Newspaper Page Text
October 14, 2024, The Islander, Page 3
Glynn County demands DA Higgins reimburse county funds
By Pamela Permar-Shierling
Last Tuesday, October 8, attor
neys for Glynn County demanded
that Brunswick Judicial Circuit Dis
trict Attorney’s office reimburse the
county for approximately $1 million
due for several month’s of payroll for
the entire circuit.
Up until the Sept. 7 payroll period,
Glynn County had acted as payroll
administrator for the DA’s office and
paid the entire payroll for the five
county district circuit. The DA’s office
was to reimburse the county.
The DA’s reimbursements dried up
in November 2023 and now amount
to almost $1 million.
On Sept. 7 the Glynn County Board
of Commissioners (BOC) sent a letter
to Higgins stating it would no longer
process the district’s payroll after the
Sept. 7 pay period. The letter stated
the county would directly reimburse
a third party payroll processer of Hig
gins’ choosing for the Glynn County
office payroll. Higgins, however, had
to provide documented payroll infor
mation for each payroll requested.
The county’s letter also stated,
“Furthermore, Glynn County ex
pects the District Attorney’s Office
to continue submitting invoices for
office expenses, utilities, and other
necessary costs, as required under
O.C.G.A. § 15-18-23. Without proper
substantiation, Glynn County will be
unable to process payments for these
expenses.”
The letter continued, “This deci
sion comes after a negotiation period
between the BOC and the District At
torney aimed at resolving outstand
ing payroll expenses owed to Glynn
County.”
On September 13 David Michael
Conner of the Conner Law Group
wrote a letter to the BOC stating he
represented Higgins and the D.A.’s
office.
Conner’s letter stated, “This refus
al to make disbursements to the Dis
trict Attorney’s office is unlawful and
is violative of both GA. Code Ann. §
15-18-20 and established precedent
in this State.”
The letter demands that the coun
ty disburse $60,958.21 to the DA’s of
fice on or before September 20, 2024.
This is the amount of the monthly dis
bursement of $108,414.75 to the DA’s
office from Glynn County’s annual
appropriation of $1,300,977 in the FY
2025 budget, minus $47,456.54 cred
ited to the DA’s September payroll
expenses.
The letter demands that Glynn
County make the regular $108,414.75
budgeted monthly disbursement on
Oct. 1 through June 2025.
Conner also demands that
$27,003.34 be immediately paid to
the DA’s office. This is the total dis
bursement of $216,829.50 that the
County should have made to the Dis
trict Attorney’s Office in July 2024
and August 2024, minus the amount
of $189,826.16 that was credited to
payroll expenses in those months.
“Prompt compliance with these de
mands is necessary for the continued
operation of the District Attorney’s
Office. Mr. Higgins and his office will
petition the Court for a writ of manda
mus to enforce that appropriate dis
bursements are made to the District
Attorney’s Office by Glynn County if
these demands are not satisfied on or
before September 20, 2024.”
On Sept. 20 Brad Watkins, of
Brown, Readdick, Bumgartner,
Carter, Strickland & Watkins, LLP,
responded to Conner stating he rep
resents Glynn County in litigation
matters.
Watkins states Glynn County is
committed to meeting its funding
obligations and will continue to dis
burse appropriated funds in accor
dance with its budget and applicable
law.
Watkins enumerated the problems
with the DA’s office:
• the DA’s office “mismanagement
of Glynn County’s funds (including
its admitted use of Glynn County’s
statutory personnel subsidy to pay
for non-Glynn County payroll ex
penses and other nonreimbursable
expenses)
• the growing debt owed to Glynn
County of nearly $1 million due to the
mismanagement of its finances and
refusal to meet its own obligations to
fund its payroll
• refusal to adhere to O.C.G.A. §
15-18-20(b)’s requirement to obtain
Glynn County’s approval of the man
ner and amount of compensation un
der O.C.G.A. § 15-18-20, (5)
• inexcusable failure to seek prior
approval or budget amendment from
Glynn County and the four other
counties in the circuit before exceed
ing the amount of funds appropriated
by those counties for the DA’s office
• the DA’s office refusal to reach
an acceptable compromise solution to
these problems
“Glynn County has had no choice
but to discontinue providing payroll
processing and administrative ser
vices to the DA’s office.”
Watkins continued: “The only
changes being implemented by Glynn
County are (1) the discontinuation
of its payroll and administrative
services for the DA’s office, and (2)
Glynn County’s perfectly reasonable
requirement that the DA’s office in
voice Glynn County for its actual,
verifiable, monthly subsidizable and
reimbursable expenses contemplated
by O.C.G.A. § 15-18-20 and 15-18-23,
which shall then be promptly paid by
Glynn County.”
The letter states: “Glynn County
was handling payroll for four other
counties in the Brunswick Judicial
Circuit. Glynn County was paying for
these other counties’ compensation
responsibilities, yet not being reim
bursed for this outflow of money. We
certainly welcome your explanation
for how this was allowed to occur.
“Of course, no explanation would
be complete without an acknowledge
ment of the significant budget short
falls created by the DA’s office due to
hiring unbudgeted and unapproved
personnel, giving unbudgeted and
unapproved raises to existing em
ployees, and other possible and cur
rently unknown financial actions of
the DA’s office.”
The letter also demanded full and
complete payment of all the outstand
ing money.
After no response came from Con
ner, Watkins sent a second letter to
him dated Oct. 8 once again demand
ing full payment of the amount owed
as well as an audit.
The letter states: “Glynn County
reiterates its demand to examine and
audit the District Attorney’s accounts
related to “the care, management,
keeping, collection, or disbursement
of money belonging to the county or
appropriated for its use and benefit
and the settling of the same.
“We request that the District At
torney’s Office provide a specific date
and time for Glynn County to access
and review these records. We antici
pate full cooperation from your cli
ent in facilitating this examination,
and we emphasize that any attempt
to hinder or delay this audit will be
regarded as a serious breach of the
county’s statutory rights.
“The continued failure to remit
payment for this substantial amount
is unacceptable. Glynn County ex
pects immediate action to resolve
this outstanding debt and will take
all necessary steps to enforce its right
to full and prompt repayment.”
As of Friday, Oct. 11, the DA’s of
fice has not responded.
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