WALTHALL — The insurance company that wrote former Sheriff Tim Mitchell’s surety bond has agreed to repay Webster County the salary he received while under indictment.
Mitchell is serving a 15-year sentence after pleading guilty June 12 to two counts of embezzlement (of four firearms) by a public official and two counts of trafficking in stolen firearms.
Circuit Judge Joey Loper ordered him to resign immediately. Andy McCants served as sheriff pro tempore from January until the Board of Supervisors appointed him sheriff June 17. In addition to paying McCants’ salary as acting sheriff during those 5½ months, the county had to pay Mitchell’s salary. This was because he rescinded his previously announced resignation and could not be removed from office until convicted of a felony. He remained on house arrest while out on bond.
On July 1, the Board of Supervisors hired Lamar & Hannaford law firm of Senatobia to represent the county in a suit to recover on the ex-sheriff’s surety bond for double payment of his salary and related costs. Western Surety Co. wrote Mitchell’s surety bond, which 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.
The board received an update on Webster County vs. Western Surety during an Oct. 21 recessed meeting. Chancery Clerk Russ Turner presented the board a printout of an Oct. 15 email from attorney Trey Lamar to board attorney Buchanan Meek Jr.
Lamar had attached a copy of a “Release and Assignment” noting that Webster County had filed a claim with Western Surety against Mitchell. The agreement states Webster County will release the company from any liability on Mitchell’s bond arising out of the claim for payment of $45,161.46 to the county. The agreement also gives Western Surety the right to sue Mitchell “in its own name and stead to the extent of the payment.”
Supervisors authorized board President Pat Cummings to sign the form and he did so that morning. Lamar said that, after receiving the signed agreement, he would present it to the insurance company and request a check.
Turner said the figure cited in the agreement represents the total amount in payroll expenses the county incurred for Mitchell’s salary and benefits while he was not actually carrying out the duties of his office.
Fire District
Map Adopted
Also last week, the board adopted an order approving county fire protection districts with changes that were requested for Mathiston’s district.
Toby Sanford, geographical information systems manager with the Golden Triangle Planning and Development District, prepared and presented the map to the board. He said the fire districts will not actually be legal until the meeting minutes are adopted in November.
This came after the board instructed Fire Coordinator Barry Rushing and Sanford in mid-September to begin taking steps to implement rated fire districts and improve fire coverage access in Webster County.
“If you adopt them, the (fire insurance) rating (in non-incorporated areas) will go to a 9 from 10,” Sanford told the board before it voted. He said this would result in a 10% decrease in homeowner’s insurance —for structures shown to be within 5 miles of a fire station
The board also instructed Rushing to plot the locations of all fire hydrants in the county. Sanford said having this along with legal descriptions of their locations would help fire districts achieve a Class 8 rating faster.
Digital Mapping
Sanford, Tax Assessor-Collector Barbara Gore and property appraiser Mike Sanders also met with the board about digital tax parcel mapping. Sanford offered to redraw all of the county’s tax parcels digitally through a contract with GTPDD.
“It will be better on you in the long run,” he told the board. “It’s something that needs to be done.”
Gore and Sanders agreed that the county should move toward digital mapping. After further discussion, Sanford agreed to prepare a proposal and contract. The board tabled renewal of a four-year contract with Sanders for real and personal property maintenance pending review by the board attorney.
Also on Oct. 21, the board voted to hire Shay Holmes as a part-time jailer/dispatcher and give Turner authority to apply for a grant from the North Mississippi EMS Authority. The board meets again at 8:30 a.m. Thursday and Monday.
