Commissioner Miller, ex-fire chief Davis face federal charges Monday

TRYON – Following former Tryon commissioner Roy Miller’s resignation date of June 1, Tryon Town Council could appoint a new commissioner to fill his seat during the town’s meeting on Tuesday, June 20.

Miller and former Tryon Fire Chief Joey Davis are also on the federal court docket for Monday, June 19, with Miller facing federal charges of federal program conspiracy, federal program fraud, extortion under color of official right and witness tampering, and Davis facing a charge of federal program fraud conspiracy, according to the U.S. Attorney’s Office.

Miller resigned as commissioner during the town’s March meeting prior to being charged in April. Davis was fired from the town in January after it was discovered he used town credit cards to pay some of Miller’s personal bills.

The federal court hearing is scheduled for 9 a.m. Monday, June 19 at the United States Courthouse, 100 Otis Street, Asheville, N.C. Both Miller and Davis’ cases will be heard in courtroom 1, according to the federal docket.

Miller is being represented by attorney Fredilyn Sison, while Davis is being represented by attorney Stephen P. Lindsay.

Miller still had more than two years left on his term.

Tryon Town Manager Zach Ollis said the board will be presented with any application for the open council seat during its June 20 meeting.

“They may elect any one they wish,” Ollis said. “They may also elect to delay the decision as they have up to 90 days from the opening of the vacancy to fill it.”

The vacancy will be filled by council’s appointment until the election in November. During this time, the appointee must file and run like any other candidate if they wish to continue to serve, according to Ollis. Filing for the municipal election in November 2017 begins in July.

Tryon’s election will be slightly different this year as a person will be elected in November to serve out the last two years of Miller’s term.

In addition, the mayor is up for re-election, as are the seats held by commissioner Bill Crowell and commissioner Bill Ingham.

“The vacancy (Miller’s) will only be a two-year seat and must re-run after two years to get back on the original schedule of that seat,” Ollis said. “Theoretically, this vacant seat could have three different people in just over two years.”

Miller was up for re-election in 2019 after winning a four-year seat in 2015. The mayor’s seat is up every two years.