Tony Keech, the former Beaufort County Sheriff’s Office deputy taken to small-claims court to recoup the cost of a gym membership, disputes parts of the sheriff’s office’s explanation of the matter.

Keech said it was the sheriff’s office that first obtained the services of legal counsel in the matter, not him. In an article published in the Washington Daily News on Thursday, Chief Deputy Harry Meredith said that after Keech hired an attorney the sheriff’s office decided it needed legal counsel to look after its interests in the matter. The Womble Carlyle Sandridge & Rice law firm was chosen because it has performed č and continues to perform č various legal work for the county, Meredith said.

“They hired a lawyer sometime before April 22,” Keech said Friday in an interview with the Washington Daily News.

“I didn’t get my lawyer until a couple of days before the (small-claims court) hearing,” which was in December 2010, Keech said.

An April 22, 2010, letter from the Womble Carlyle Sandridge & Rice law firm to Keech asks Keech to send a $350 check to the sheriff’s office as reimbursement for the gym membership. That letter made reference to a Jan. 20, 2010, letter from Lt. Dysoaneik Spellman with the sheriff’s office to Keech informing him he owed Beaufort County $350 as reimbursement for the gym membership.

“The Beaufort County Finance Office is requesting this amount due by March 1, 2010. If no payment is received by this date, then further action will be taken,” reads the letter.

Case history

In November 2010, Alan Jordan, in his capacity as sheriff, filed a complaint alleging breach of contract and unjust enrichment against former Deputy Tony Keech.

While serving as a deputy, Keech voluntarily signed up to participate in a program in which the sheriff’s office agreed to purchase a $350 gym membership for each participating officer, according to the complaint.

In return, each officer was required to spend 240 minutes each month at the gym training to be able to satisfy the fitness requirements of his or her employment with the sheriff’s office.

“Officers who failed to meet the 240 minute per month requirement were required to repay the $350.00 value of their gym membership,” reads the complaint.

The complaint states that Keech was terminated from the sheriff’s office for cause Jan. 13, 2010. That meant he was unable to go to the gym and meet the sheriff’s office’s fitness requirements because he was no longer employed by the sheriff’s office, the complaint states.

Keech failed to repay the $350, according to the complaint.

In the article published Thursday, Meredith said the sheriff’s office sought reimbursement from Keech as a matter of policy and that Keech was treated no differently than other deputies in similar situations. Keech said his situation was not the same as other situations because he was terminated and was not in a position to fulfill the sheriff’s office requirements concerning the gym membership.

The small-claims court entered a judgment for the sheriff’s office in the amount of $172.50. Keech appealed the lower court’s judgment. Last month, Keech withdrew his appeal after the county paid the judgment and court costs.

Keech’s account

“I wasn’t going to let anyone push me around. … I’m not intimidated like that,” Keech said about his decision to appeal the case to District Court.

“I don’t have anything to hide,” Keech said about his decision to discuss the matter publicly.

After receiving the Jan. 20, 2010, letter from the sheriff’s office, Keech said, he discussed it with Jim Chrisman, the county’s finance officer. After discussing the matter with Chrisman, Keech said, it was his understanding he would not have to reimburse the sheriff’s office. Keech said Chrisman indicated that because Keech had been terminated, he was not in a position to fulfill the sheriff’s office’s requirements concerning the gym membership.

Keech said if he had voluntarily left his position as a deputy, he would have reimbursed the sheriff’s office because he would have broken the contract.

“Because of actions they took, I was unable to fulfill the contract,” Keech said.

Keech also questioned why the Jan. 20, 2010, letter stated that the money he owed should be reimbursed to Beaufort County but the April 22, 2010, letter stated the $350 check should be made out to the sheriff’s office.

“Where’s the money going to at this point?” Keech said.

Last month, Beaufort County offered to pay $245.88 (the judgment against Keech and court costs) if Keech would drop his appeal. Keech accepted the offer.

“I could have won this case in court, I believe,” Keech said.

Keech explained his decision to drop his appeal.

“Why keep costing the taxpayers money?” Keech said.

At the Beaufort County Board of Commissioners’ Feb. 7 meeting, Commissioner Hood Richardson offered a motion that any future lawsuits filed by third-party specialist attorney(s) hired by county staff or agencies must have prior approval of the commissioners. That motion was agreed to unanimously.

“I think they were trying to right a wrong. They had no control over the sheriff’s office suing me,” Keech said about the commissioners’ action.

Keech said he believes the small claims-court action filed against him was “somewhat” politically motivated. He noted that the sheriff’s office did not file its complaint against him until after the November 2010 election, in which Jordan was re-elected sheriff. Keech supported Donald Dixon, a Republican who challenged Jordan. Keech contends the sheriff’s office did not file the complaint before the election in an effort to keep the matter from becoming public before the election.