Unauthorized vehicle purchase resolved

CLOVIS — After two meetings and some legal wrangling, the Curry County Commission turned an unauthorized purchase into what its chairman called an opportunity.

With a pair of votes Monday afternoon, the commission approved the purchase of a new vehicle for the county with the estimated $24,000 coming through treasurer’s office dollars, and the assignment of that vehicle to the county sheriff’s office for its process server.

The county came into possession of the new Chevy Impala as a purchase by County Treasurer Debbie Spriggs, with the idea the car would be used to make daily bank deposits and not be burdened with borrowing vehicles from the assessor’s office.

Spriggs, who was not at the Monday meeting, told commissioners during their June 4 meeting she had “jumped the gun” in purchasing the vehicle, but could cover the purchase with savings from the vacant chief deputy treasurer position.

Reached Tuesday at her office, Spriggs referenced her comments from that meeting, said she would have handled the matter differently in hindsight and declined further comment.

Commissioners contended that Spriggs, although she is an elected official, needed prior clearance on a fixed asset of $5,000 or more either through County Manager Lance Pyle or the commission, which is responsible for the entire county budget.

The matter was tabled June 4 so county staff could explore options for returning the vehicle. County Purchasing Agent Troy Hall said there were three factors in Spriggs’ purchase of the Impala leading to the dealership’s reluctance to accept it back:

• Because the vehicle was ordered for a governmental agency, it could only be sold to a governmental agency.

• Once Spriggs drove the vehicle off the dealership’s lot and to Curry County, the vehicle was no longer a new vehicle.

• The dealership could only sell a used vehicle to a governmental agency if an agency specifically requested one through a bid process requiring an independent inspection, so there wasn’t a realistic chance to resell it.

The result, according to County Attorney Steve Doerr: “You are now the owner of a vehicle. It has to be paid for. You have to decide what you want to do with it, or what the county does with it.”

Pyle said at the end of every fiscal year, now less than two weeks away, any salary savings are rolled into county reserves and often cover various capital improvements.

To pay for the car, Spear felt the source was obvious.

“It would be returned to the county anyway at the end of this month,” Spear said. “I think the money should be taken from the treasurer’s office. I think that’s appropriate and sends a message. You have to have approval from the county manager and the county commission.”

Spear said the incident should serve as a warning to county employees that if they make an unauthorized purchase, there’s a chance they could be held liable for the purchase price — meaning Spriggs could have been personally responsible for buying a government vehicle that she wouldn’t legally own.

Commissioner Seth Martin said the treasurer’s office needed to fill the deputy chief treasurer position, arguing that would be the best use of monies.

As to where the car would be inventoried, Spear didn’t believe the treasurer’s office was a wise place to put a new vehicle. While the office makes a daily bank run, Spear said, that is a 1.6-mile round trip.

“Over the course of the year, I think they drive something like 400 miles,” Spear said. “There’s really not a great need for a vehicle in the treasurer’s department. But we do have vehicles available for her bank run and for short distances.”

Pyle did a survey of other county departments. It was determined the clerk’s and assessor’s offices didn’t need a new vehicle, but Spear felt there was an opportunity in the sheriff’s office.

“We have a process server who serves subpoenas and writs of execution and summons,” Spear said. “He’s in a vehicle almost eight hours every day. His vehicle is old, it’s barely running. I think it would be a great opportunity. Of anybody who drives a car in our county, he needs one that’s more comfortable and newer than even the sheriff’s.”

The process server’s current vehicle would be added to the administration department, and would be one of many vehicles available for the treasurer’s office.

With Spriggs not at the meeting, the commission tabled an item seeking an update on the upcoming treasurer’s office audit.

Spear said it would be important to talk with Spriggs about the upcoming audit because last year’s audit had multiple findings, and the commission wanted some assurance corrective actions have been taken so there aren’t repeat findings.

In closing the meeting, Spear encouraged fellow commissioners to attend as many events as possible during the week’s New Mexico Association of Counties conference.

The next commission meeting is scheduled for 9 a.m. June 27.