Phillips' suit paid by county taxpayers
Taxes going up, up and away
by MCL staff writer

It looks like the taxpayers will be footing the bill for the legal suit filed with Bobby E. Richardson Sr. against Frankie C. Phillips. The suit alleges she made money on a property deal with Miller County when she was the Miller County Commissioners' chairperson.

A civil suit was filed by attorney William Douglas Hall in Miller County Superior Court on June 29, 2007, and recently answered by Ms. Phillips' attorneys O'Quinn & Cronin, LLC threatening to countersue Mr. Richardson if he does not drop the case.

A closed meeting was held with the Miller County Commissioners in August. Then a telephone survey of the commissioners and another meeting followed, with these actions taken. Quoting from the minutes: "A motion was made by Commissioner Jinks, seconded by Commissioner Small, to pay attorney fees in the amount of $2,521.50 to Michael O'Quinn who is representing Commissioner Phillips in a lawsuit concerning the lease purchase of the property now called the Courthouse Annex at 179 South Cuthbert Street. This lawsuit filed by Plaintiff Bobby Richardson contests the legality of this lease made in October of 2000, therefore putting this property at risk. The majority of the Board feels that it should protect the property by making sure the lawsuit is filed timely and all facts are accurate. If Plaintiff Bobby Richardson feels it necessary to continue with the suit after the answer was filed and him put on notice of defendants rights to countersuit it would be at the cost of the Defendant Frankie Phillips and if the Court see fit to find in favor of the Defendant, that attorney fees paid by the County would be reimbursed by the Plaintiff, Bobby Richardson."

On August 10, 2007, the following letter was sent to the county commissioners by Miller County Board of Commissioner attorney, Jesse G. Bowles III of Cuthbert

Ms. Barbie Womble, Chairman
and County Commissioners
179 South Cuthbert Street
Colquitt, GA 39837

Re: Richardson vs. Phillips

Dear Barbie and Commissioners:

Several weeks ago, a question was presented to me as to whether or not the County could pay the legal expenses of Commissioner Phillips for the above named lawsuit that was recently filed. I have advised that I thought it was a personal issue rather than an official act and, thus, was not a proper expense to be paid by the County. As you know, the county's insurance carrier turned down the defense of this matter for similar reasons and we may be opening ourselves up for additional criticism and legal action, if the County undertakes this expense. Therefore, I renew my advice that, unfortunately, this would have to be an expense of Commissioner Phillips, individually. Sincerely yours,

Jesse G. Bowles, III

Against the recommendations of the County Attorney and the County's Insurance Carrier, commissioners Barbie Womble, Clyde Jinks Jr. and Howard Small agreed to pay out of county BOC funds $2,521,50 to O'Quinn & Cronin,LLC of McDonough for Richardson vs. Miller County for legal fees.

Commissioner Phillips abstained from voting on the matter, and according to Commissioner Allen Worsley, he voted against the motion and second.

Check #17116 in the amount of $2,521.50 was issued and paid by the county for a bill submitted by O'Quinn & Cronin, LLC for legal services for Ms. Phillips.

According to attorneys involved in the case, the county and Union Investment Company, a company owned by Clyde Jinks Jr., were not named a party to the lawsuit. There is now a question of law because Jinks has since that time become a county commissioner. There may be a conflict of interest on commissioners' voting on this suit in favor of the county taxpayers having to pay for a lawsuit against Ms. Phillips individually.

The county commissioners have just put an ad in this edition that there will be a large increase in county taxes over last year. There has been an increase in taxes for the past four years over the previous tax digest with an increase in total county value for the past four out of five tax years. (See Current 2007 tax digest and 5 year history of levy in this edition.) This ad valorem tax increase does not include the 7 percent sales taxes paid in this county.

As one taxpayer stated, "With the drought and lack of leadership in our local governments, this could be the proverbial straw that broke the camel's back with taxes and payment of fees that are not ours to pay."