Deputies detain county employees

Thu, 01/05/2006 - 5:25pm
By: The Citizen

Dispute rages over ownership of cars

By JOHN MUNFORD
jmunford@TheCitizen.com
and JOHN THOMPSON
jthompson@TheCitizen.com

Three Fayette County employees were detained by deputies Wednesday afternoon after they drove away from an auto dealership with three vehicles that had been traded in by the Sheriff’s Office three weeks ago.

Although county officials contend the cars were titled to the county and thus owned by the county, sheriff’s officials say they were bought with federal drug seizure funds which by law means they can only be used for law enforcement purposes.

The vehicles had been used as undercover cars, and the department routinely trades undercover vehicles out “for obvious reasons,” said Lt. Col. Bruce Jordan, director of investigations for the Fayette County Sheriff’s Office. Because the cars were bought with federal drug seizure funds, the county does not have control over them.

“The matter has been turned over to the U.S. Attorney’s Office,” Jordan said, noting that no arrests were made nor citations issued in connection with the incident.

Fayette County Commission Chairman Greg Dunn was stunned by Wednesday’s events.

“They took three county vehicles and traded those in for a new car for Bruce Jordan. Those are taxpayers’ vehicles, not the Sheriff’s Department’s,” he said.

Jordan said the initial report from the dealership was unclear about who actually took the vehicles, so deputies began looking for them. Ironically, it was Jordan himself who found the vehicles on Ga. Highway 54 near McDonough Road and followed them into the county’s fleet maintenance area along with an undercover drug agent in an unmarked vehicle and one road deputy.

“I said, ‘Get out of our cars,’” Jordan said, adding that County Commission Chairman Greg Dunn had sent a letter to the dealership asserting that the cars were county property.

“I told them Greg Dunn has no governing authority over them because they were purchased with federal drug funds,” Jordan said.

But Dunn said the three employees were greeted by more than 20 vehicles with sirens blaring and were escorted to the Criminal investigation Division.

“They weren’t even read their rights. We’re looking into this as possible illegal detention,” he said.

The three county employees, including Business Services Division Director Mark Pullium, were taken to the Sheriff’s Office to write statements about “why they did what they did,” Jordan said. Pullium did not comply with that request, although the two other employees did, Jordan added.

All three employees were later released after Sheriff Randall Johnson determined not to arrest them. Jordan said the cars were the dealership’s property and thus the dealership could have taken out criminal warrants for the employees’ arrest.

Also, one of the cars had an incorrect tag placed on it, and none of them were insured, meaning that the three employees could have at least been cited for driving without insurance, Jordan said. No citations were written, Jordan confirmed.

The three cars had a trade-in value of $21,000, Jordan said. Because they had already had their insurance coverage revoked, the cars had to be towed away, he added.

The usage of unmarked undercover cars by the sheriff’s department has been one of the disputes in a long-running disagreement between Dunn and sheriff’s officials, who have rebuffed Dunn’s request for a listing of all unmarked cars the department owns.

Dunn and sheriff’s officials have quarreled over the drug seizure money in particular, with the county moving to have all drug funds funneled to the county finance department. But the U.S. Department of Justice has determined the money must go directly to the sheriff because regulations state it can only be used by a law enforcement agency for law enforcement purposes.

Jordan said Dunn does something weekly to interfere with the Sheriff’s Office, and this is just another example. “It’s nothing but spitefulness,” Jordan said.

But Dunn said Pullium had written a letter to the auto dealer, who then told him to come pick up the cars.

“I don’t know what that dealer’s going to do since we have the cars that were used to purchase Bruce’s cars are now in our possession.”

In addition to the use of the drug seizure funds, the county and sheriff’s officials have sparred over the use of county marshals — a separate entity controlled by the county commissioners — to make arrests. Another dispute centers on the sheriff’s department constructing a large storage building on property adjacent to the sheriff’s complex in Fayetteville that used to be the site of the temporary building for the magistrate and juvenile courts. In court pleadings, Sheriff Johnson has indicated he had county permission to take over the property.

Dunn has also previously voiced his displeasure about the sheriff’s department purchasing a helicopter without notifying county officials beforehand. That purchase was also made with drug seizure funds, officials have said.

The issue boils down to following the law, says the commission chairman.

“The only time we write a letter is when we want them to follow the law, which they haven’t been doing.”

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Submitted by Ex-Gov EE on Mon, 01/09/2006 - 4:36am.

