A move by Smithville Mayor Jimmy Poss to put his son Tony Poss on the city payroll last fall without the approval of the aldermen has resulted in a Grand Jury Indictment against both of them.

During the first day of the new term Monday, the DeKalb County Grand Jury returned a sealed indictment against Mayor Poss for Official Misconduct and Theft of Property over $2,500. His son, Tony Poss was also named in the sealed indictment for Theft of Property over $2,500.

They were served with the indictments Tuesday morning. Mayor Poss is under a $5,000 bond. Tony Poss’ bond is $2,500. Both will be arraigned in DeKalb County Criminal Court August 6.

The first count of the indictment alleges that “between the dates of September 1, 2017 and March 2, 2018 Jimmy Wayne Poss did unlawfully and knowingly, while acting as a public servant, commit an offense with intent to obtain a benefit by authorizing the unlawful payment of wages to Anthony Wayne Poss in violation of (state law).”

The second count of the indictment alleges that “between the dates of September 1, 2017 and March 2, 2018 Jimmy Wayne Poss and Anthony Wayne Poss did unlawfully and knowingly obtain or exercise control over property, including but not limited to: cash valued at over $2,500, belonging to the City of Smithville with the intent to deprive the owner thereof and without the owner’s effective consent, in violation of (state law)”.

The cases were presented to the grand jury by the Tennessee Bureau of Investigation who began a probe after the issue surfaced in March.

Last September, Tony Poss was put on the city payroll to work at the golf course and swimming pool but the aldermen said Mayor Poss violated the city’s hiring and nepotism policies in hiring Tony without their approval.

City records show that from September 1, 2017 to March 2, 2018 Tony earned $300 per week (gross) for a total of $8,100. When the issue came to light on March 5, Tony’s employment with the city ended.

Although Tony was supposedly hired to mow the grass at the golf course, Mayor Poss admitted at the March 5 city council meeting that he (Tony) actually did other things.

“We had a problem and what he (Tony) has done, he has taken care of that golf course with what Riverwatch wasn’t doing. He (Tony) has protected us from freezing up. The pool was running low with no water being put in it. It wasn’t being maintained by the city and that wasn’t Ken’s deal (Ken Lacy of Riverwatch). This is what Tony did. He took care of the city’s property. Now it wasn’t mowing. That’s an error there,” explained Mayor Poss.

The aldermen were not satisfied with the mayor’s explanation and questioned whether Tony actually did any work to earn his salary.

Later during a special meeting in March, the aldermen formally censured the mayor for his actions. The move was basically a reprimand or expression of disapproval. The vote was 5-0.

In a separate move the aldermen considered asking the mayor to reimburse the city for the salary paid to Tony during the six month period he was a part time employee but voted 3 to 2 against it. Aldermen Gayla Hendrix and Shawn Jacobs voted in favor but Aldermen Jason Murphy, Josh Miller, and Danny Washer voted no. Had it been approved, the aldermen admitted that a reimbursement request probably could not have been enforced.

Prior to the censure vote, Vice Mayor Jason Murphy, who presided over the meeting in the absence of Mayor Poss, recognized City Attorney Vester Parsley who read a prepared statement from the mayor explaining his actions in putting Tony to work at the golf course and swimming pool during the fall and winter.

“My hiring of my son to maintain the pool and equipment at the golf course has become an issue because of our charter and city ordinances. I want the council and the public to understand that my only goal was to safeguard and maintain the equipment located at the golf course. I want to assure you that it wasn’t a waste of the city’s funds because the equipment must be maintained and my son was the most logical choice. In hindsight, his hiring without council approving may have been a mistake. I have, however, hired other part time employees without the approval of the council in the past and at the time felt it was not necessary to seek the council’s approval,” wrote Mayor Poss.

Tony Poss had a ten year lease of the city’s golf course and swimming pool but he surrendered his lease of the facilities in August, 2017. The following month, the city entered into a one year contract with Riverwatch Golf & Resort to upgrade and maintain the golf course at a cost to the city of $74,115. It was also in September that Tony Poss became a part time city employee.

“We hired Riverwatch to repair and maintain the golf course at a substantial amount of money. Tony Poss had terminated his lease with the city. I don’t think his services were needed and we have no proof that anything had actually been done (by Tony) to earn the money that was paid out,” said Alderman Hendrix prior to the censure vote in March.

Twenty four people were indicted by the DeKalb County Grand Jury Monday including four named in sealed indictments.

Arraignment day is Monday, August 6.

