Published: May 16, 2008 10:15 pm            

Pinehurst cleared of all misappropriation allegations

By Debby Schamber

The Orange Leader



PINEHURST - City officials in this Orange County town have been cleared of all allegations concerning misappropriation of funds by Orange County District Attorney John Kimbrough.

“We are very pleased with the independent investigation conducted by the DA’s office,” said Dan Robertson, city administrator and police chief. “Specifically that it exonerated the former city secretary, Joyce Wilkinson, of any wrong doing. Additionally the city was cleared of any misappropriation of funds or any improper conduct or illegal activity.”

Wilkinson was accused of mishandling more than $30,000 of taxpayer’s money following an investigation by the Combined Law Enforcement Association of Texas earlier this year.

Chris McGill, CLEAT president, told The Leader in a previous interview that he began investigating the city’s financial practices while assisting in contract negotiations between Pinehurst officials and the city’s police department.

During the course of his investigation, McGill said he found evidence that Wilkinson paid the widow of the former city administrator, C.R. Nash, sick leave which he was not owed. She was also accused of falsifying Nash’s time sheets to collaborate his accrued sick time with the payment.

Robertson said Friday he specifically requested the investigation to be conducted by the county attorney’s office so there would be no claim of impropriety and the truth would be brought forward to the community.

“Myself, the city staff, the mayor and city council purposely made no public comment during the past several weeks and will let the content of Mr. Kimbrough’s letter stand as our response,” Robertson said.

The letter sent from Kimbrough to Robertson states, “The allegations that were made were very general in nature and did not allege or identify any specific criminal violations. In fact, most of the complaints involved city policy or procedure and an expression of general dissatisfaction with the city administration.”

The letter further stated it is the objective of the district attorney’s office to determine whether a criminal offense has been committed and whether sufficient evidence exists that warrants bringing charges against a specific individual. It is not the role of the district attorney’s office to determine whether city policies or other standards may have been violated.

Investigators with the district attorney’s office began their investigation by obtaining sworn affidavits from several current and former Pinehurst employees and officials. In addition, other witnesses were interviewed and documentary evidence related to the expenditures in question were examined. After a thorough review, Kimbrough said they could not find any violation of criminal law.

“Specifically and contrary to the very strong public accusations of misconduct against former city secretary Joyce Wilkinson, we could find no evidence against her that could even remotely be considered criminal. The expenditures in question were not made in a deceptive or clandestine manner. All actions regarding the expenditures were presented to the city council for their approval and review,” Kimbrough said.

The letter also stated issues such as employment compensation, sick leave, vacation time and other employment related issues are under the control of the city council. The council establishes the policies and procedures and decides whether or not variations to the policies will be allowed.

Kimbrough concluded his letter by stating, “the expenditure of public funds is an important function performed by elected officials entrusted with the responsibility to manage the taxpayer’s money. In evaluating this situation, it is apparent the city may benefit from a review and possible reformation of the current policies and practices governing expenditures of this nature. The council should be completely satisfied that their will is being carried out on each and every expenditure made by the city.”

“I am glad this is behind us and I’m looking forward to working with the city officials and council to make Pinehurst a better place for citizens,” said Mayor-elect T.W. Permenter.



Reach this reporter at 409-883-3571, Ext. 2613, or dschamber@orangeleader.com

        

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