As an ex-government accountant. I have experienced very disturbing behaviors by some of our "so called" trustworthy, government officials. As an accountant I was responsible for the posting, documenting, and budgeting of county, state, and federal funds. It does not matter what the law states, it does not matter what the policy and procedures state, the bottom line is that an accountant can cover up any funds/monies spent by the department and no one would ever know. The department will spend money anyway they please, and not even the Government Auditors can find anything reported wrong in an Accounting Audit. Pretty sad, I know. After years of watching government employees lie, cheat and steal, I had enough of the internal corruption. My years of experience as a government accountant taught me two things; I have no trust or respect for our government. Our government in my mind is considered legal criminals and we are considered illegal criminals. I have never worked with so many power hungry, back stabbing people in my life. I finally resigned and moved on; I could not deal with these wrong doings any longer. I currently work for a private company as an accountant, working with honest and caring people, image that. Understand that only budgeted funds from government have to be spent on what the government initially allocated the money for. Even then, it is very easy to move funds around to cover cost, better yet, falsifying source documents and accounting books to correspond with one another works so well, that Government Accounting Auditors don't even notice. In my opinion, Dunn just wanted Johnson to share some of the drug-seized money with him. Johnson obviously did not want to share the money with Dunn, so now Dunn is trying to stir the pot, trying anything to get Johnson in trouble. It doesn't matter if Johnson did report to Dunn in regards to where this money is spent. I believe that the reports on the money spent would be fudged anyway, so why waste our time and hear more lies. As non-government citizens we will never know the truth about our government corruption and government spending, only being employed by the government, will you ever hear or see the "real" truth. Even then, there is nothing you can do except resign. If you did not do what was requested by your superior you would be terminated, if you went to authority to help stop all the wrong doings, they would nothing to stop it. Remember, our government superiors know other government superiors and they cover for one another. Voting these people out of office, I have tried, it seems that the citizens just don’t know the “real” corruption in our government, trust me, it was hard for me to believe until I saw it with my own eyes.

Submitted by liz on Sat, 01/07/2006 - 5:52pm.

It amazes me how fast we freedom lovers can turn on those who have served us so faithfully for so long. I see it happening in the media everyday, as those who once rallied behind our president to protect us are now so quick to criticize and publicize every move he makes.
Now, Sheriff Johnson seems to be the latest public official on the fryer. It makes no difference that he has served the public faithfully decade after decade. This county is still a democracy and we have had the option to keep him out of office many times. But there must be something he is doing right if we the people keep putting him back in there.
I know the commissioners must do their jobs. It is the way in which this situation was handled that is a slap in the face. It's the equivalent of your mother-in-law telling you how to raise your kids. You've done everything right by your children that you can think of but she is never satisfied. Then one day, lo and behold, she decides to take them from you while they are at school. She doesn't warn you, she just goes behind your back and takes over.
Dramatic as this scenario is, I'm sure this is the kind of betrayal that the entire Sheriff's department must be feeling right now.
How can these two entities ever work together if the big bad mother-in-law continues to take matters into her own hands??
Or what about the veteran teacher who has taught faithfully for thirty years? Then one day, the superintendent of schools comes in and decides to take back all the new school supplies she has purchased for her class because, in his opinion, it is not a good use of school funds.
Think about it.

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Sun, 01/08/2006 - 12:52am.

Ok, Liz, I've thought about it. And I don't think that there are too many of us who would tell our mother-in-law to go to hell and actually expect her to continuing paying our bills. I also don't think many of us would expect our wife to stay married to us if we treated her mother with such contempt and disrespect, even if we've had a good marriage for decades.

So what if the mother-in-law asks a lot of nosey questions and gives unsolicited advice? That's what mother-in-laws do. You don't have to do everything she says, but you can humor her once in a while. She doesn't want custody of the kids, she just wants to know that you are taking good care of them and that her money is being put to good use.

All our good Sheriff needs to do is visit with her once or twice a month, smile, answer a few questions and then go back and run his department they way he wants to with all that money she’ll give him. Or, he can continue holding his ground and get ready for one rocky, very expensive divorce, where everyone looses in the end.

Leoah


Submitted by hal torrigan on Sat, 01/07/2006 - 7:43pm.

With your rationale, your hypothetical school teacher who has taught for 30 years and refuses to learn the internet or to share her curriculum should be given a full "pass" and just left alone.

