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Sylva official charged with driving while drinking, lapsed license
By Lynn Hotaling and Carey Phillips
The head of Sylva’s planning and inspections department was arrested last week on charges of driving under the influence of alcohol and no operator’s license.
Sylva Planning Director Jim Aust, 48, of East LaPorte was stopped by Trooper Brian Parker of the N.C. Highway Patrol at 8:40 p.m. on Oct. 11, according to papers on file in the Jackson County Clerk of Court Office. Parker noticed Aust’s vehicle weaving and stopped him near the intersection of N.C. 107 and S.R. 1329 (Lyle Wilson Road).
Parker’s report indicates he noticed a “strong smell” of alcohol on Aust’s breath and body and that Aust was “unsteady on his feet” and exhibited slurred speech.“
A breathalyzer analysis performed by Parker an hour later indicated Aust had a blood alcohol level of .13, which is .05 over the legal limit of .08.
Aust said Tuesday that he has no comment at this time.
The town of Sylva has not taken any disciplinary action with regard to Aust’s employment status, according to town Manager Jay Denton.
“The incident occurrerd on Jim’s personal time and not during work hours,” Denton said Monday. “It has not gone through the courts yet.”
Though town personnel policy gives him the authority to either suspend or reassign Aust, Denton said he has done neither, preferring to work with Aust to make sure he can adequately perform his duties.
“We have so much for him to do,” Denton said. “We’re working on extra-territorial jurisdiction and an area of consideration, and Jim is the best qualified staff member to answer questions about those.
“Jim still still has plenty of work to do and will continue to monitor the permitting process,” Denton said. “We’re working out any transportation problems.”
Denton, who has been Sylva’s manager for about six weeks, said he was taking a pragmatic approach to Aust’s arrest and charges.
“(Aust’s) knowledge and skills are valuable, and my job is to provide services to the citizens of Sylva,” Denton said. “At this point, pending disposition of the charges, there are no changes in (Aust’s) duties.”
The fact that Aust had apparently been operating town-owned vehicles without a valid driver’s license should not expose the town to any insurance liablility, Denton said. That’s because it is the insurance carrier’s obligation to verify employees’ license information, he said, adding that the town’s carrier said that checking on Aust’s license had “slipped through the cracks.”
Denton said he has instituted a new policy as a safeguard against future problems. He plans to obtain copies of all employee’s driver’s licenses and have their status checked by the N.C. Department of Motor Vehicles every six months, he said.
In addition, Denton has implemented background checks on all employees that will allow him to check “everything from credit to drugs.”
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