Former Oakboro officer, town officials clash regarding funds for K-9 dogs
The future of the two former Oakboro Police Department K-9 dogs has been a subject of discussion on social media.
Former Oakboro police officer Jason Eschert signed an agreement last week with the town to take possession of the town’s former K-9 officers, Joker and Bane, per a phone interview Monday with Eschert.
“They made me sweat it out for two weeks, but they finally gave me an agreement that they wanted me to take possession of both of the dogs,” Eschert said. “I basically assumed all responsibility and liability for the dogs.”
Eschert said he requested the town maintain the K-9 account at Uwharrie Bank which had about $19,000 in it. He said the money for the account “was all donated, raised money done by me.” He asked the town to maintain the account for vet bills for the dogs, food and cremation expenses at the end of their lives. Eschert said he would pay for such bills and submit receipts for reimbursement.
Last Friday, Eschert said Oakboro Town Administrator Georgia Harvey called him to say she had sent an email. Eschert posted a picture of the email response to Eschert about the K-9 funds, saying, “these funds are part of the town of Oakboro general funds and will be used to cover the prior year deficits in the general budget spent for K-9 unit/program.”
Eschert said the dogs “served the town faithfully. They served loyally. They did a lot for Oakboro.”
Regarding the budget he said, “What deficits? Number one, for the budget last year, I was like $4,000 under budget for what the town funded for the K-9 unit, and you don’t go back and pay past budget deficits.”
After reading it, Eschert said he cried in his car.
“It was not the town’s money. It was not taxpayer money. It was money donated specifically for those dogs,” Eschert said.
Eschert also said he was asked to give back to the town a bite suit and bite equipment which was paid for by donated funds. He said the dogs will continue to do bite training even though both are retired from active duty.
Regarding Joker, Eschert said the town received $5,000 from Protecting K9 Heroes for nerve surgery, but the surgery was not necessary since he became a community K-9 and not one on active patrol duty.
“This organization has already reached back out to me and they want their money back,” Eschert said.
Eschert has started a webpage for those wishing to donate money for the dogs’ care, and said in four days more than $8,000 has been raised.
On Monday afternoon, the Town of Oakboro posted a statement on its Facebook page. Here is the statement in its entirety:
The K9 Joker and K9 Bane Facebook page is not a Town of Oakboro Facebook page. Anything posted there is not posted by the Town and is not a Town statement.
Jason Eschert resigned from the Oakboro Police Department (OPD) on September 3, 2024.
Joker and Bane were honorably retired on September 3, 2024. Both animals were released to Mr. Eschert at his request.
The Town receives revenue from various sources, including contributions. All contributions are a part of the General Fund. General Fund money may only be used for a ‘public purpose’ as defined by N.C. law. The Town appreciates the contributions made to support the K9s. The Town spent both contributed money AND general fund money to support the K9s.
There is unallocated money contributed to the Town by public spirited citizens. This is public money. Under N.C. law, public money cannot be gifted to a private individual to support private purpose. For example, the money cannot be given to a private citizen to care for his pets. Any funds collected by the Town through taxes or contributions belong to the Town, not individuals.
The Town of Oakboro is a N.C. municipal corporation.” The Oakboro Police Department is not a legal individual or corporation. It is a department of the Town. It should not and cannot act as a separate legal entity. The OPD is required to follow Town ordinances and polices just like Public Works or any other department.
N.C. General Statutes Chapter 131F, Solicitation of Contributions, says, “The following are exempt from the provision of this Chapter: (2) Solicitation of charitable contributions by the federal. State, or local government or any of their agencies.” Oakboro is a “local government”. Chapter 131 applies to “charitable organizations” meaning organizations that have a Internal Revenue Service section 501(c)(3) designation. Oakboro does not have an IRS section 501(c)(3) designation. (N.C. Gen. Stat. section 131F-2(3).