Unemployment benefits awarded, then denied for Madison County employee ...

Spence, who began working as Madison County’s deputy clerk in April 2001, was charged by the Georgia Bureau of Investigation April 29 with one count of felony theft by taking for allegedly stealing roughly $1,700 from the senior center. Documents at the Madison County Sheriff’s Office show that Spence was booked into the county jail, then released on a $2,250 property bond posted by Catherine Nash, Danielsville, wife of county commission chairman Wesley Nash.

After the deputy clerk resigned from her position, she filed for unemployment with the Georgia Department of Labor. Those insurance benefits were awarded on May 11.

County attorney Mike Pruett explained that at the time Spence applied for benefits, the human resources position was vacant.

“And that (the vacancy) caused some delay in responding to Ms. Spence’s filing,” said Pruett. “Nonetheless, the county clerk did, by telephone, inform the Department of Labor of the circumstances, i.e., that Ms. Spence voluntarily resigned in lieu of termination after she was arrested. Somehow that information did not make it into the department’s file, and benefits were erroneously granted.”

Pruett filed a written appeal to the department, which included a sworn affidavit from the county clerk verifying his telephone conversation.

County clerk Morris Fortson, Spence’s supervisor, said he informed the DOL representative that Spence resigned after facing a criminal theft charge.

“That’s the first thing I told her (the DOL representative) that she had been arrested for stealing a deposit,” said Fortson. “It was an unfortunate situation, but that (the theft charge) is why she’s not employed.”

Fortson said the DOL representative said Spence cited a conflict with management when seeking benefits.

“She had told them she had problems with a manager,” said Fortson. “And I told them I didn’t know anything about that.”

Fortson said the DOL later sent the county two notices, one saying Spence was awarded benefits, another saying she was disqualified.

“I called them and asked which one was right and they sent another notice saying she the benefits were allowed,” he said. “I don’t know how they did that.”

Sam Hall, director of communications for the Georgia Department of Communications, said that due to confidentiality laws, the DOL is not allowed to comment on specific unemployment cases.

“We can’t discuss individual unemployment cases,” said Hall, adding that he can’t even confirm or deny whether a person is getting benefits.

However, Hall said that people seeking unemployment benefits must meet three criteria: 1.) they lost their job through no fault of their own; 2.) they must be actively seeking employment; 3.) they must be physically and mentally capable of receiving a job.

A hearing on Spence’s unemployment benefits was held Sept. 4 and the DOL faxed its decision to the county government Tuesday, with the department ruling in favor of the county. Fortson provided The Journal with a copy of that two-page letter from the DOL Tuesday.

“The employer met the burden of proof and offered sufficient testimony and evidence to support the claimant’s disqualification for unemployment benefits,” wrote DOL hearing officer Sandra Ward. “The claimant admitted to taking the missing deposit funds. Therefore, disqualification is required.”

Ward wrote that state law “provides for disqualification for intentional conduct resulting in the employee being discharged for theft of property, goods, or money valued at over $100, sabotage or embezzlement.”

The DOL decided on June 5 to grant unemployment benefits to Spence, which were retroactively awarded to May 11. But the September ruling stripped Spence of those benefits back to May 11.

“This disqualification shall continue until the claimant obtains subsequent employment and earns insured wages equal to at least 16 times their weekly benefit amount, an amount of $5,120,” wrote Ward.

The letter does not directly state how much Spence received in unemployment. But “16 times their weekly benefit amount, an amount of $5,120,” equals $320 a week.

Denise Beckwith, DOL supervisor for unemployment insurance policy and procedures, issued a separate letter to Fortson stating that there will be “no charge to your (the county’s) employer tax account for any benefits paid to Ms. Spence.”

“She did not appeal this decision and will be required to repay, to the Unemployment Compensation Trust Fund, all benefits she received,” wrote Beckwith.

Beckwith said the DOL was not informed of Spence’s arrest by the county human resources officer, whom she does not identify in the letter. Connie Riley resigned from her position as human resources director April 21, several days before Spence’s arrest.

“This decision was made, in part, from information provided to our claims examiner by a representative of Madison County’s human resources department,” wrote Beckwith. “The HR representative said that Ms. Spence was a ‘good employee,’ but there were some issues involving a co-worker, and that the county had no objection to her receiving unemployment insurance benefits. The HR representative also said there were other ‘things’ that happened, but they did not want to provide us with any details about it.”

While Spence allegedly stole $1,700 from the senior center, a far greater sum has been stolen in the BOC office. The GBI is conducting an investigation into the theft of at least $80,000 from the commissioners’ office. No charges had been filed in that case as of press time.

“We are close to an arrest but still trying to finalize a few other things first,” said GBI agent Jim Fullington Tuesday.