The City of Orangeburg's former finance director pleaded guilty in General Sessions Court Thursday to a charge of embezzlement.

Sharon Fanning, 43, of 1750 Merle Dr., Orangeburg, pleaded guilty before Circuit Court Judge James Williams to one count of embezzling public funds over $5,000. The charge carries a penalty of up to 10 years imprisonment.

Fifth Circuit Assistant Solicitor Daniel Goldberg told Williams that the state will be seeking probation and restitution from Fanning. James Walsh, the city's attorney, disagreed with the recommendation.

"I've been directed by City Council to inform the court that the city does not concur with the state's recommendation," Walsh said. "This case has been active since September of 2003 and she admitted guilt within three days of auditing."

Walsh said Fanning purchased a myriad of items -- a computer, outdoor furniture, a vacuum cleaner, Christmas decorations, a karaoke machine -- and alleged that she maxed out the city's credit card and paid the difference on some items with her own credit card.

He further alleged that once the city started investigating Fanning, she had another city employee attempt to cover her trail.

He said the city indicated to Fanning's attorney, Andrew Savage III. that if she admitted guilt and paid restitution of $27,500, the recommendation of probation would not be opposed.

"It's been continual denial on Fanning's part," Walsh said. "So, we consider this a partial plea of guilty."

Fifth Circuit Solicitor Barney Geise stepped up to dispute Walsh's comments. Geise's office handled the prosecution at the request of the First Circuit Solicitor's Office.

"I met with city officials they all agreed with this recommendation," Geise said. "I want to put on record that everyone at the meeting agreed at that time with probation and restitution."

Geise surmised in open court that city officials changed their minds when they realized that Fanning was entitled to a restitution hearing. He explained later that in a restitution hearing, the judge decides on the amount due to the injured party.

"We agreed with restitution and probation," Walsh said, "but we always maintained that restitution had be to $27,500."

Williams suggested to the attorneys that they should get together and narrow down the issues for the court prior to the restitution hearing.

"The only question is the amount of restitution," he said. "I'll impose restitution after the restitution hearing."

Williams ruled that Fanning should remain on her original personal recognizance bond until the date of sentencing. No date has yet been set for the restitution hearing.

Outside the courtroom, Savage addressed his concerns about the case.

"It's unfortunate the way the city has handled this case, " he said. "She has accepted responsibility from the beginning. We want documents to support what they say she embezzled. We believe that some of the charges aren't hers. The checks and balances in the city at that time were evidently pretty 'loosey-goosey.'"

Geise said "As the judge said, she is entitled to a restitution hearing.

"My job is to see that she gets justice and that's what I'll do. She pled to embezzlement because it is a serious offense. It carries up to 10 years and is classified as a serious offense covered by the three strikes law."

Geise said many people around the state with charges like Fanning's are eligible for pretrial intervention, but he said it is not his policy to offer pretrial intervention for embezzling public funds.

T&D Staff Writer Thomas Brown can be reached by e-mail at tbrown@timesanddemocrat.com or by telephone at 803-533-5532. Discuss this and other stories on-line at TheTandD.com.

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