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County wins order against sheriffTue, 04/04/2006 - 4:31pm
By: John Munford
Fayette County officials got approval for a temporary protective order against Sheriff Randall Johnson that would forbid him from “misuse of his police powers.” The order, granted after a court hearing Tuesday, also forces the sheriff’s department to comply with county purchasing policies and to allow the county access to 10 vehicles so their title paperwork can be completed. This is not the end of this legal skirmish between the Fayette County Commission and Sheriff Johnson, as this is a temporary order and not a final ruling. Even so, the ruling against the sheriff marks at least a temporary victory for Commission Chairman Greg Dunn in his long-standing effort to impose county purchasing rules on Sheriff Johnson in the use of federally dispensed drug seizure funds. The testimony, all from the county’s witnesses, was heard by Senior Superior Court Judge William Isom, who was selected after all Fayette judges recused themselves from the case. The sheriff presented no witnesses. Much of the testimony centered around an incident Jan. 4 when County Finance Director Mark Pullium and at least two other county employees were detained by the sheriff’s department after the county employees took possession of three unmarked vehicles that the sheriff’s department previously had traded in to Don Jackson Lincoln Mercury in Union City. Pullium testified that both Sheriff Johnson and Lt. Col. Bruce Jordan of the Sheriff’s Department told him he was “going to spend the night in jail” after 10 to 15 sheriff’s department personnel showed up at the county’s public works facility with their vehicles’ emergency lights activated. Pullium said he was taken in the back seat of a patrol car to the sheriff’s department, where he was taken to a conference room. There, after a talk with Sheriff Johnson, the sheriff agreed to release him, and a sheriff’s deputy took Pullium back to the county government’s Stonewall complex. But before he was released, Johnson said he would seek a federal indictment against Pullium, the finance director said. Pullium said regardless of whether the vehicles were purchased with federal drug seizure money, they were still county property. Pullium said he was the official who made the decision to retake possession of the unmarked cars, and that he took an unconventional route back from the dealership “because I had a feeling ... that the sheriff might try to stop us when we came back.” The sheriff’s department contends that the opposite is true: if the vehicles were purchased with drug seizure funds then they are not considered county property, so the sheriff can do as he pleases with them. “The key to our side of the story is the commissioners have no governing authority over our money. The federal government does not require the sheriff’s department to seek permission from the board of commissioners,” Jordan said in an interview Tuesday. Jordan did not testify in court. Johnson’s attorney, Jason Thompson, indicated in court that the sheriff routinely trades in unmarked cars used for undercover work so they are not easily identified by criminals. The sheriff’s department had not been authorized to dispose of the vehicles as required by county ordinance, Pullium testified. He admitted that the sheriff’s department has traded in other vehicles before Jan. 4, which was the first time he had taken steps to get vehicles the sheriff traded in back for the county. Pullium said he viewed the vehicles as being surplused. During the entire time he was detained by the sheriff’s department, Pullium said he wasn’t interrogated, wasn’t locked in a holding cell and he wasn’t threatened with physical harm. Commission Chairman Dunn testified that there were other ways to deal with the issue of switching out undercover vehicles so they aren’t identified by criminals. Citing his experience in law enforcement in the U.S. Army, Dunn suggested that some undercover vehicles could be repainted to alter their appearance. On the issue of the title paperwork for the sheriff’s new vehicles, Pullium said he told Jordan that a county finance official had to inspect the cars because the title paperwork requires a sworn statement about the mileage on the car, the vehicle identification number and other characteristics. Pullium testified that Jordan offered to do the paperwork himself, but Pullium declined, insisting that a county finance employee do the task. Dunn and fellow Commissioner Linda Wells testified about incidents in 2004 when three sheriff’s deputies attempted to serve them with court papers at their home well into the evening. Dunn said he was startled when he heard the knock on his door around 9 p.m. because he lives on a large quiet lot. He opened the door and accepted the service, unlike Wells, who admitted that she refused to open her door because it was after 10 o’clock at night and she wasn’t dressed appropriately. Wells said that the deputies shined flashlights and looked into her windows, and they even called her phone, leaving a message that she wasn’t in trouble but they just needed to serve the court papers. Wells said she still refused to come out, and at one point she saw a deputy open her unlocked back door and try to get her attention. Wells said she refused to cooperate that night “on principle.” “If they were going to be that intimidating to me as a public official, that’d be more intimidating to someone who didn’t have the public visibility,” Wells said, noting that she was officially served the papers the following morning around 7 a.m. Wells said she initially wanted to file a complaint about the incident, but after talking with County Attorney Bill McNally she decided it would not help the county’s pending lawsuit against the sheriff. Dunn and Wells testified that they had previously understood that Sheriff Johnson agreed to serve all the court papers at the county attorney’s office instead of serving them individually. At a budget hearing later that year, Dunn and Wells said Maj. Tommy Nations of the Fayette County Sheriff’s Department told them the unusual manner of serving the papers in the late evening was “payback” for an occasion in which the sheriff was served with court papers over the Christmas holidays by the county. Thompson, the sheriff’s attorney, also noted during Dunn’s testimony that at one time during the legal dueling between the sheriff and county officials, county attorneys argued that they were improperly served with court papers. Dunn also testified that he has declined to sign paperwork required by the federal government for the sheriff’s department to continue receiving funds that were forfeited in drug seizures. Dunn said he anticipated that the federal government would stop funneling those monies until an agreement could be reached between the county and the sheriff’s department in the matter, but it appeared that the feds hadn’t taken any action to stop the sheriff’s department from receiving the funds. Dunn said the paperwork would certify that the county was acting to make sure the funds were being spent in accordance with federal guidelines. “We have been concerned about purchases he was making,” Dunn said of the sheriff. “We don’t try to dictate what he’s buying, just how he’s buying it.” login to post comments |