<< Back 8/28/02 Kirkpatrick, Killian say they’ll make changes to avoid conflict of interest By Scott McLeod A county commission candidate and the Haywood County Board’s attorney say they will do whatever is necessary to ensure they don’t violate conflict of interest statutes. J.W. ‘Kirk’ Kirkpatrick is running as a Democrat in the primary election on Sept. 10. If he wins the primary and then goes on to win a seat in the general election, he would become a voting member of the board that hires — and pays — his law partner, Leon ‘Chip’ Killian. Both are members of the Waynesville law firm of Killian, Kersten, Patton, Reida and Kirkpatrick. Killian has been county attorney for 31 years and his firm is paid a retainer of $36,000 per year. “The thing is, Chip and I will not allow there to be a conflict of interest,” said Kirkpatrick, who is making his first try for elected office. “This is getting blown out of proportion.” North Carolina General Statutes addressing conflicts of interest by elected officials state that a “public officer or employee involved in making a contract on behalf of a public agency shall not derive a direct benefit from the contract ....” The statute offers exceptions for counties where no municipality has more than 15,000 people. Regardless of how the law is interpreted, though, both Killian and Kirkpatrick say they will make whatever changes are necessary in order to avoid even the appearance of a conflict. “As an attorney, I want to fully disclose everything about this matter. It is not worth risking our law licenses and livelihood,” said Kirkpatrick. If Kirkpatrick becomes a county commissioner, the first order of business necessary for there to be a potential conflict is for the county to vote to retain Killian as its attorney. If they choose not to renew his contract, then there would be no conflict of interest. Killian said another option was for him to resign from the Waynesville firm and dedicate all his time to Moore, Vann, Allen, a Raleigh law firm he has been associated with for 12 years. Killian now splits his time between Waynesville and Raleigh, having created a nearly full-time job as a lobbyist in the N.C. General Assembly. He has residences in Raleigh and Waynesville and is registered to vote in Haywood County. The 58-year-old Killian has practiced law in Haywood County for 33 years. “If Kirk’s elected, we’ll comply with the law. I hope people don’t think we are going to try and skirt the law,” said Killian.