New policy prompts feisty debate between mayor, former town resident

Published 12:10 am Tuesday, October 6, 2015

By Josh Bergeron 

josh.bergeron@salisburypost.com

EAST SPENCER — Former town resident William Thompson wouldn’t receive a full refund for more than $2,000 in erroneous garbage bills under a newly proposed town ordinance.

The East Spencer Board of Aldermen on Monday discussed a policy that would limit all refunds for erroneous billings, including Thompson’s, to two years. The policy relies on state law and prompted a boisterous debate during Monday’s meeting between Thompson and Mayor Barbara Mallett.

East Spencer mistakenly billed Thompson for three trash cans over the course of 63 months, totaling $2,057.58. Thompson, who only owned one trash can at his former 108 Hill St. residence, received a $1,175.76 check on Sept. 9 for the the extra charges, but has continued his fight with the town to receive the full amount.

He moved to Salisbury in November 2014.

During a public hearing on a new policy, Thompson questioned the refund he received.

“Can someone please explain to me how we came to a decision on that amount,” he asked. “Why are you looking for ways to lower my payment when it’s not going to cost the town anything? It’s my money.”

Thompson alleges Mallett, town board member Phronice Johnson and former town manager Macon Sammons met in private and agreed on the amount before presenting a check, which Thompson ultimately cashed.

The town board and staff didn’t explicitly answer Thompson’s question during the public hearing.

Town Attorney Jeff Morris said East Spencer paid one more year than required to under state law, which includes a two-year statue of limitations. Current Town Manager David Jaynes said going beyond three years would set a precedent for any future cases where the town owed money to its residents for any sort of refund.

Jaynes said it’s possible more East Spencer residents have been overcharged for garbage services. Jaynes said he is currently sifting through the town’s records to definitively determine whether any more money is owed.

Jaynes, who became town manager in September, said he recently discovered Thompson was initially erroneously billed when neighbors on Hill Street started putting their trash cans on the same side of the street as Thompson.

Morris said the town’s proposed policy would firmly decide on a new limit for any future, similar cases. The board delayed adoption of the new policy until its November meeting, but Mallett said East Spencer doesn’t plan to fully refund Thompson.

“We wrote you a check for three years, so I don’t know what else you want us to do,” she said during Monday’s meeting.

Thompson replied, saying he wants his full refund.

“We can’t,” Mallett countered.

Thompson said he’s repeatedly been lied to about his garbage bill and just wants true answers. He accused Mallett of previously lying to him.

Mallett stopped short of responding to Thompson’s claim. Again, she said three years — 36 months — is as far as the town could go.

“I don’t know what else we can do,” she said. “We tried to be as patient with you as possible.”

The debate between Mallett and Thompson continued, but she later asked him to sit down and end his public comments.

East Spencer resident Brint Polk, who is running for mayor, also spoke during the public comment period. Polk tried to clarify the argument between Mallett and Thompson, but didn’t express an opinion on the new policy.

Thompson spoke out after the public comment period, when the town board was discussing the new policy. Mallett then asked Police Chief Sharon Hovis to escort Thompson out of town hall if he spoke again.

“What you’re doing is unfair and you’re robbing me,” Thompson said.

Discussion on the new town policy ended with clarification from Morris about the proposed two-year statute of limitations. Mallett then proposed moving further discussion to the town board’s Oct. 20 work session.

Contact reporter Josh Bergeron at 704-797-4246.