Clayton politicians battle over tax receipts

By Ralph Ellis

The Atlanta Journal-Constitution

Clayton County Tax Commissioner Terry Baskin says if the county wants its money, it can come and get it. The County Commission is asking Gov. Sonny Perdue to force Baskin to deliver weekly tax receipts or face removal from office.

The latest showdown between Baskin and the commissioners isn't likely to affect public services.

On Thursday, Baskin’s lawyer said the tax commissioner is ready to turn over the money if somebody from the finance office picks it up. They've done that before, lawyer Steven Frey said.

One reason Baskin won't transport the receipts himself is because the county took away the tax office’s four cars July 9. Baskin last delivered the tax receipts on June 11.

“There are some issues as to liability,” Frey said. “That was a factor in the tax commissioner deciding not to use his personal automobile.”

State law says the tax commissioner must “pay over” taxes on a weekly basis.

Commission Vice Chairman Wole Ralph, who voted for the action against Baskin, said county attorneys don't see any gray area in the law. The county attorney sent a July 19 letter demanding Baskin pay the receipts.

"We've never had any question the last six years about what ‘pay over' means," Ralph said.

But Frey sees the law differently.

“Our interpretation is we are to make that money available to the County Commission,” Frey said. “There’s nothing in the code that says he has to physically deliver to them.”

The county police took the tax office vehicles July 9 as the commission moved to limit the use of take-home cars. Baskin tried to block a tow truck and was charged with obstruction.

Ralph said Baskin could get back some of the vehicles if he'd agree not to drive the cars home. Frey said Baskin has agreed to that but was still refused the cars.

The County Commission must ask the governor to discipline Baskin because he's an elected constitutional officer, not an appointed official.

Neither Frey nor any county official has said county operations were endangered, but Frey noted, "The longer you go without money, the closer you get to danger."