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Oconee joins treasurer’s call for state inquiry
County officials welcome a review of disputed millage rate

WALHALLA — Oconee County Treasurer Greg Nowell said Monday he has requested an investigation by the state Department of Revenue (DOR) that county taxpayers have been overcharged millions of dollars during the past four years.

County officials responded by also calling for an inquiry and said they “welcome the review.”

Nowell said he spoke by phone with Mike Horton of DOR’s property division.

“I requested they come in and do an investigation,” Nowell said. “I just want them to come in and check it out for themselves.”

Nowell’s move comes at the heels of his revelation Friday that he thinks Oconee taxpayers have been overcharged $72 million. He said it started with an innocent mistake in the county auditor’s office that resulted in Duke Energy’s tax being shorted by $8 million in 2004.

Nowell contends the error dragged along until 2006 when Duke rectified by paying a $24 million lump sum to the county. After the $24 million was added to the tax rolls in 2006, Nowell said it was left on the rolls. Nowell contends the county has been budgeting and collecting too much money from taxpayers.

County Administrator Dale Surrett said Monday that Auditor Linda R. Nix and Finance Director Phyllis E. Lombard have told him they believe the millage rate was set correctly.

It is Nix’s responsibility, as the county elected auditor, to establish the millage rate.

“Oconee County staff and elected officials reviewed the tax rates before they were set and have reviewed them again since the County Treasurer made his assertion,” Surrett said. “The County Auditor will be forwarding all supporting information to the South Carolina Department of Revenue so that this matter can be quickly resolved.”

Nix said Nowell has not provided her with information and she looks forward to a full DOR review. Nix added that as far as the 2008 tax bill is concerned, she plans to present a millage recommendation to County Council in September.

In the meantime, a DOR spokeswoman confirmed on Monday that the agency had received a request from Nowell to review the matter. However, the spokeswoman, Adrienne R. Fairwell, said it was too preliminary to say what DOR would do.

“We do not have any of the facts at this point,” Fairwell said. “Generally, all requests are dealt with on a case-by-case basis, and this case we’d have to first find out what is being alleged.

“It also depends on the nature of the request and what is being challenged as to what we do,” Fairwell added.

The last time a DOR inquiry was undertaken in Oconee, it was at the request of the state delegation about reassessment issues stemming from state tax reform enacted in 2006. That DOR inquiry delayed the mailing of tax bills for a reported 35 days.

The Oconee County Council and the state delegation engaged in a public dispute concerning the enacted 2006 tax-reform legislation. Counties had the option under the new reassessment provisions to delay implementing it for a year, which is what the state delegation asked county officials to do. They refused, triggering the dispute.

The 2006 property tax bills signed by Gov. Mark Sanford eliminated the school-operating portion of property taxes levied on owner-occupied residential property on one hand, while providing for minimum countywide reimbursements of $2.5 million, which would grow as a function of the Consumer Price Index (CPI) and population growth.

As part of the reform, a constitutional amendment passed in the fall of 2006 capped property taxes at 15 percent over any five-year period.

Nowell is disputing that the reassessment calculated by county officials for fiscal year 2007-08 was not revenue neutral as the law provides because the $24 million Duke payment was left on the rolls.

Fairwell, the DOR spokeswoman, said state law requires the county treasurer to issue a refund or give taxpayers a credit in the following year if an illegal millage has been set.

Comments

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  1. August 26, 2008

    8:49 a.m.
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    EXBrown (Anonymous) says...

    This should not be as big a dispute as it is being made out to be. Dale Surrett, Linda Nix, Phyllis Lombard and the County Council should all be able to look at the information and decide if the millage is in error or not. If the millage was set using the figures that included the Duke money, it is wrong. If the millage was set in violation of the law and was not revenue neutral, it should be stated now.

    The Oconee County government should know how to set the millage. This is not rocket science. As soon as Mr. Nowell made his first statement to Dale Surrett, or any of the other officials, there should have been an immediate meeting to determine what the truth was. Every county councilman should have already asked for and gotten the answer to this question. If what is alleged is true, the outcome will be devastating to this county. The state needs to do an audit, but that should not be needed to know if the millage was correct or not. This is pretty straight forward. All that has to be done is to look at the calculations used to set the millage in question and state whether or not it was done correctly. If Dale, Phyllis and Linda cannot do this, it begs the question; are they capable of doing it at all? If the county council has not already demanded this and have an answer in hand, they are being grossly negligent in their jobs.

    The question that still needs to be answered when the determination is made is the crucial one. What is going to happen with the excess money? If the money has to be refunded or everyone given a credit on the upcoming tax year, the county faces financial questions that will have repercussions for years to come.

  2. August 26, 2008

    1:36 p.m.
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    llinsin (Anonymous) says...

    Near the end of the discussion following the Aug 23 report, questions were asked about when the next County Council meeting would be. I posted that information then, but briefly, for anyone who missed it, here goes again: 7:00 P.M., Tuesday, Sept 9, at the Pine Street Building. If you want to sign up to speak out for three minutes, sign up at the front table before the meeting. Also, remember that you will soon get another tax bill, even though you may have overpaid enough to have an account credit. Your new tax bill this fall may as well contain a statement, "We know we owe you a refund, but pay us more anyway!!" Finally, think about what Dale Surrett said above, about wanting this matter to be resolved quickly. Does that mean "quickly" come up with a rebate/tax cut plan to compensate us, or "quickly" get this "matter" off the front page and relegated to the "old news" file? Remember, 7:00 P.M., Tuesday, Sept 9, Pine Street.

  3. August 26, 2008

    5 p.m.
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    oldsouth (Anonymous) says...

    Also remember, if you don't pay the tax bill you get this fall the county will put your house on the block & sell it for the taxes. The residents of O.C. will come out on the losing end of this quagmire.

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