With your rationale, we should re-elect our State School Superintendent even though after four years we remain 50th among all states in education.

No--- if Randall Johnson is against open government and modernizing his departments (and at least making the jail secure) then he, too, deserves a gold watch, a retirement dinner and lots of time fishing.

Submitted by liz on Sun, 01/08/2006 - 4:15pm.

This scenario had nothing to do with the competency of our current superintendent. You missed the point. In the scenario the veteran teacher represents our sheriff and the superintendent represents our commissioners. Yes, both the superintendent of schools and the board of commissioners must oversee their respective agencies but they can trust those appointed employees to also do their jobs. A student teacher and a rookie deputy may need to be watched with a close eye but a teacher and a sheriff who have been at it for their entire adult lives can be trusted to do what's best for their agencies.
The bottom line is that the commissioners did not go to the source. They went behind the source's back. If they really were sure they were doing the right thing then why did they go straight to the dealership to take the cars instead of confronting the sheriff's department directly.
I'm so sick of those in public service being treated like second class citizens. We have no problem throwing our dollars at the jokers in Hollywood and in the NFL who do absolutely nothing to invest in our future or our children's future. Yet those who do make these sacrifices are forced to work overtime, take part time jobs and bust their rears just to make ends meet. The commissioners have pinched back everywhere they could instead of working to lift our men in brown up and praise all that they do right.
I want to see a report of how our courageous commissioners spend every one of their dollars.
It works both ways.
The funds collected from the scum of the earth drug dealers is meant to go above and beyond what the current budget will allow. Because, hello, the current budget won't even allow for annual pay raises. How the heck is anything else supposed to be purchased?
If the commissioners take the little bit of surplus this agency is able to get then I guess we should just expect mediocre protection since we will be giving our guys mediocre tools to do the job.
Who are any of us to say what it takes to do the job the deputies and detectives need to do? We don't have a minute clue what it takes. All I know is that Fayette County can boast being one of the safest placest to live in this country and I don't think it got there through poor leadership.

Submitted by historybuff on Sun, 01/08/2006 - 12:27pm.

Where did you get the idea that Sheriff Johnson is against open government and modernizing his departments? I know one thing he is for - protecting the citizens of this county which he has done for many years. His leadership in law enforecement is one of the best things about this county. He is considered one of the best sheriffs in the state.

As for Kathy Cox, she has done a great job. She is a brillant woman. She had a huge task cleaning up her department after the previous School Superintendent got through. I don't expect her to turn it around overnight. SAT scores are only a part of the picture. Many states do not test all their students as we do. Our scores are affected by those students who don't have any desire to go on to college or even trade school. It is like comparing apples and oranges. It would be helpful if folks would find out the facts before blasting away.

tortugaocho's picture
Submitted by tortugaocho on Sun, 01/08/2006 - 12:33pm.

Life After Randall...This is a big factor. Randall has, in fact, done a good job over the years. Let's even assume that he would be acceptable in the near future. But he won't be there much longer. He is already slowing down and turning over the reins and look what's happening--- jail breaks; botched murder trials; using 20 cop cars to scare the County Finance Director. A big reason for going with a County Polic Department is the void in leadership that will follow that will be cured by opening up the application pool to all 50 states and not just 1 county. BTW--- if Randall is in favor of Open Government, why won't he open up the public records on the drug funds? Hmmmm....that's what I thought.

As for Kathy Cox---- how does staying dead last (50 out of 50) after 4 years justify re-election? We couldn't have at least climbed into the middle third? Read the AJC today--- our bad schools are scaring business away.


Submitted by momo on Fri, 01/06/2006 - 6:28pm.

If I had walked in that dealership and driven off with cars owned by that dealership, I would have been arrested. Arrests could have just as easily been made in this case. These cars are owned by the dealership.

The Federal Government allocates property seized from drug dealers to local law enforcement to be used ONLY by local law enforcement. Distributions from federal forfeiture cases are tracked by the Department of Justice, the Treasury Department and the U.S. Marshals Service. So what gives this part-time, power-hungry commissioner the right to take over the job of the Federal Government?

