Webster County supervisors are in the process of trying to recoup the salary paid former sheriff Tim Mitchell while he was under indictment.
Mitchell pleaded guilty June 12 to two counts of embezzlement (of four firearms) by a public official and two counts of trafficking in stolen firearms. A judge ordered him to resign immediately and will sentence him July 30.
Andy McCants served as sheriff pro tempore from January until the Board of Supervisors appointed him sheriff last week. In addition to paying McCants’ salary as sheriff, the county also had to pay Mitchell’s salary during that time because he rescinded his previously announced resignation and could not be removed from office until convicted of a felony.
The circuit judges who appointed McCants acting sheriff did say the county could sue a bond company upon Mitchell’s conviction to recoup his pay while he was not earning his salary. The total amount in payroll expenses the county incurred for his salary and benefits while he was not actually carrying out the duties of his office was $45,161, according to the chancery clerk’s office.
Supervisors authorized board attorney Buchanan Meek Jr. on June 17 to proceed immediately to find counsel to represent the county in regard to recovering against the sheriff’s bond for the salary paid to the ex-sheriff while McCants was also being paid.
The board discussed the matter further during a recessed meeting Friday but was unable to take any official action at that time. Supervisors recessed until Monday, when they met in executive session about 10 minutes to discuss potential litigation.
Afterwards, the board voted to hire Young Law Group to represent Webster County in a suit to recover on the ex-sheriff’s surety bond for double payment of his salary and related costs, and authorized the board president to sign an engagement letter on behalf of the county.
However, Meek informed the Progress-Times later Monday he had since learned Young Law Group has a conflict of interest and therefore will be unable to represent the county in its claim. He said the law firm also represents CNA, the parent company of Western Surety Co, which wrote Mitchell’s surety bond.
Although the board has another recessed meeting Friday, Meek said no additional action regarding the matter is expected until next Monday’s first monthly meeting.
Surety bonds
A public official or surety bond provides a financial guarantee against loss that the official duties of an office will be faithfully performed according to the law during a specific term of a specified office.
Should a public official fail to meet their obligations of their job duties and a loss ensues, the public official responsible has the obligation to pay back the public for any loss, regardless of how the loss occurred, according to online information.
The bond guarantees that, should the public official be unable to financially meet their obligations from the loss, it will pay in their place up to the face value of the bond, which was $100,000 in Mitchell’s case.
Industrial access
road funding
During a recessed meeting June 17, Lora Bowman, director of The Enterprise, updated the Board of Supervisors about the planned access road project at Eupora’s West Industrial Park. She said environmental studies are underway.
The city has been appropriated $100,000 in bond funds from the state to build a roadbed off Industrial Park Boulevard, which will give an industrial site direct access from U.S. 82. Bowman said it will take $250,000 to completely build the road, based upon engineering figures.
The city has pledged $15,000 as a local match and she asked supervisors to consider budgeting matching funds also. City and county engineers have determined that a match is beyond the scope of in-kind services, according to Bowman.
“We’re getting to the point where it’s going to take (matching) cash to move forward,” she told the board. The deadline to leverage and match the state funds, including from grant programs, is 36 months.
Bowman said people are looking in the area for industrial sites, adding, “We’ve got to have product, whether it’s building or land.”
Other Business
Also on June 17, the board adopted a resolution authorizing the Golden Triangle Planning and Development District to prepare a USDA Rural Development grant application on behalf of the county for new Sheriff’s Department vehicles. The board set a related public hearing for 8:30 a.m. July 15 .
Supervisors also instructed the chancery clerk to advertise for the vacant position of deputy Justice Court clerk. Applications will be accepted until 8:30 a.m. July 1.
In previously unreported business from May 31, the board accepted a quote of 2.75% from the Bank of Kilmichael to provide financing for two new Dodge Durangos purchased for the Sheriff’s Department at a cost of $66,130. The quote was the lower of two received.
The board also voted that day to pay a $20,300 invoice from Netcomm for installation of data cabling in the new courthouse. The minutes state the work was done but no requisition was ever submitted.
