Buncombe County commissioners fire tax assessor

Three months before a tax appraisal that will affect all property owners in Buncombe County, the Board of Commissioners fired county Tax Assessor R. Keith Miller for what it deemed a conflict of interest for buying a South Carolina condominium with an employee under his supervision.

At a special meeting on Sept. 17, the Board of Commissioners laid out documentation showing that Miller and the employee, who is referred to by the initials R.S. in statements from the county, jointly purchased a condominium in Hilton Head Island, S.C., for $685,000 in June. The employee, who reported directly to Miller, resigned Sept. 11.

The board voted 5-0 to terminate Miller immediately. Commissioners Martin Moore and Parker Sloan were absent. Not only does Miller lose his $140,000 salary but also could lose his pension and other benefits from his 28-year career at the county.

Commissioner Chair Brownie Newman wrote to Miller on Sept. 6 that “circumstances involving [your] personal business transactions and relationships … may constitute unacceptable personal conduct.” The county released the letter to the public.

Newman’s letter outlined that Miller and the employee transferred the condo to Luxe Living LLC, listing Miller’s business address at the county’s Tax Department as the LLC’s business address.

Beaufort County, S.C., Register of Deeds’ mortgage documents list Miller and the employee as residing at the same address in Black Mountain.

“You did not report any personal or financial relationships or outside engagements (LLC) in your 2023 Annual Conflict of Interest disclosure, amend your disclosure, or otherwise notify your supervisor as required by the County’s Conflict of Interest Policy,” Newman wrote.

Newman’s letter was in response to Miller submitting a request to retire on Sept. 4, shortly after Miller met with County Manager Avril Pinder about the issue.

“There is reason to believe that your email initiating the retirement process was an attempt to usurp disciplinary actions,” Newman wrote. “This board does not accept your notice of intent to retire.”

Instead, the board moved to issue a notice of termination.

“This board believes that your personal business transactions and relationships create a conflict of interest,” Newman wrote.

Newman cited state law 105-294 as the basis for firing Miller.

“The board of commissioners may remove the assessor from office during his term for good cause after giving him notice in writing and an opportunity to appear and be heard at a public session of the board,” the law says.

Miller’s attorney, Brian Elston, countered that terminating Miller could result in a long and costly court battle.

“This is a statute that has not been litigated,” Elston said to the board. “No one in this room knows what the definition of ‘good cause’ is, and regardless of who wins today or tomorrow or whatever, that’s not going to be decided until years down the road with tons of discovery.”

Elston presented Miller’s offer to retire as an act of reconciliation, reiterating that allowing Miller to retire could avert a potential legal battle.

“We have tried to reconcile. We have tried to say, ‘What can we do to work this out so we don’t result in a lose-lose situation?’” Elston said.

Elston highlighted Miller’s long tenure and his lack of disciplinary record. He also noted that Miller was no longer a company officer in Luxe Living LLC and that Miller acknowledged that he made a mistake in his personal business transactions.

“Will that decision cost 28 years?” Elston asked. “He’s worked 28 years [for] certain retirement benefits that he’s entitled to.

“Mr. Miller’s position is that the allegations do not rise to the level warranting his dismissal,” Elston told Xpress.

Commissioner Jasmine Beach-Ferrara made a motion to authorize the county manager to disclose the reasons for the decision and any supporting documentation. It passed unanimously.

When asked why the board terminated Miller instead of accepting his retirement, Newman replied in an email to Xpress: “The Commission determined there had been a serious violation of the county’s personnel and conflict of interest policies that warranted termination for cause.”

Section 3.1 of the County’s Conflict of Interest Policy defines conflict of interest as: “A conflict between the public duty and private interests of a public employee in which the employee has private-capacity interests that could improperly influence the performance of their official duties and responsibilities.”

Following the special meeting, the board approved a resolution appointing Eric Cregger as interim property assessor.

Meanwhile, the tax reappraisal, the process of updating all of Buncombe County’s property values to reflect fair market value, remains on track and on schedule, writes Lillian Govus, Buncombe County’s communications and public engagement director, in response to an Xpress email.

On Jan. 1, every property owner in Buncombe County will receive a new assessed value. The last appraisal was on Jan. 1, 2021. Govus writes that the county does not expect the change in leadership to affect the property revaluation.

“We will ensure our property assessment team has the support and resources needed to fulfill our promise to our community to provide the best level of service during this critical juncture,” Govus writes.

Cregger has served as assistant director of property assessment since September 2023 and has worked for Buncombe County since October 2015.

“Mr. Cregger has extensive experience both in this field and in Buncombe County, and the property assessment staff are extremely knowledgeable as demonstrated by earning the certificate of excellence in assessment administration from the International Association of Assessing Officers,” Govus writes.

In other news

• County commissioners approved spending $3.6 million in COVID Recovery Funding for emergency shelter beds at three area low-barrier homeless shelters. Haywood Street Respite received $1.6 million to expand from nine to 25 beds; Safe Shelter received $1 million for up to 25 beds at Trinity United Methodist Church in West Asheville; and the Salvation Army received nearly $1 million to maintain its current 65-bed operations for another year. “We’ve finally reached a point where we’re not kicking the can down the road,” Commissioner Al Whitesides said. “We can see where we’re going.”
• Commissioners agreed to spend $4 million from the Buncombe County Tourism Development Authority for the second phase of upgrades to the Enka Recreation Destination project, which includes turfing four fields and lighting three fields; a new playground that complies with the Americans with Disabilities Act; and facility renovations and upgrades. According to a county document, the project is budgeted at over $7 million. In addition to the $4 million Tourism Product Development Fund grant, matching county funds have already been secured. “The Enka Recreation Destination is extremely popular among locals using its multiple walking areas, challenge course, sports fields and other amenities,” reads a county press release. “It also continues to boost its profile as an attractive location for regional sports tournaments that generate significant out-of-town spending for the local economy.”