The names of the defendants and their charges are as follows:

Samer Walid Abdalla- Possession with intent to sell/deliver a schedule II drug (Fentanyl), unlawful possession of a weapon, assault (2 counts), and aggravated assault

Melody Ann Bandy- Theft over $10,000

John William Cline- Theft over $2,500

Calen Cory Cole- Driving on a suspended license and failure to maintain lane of traffic

Michael Brandon Colwell- Introduction of a controlled substance into a penal institution (2 counts), DUI, driving on a revoked license, evading arrest, theft over $2,500, and DUI per se

Terry Wayne Knowles- Driving on a revoked license (7th offense)

Amy Jeanette Lawson- Introduction of contraband (2 counts)

James David Linder- Driving on a revoked license

Crystal Lachelle (Thompson) Murphy- Driving on a suspended license and violation of financial responsibility

Melissa Faye Murphy and Michaela Lynn Murphy- Theft over $1,000

Michael Alex Ponder- Possession with intent to sell/deliver over 0.5 grams of Methamphetamine, possession of a handgun while under the influence, DUI, violation of the implied consent law, and simple possession of a schedule III drug

William Sterling Popejoy, Jr.- Driving under the influence (2nd offense)

Christopher Allen Scruggs- Possession with intent to sell/deliver a schedule II drug (Methamphetamine) over 0.5 grams, possession with intent to sell/deliver a schedule IV drug (Clonazepam), possession of drug paraphernalia, and possession of a prohibited weapon

Julian Guerrero Soto- Driving on a revoked license (2nd offense), violation of financial responsibility, and violation of the stop sign law

Jason Douglas Stembridge- Theft under $1,000

Brian Alan Young- Driving on a revoked license (3rd offense)

Andrew Payton West- Assault

Jason Lee Whitefield- Driving under the influence

James Dean Wolfe-Aggravated assault (2 counts), reckless endangerment, evading arrest, speeding, and driving on a revoked license (4th offense)

The Board of Education may be faced with a decision on whether to go through with a plan to give local pay raises or bonuses to teachers and support staff.

During Monday night’s monthly meeting, the County Commission approved the new school budget for 2018-19 but took no action on the Board of Education’s request for the county to allocate a larger share of local option sales tax money for schools to fund the raises.

Concerned that the school system might run over budget this year, the Board of Education voted earlier this month to make this request of the County Commission. School board members said at the time that if the County Commission did not grant the request, they might have to opt for giving bonuses instead of raises.

Under the proposed school budget, all certified personnel including teachers would be given a $600 local pay raise in addition to the $600 increase they are getting from the state for a total of $1,200. Support staff would also get a local $600 pay hike.

The school board initially wanted to give teachers and other certified personnel a $2,400 local pay raise along with the $600 state increase and $1,500 for support staff but the budget committee of the county commission rejected it on May 31 along with other extra spending proposals included in the original school budget for 2018-19.

Last month, the budget committee accepted the school board’s scaled down proposal but with the understanding that there would be no local tax increase to pay for it and that any overspending would have to be covered by cash reserves from the school system’s $6.1 million fund balance.

Director of Schools Patrick Cripps said the proposed pay raises would be an additional cost to the school system of from $300,000 to $400,000 per year. However the system will be saving about $200,000 this year by not filling four vacant teaching positions at the schools.

The county generates almost $2.5 million each year in local option sales tax funds for schools (referred to as sinking fund). Of that, the county transfers $1,540,000 each year for the operation of schools along with $800,000 to $900,00 for school debt service obligations. The so-called sinking fund replenishes each year from local option sales tax collections in the county and four cities. The fund was set up decades ago by the county and intended to help fund school construction and other school capital outlay projects.

During Monday night’s County Commission meeting, County Mayor Tim Stribling explained that nearly all the money allocated to the school system from the local purpose fund (local option sales taxes) is spent each year for schools.

“If you look at 2017 and these are audited figures, we budgeted $2,500,000 (sales tax money for schools). We actually collected $2,653,000. We give to schools $1,540,000 from that fund every year to operate on in the general fund and then we pay from $800,000 to $900,000 every year toward school debt. Last year it was $829,853. We also had to pay the Trustee’s commission of $26,360. That put our expenditures from that fund at $2,396,213. That left us with $257,173 more than we spent. As of June 30 this year, we ended the local purpose fund in the black by $358,784 which put that fund balance at $1,968,932,” said County Mayor Stribling.

One problem with allocating more funding is that the sales tax collections fluctuate each year.

“We ended 2017 in the black at $257,173 (local purpose fund for schools) but in 2015 we gained only $3,909 so everything we budget for schools from that fund is pretty much spent each year. And if we have a recession and the sales tax revenue doesn’t come in as much then we could have to go into the fund balance to offset that,” added Stribling.

“At this time don’t they (school system) have six million dollars of their own money that they have not spent that they have collected from us,” asked Sixth District Commissioner Betty Atnip?

“They (school system) finished 2017 with a fund balance of $6.1 million,” answered County Mayor Stribling.

“So they have their own money,” added Atnip.

While the school system ended the year 2014 in the red by $253,836, it was back in the black by $144,159 at the close of the 2015 budget year; by $153,335 in 2016; and by $1,052,912 in 2017 putting the fund balance or cash reserves for schools at $6.1 million. The school budget is projected to close out the 2018 year in the red by $886,937 but actual numbers are not yet known.