Thomasville Times Enterprise

October 10, 2006

Meigs’ use of SPLOST questioned

Complaint turned over to district attorney


THOMASVILLE — A longtime Meigs resident is calling for an investigation into the City of Meigs’ financial records, claiming city officials have misappropriated tax dollars and purchased equipment unlawfully.

Andrew W. Wurst said the city has misused funds from a Special Purpose Local Option Sales Tax approved in 2000. He also claims a tractor was purchased with city funds under false pretenses.

“I think what we’re seeing is a pattern of misuse of our SPLOST tax money. This particular group here is using SPLOST as a cash cow that they can dip into when they need resources and funds,” Wurst said. “I am calling for a full investigation, and I’m asking the state to appoint an auditor to come in and look at all the books, all of the finances.

“I’m concerned for the citizens of Meigs who don’t know what’s going on. They’re not getting a fair shake.”

Wurst said he has submitted his complaint to the Meigs Police Department. An officer there confirmed receiving the complaint and that it was sent to the Thomasville office of the Southern Judicial Circuit District Attorney.

Ray Auman, senior diststrict attorney, acknowledged reciept of the complaint.

Wurst, who ran for mayor in 2003 and 2005, recently filed an open records request with the city and obtained several documents that appear to support his claim.

The records, which Wurst submitted to the Times-Enterprise, show several fund transfers from a SPLOST account into the city’s general fund, dating back to 2003.

These records show that on Aug. 22, 2003, the Meigs City Council unanimously approved a $27,000 “loan” from the SPLOST fund into the general fund.

Wurst obtained copies of two checks, dated Sept. 26, 2003, and Oct. 3, 2003, written to the order of “City of Meigs — General Fund” for $10,000 each. The name at the top of both checks is “SPLOST-City of Meigs” and “Loan” is listed in each memo field.

There is another check from the City of Meigs for $20,000, dated Nov. 18, 2003, and listed as “transfer to SPLOST” in the description field on the check. Handwritten notes on the financial statement indicate the $20,000 was to replace money transferred to the general fund. All three checks were signed by Meigs City Clerk Debrah G. Smith.

More recently, Wurst obtained a copy of a check dated Aug. 29, 2005, which pays $30,000 to a City of Meigs account. Again, the money appears to have come from the city’s SPLOST account. Smith’s signature is on the check. Meigs Mayor Harold Cook’s signature is on it, too.

Smith could not be reached for comment. Cook did not return calls or messages left at his home or place of business.

Repeated calls to City of Meigs attorney Bruce Warren also were not returned. Warren is also attorney for the Thomas County Commission.

Meigs City Councilman Levon Gassett said, to his knowledge, SPLOST money has not been used to balance the city’s budget. He said problems with the city well recently forced the city to borrow some money from the fund, but that money will soon be paid back.

“We’ve been having a money crunch. That’s nothing new. All these small communities are,” Gassett said.

Copies of handwritten notes and financial reports Wurst obtained also appear to support his claim that city officials transferred SPLOST money to the general fund.

“What we have here is a complete misuse of the Special Local Option Sales Tax. I think it’s inappropriate,” Wurst said.

Regarding SPLOST funds, Georgia law states that “proceeds shall be kept in a separate account from other funds ... and shall not in any manner be commingled with other funds. (OCGA 48-8-121).”

The law also says that SPLOST money must be used for a specified purpose and cannot be used for salaries, general expenditures or other budget items. Meigs’ allotment from the 2000 SPLOST was designated for paving and street improvements.

Wurst also takes issue with the recent purchase of a Kubota tractor that was purchased in Cook’s name for $12,241 using city funds.

“An individual cannot purchase property in their own name, avoid paying sales tax, then use city funds to make the payments. That’s inappropriate, it’s unethical and basically illegal, regardless of what the intentions are,” Wurst said.

Wurst claims the city council did not have a quorum when the purchase of the tractor was approved. Minutes of a called council meeting Sept. 7, obtained by Wurst, show there was not a quorum present when the meeting was called to order.

The minutes show Cook — who can only vote in the event of a tie — was present, along with council members Annie Doris Lovejoy, Cheryl Kicklighter-Hall and Gassett. Council members Ralph Nixon, D.W. Bell Jr. and June B. Layton were absent.

Without a quorum, the council took action on several items, including the approval of the tractor purchase. The minutes show that Cook, at the end of the meeting, “called Council member D.W. Bell Jr. to get his vote on the above items.”

The law requires council members to be present to vote.