
when other courts in the coun
ty were aware of the correct
procedure. ‘‘Apparently
everybody (in city govern
ment) thought the procedure
was correct since it was done
this way for so long,’’ said
Cash.
The mayor said the city is
in the process of hiring an
auditor and the records will be
studied “with a fine-toothed
comb.” Cash further stated he
believed the monies due the
fund stayed in the city's
general fund.
“I'm still trying to pin
point what happened,” he
said. “We’'ll continue to look
into it.”
According to state , law
re‘%;ulating the fund payments,
“When any person or authori
ty, whose duty it is to collect
and remit monies to the
secretary-treasurer under this
section shall fail to remit such
monies within 60 days or the
date they are required to be
remitted, the same shall be
delinquent and there shall be
see INFORMANT, page 3-A
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“CURLY” HUNTER
all surprised at the success of
that one. However, donations
to the parade fund are still
needed. Some of our expenses
see JULY 4th, page 3-A
field. The singing will‘begin at 3 o’clock.
There will be 2% hours of music, singing
and testimonies.
PRICE 20c