For those of you that somehow think it makes sense for the Commissioner to have control over how this money is spent…yea, right! I’m talking about the same commission that decided to make our Sheriffs Department among the lowest paid in the state. For a county that has been listed as one of the wealthiest in the state, that is disgraceful! If the Commissioner had his way the entire Sheriff’s patrol would be riding bicycles and wearing BB guns so there would be enough money left to plant flowers in the middle of Highway 54. Why is it that our Sheriff Deputies are among the lowest paid in the state? Could it because the County Commissioners decide the salaries? You got it…This Commission has also decided that the hard-working men and women of the Fayette County Sheriff’s Department (remember, who do this for the lowest pay in the state) don’t need a cost-of-living raise this year. I wonder if they gave themselves a raise???

Based on what I have seen so far, this commissioner has come across as an arrogant, spiteful man. The Christmas day incident nailed it for me. That leads me to believe that he cannot and should not be trusted to oversee anything having to do with the Sheriff’s Department.

mapleleaf's picture
Submitted by mapleleaf on Sun, 01/08/2006 - 7:58am.

You wonder if the county commissioners gave themselves a raise (cost-of-living of otherwise). With Dan Lakly's help our commissioners arranged for their salary to be a percentage of Superior Court judges' pay, so they get steady raises automatically. Don't worry, they've taken care of themselves.


ptctaxpayer's picture
Submitted by ptctaxpayer on Sun, 01/08/2006 - 8:27am.

eyinvest is correct; Rep. Lakly put through the bill that has automatic pay raises for the commissioners whenever there is an independent raise for the judges. This way they all get raises and the taxpayer is seldom aware.

The humorous part is that when the raises happen, the Commissioners will keep a straight face and say "Gee, we have never voted ourselves a pay raise", just like Congress says, because they too have automatic raises.

For the Commissioners, its almost as funny as when they say that they didn't raise our taxes, even though our taxes have increased every single year for the 20 years I have been here. They take advantage of the increase in value and even though they don't raise the tax rate every year, they still get a tax gain.


nuk's picture
Submitted by nuk on Tue, 01/10/2006 - 10:40am.

He's a big fan of feeding at the public trough. Like a lot of today's *conservatives,* controlling spending sounds better when you're not in office. Once there, SPEND BABY SPEND!
NUK


Submitted by Dalmation195 on Fri, 01/06/2006 - 6:27pm.

I agree that the Sheriff is a constitutional officer. Many of us have forgotten that (especially Mr. Dunn and the rest of the commission).

This is about the money trail. The money that the county commission has absolutely no control over. It gets their goat that theyu can't stick their hands into this. It seems to me that Sheriff Johnson has done an exemplary job for over two decades keeping us safe and sound. Many of you moved here for just that, and then you forget to give credit to the ones who have protected us for so long. That would be the Sheriff and all of his Deputies and Jailers who place themselves in harm's way each and every time they put on the badge.

The laws regarding the forfieted money were worded that way for a reason, to keep prying hands (just like the county commission) out of it. Chairman dunn should back off and quit wasting OUR tax dollars in a ludicrous bickering match with the Sheriff. Sheriff Johnson has done nothing wrong, and the County Commission looks rather childish about it.

Furthermore, it is not the Commissions responsibility to oversee the Sheriff's money. They can allocate money to the Sheriff for his budget, but they have no standing to say where it is spent. He can ask for 100 cars and then spend it on personnel if he chooses. That is his right as an elected constitutional officer. It is the Sheriff that must ultimately be held responsible to his constituents. Let Sheriff Johnson answer at the ballot box. I'd bet that if his name is on the ballot next go around, he will win again.

Sheriff Johnson, keep up the good work and tell all of your Deputies "Thank YOu" from all of those that will sleep warm and safe tonight.

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Sat, 01/07/2006 - 1:39am.

Oh, please! No one has forgotten the people who put their lives on the line for us everyday. They don't have any control over how the funding is spent. Helicopters, new cars and new spy toys for a few Fayette County Commandos aren't what keep us 'warm and safe'. It's all about the number of qualified officers we put on the road and making sure they are well paid, well trained, and well equipped. For that to happen, OUR tax dollars need to be allocated from the Commission to the Sheriff. If the Sheriff hasn't done anything wrong, and if he wants and needs taxpayer funding, then he shouldn't mind providing some very basic information to his constituents, even obnoxious, arrogant constituents like Greg Dunn. Make Sheriff Johnson answer at the ballot box, or in front of a judge if necessary, but make him answer.

Leoah Whineknott


Submitted by momo on Sat, 01/07/2006 - 9:17am.

