Two Town of Taylorsville employees are on unpaid administrative leave pending the results of an internal investigation according to Town Manager Aaron Wike.
Last Thursday a report from the North Carolina State Auditor’s Office revealed that the town had spent almost $750,000 over a 17-year period for septic and sewer services in violation of the town’s procurement policy. The report also indicated that former Town Manager David Odom was aware the owners of a contracted company, Miller Septic Service were town employees. Odom died suddenly in April.
The town in fact had contracted services with Miller Septic since 1996. State investigators reviewed invoices for the town from July 2019 through January 2023. During that period, Miller Septic Service was paid $309,663 by the town.
On Sunday, attorney Joel Harbinson said in a release he is representing the two employees. The statement in part says:
Last Thursday, the Office of the State Auditor (OSA) released a report on the findings of their nearly one-year long investigation of the Town of Taylorsville. This investigation was initiated by someone obviously associated with the Town of Taylorsville who chose to remain anonymous and whose motives are unknown.
The findings of the OSA were simple and to the point — the Town of Taylorsville violated their own procurement policy by contracting maintenance and emergency repair work with Miller’s Septic Service (MIller’s), a company owned and/or operated by two Town employees, Warren Miller and Darrin Weaver.
“Once the OSA report came out last week, the Town of Taylorsville immediately put all of the blame on Mr. Miller and Mr. Weaver by temporarily suspending them without pay until this Thursday when the Town will decide whether to terminate their employment. These gentlemen have retained my legal services to represent them in this and all matters associated with this conflict with the Town.
In reality, this so-called “dual employment” arrangement was specifically created by the Town seventeen years ago. In 2006, the Town advertised the two positions of Wastewater Treatment Plant Operator and Wastewater Treatment Plant Operator (Back-up) specifically with these two gentlemen — and this arrangement — in mind. This can be shown by virtue of the fact that the Town in its advertisements in the Taylorsville Times were only seeking 32-hour per week employees — with the implicit understanding this arrangement would “free up time” for Mr. Miller and Mr. Weaver to work as independent contractors with Miller’s should the need arise for emergency services well beyond their duties with the Town.”
“After this issue of “dual employment” was raised by the anonymous “whisteblower,” the Town Council purchased a bigger wastewater truck for $300,000 which is less efficient and capable than what Miller’s uses. And even after this purchase, the Town hired Miller’s, once again, as recently as September 28, 2023. “
Harbinson also offered this solution to the town
1. Retain my clients as Town employees to use their special knowledge accumulated over decades to continue to maintain the Town’s wastewater treatment facility in the optimal manner it has always been operated. To terminate them under these circumstances — especially when one is just a year away from retiring from his position — will only further put Town taxpayers “on the hook” for possible substantial damages awarded to my clients in a wrongful termination lawsuit.
2. Bid out the services now provided by Miller’s to the lowest responsive and responsible bidder — meaning the bidder who has fully complied with all of the bid requirements and whose past performance, reputation, and financial capability is deemed acceptable and has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents. If Miller’s is the lowest responsive and responsible bidder, have the Town Council acknowledge and ratify the hours that Mr. Miller and Mr. Weaver left Town employment to attend to their duties as an independent contractor — reflected in both the invoice and payment made for said services. This should be done in open session at the next Town Council meeting immediately following the services rendered. There’s only one problem — you can’t bid out each and every emergency; you’ve got to have someone like Miller’s there at the “drop of a hat.” But you can bid out a general annual maintenance contract setting out services, rates, and fees.
Town Manager Aaron Wike was advanced a copy of Harbinson’s statement on Sunday and has yet to comment.