Former Public Works Director Makes Restitution

FARMINGTON -- Dan Ledbetter, Farmington's former public works director charged with felony theft of property by deception, has been making victim restitution to the city of Farmington, David Burcaw, Washington County deputy prosecuting attorney, said Friday.

Ledbetter was scheduled for trial April 8 but a defense motion to continue the trial until Aug. 12 was granted by the court.

Ledbetter was charged with the Class B felony Nov. 8, 2013, after he admitted to selling city building permits to a local builder and depositing that money into his personal business account, instead of "properly distributing and reporting the funds to the city of Farmington," according to an arrest affidavit.

Friday, Mayor Ernie Penn said Ledbetter has agreed to pay $61,186 to the city of Farmington by Aug. 1. The city already has received two installments, one for $28,000 and another for $5,000, totaling $33,000, Penn said.

City Attorney Steven Tennant said the city put in a lot of time acquiring records to formulate the correct amount of money owed the city.

"Dan is not getting away with anything," Tennant said Friday night. "We're not rolling over. The city is going to be fully reimbursed."

He added, "The charges are still there. That's not going away. But I'm more concerned about getting the tax dollars in the city coffers than getting a pound of flesh. You don't get a dime from a pound of flesh."

Tennant said he agreed to continue the trial date after Ledbetter made two payments to the city.

"I want the money back in the city coffers," he said. "It's going to happen."

Penn said city officials determined $61,186 is the amount of money the city should have collected in a normal course of business and this amount is based on the value of about 56-60 permits.

Penn has said that Ledbetter inspected property for a builder on homes located in the county but when this area was annexed into the city, Ledbetter continued to bill the builder under his personal business account, instead of the money going to Farmington. Penn said he believes Ledbetter was diverting money to his personal business account for about five years.

Penn said homes were located in four subdivisions in the city: Meadowsweet, Walnut Grove, Twin Falls and Southwinds (Phase 5).

Detective Bret Hagan with the Washington County Sheriff's Office said his investigation into Ledbetter's actions is basically finished but he is still looking into any possible illegal activity involving another individual and company. He declined to name the person but said his investigation so far has not find evidence to give probable cause for arrest. Hagan said the sheriff's office has received a few complaints about this business and he is investigating those complaints.

Hagan said the complaints may end up being a civil matter but he doesn't know yet.