What you don't understand is that this money is already carefully tracked by the Federal government. The Sheriff has to account for every penney provided to him. State law says the county commission has no rights or no business interfering with this money whatsoever.

You wrote: "It's all about the number of qualified officers we put on the road and making sure they are well paid, well trained, and well equipped."

Well paid: They are the LOWEST PAID IN THE STATE!!!
NUMBER of Qualified Officers: Very short-staffed. Not many willing to put their life of the line for that kind of money.
Well Qualified: Sheriff Johnson has does a fantastic job in making sure every officer is over-the-top.
Well Trained: YES! Much of it paid for by those same Federal Dollars...
Well Equiped: YES!...same Federal dollars.

The bottom line is that you can't assume that "knowing" exactly what the Federal government already knows will help make the streets one bit safer. In fact, my fear is the opposite would happen. The commissioner would simply reduce the Sheriff's budget in order to off-set the Federal money. In fact, why don't you ask this commission why they saw fit to take away the Sheriff's Dept. cost-of-living increase this year. I guess they wanted to make sure they kept that prestigious status of being the lowest paid Sheriff's Department in the state. That is EXACTLY why laws were put into place to keep the local government out of that money. This money is expected to be above and beyond their normal operating budget.

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Sat, 01/07/2006 - 2:13pm.

First of all, knowing the federal government tracks the funding doesn't leave me with any confidence that even two cents are properly accounted for. Second, I do not expect or want our County Commission to "interfer" with that funding, I just want them to have access to information. Third, our law enforcement officers are NOT the lowest paid in the state. If you call around and check your facts, you will find out that the pay is average with law enforcement officers working in our surrounding area.

But, Fayette County is one of the most well-to-do county's in the state. We deserve and expect our law enforcement officers to be the best staffed, paid, trained and retained. We SHOULD have the best, but we don’t have the have the best.

In order to have the best, we need to pay our officers more money and provide them with better training and equipment. Since confiscated funds CANNOT be used for staffing purposes (or for cost-of-living raises), then obviously, the Sheriff needs to convince the Commission to provide the funding. And, before the Commission provides the funding, I EXPECT them to ask and receive answers to some basic, finance relevant questions. In fact, any one of us, (including Johnson’s lowest paid employee) should be able to ask Sheriff Johnson for and receive a copy of his budget and financial statements, including a complete list of the department’s assets and liabilities.

Leoah Whineknott


Submitted by Investq on Sat, 01/07/2006 - 9:44am.

Wouldn't it be great if we had a Fayette Snopes version to weed out the "urban legends" propagated by clowns like "Momo" who create a screen name yesterday and exude ignorance.

THREE STATEMENTS---THREE MYTHS

"...this money is already carefully tracked by the Federal government. [FALSE] The Sheriff has to account for every penney provided to him. [FALSE] State law says the county commission has no rights or no business interfering with this money whatsoever. [FALSE]"

Snopes.com would say "false" and no more believable than the Wally Pipp headache.

Dunn 3 ; Little B.J. 0.

Submitted by historybuff on Sat, 01/07/2006 - 11:39am.

Can you back up your claim that those statements are false? Where did you get that information? Have you talked to the Feds? Do you have anything in writing?

Submitted by momo on Sat, 01/07/2006 - 9:38pm.

They are siting regulations regarding State funds...funds from property seized by the STATE. This whole case is around Federal funds...property seized by the US Gov. (perhaps with the cooperation of State/Local law enforcement). Each entity has their own regulations. Overall, the State regulations are much more linient and don't really require a full accounting of how the money is spent. Not so with Federal funds. See the post below entitled, "Yea...What's wrong with MOMO". It gives you the link to the Federal guidelines.

nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 2:37pm.

http://www.dca.state.ga.us/dcawss/query/default.asp

NUK


nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 2:46pm.

http://www.georgiaencyclopedia.org/nge/Article.jsp?path=/GovernmentPolitics/Government/StateGovernment/BudgetingandFinancing&id=h-1402

under NonTax Revenue. Counties MAY be entitled to confiscated proceeds BUT GENERALLY must be used for law enforcement. It doesn't say ALWAYS nor does it state that the County can't even know about it or control it. That's what Randall the Ancient may like to believe but that's not what it says.

NUK


Submitted by Investq on Sat, 01/07/2006 - 5:27pm.

And any other races...

Submitted by Investq on Sat, 01/07/2006 - 5:27pm.

