FRANKLIN COUNTY REPUBLICAN PARTY
101 WEST NASH STREET
P.O. BOX 909
LOUISBURG, NORTH CAROLINA 27549
(919) 496-1469
www.FranklinNCGOP.com

March 13, 2006

BREAKING NEWS

Commissioners Take No Action on Rudd Restitution Payments
Vote: 5-2
Foy: 'It gives a bad slogan: crime does pay.'



Left to right: Attorney Darnell Batton, Republican Commissioner Harry Foy, Democrats Raymond Stone, Lynwood Buffaloe, Sid Dunston, county manager Chris Coudriet, Democrats Robert Lee Swanson (not pictured), Jimmie Gupton and Republican Don Lancaster.
 

By a vote of 5 to 2, the commissioners did not take any action on former tax collector Donnie Rudd making restitution payments for fees he collected from 5,940 people at the March 13 meeting.

Republican commissioners Harry Foy and Don Lancaster voted against tabling a motion made by Foy and an amendment made by Lancaster. Foy made a motion to refund what Rudd has paid to the county -approximately $2,938 so far- and refund it to those who were each charged a $50 fee.

When Lancaster made a second on Foy's motion, more discussion occurred, so Lancaster amended the motion to divide up the amount collected once a "bottom line" was known on how much could be collected from Rudd.

Democrat Commissioner Lynwood Buffaloe seconded Lancaster's amendment, but Democrat Raymond Stone said the county would not know how much money would be collected.

"We can't put a price tag on fairness," said Stone. He said it would be an administrative nightmare dealing with the "unknowns" and asked if it was wise for the board to proceed.

Democrat Commissioner Jimmie Gupton seconded Stone's motion to table any action. Because tabling a motion or an amendment takes precedent, no vote was taken on Foy's motion and Lancaster's amendment.


Pictured: Bob Winters: County was "duped by Mr. Rudd."

Earlier in the meeting Republican candidate for commissioner, Bob Winters, urged support for Foy's motion on Rudd's restitution payments. Winters said the county was "duped by Mr. Rudd."

During discussion Foy asked why Rudd was only ordered to pay one-fifth of the $295,000 he collected in fees. The amount Rudd was ordered to pay by the courts was $60,000.

"It gives a bad slogan: crime does pay," said Foy.

However, county attorney Darnell Batton said Rudd did not take the money from the county but from the taxpayers. If $60,000 was collected from Rudd, Batton said, the amount would be $11.60 per person. Right now, if the money was distributed it would be 49 cents each.

Stone argued that the "money belongs to Franklin County."

Batton said it was wrong for Rudd to collect the fees and said: "Mr. Rudd personally benefitted."

But Lancaster said the court ordered Rudd to pay the resitution.

"What do we need to do?" Lancaster asked about getting the money from Rudd.

Some of the money owed to the 5,940 people might be repetitive Batton said. Stone suggested that a judge could get authority to increase payments to the county. But after five years of probation a court has no jurisdiction to force Rudd to make the payments, said Batton.  Rudd is on probation from Dec. 3, 2001 until Dec. 3, 2006 but the court could add three more years.

Dunston said he would ask the county staff to investigate the Rudd matter and get the facts and present them at another meeting.

After the meeting, Arlene deJong suggested that the county issue a $50 voucher for each person owed a refund. But Dunston said that he wants to verify the names of the people who are owed the refunds before any amount is distributed.

Some Republicans who were present at the meeting were Terry Allen, candidate for sheriff, Bob Winters, candidate for commissioner, Dave Harker, candidate for House, Board of Elections member Astor Bowden, Harvey Satterwhite, and Don and Arlene deJong.