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The three-year wait to find out how much monetary hot water Cherokee County and the Department of Social Services were going to be in for using so-called Custody & Visitation Agreements instead of going to court in order to remove a child from a home declared unsuitable is in – and it ain’t that pretty at all.
One federal case and civil trial. One father, a $1.5 million judgment. One child, a $3.1 million judgment. That’s $4.6 million total. There could be more than two dozen other families that signed CVAs, which two judges have declared illegal, already looking for lawyers. Attorney’s fees will need to be paid on top of that. And the criminal case hasn’t even been heard yet.
All of those involved in this case no longer work in the same positions with the county nor DSS today. County commissioners took over as the DSS board, putting the responsibility of fixing it on themselves. A new director and attorney were hired. But the past won’t go quietly.
“The Cherokee County Board of Commissioners is aware of a recent federal court jury’s verdict holding Cherokee County responsible for conduct of a prior Department of Social Services director and of a former Department of Social Services attorney,” says a statement from the commission signed by Chairman Dan Eichenbaum. “The board is disappointed in the verdict. Due to ongoing legal issues, the board can’t make any further comment. The board will continue to work with its legal counsel in this litigation. The board will keep our citizens updated as additional factual information is made available.”
The first question the county has to decide is whether to appeal the verdict, which is considered likely. Many observers were surprised by the jury’s award since there was little debate during the emotional four-day trial about whether it was in the child’s best interest to be placed in another home at that time.
The second question is, who’s going to pay for all this?
Cherokee County is insured through the N.C. Association of County Commissioners’ Risk Management Pools, which covers 71 of the 100 counties in the state. But Cherokee County’s coverage limit is $2 million per occurrence, so according to basic math that’s still $2.4 million short. Will any future cases be considered a new occurrence or not? And will any of the individuals involved have to chip in toward the overall amount?
In response, the county just increased its limit to $6 million per occurrence at a cost of an additional $30,550 per year.
“This case came about because of a tragedy, a tragedy of mismanagement, incompetence and a – well, just honestly – a desire to do things on the cheap,” plaintiff attorney Brandon Christian told Carolina Public Press after the verdict. “And what I hope the legacy of this case is that people’s constitutional rights are worth more than that.”
Doing things on the cheap is a longstanding problem in many small rural counties, where revenue isn’t as plentiful as in large urban areas. Government agencies cut corners to make their budgets work out, with items like training new employees all too often taken out of the equation. And many officials prefer to hire family, friends and people they know rather than the most qualified applicant.
The good ol’ boy system is not good for anyone – except good ol’ boys, of course.
Unfortunately, this is not the first time former county attorney Scott Lindsay has been involved in legal matters that cost taxpayers a lot of money. His lack of advice led to a former county manager and health director both winning lawsuits for wrongful termination, which added up to about a half-million dollars. Yet, commissioners still kept him on the job.
Notably, when asked what statutory or legal authority he had to use a CVA, a judge said Lindsay told her, “None.”
As a result, county taxpayers are going to pay. For years. It may be another generation before the last CVA case is heard. And we may never fully know just how much these cases have forever changed the lives of all the people involved.
David Brown is publisher & editor of the Cherokee Scout. You can reach him by phone, 837-5122; or email, dbrown@cherokeescout.com.