Murphy – Cherokee County’s two new commissioners are asking for a district attorney investigation into the $151,000 termination payout the previous board of commissioners agreed to award former board attorney Darryl Brown.
Commissioner Jeana Conley made the request in an email sent on April 3 to District Attorney Ashley Welch as well as carbon-copied to fellow commissioners and County Manager Randy Wiggins.
A copy of the email and attachments, which included Brown’s contract and a column by Cherokee Scout Publisher David Brown criticizing the payout, was also sent to the DA. David Brown and Darryl Brown are unrelated.
The email was signed by Conley with Commissioner Sue Lynn Ledford’s name attached. It included a note that it was supported by Commissioners Ben Adams and Mark Stiles but did not include board Chair Alan Bryant’s name as a supporter.
“As a newly sworn-in Commissioner for Cherokee County, I am writing – along with my colleague, Dr. Sue Lynn Ledford – to formally request that you and your office review the circumstances surrounding the recent termination and subsequent financial payout to the Cherokee County attorney,” Conley wrote.
“Based on publicly available information, recent reporting and a review of the county attorney’s employment contract, it appears that the county attorney – who functioned as a full-time employee of the county under contract – requested to be terminated and, as a result, received a substantial payout totaling approximately $151,000, along with additional benefits.
“Under the terms of the contract, this payout was triggered specifically upon termination while the attorney remained willing and able to perform his duties, whereas the contract separately provided the option for voluntary resignation with notice,” Conley wrote.
“While the contract may technically authorize such a payment structure, this situation raises serious questions regarding both the legal and ethical propriety of the actions taken,” she wrote.
Review and consider
The email requests Welch’s office to “review and consider the following:”
Whether the expenditure of public funds in this instance satisfies the requirement of serving a legitimate public purpose under North Carolina law.
Whether the structure, drafting and execution of the contract – including the termination and payout provisions – complied with applicable North Carolina law and standards of public governance.
Whether any conflicts of interest, self-dealing, or improper influence may have been present in the drafting, interpretation, or approval of the contract, particularly if the county attorney had a role in advising or shaping provisions from which he ultimately benefited.
Whether the decision to proceed with termination under these circumstances constituted a misuse of public funds or a breach of fiduciary duty owed to the taxpayers of Cherokee County.
Whether any actions by members of the board of commissioners in connection with the timing of resignations and the approval of this termination warrant further review.
Whether all actions related to this matter were conducted in compliance with North Carolina open meetings and public records laws.
“Additionally, we respectfully request review of the circumstances surrounding the manner of separation itself. Specifically, whether the county attorney – given his role as legal adviser to the County and fiduciary to the public – had any ethical or professional obligation to resign, rather than request or facilitate termination in a manner that triggered a substantial financial obligation to taxpayers.”
“More broadly, we ask that your office consider whether the county attorney’s duties were owed to the public as a whole, rather than to individual members of the board, and whether those duties were appropriately discharged in this instance,” the email said.
it is unclear what action Welch will take; as a rule, her office does not comment on pending criminal complaints.
A history of problems
“Cherokee County has faced prior incidents in which taxpayers have borne significant financial burdens due to questionable administrative decisions,” Conley wrote. “It is our belief that a transparent and thorough review of this matter is necessary to restore and maintain public trust.”
Conley was likely referring to civil lawsuits against the Cherokee County Department of Social Services over placement of children into foster homes without court approval, and a bungled SWAT raid involving the Cherokee County Sheriff’s Office and Cherokee Tribal Police that resulted in a $10 million settlement in a federal civil case.
Conley said the request was submitted with the support of commissioners Adams and Stiles, “who share in the concern regarding this matter and the importance of appropriate oversight. Our current board chair, Alan Bryant is also aware of the sending of this letter.”
The board that approved Brown’s contract in 2023 included four commissioners who are no longer in office – Dan Eichenbaum, Cal Stiles, Randy Phillips and Jan Griggs – along with Adams.
The board that agreed to terminate Brown and award him the payout in March included Eichenbaum and Cal Stiles, who resigned minutes later as a result of losing the primary elections, along with Adams, Mark Stiles and Bryant, who remain on the board.
Ledford was appointed to fill in for the remainder of Eichenbaum’s term, while Conley was appointed to fill in for the remainder of Cal Stiles’ term.
“I appreciate your demonstrated commitment to upholding the law and ensuring accountability among public officials,” Conley wrote. “You have recently and undoubtedly demonstrated the bold actions it takes to confront the potential and appearance of corruption in local government.”
Welch is prosecuting former Swain County sheriff Curtis Cochran on sex charges and is seeking the removal of Graham County Sheriff Brad Hoxit over his handling of a case involving a county commissioner and the commissioner’s ex-wife, who Hoxit subsequently married.
Welch also urged then-Cherokee County sheriff Dustin Smith to resign following a series of missteps during his first and only term in office, including the 2023 SWAT raid that cost Cherokee County a $5 million settlement, unresolved discrepancies with the evidence room, and three jail escape attempts including one that cost a detention officer his life.
In her email to Welch, Conley attached screenshots of a column that appeared in the Scout “to help inform you of the current public sentiment regarding this situation and the angst felt by the people of our county who feel once again their local officials have let them down.”