OK...NUK was pretty right on during this last election with what the voters were thinking. We gotta tip the hat. For those of you that don't remember, NUK stands for "Nobody you know". Cool.

So, NUK, do you have any opinions on the political waters facing the candidates coming up including the commissioners, sheriff, courthouse crowd, etc ???? What about this special Commission race in March ?

Since I am asking for your opinion I will give one in return. Fayette is a predominantly white, Republican county. I say that there is no way a hell a Democrat can win but that a minority can. Emory Wilkersen is a conservative corporate lawyer. He could be the first black commissioner in Fayette. Agree? Disagree? That would be such a wonderful--- a conservative, black candidate wins countywide and destroys the whole argument behind the need for district-wide voting.

nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 7:45pm.

I think Wilkerson has a fairly good chance of winning. It would be fantastic for the Republican Party. If he were a Democrat, he'd have no chance at all.

I wouldn't want to be a commissioner up for re-election because people are fed-up with the theatrics and drama sort of like they grew tired as hell of Steve Brown and his noise. Fayette County Commission is starting to resemble the not-so-good days of guys like Shellnut and Sprayberry. I sense the same with the arrogant school board.

The people want officials to be workhorses, not showhorses, to borrow George Busbee's old line. Take care of business and let your actions speak for you instead of grandstanding and insulting everybody's intelligence.

NUK


nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 3:05pm.

or anyone else for that matter. Look it up and read it if you want to know about confiscated stuff and what happens to it HERE:
http://www.legis.ga.gov/legis/2003_04/gacode/16-16-2.html

Pay attention to THIS SECTION within there that states:
(B) Any local law enforcement agency receiving property under this subsection shall submit an annual report to the local governing authority. The report shall be submitted with the agency´s budget request and shall itemize the property received during the fiscal year and the utilization made thereof.

Now, what exactly is the confusion on all of this? I realize that it's a Dunn vs. Randall/Jordon whizzing contest that appears to be beyond childish, but this doesn't seem like a murky matter requiring lots of lawyers.

NUK


Submitted by historybuff on Sun, 01/08/2006 - 11:47am.

You are mixed up. You are quoting Ga law not Federal. This money is Federal and thus overseen by the Feds. Rest assured that the Feds are aware of this problem and if Sheriff Johnson were in the wrong they would come down on him. The Sheriff has been receiving and accounting to the Federal Government (which overrules the State) for these funds for many years.

nuk's picture
Submitted by nuk on Tue, 01/10/2006 - 10:38am.

How exactly do you know that Randall has been accounting for funds to the Federal government? Have you seen the documentation proving that? The County Commission hasn't either.

There is no conflict between Federal law and State law on this issue at all. Federal law says nothing about sheriff's departments and it says nothing about any accounting required by a sheriff's department. Neither does the Attorney General's opinion on seized funds.
NUK


Submitted by fayetteobservers on Tue, 01/10/2006 - 11:46am.

Look at the root of this issue--- the Sheriff's department refuses to provide financial info to the Commissioners. Neither federal nor state law prohibits the Sheriff from sharing this financial documentation with the public. There is no reason at law for them to refuse. They just don't want the public to see those records. They could if they wanted to. Why not release it all ?

This whole incident is about getting a new car by trading 2 or 3 older ones in and playing politics with the favored ones getting new cars.

Submitted by anonemessys on Tue, 01/10/2006 - 3:02pm.

No deputy sheriff should ever trade in cars. The Sheriff should have the county buy new vehicles and then decide who gets them. Get law enforcers out of the money business immediately. Someone elected should enforce the law: someone appointed should administer money.

Submitted by Concerned Citizen on Tue, 01/10/2006 - 5:48pm.

Law officers enforce the law but can't be trusted with the money? You can't trust cops to handle the money? Why? If anything, the cops should handle more money, I TRUST them!

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Sat, 01/07/2006 - 3:49pm.

Thanks for posting the info.
Now, when is Randall up for re-election?

Leoah Whineknott


Submitted by susieq on Sat, 01/07/2006 - 10:09am.

What's wrong with "Momo" creating a screen name yesterday? There's no rule that says there is a waiting period before you can post.

I created a screen name today. That doesn't mean I haven't been reading all this b.s. since Day One.

picky...picky

Submitted by momo on Sat, 01/07/2006 - 9:21pm.

