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Hearing in sheriff’s suit postponed

By LEE WILLIAMS
lwilliams@TheCitizenNews.com

A death in the family of Assistant County Attorney Dennis Davenport prompted officials to postpone a hearing in the suit Sheriff Randall Johnson filed against the Fayette County Commission in May 2004 over a helicopter hangar.

A motions hearing now will be held at 9 a.m. July 18 in the Fayette County Probate Courtroom 1C. All four Superior Court judges have recused themselves, so Clayton County Senior Superior Court Judge William Ison is scheduled to preside over the proceedings.

A motion to compel discovery is currently on the table in the case that has sparked bad blood between the Sheriff’s Department and the county commission.

The case began when the county commission indicated in an April 29, 2004 letter that they intended to remove a building erected by the sheriff’s office in the sheriff’s impound lot, according to court documents.

“As you know, the Board of Commissioners is responsible for all county assets including real estate,” the letter stated. “The board would not have permitted a building at this site had approval been sought ... ”

The letter further stated that the building was to be removed June 1, 2004.

If not, the county would remove it themselves the next day, according to court documents.

The building is located next to the new justice center close to Johnson Avenue and Jimmy Mayfield Drive.

The sheriff disputes the commissioners’ authority to remove the building and he filed the instant lawsuit to prevent them from doing so.

The helicopter hangar is used to store the sheriff’s helicopter, impounded vehicles, a mobile precinct, portable high-powered sets for crime scenes, boats, a small storage building for uniforms, vests, radios and other equipment, a four-wheeler, a rescue boat, a John Deere utility vehicle, an air compressor and tools.

Sheriff Johnson retained attorney Richard P. Lindsey of Peachtree City to represent him in the matter. The sheriff maintains that the county commissioners gave them the authority to build a storage facility in 2002.

Taxpayers did not pay for the hangar, the sheriff contends, according to court documents. The sheriff used federal drug seizure funds to construct the hangar, the lawsuit said.

The commissioners filed response to that included counterclaims seeking a declaratory judgment and writ of mandamus or an order requiring the sheriff’s office to follow county purchasing procedures, put the sheriff’s federal drug forfeiture funds into the county’s accounts and utilize the county’s fleet maintenance facility for automotive repairs, rather them outside repair facilities.

Davenport and County Attorney Bill McNally was out of the office until Tuesday and could not be reached for comment when contacted Friday. Lindsey also could not be reached for comment Friday.

Shortly after the suit was filed, the sheriff filed another complaint which is included in the original suit asking the county commission to pay his attorney’s fees.

The sheriff contended the county commissioners were forcing him to use money from his operating budget to pay for lawyer’s fees for the lawsuit he filed against them.

“The Fayette County Sheriff's Office has a fairly substantial budget, but it is so because the sheriff has substantial operating expenses,” court documents show. “The sheriff should not be forced to cut back on fulfilling his duties as a constitutional officer in order to pay the attorney’s fees that the local government is required by law to pay for. Rather, the county Board of Commissioners should appropriate additional funds as necessary to cover the sheriff’s attorney’s fees without taking from his existing budget.”

The county later sent a response to the complaint and agreed to pay present and future lawyer fees.