Sheriff Must Resign

The Florida Times-Union
June 24, 2007Cumberland Island project draws questions over labor
By Gordon Jackson, The Times-Union
CUMBERLAND ISLAND, Ga., - Inmate labor from the Camden County Jail is being used to build a structure on Cumberland Island without a building permit, and without an explanation from the Sheriff's Office about why jail trusties are working at the site. -------------------------------------------------- --------------------------------------------------
Construction began in March without National Park Service knowledge or permission, as required by the agency.
The project comes in the wake of several instances of questionable use of inmate labor. County officials have criticized the Sheriff's Office in recent months for lax oversight of trusties outside the jail.
Jerre Brumbelow, superintendent of the national seashore, said he learned about three months ago that inmates from the county jail were building a structure on a tract on the west-central side of the island occupied by retired physician Ben Jenkins.
A Times-Union reporter and photographer recently visited the site and saw at least one trusty in jail clothes working outside.
Sheriff Bill Smith has declined to comment on the use of inmate labor. His chief spokesman, Lt. William Terrell, reiterated that neither the sheriff nor any others in the Sheriff's Office would comment.
Brumbelow said Jenkins told him he was building an addition to his house. Brumbelow acknowledged he gave his permission about two months ago for the project to continue. "But he didn't have it [permission] when he started."
Brumbelow said he also told Jenkins he had to get a Camden County building permit. But a permit still hasn't been filed with the county.
The project continues, but perhaps not for long. Brumbelow told the Times-Union that the National Park Service plans to investigate the matter.
Loretta Hylton, director of the county's planning and building department, said she plans to discuss the issue with the county attorney.
The project is on federal property, where Jenkins has temporary permission to live.
"I have to make sure there's nothing the county has exempted them from," Hylton said. "I really don't know anything. I'm trying to find out."
Hylton said people building without a permit in the county are typically issued a stop-work order until they pay a double fee for a permit as a penalty for not applying for the appropriate paperwork.
Jenkins could not be reached for comment because he has no listed phone number and his property has a "private road" sign posted.
Brumbelow said he decided to allow construction to continue because the structure includes handicap access and the building could eventually be used by the National Park Service. Jenkins is required to move off the island in 2010, after his retained rights agreement to live on the island expires.
Retained rights agreements were signed by every property owner on the island after it was designated a national seashore in 1972.
The agreement
Basically, the agreements stipulate how long individual residents can live on their property before the federal government takes possession. Each owner, however, was paid for the property in full at the time of the agreement.
Brumbelow said he believes Jenkins thought he could remain on the island after 2010, if he built the structure and donated it to the Shepherd Center, an Atlanta-based medical facility specializing in treatment of people with spinal cord injuries.
"I believe that was his original intention [in building the structure]," Brumbelow said. "Doc [Jenkins] seems to think someone in Congress will wave a magic wand and allow him to stay. There is no legal basis for this."
James Shepherd, founder and chairman of the Shepherd Center, explained his organization's role in the project.
Shepherd said Jenkins offered to donate some of the land he is living on to build an addition to his home that would be used by patients with disabilities to stay on the island. In return, Jenkins offered to act as caretaker of the facility, but would not treat any of the visitors.
Shepherd estimated it would cost about $60,000 through donations to the nonprofit organization to build a two-bedroom addition, a great room and kitchen for visitors.
Patients would stay at the clinic about six months, mostly during the spring and fall when weather is comfortable for patients.
Shepherd said he was unaware that no building permit had been issued or that the property will revert to the federal government in 2010.
If his patients won't be able to use the building after 2010, Shepherd said he is happy to learn that Brumbelow plans to let handicapped Park Service employees use the structure.
Unanswered questions
Brumbelow said he tried to question Sheriff Smith about the project but received little insight.
Brumbelow cited recent publicity about problems with the trusty program at the county jail - including several escapes by inmates last year and an accident that hospitalized an inmate who crashed into a dock on a personal watercraft owned by the Sheriff's Office.
"I think he's taken such a beating over the trusties he doesn't want to talk about this," Brumbelow said.
When asked about their role with the project, Terrell declined to answer any questions about what jail inmates were doing on Cumberland Island.
He said Smith would not comment about the project and would not explain why trusties were being used to build an addition to a home on private property.
Terrell also had no comment when asked why inmates were being brought to the island on a boat with no hull identification number or any other markings.
According to Georgia law, a vessel's number "must be painted or permanently attached on the forward half of each side of the vessel in the position where it may be easily seen," along with a validation decal "on both sides of the bow before the registration number."
Brumbelow said he authorized a National Park Service barge to haul building materials from St. Marys to Cumberland Island, even though the project had not been approved by the county.
Brumbelow said Art Frederick, deputy regional director for the National Park Service, told him Friday he plans to send the chief ranger to Cumberland Island to investigate whether anything illegal is happening on the island regarding the construction project.
"The property is owned by the park," Frederick said. "If they're digging a post hole, they need to get compliance."
Hal Wright, an environmental attorney in Atlanta, said his concern with the building project is what will happen to Cumberland Island if Jenkins is allowed to remain on the island after 2010.
He said allowing a clinic to operate on the island after the property is supposed to be vacated could set a dangerous precedent.
Brumbelow, however, said he has no intention of allowing anyone who will be required to move from the island in 2010 to stay there.
Park officials are already developing a plan to determine what to do with structures on four or five tracts after residents are required to leave.
"I want them to leave in 2010," he said.
gordon.jackson@jacksonville.com, (912) 729-3672