Gee, I thought EVERYBODY created screen names. And I sure don't remember there being a "waiting period" requirement when I signed up. I don't want to continue this on forever, so I'll just put in my final two-cents. Those of you that are citing State law...this is the law regarding STATE funds. There is a difference. If you will look at the original article, the funds were FEDERAL funds. Just so you don't go confusing people, here is the link to the FEDERAL law regarding seized property:
http://www.usdoj.gov/criminal/publicdocs/11-1prior/crm05.pdf

Since I was accused of lying, forgive me while I do a little cut and paste:
Under Part V from the link...
3. All property transferred to state and local agencies and any
income generated by this property shall be used for the law
enforcement purposes specified in the request.

Under Part VII from the link...
The Attorney General delegates the administration of the Fund to
the Director, U.S. Marshals Service under the supervision of the
Deputy Attorney General.
2. The U.S. Marshals Service shall prepare reports on the Fund in
accordance with 28 U.S.C. § 524(c) (6).
3. Pursuant to these Guidelines, federal agencies reimbursed by or
contributing to the Fund, shall provide information necessary to
prepare these reports as requested by the U.S. Marshals Service.
4. The U.S. Marshals Service shall submit a monthly financial
statement reflecting the current of the Fund to the Director,
Executive Office for Asset Forfeiture.

Part V shows that the money must be used for Law Enforcement and part VII shows how the Federal Government TRACKS this money and oh YEA...the local law enforcement must submit data showing how the funds are used. Gee, I wonder how ones foot tastes...

I don't really want to debate this any further as it is apparent everybody has their opinion. And I guess in the end both agencies are going to have to find some middle ground. It's sad that it has come to this.

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Sun, 01/08/2006 - 12:04am.

You posted good information, but it clearly states that they are ‘guidelines’ "not intended to have the force of law." But, regardless of what the law does or doesn't say, I agree that it is sad that it has come to this. This isn't good for anyone.
Leoah


nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 11:43pm.

:Under Part VII from the link...

:2. The U.S. Marshals Service shall prepare reports on the Fund in
:accordance with 28 U.S.C. § 524(c) (6).

Does not state anything about state or local agencies.

:3. Pursuant to these Guidelines, federal agencies reimbursed by or
:contributing to the Fund, shall provide information necessary to
: prepare these reports as requested by the U.S. Marshals Service.

The Fayette County Sheriff's Dept is NOT a federal agency. Where on any of the 25 pages of guidelines does it say anything about state and local reporting of federal confiscated funds or property?

:4. The U.S. Marshals Service shall submit a monthly financial
:statement reflecting the current of the Fund to the Director,
:Executive Office for Asset Forfeiture.

The US Marshals submit a statement of what funds they dispersed and to whom, NOT the local law enforcement agency.

Did you miss the first page also that states these are guidelines in any event?

"These Guidelines are not intended to create or confer any rights,
privileges or benefits on prospective or actual claimants, defendants or petitioners. Likewise, they are not intended to have the force of law.See United States v. Caceres, 440 U.S. 741 (1979)."

NUK


Joey Jamokes's picture
Submitted by Joey Jamokes on Sat, 01/07/2006 - 10:51pm.

That's a shame, MoMo...It's DELETED and WARNED like you that compromise the rule of law. Just beat your drum until the other side caves in. You said:
"Both agencies are going to have to find some middle ground." The bottom line is that there is a clear way on how this money should be handled. Your answer is "Heck, let's just spread it around." That is scary.


Submitted by liz on Sun, 01/08/2006 - 3:47pm.

Joey you really make your point well by using words like "whore" to attack a fellow citizen. Thank you for opening all of our eyes to see the light. I was confused before but your brilliant post really cleared things up for me.

Submitted by susieq on Sat, 01/07/2006 - 11:16pm.

Your post makes no sense, Joey. Momo didn't say "Heck, let's just spread it around." Those must be your words since I can't find where Momo said them.

When Momo says "Both agencies are going to have to find some middle ground," it makes me think that the Commissioners and Sheriff's Dept. are going to have to find some middle ground. What EXACTLY do you think it means? Finding middle ground and spreading it around are two different things.

Submitted by susieq on Sat, 01/07/2006 - 10:39pm.

You tell 'em, Momo. You're right when you say "everybody has their opinion" -- wrong as they are.

I have never seen so many bloggers in one place who are so misinformed or state opinions on things they know nothing about.

