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Hernando County boss OKs claim by official's husband

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By MICHAEL D. BATES

Hernando Today

Published: May 1, 2009

Updated: 05/01/2009 08:57 pm

BROOKSVILLE - County taxpayers ended up footing a $763.61 bill to reimburse Supervisor of Elections Annie Williams' husband, whose sports utility vehicle was damaged from a falling tree limb.

County Administrator David Hamilton authorized the payment, disregarding the determination of the county's own insurance company, Travelers, which found no basis for the claim.

The $763 came out of the transportation trust fund.

Department of Public Works Director Charles Mixson said Andrew Williams Jr., of Buena Vista Drive in Brooksville, sustained damage to his 2005 Nissan Armada after a tree limb struck it while parked at his home.

He said he processed the claim at Hamilton's behest.

Mixson said the county has paid claims before out of the fund on a case-by-case basis. For example, the county will consider paying out if a resident's car was damaged from running into a newly dug trench or from running over pot holes, he said.

Mixson said he cannot recall ever paying a claim for a fallen tree limb.

In this case, Mixson said the county accepted the lowest of two repair estimates and paid the money directly to Williams to fix his SUV.

Williams said the entire matter "is a done deal" and plans to get his SUV fixed soon.

He noticed a limb fell on it from a tree in the public right of way. He claims the tree was dead.

However, a review by the county's insurance carrier, determined it was a live limb and found no basis to pay the claim.

Hamilton acknowledged he does not normally get involved in such insurance matters, which is the realm of the county's risk management department.

Hamilton confirmed he authorized the payment "in the interest of customer service."

"The day-to-day involvement of the administrator is not the place for risk management," Hamilton said. "From time to time, though, to serve the customer, when issues are brought to our attention, we look into it.

"In this case, Mr. Williams brought the matter before us. It was an issue related to a public piece of property, a tree, damaging private property."

Hamilton said Mixson was asked to pay the claim, and "I take responsibility for the matter."

According to information from a Travelers' memo, the incident occurred on March 1.

"After review of your claim, we have found the limb in question that fell was a live limb from a Live Oak tree," Margaret Loyd, claim representative with Travelers, wrote in a March 12 memo.

Loyd said winds, gusting from 13 to 37 mph, caused the limb to be torn from the tree.

"The simple control of a public tree does not constitute negligence," Loyd wrote. "Therefore, we must respectfully deny your claim ... as the sole cause of this incident was due to the weather."

Hamilton contacted Mixson and asked him to cut a check for the full amount to settle Williams' damage claim.

In an April 2 e-mail to Hamilton, Mixson said he authorized the check and Williams signed a release "so the matter is closed," Mixson wrote.

"Thanks...appreciated," Hamilton responded that same day to Mixson in an e-mail.

Hamilton said his decision to authorize payment of the claim, even when he didn't have to based on the judgment of the insurance company, was done as a goodwill gesture toward a taxpayer.

The fact that the claimant was the supervisor of elections' husband had nothing to do with it, he said.

"Annie has nothing to do with this, and we never spoke at any time," he said.

Hamilton said this is the first time he has stepped in to authorize an insurance claim. Whether he made the right call is open for debate, he said.

Asked whether this could set a precedent for a rash of claims from residents with damaged vehicles, Hamilton said "there's always that concern."

In the future, Hamilton said he will take that into consideration, along with any public criticism that could develop from a judgment call such as this.

The $763 payment enraged civic activist Janey Baldwin, who said Hamilton's action was an improper use of taxpayer money and believes he should pay it back.

"Who gave Hamilton permission to authorize this transfer?" Baldwin asked. "Who does he think he is? That's taxpayer dollars."

If Hamilton is going to sidestep county risk management, there is no need to keep that department, she added.

Annie Williams was not in her office Friday and could not be reached for comment.

Reporter Michael D. Bates can be reached at 352-544-5290 or mbates@hernandotoday.com.

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