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PAGE 2A —THE MADISON COUNTY (GA) JOURNAL THURSDAY. AUGUST 6. 2009
BOA members hold final meeting
By Zach Mitcham
zach@mainstreetnews.com
Madison County assessors met
to discuss legal fees last Thursday
in what turned out to be their final
gathering at the county meeting
table.
Three of the four BOA members,
who waged a nearly four-month
fight against their termination
by the board of commissioners,
attended the meeting. Samantha
Garland was the only member not
present.
Chairman David Ragland
opened the discussion of legal fees
Thursday, momentarily stepping
down as BOA chairman to offer
a report as a member of the asses
sors’ legal committee. He moved
to Garland’s seat to deliver the
legal committee report, then moved
back to his seat after the report and
became BOA chairman again.
According to county records, the
BOA has accmed $6,577 in legal
fees in fighting the BOC’s termi
nation. The three bills — $1,737,
$1,632 and $3,207 — were for the
services of attorney Rob Leverett,
who defended the BOA at the July
8 hearing before Judge John Bailey,
who issued a recommendation this
week supporting the BOC’s termi
nation of the assessors.
But Thursday's meeting includ
ed no discussion of Leverett’s
fees. Instead, the group discussed
two bills from local attorney Lane
Fitzpatrick to Ragland, for $515,
and Larry Stewart, $585 — which
Stewart has paid. The two mem
bers of the BOA legal commit
tee met with Fitzpatrick in April
for possible representation for the
BOA. But the assessors chose to
have Leverett represent them in the
tennination fight.
The BOA agreed to formally
submit a request to the county
commissioners to cover those bills
from Fitzpatrick.
County attorney Mike Pruett said
the county will not cover the bills.
“The county will not and cannot
cover those bills,” said Pruett. “...
The bills at issue are for services
rendered through April 9,2009. No
request for legal representation was
even made to the board until April
13. That request was for repre
sentation by Rob Leverett, and it
was approved. Therefore, no reim
bursement can or will be made for
the bills from Mr. Fitzpatrick.”
BOA ..cont’dfrom 1A
is a “good and wise course of
action.”
Madison County commissioners
scheduled a meeting for Thursday
at 4 p.m. to officially approve the
termination of the four BOA mem
bers. The meeting agenda includes
“establishing the membership and
terms" of the BOA and “consid
er appointments” to the assessor
board.
BOC chairman Anthony Dove
said the commissioners plan to
make the BOA a three-member,
rather than a five-member board.
“We just want to change the direc
tion of how things have gone and
we’ve looked around and a lot of
other counties have three-member
boards,” he said.
Dove said he hasn’t relished the
removal of the BOA members, add
ing that he holds no ill will toward
those fired from the board.
“It’s something I didn't want to
have to do, but it’s something we
(the BOC) felt we had to do to set
a new direction,” said Dove. “We're
going to get this (tax assessment
problems) fixed."
Dove said the BOC will seek
outside help on establishing sound
tax assessment practices in Madison
County. He noted that he has spoken
with a consultant for the Association
County Commissioners of Georgia.
Bailey also suggested in his recom
mendations that the board work with
long-time Athens-Clarke County
chief appraiser George Hanson to
establish healthy assessment prac
tices.
Larry Stewart, who spoke for
the entire board at the July hearing
before Judge Bailey, said Tuesday
that he is disappointed with the
judge’s recommendation, add
ing that the issue goes deeper than
Madison County’s conflicts.
“I have done absolutely the best
job I know how and I’m extremely
disappointed," said Stewart. "But
I think it's a sad day, not only for
this board of assessors, but for
every board of assessors in Georgia.
Because from now on, no board will
be safe from governing authority
abuse."
David Ragland echoed Stewart's
sentiments, asserting that the judge’s
recommendation will have a ripple
effect across the state, leaving asses
sors unprotected against commis
sioners.
“Obviously, I disagree with the
findings of the judge," said Ragland.
“... I believe this is a grave injustice
done to the other 158 counties ...
Over time, this ruling will change
the precedent of the how things are
done throughout Georgia."
He added that he felt the county
will suffer because of the BOC’s
action against the assessors.
“I feel the taxpayers of Madison
County will see a great difference
in their fair market values, perhaps
even a rise in taxes overall," he said.