Thanks for the correct info.

nuk's picture
Submitted by nuk on Sat, 01/07/2006 - 11:29pm.

Everyone is entitled to his/her own informed opinion.

NUK


Submitted by 1bighammer on Fri, 01/06/2006 - 10:49am.

Greg Dunn needs to get over himself and let Sheriff Johnson and his men do their jobs. If the U.S. Department of Justice has determined the money must go directly to the sheriff because regulations state it can only be used by a law enforcement agency for law enforcement purposes. Then the almighty Greg Dunn needs to leave it alone.

Submitted by Sailon on Fri, 01/06/2006 - 1:54pm.

Spend drug money on law enforcement but shuttle it through the county offices just as all the money the Sheriff spends is done. Terrible mistake to let officers spend money unsupervised. Remember the old highway sheriffs of old?

Leoah Whineknott's picture
Submitted by Leoah Whineknott on Fri, 01/06/2006 - 1:06pm.

No, Bruce Jordan needs to get over himself and let our County Commissioners do their jobs. The County Commission is responsible for allocating funding to the Sheriff's Department and they have every right to ask questions and expect answers to ensure financially sound decisions are being made. I WANT them to ask those questions and I EXPECT them to get answers.

I have no problem with the confiscated funds going to directly to the Sheriff’s department and those funds being used to fight crime. That isn't the issue. The problem is that Sheriff Johnson needs to start communicating with our elected officials so they can work together to ensure proper funding for the Sheriff's Department and apparently he can't do that with Bruce Jordan running-amuck and pissing everyone off.

Leoah Whineknott


mapleleaf's picture
Submitted by mapleleaf on Fri, 01/06/2006 - 8:24am.

All of this business about sheriff's cars bought with drug money provides great entertainment. It's standard advice in all crime novels that you "follow the money," so we have a classic here. The main problem I see is that we, the taxpayers, will be presented a bill for "services rendered" by the time this is all over (which will take a long while, I bet), and that will be less entertaining. But meanwhile we'll be entertained by politicians telling us how hard they are working at curbing frivolous lawsuits, and so the merry-go-round will continue. It's always the little guy who ends up getting hurt in matters like this.


Leoah Whineknott's picture
Submitted by Leoah Whineknott on Fri, 01/06/2006 - 12:36am.

Who is ready for Bruce Jordan and Greg Dunn to stop this ‘spitting’ contest? We didn’t elect Sheriff Johnson to let the inmates or his subordinates run the asylum. So, Bruce, please shut up and go away.

If our County Commissioners aren’t privy to the Sheriff Department’s financial information, then why not and who is?

How can they possibly expect the Commission to turn over taxpayer dollars for new cars and equipment, when they won’t even share information showing how many cars they own in the first place?

I’m all for supporting public safety in our community, but our Commissioners are right to be asking the questions they are asking.

Sheriff Johnson, please don't hide behind some technicality in the law. It is time for some answers and accountability. What is really going on?

Leoah Whineknott


ArmyMAJretired's picture
Submitted by ArmyMAJretired on Fri, 01/06/2006 - 8:30am.

To quote a movie line: "What we have here is a failure to communicate.

Both parties in this pissing contest are acting like spoiled children.

If the Sheriff can not cooperate with the County, his budget needs to be reduced by what his estimated "windfall" federal funds might be.

He might decide to buy a few surplus tanks or jet fighters next.

To detain county employees seems to be an abuse of power. I wouldn't have given them a written statement either. If they were not arrested, they should have been free to leave or haver their rights read to them.

He is starting to make Boss Hog and the Sheriff from "Smokey and the Bandit" look like professionals.

I will vote for ANYONE that runs against him next election.


Submitted by historybuff on Fri, 01/06/2006 - 1:50pm.

Greg Dunn forgets that the Sheriff is a duly elected constitutional officer and is not under Dunn's authority. If Dunn had approached this matter in a diplomatic way, it would not have gotten out of hand. All the previous County Commission Chairmen managed to handle the money with the Sheriff's office in an agreeable manner. Of course, Randall dug in his heels. Can't blame him. Dunn tries to run over the Clerk of the Court, the Probate Judge and the Tax Commissioner - all constitutional officers. They are listed above county commissioners on the ballot which makes them above Dunn. They are all full time professionals, not a part timer like the commissioners. Why did Dunn have the Sheriff served with a law suit at home on Christmas Day? Looks like he started the pissing contest.

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