At this point, it looks like he’ll get back all the money he put in. However, the coin from the county match will go into an escrow account (where it will still lose or gain) for now. If Duncan, who pleaded guilty to felony official misconduct in July, completes the terms of judicial diversion, then he’ll get the rest.
If not, then, well, no.
Here’s a look at the receipts from attorney Bill Mason of Kennerly, Montgomery and Finley:
Sept. 11: Billed for 30 minutes to the tune of $55.50 for an office consultation with Bill Mason, regarding “J. Duncan’s guilty plea to official misconduct and whether plea would result in forfeiture of retirement plan benefit.”
Sept. 11: Billed for a one hour telephone conference with Pension Board Executive Director Kim Bennett for $285 regarding his withdrawal and rollover in his retirement plan, which is somewhat like a 401(k). According to the notation, the two discussed “the reimbursement of county and forfeiture provisions applicable for a felony conviction involving official county duties. There was also an office conference regarding “criminal law and status of the case and judicial diversion.” There also was a telephone conversation with Knox County Law Director Bud Armstrong about “county position on the charter forfeiture provisions.” And a telephone conference with Bennett regarding “further email from J. Duncan re follow up on same.”
Sept. 12: Billed $228 for 80 minutes. Apparently, the attorney reviewed the email from Duncan to Bennett. Attorney also drafted email from Bennett and Armstrong confirming the discussion from the previous day, and “with proposed response to J. Duncan re forfeiture provisions. Review her email to J. Ducan re same.”