Ragland said he couldn’t say
whether the BOA would accept the
judge's recommendation.
“It's awfully early and I don't
think we’ve had a chance to lay
it on the table; we’ll need more
procrastination and discussion," said
Ragland. 'To say 'yes' or 'no' (on
whether the BOA will continue to
fight) would be an injustice to the
entire process."
Contacted about the judge's rec
ommendation, Jim Escoe said he
had a lot he wanted to say, but he
declined to comment for this story.
Samantha Garland said she har
bors no ill will toward the BOC.
“They did what they thought they
had to do,” said Garland. "I put a lot
of time, energy and effort into this
job for quite a few years and this
is how it ended. But I'm not upset
or angry.”
Garland said that anyone over
seeing property assessments as an
assessor board member is taking on
a service that requires considerable
training and a thick skin, with few
thank-yous in return.
“I hope they (the BOC) will find
someone willing to put the time,
energy and effort into a very thank
less job,” said Garland.
The BOC cited four main rea
sons for dismissing the assessors.
They said the BOA members failed
to submit tax digests by deadline,
that they failed to secure a chief
appraiser, that there has been con
stant turmoil among BOA mem
bers and that a 2008 Department of
Revenue audit revealed numerous
assessment problems.
Bailey backed up each BOC
point in his recommendation.
‘The BOA essentially presented
a single line of response to all
charges, to wit, that their less-than-
complete control over personnel
is the cause of all their problems,"
wrote Bailey. "The Court finds this
explanation difficult to accept.”
Bailey said the BOA’s failure to
control the chief appraiser’s post
did not relieve assessors from their
responsibility of filing a timely
digest. He added that the BOA
showed an inability to act in a
timely manner on nominating
someone for the chief appraiser's
post.
“While the BOA may have
resented their lack of termination
power, and while this may have
been a factor in the increasingly
sour nature of their relationship
with the former chief appraiser,
the Court finds it a stretch to lay
all blame for the BOA’s repeated
failures to submit timely digests on
this doorstep,” wrote the judge.
While BOA members said the
BOC’s interference in assessment
matters drove away potential chief
appraiser candidates, the judge
said the assessors’ actions were a
real deterrent.
“A BOA that has exhibited a
tendency to micromanage its chief,
as this one so clearly has, is just as
off-putting to potential candidates
as is the specter of BOC control,"
wrote the judge.
Bailey said the “Court has grave
concerns regarding the ability
of these BOA members to work
with" new chief appraiser Robin
Baker, whom they did not recom
mend for the position.
"... (T)he Court finds it obvi
ous that leaving these particular
BOA members in place, after they
have already displayed such bit
ter relationships with one another
and such strong tendencies to
over-direct their professional staff,
would almost certainly make
things worse rather than better,"
wrote Bailey.
Madison County Republicans to meet Aug. 15
Madison County Republicans will meet
Saturday, Aug. 15, 8:30 a.m. at the Madison
County Library, All Madison County registered
voters are welcome to attend.
Doors will open at 8:15 a.m. with breakfast
served before meeting. The guest speaker for
this meeting will be Senator Eric Johnson, (R)
candidate for Governor. This will be the fourth
gubernatorial candidate the party has brought to
Madison County.
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Dr. Carter is a native of Barrow County and is
excited to return to Northeast Georgia. When not
practicing pediatric medicine, she and husband,
Jonathan, can be found outdoors hiking and
backpacking, or spending time with family. She
enjoys cooking, quilting, and music.
BOC ..cont’dfrom 1A
viously un-enforced 240-hour limit
on accumulated leave time. The
board discussed the fact that many
employees have accumulated well
over the limit, some as much as
400 hours or more. They agreed
that leave time should be moni
tored more stringently in the future
and to encourage employees to
take the time off over the next few
years to get the accumulated time
down.
“There must be some that have
never taken a vacation," Dove
said.
Auditors have told the BOC that
accmed time is a county liabil
ity, now totaling approximately
$85,000. Auditors also expressed
concern over leaving the accmed
time until employees retire, as the
board has previously discussed,
saying that could bind future
administrations.
A requirement that mandates
employees compensate the county
for county-paid training if they
leave within two years is not a part
of the new personnel policy.
