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Citizens tell Wilkes County commissioners they seek 'constitutional compliance' on taxation
Summary
Two residents delivered notices alleging breach of fiduciary duty and questioned the legal basis for property taxation; County Attorney Tony Triplett told the Board his role is to watch for legal violations and said commissioners' authority comes from the General Assembly under the State Constitution.
Two residents used the Board's public-comment period on April 21 to challenge local tax authority and deliver written notices demanding constitutional compliance.
Tony Call handed commissioners a document titled "Notice of Breach of Fiduciary Duty and Demand for Constitutional Compliance" and asked the Board to "help them out and fulfill that." Later, Walter Vaughn expanded the point, asserting the North Carolina Constitution protects "the fruit of his labor is his" and asking "what gives them the authority to tax him and his property." Both men said they have pursued public records to validate the County's authority.
County Attorney Tony Triplett responded to the public comments and described his duty to monitor Board actions for legality. "Part of his job is to monitor, or watch, to keep his eye on what they do and to be informed as to what they do, and to make sure they're not violating the North Carolina Constitution, or any of the laws of the State of North Carolina," Triplett said. He told the Board their authority to tax is derived from the North Carolina General Assembly under the State Constitution and that his role is to advise commissioners if a proposed action would be unlawful.
The Board did not take any legal action in response to the notices during the meeting. The public comments were recorded, and the County Attorney said he would continue to advise the Board if he identifies any statutory or constitutional conflicts.
