- Ex Nephi Golf Pro faces trial on corruption charges
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By Myrna Trauntvein
Times-News Correspondent
The former golf pro at Nephi’s municipal golf course will face trial on allegations that he pocketed course revenues.
Those revenues were meant for the city and not for the pro. Canyon Hills Golf Course is run by the city of Nephi and the course pro is under contract with the city.
Fourth District Judge Donald Eyre Jr. ruled that there was enough evidence for John Fillmore to be bound over for trial.
At the conclusion of Fillmore’s preliminary hearing in Fourth District Court in Nephi on Tuesday, Eyre scheduled Fillmore’s arraignment for Aug. 28.
Fillmore, 45, worked for nearly 20 years as the golf pro at Canyon Hills before being replaced under a cloud of controversy. He is now charged with 20 counts of misuse of public money.
Fillmore is accused of issuing season passes to golfers but not turning the money over to the city in 2005 and 2006 and, instead, pocketing the money.
“We found several situations where individuals were playing with a season pass as designated on the starter sheet but no payment ever made its way to the city,” Kelly Johnson, an accountant hired by the city to review the golf course’s records, said at the preliminary hearing.
Johnson said there were a number of golfers listed on daily records as playing on season passes, but there were no records of payments for those passes ever being received by the city.
Season passes can cost up to $420, which is the fee for a couple’s season pass.
Randy McKnight, Nephi City administrator, said he initiated an internal review of the golf course’s finances in June 2006 after hearing a rumor that Fillmore gave season passes to two contractors in exchange for them doing work on the basement at his home.
Nephi police officer Mike Morgan, who investigated the case, said he spoke with the two contractors.
“Mr. Fillmore needed some work done on his basement and an agreement was made between Mr. Fillmore and them (contractors) to come in and do some work, and in turn they would receive a pass for the year 2006,” Morgan said.
There were other transactions made by credit card where the revenue was never received by the city, McKnight said.
“As we continued our review there appeared to be some additional questions about the accounting for golf course revenues,” McKnight said. “It appeared that there was a pattern.”
McKnight said he talked to four season pass holders and asked them about the payments they made for the passes.
Then, later in June, McKnight said, payments for numerous passes that had been issued in the previous months came into the city treasury.
“As we started to make inquiries about the pass records and the flow of revenue into the city, suddenly there was a flurry of back payments, so to speak,” he said.
McKnight told prosecutor Jared Eldridge, Juab County Attorney who also assists Nephi City, that city officials had spoken to Fillmore in the past about late payments.
In the past, the city independent auditor told council members the city needed to make certain all funds be accounted for within three days of receipt. The golf course was remiss in following that admonition.
Scott Card, Fillmore’s attorney, questioned Johnson about payments that were made late in 2005 and 2006.
Card also asked McKnight about credit card transactions at the course pro shop.
McKnight explained that, at the time of Fillmore’s contract, the city did not have a credit card machine for the course.
Fillmore, however, did have a credit card machine for the independent concessions he ran as a personal business at the course. Those concession included items such as lessons, food and range balls.
Those concessions were part of Fillmore’s contract with the city.
When golfers put course fees on their credit cards, McKnight said it was Fillmore’s duty to pay the city out of his till or with a company check. Fillmore would then be reimbursed by the credit card payment.
“Under city statute,” said McKnight, “Fillmore had three days to turn over each day’s course revenues to the treasury.”
Card asked if Fillmore was ever reimbursed for the 3 percent fee that would have been charged to his business for use of the credit card machine. McKnight replied that he was not.
Card stated that course customers typically did not want to use their credit cards for the one part of their purchase that went to Fillmore, such as golf balls, and cash for other parts that went to the city, such as course fees.
McKnight said Fillmore was not required to mingle the city’s revenue with his own.
Nevertheless, Card questioned whether there was another way to carry out such transactions and whether the city should have devised a better plan.
“So it would have been his responsibility to pay in full even though he bore the cost of the credit card transaction?” Card asked McKnight.
Card asked Eyre not to bind Fillmore over for trial.
He said the prosecution did not provide adequate evidence that his client, Fillmore, willfully chose not to make required payments to the city, “simply that payments were somehow not made.”
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