County attorney Mike Pruett
suggested that instead of placing
such a requirement in the person
nel policy, the board ask constitu
tional officers such as the sheriff
to apply the requirement internally
since it also affects them adversely
to lose newly-trained employees.
Pruett pointed out that the county
personnel policy does not apply to
constitutional officers unless they
choose for it to apply anyway.
“We need to discuss it with
(them), since it will benefit them as
much as anybody,” commissioner
Stanley Thomas said.
(The requirement mandated
that an employee who completes
training at the county’s expense
but leaves the job within a year
is required to pay back all train
ing expenses. If the person leaves
within two years, he or she is
required to pay back 50 percent of
the expense.)
In another matter, commission
ers agreed to accept Chastain and
Associates Insurance proposal for
2009-10, which renews this fall.
The insurance premium includes
a 1.4-percent rate increase for the
year, bringing the county’s year
ly premium from $176,000 to
$185,000.
Insurance representative Dan
Home pointed out that three new
ambulances purchased last fall and
valued at $395,000, were added
to the new premium and that a
real estate study found that the old
courthouse, which has underwent
extensive renovations, was under
insured at $700,000. Coverage
on the historic structure was
increased to just over $2 million.
An overall three-percent increase
was also applied to other coun
ty-owned buildings, Home said.
Overall deductibles have also been
reduced.
In other business, chairman
Dove told commissioners that
the DOT maps for the proposed
changes for Hwy. 29 (including
alternate routes) will be on display
in the county complex beginning
this week, along with comment
forms for citizens to fill out for
submission to the state.
The board again took no action
on moving human resources direc
tor Donna Sisk from hourly to
salary, agreeing to consider the
matter again for next year. County
attorney Mike Pruett advised the
board that it should first look at
all county employees, salaried and
hourly, to determine whether they
should be exempt or non-exempt
from overtime pay.
The board voted to allow road
department employee Ken Martin
to move from a mowing crew II
position to a sign tech/maintenance
detail position at the same pay rate
to fill the position of someone who
is retiring.
Dove asked commissioners to
submit a list of roads from each of
their districts that they would like
to see paved. “This will at least give
citizens some indication that we’re
looking at the roads,” Dove said.
The board discussed creating a
daytime noise ordinance that the
sheriff’s office can enforce, since
the current ordinance only address
es a cut-off time for noise.
The commission agreed to allow
Dove to sign a Daughters of the
American Revolution (DAR) res
olution proclaiming Sept. 17-23
"Constitution Week."
A proposed Group Adoption
Agreement with ACCG for inmate
medical was postponed until the
Aug. 31 business meeting.
Hwy. 29 ..cont’dfrom 1A
factor into the Hwy. 29 project
either, McMurry said. Those dol
lars go toward projects designated
as “shovel-ready” by March 2010.
McMurry said the point of last
Thurday’s open house was to col
lect citizen input over the different
routes to help formulate a plan.
“It gives us some idea of where
you start design," McMurry said.
Lane and Rita Collins, who live
near the Golden Pantry on Fortson
Store Road, didn't have any spe
cific problems with the maps but
don't expect a revamped Hwy. 29
anytime soon.
“I think it will be a good many
years before it comes,” Lane
Collins said.
But Collins did wonder what
economic effect this would have
on Danielsville if it ever did. Three
bypass options route traffic away
from the city’s businesses.
"I wondered about bypassing a
small town like Danielsville, what
effect it might have on businesses,”
Collins said. “If I was a small busi
ness owner, I might be upset.”
Others wondered if Hwy. 29
traffic warranted a bypass around
Danielsville at all.
Chandler noted that Madison
County Middle School has moved
out of Danielsville, which might
have eased some traffic conges
tion.
She also questioned the rationale
of such a project given the eco
nomic climate.
"You wonder if there’s going to
be the growth to sustain the need,”
Chandler said.
But for now, property owners are
in wait-and-see mode.
Roger Jordan, who lives on Hwy.
29 in Dogsboro, said one proposed
route would take part of his right
of way. But he remembered talk of
widening Hwy. 29 and bypassing
Danielsville a decade ago when he
first moved to his property.
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nothing has happened,” he said.
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