Sheriff's Office Is Not On Taxpayer's Side

The Florida Times-Union
August 14, 2007

Sheriff might need cosigner for expenses

By Gordon Jackson, The Times-Union
KINGSLAND, Ga., - Camden County commissioners will consider a proposal next week that may make moot a judge's pending ruling on who controls a confiscated drug money account. -------------------------------------------------- --------------------------------------------------
Steve Berry wants fellow commissioners to immediately begin enforcing a 1995 policy requiring Sheriff Bill Smith to have a county commissioner cosign every check issued from the account. The proposal, which will be discussed at the commissioners' Aug. 21 meeting, would also require a commission vote on all expenditures from the account, which totaled about $1.6 million last year, he said.
Drug money expenditures "would have never been a debate if we followed this policy," Berry said. "It puts us in a win-win situation. If the judge says no, we're going to insist this policy be implemented."
The policy was discovered after commissioners voted to ask Smith to return control of the account to them after they recently learned some of the money may have been spent for purposes forbidden under federal guidelines. Smith has refused to comply with the request, and commissioners have asked a Superior Court judge to force him to give up control of the account.
It's unclear if commissioners ever cosigned any checks from the account written by the Sheriff's Office, but Berry said he's certain the policy hasn't been followed since he was elected to office seven years ago.
He said there are no elected officials currently in office, other than Smith, when the agreement was approved by commissioners.
"It was incumbent for him to follow this policy," Berry said. "The public would have been aware of how this money was spent."
At 1 p.m. Monday, Smith showed off a new boat bought with seized drug assets that will be used in a new marine patrol.
During the news conference, Smith said, "I wish I had never heard of seized assets."
Smith also said he didn't believe anyone in law enforcement believes that "commissioners should be in charge of seized assets."
Sheriff's expenditures
Commission Chairman Preston Rhodes said none of the commissioners was aware of the policy until County Attorney Brent Green investigated how Smith was given control of the seized drug money account.
"We are aware that protocol has not been followed," Rhodes said. "My opinion is the law should have been followed."
Berry described Smith's use of the money as a "private slush fund" that he uses to generate political support and for personal gain.
"We would not have approved trips to Las Vegas, the purchase of hundreds of automobiles we don't need, donations to his cronies, money to build a house on Cumberland Island," he said. "The sheriff would not have been able to spend the money as he pleased."
Money from the account was also used to pay jail inmates, including a convicted methamphetamine manufacturer, for labor, records show.
If commissioners approve Berry's motion, he said Commissioner Charlene Sears should not be allowed to sign any checks because she is an employee of the Sheriff's Office and has been paid an estimated $2,000 from the account.
"She should stay out of the debate, but she rarely does," he said. "She's actually shared in that money."
Commissioner Katherine Zell said she didn't know about the requirement for a cosigner but she supports Berry's proposal.
"It should have been enforced and should still be in effect," she said.
Vehicle use debate
Berry said he also plans to ask commissioners to rescind a 1995 agreement that allows Smith to drive his county-owned vehicle anywhere he wants at taxpayer expense.
Commissioners, at the time of the agreement, said Smith was on call at all times and needed his vehicle and equipment, regardless of where he was traveling.
Lt. William Terrell, a sheriff's spokesman, said Berry is "entitled to put anything on the agenda he wants."
But the proposal, if approved, will cost taxpayers more money because Smith has been driving a vehicle paid for with seized drug money. If commissioners approve Berry's proposal, Terrell said, they will have to buy Smith a car at taxpayer expense.
"They were getting a good deal," Terrell said. "Now, they will have to buy him a car."
A recent examination of Smith's gasoline credit card expenses show he took his county vehicle for many trips to South Carolina, where he has relatives. He has also traveled to Atlantic City this year, according to gas receipts obtained by the Times-Union under Georgia's Open Records Act. Those receipts show Smith spent more than $3,000 for out-of-town gas purchases on his county credit card from July 1, 2006, through May 1.
Berry called the policy allowing Smith to drive his county vehicle anywhere he pleases "ridiculous."
"Certainly, the commissioners did not intend the sheriff would use the car to go to South Carolina four or five times a month," he said. "He makes $93,000 a year; he can afford to drive his own car."
Zell agreed with Berry's proposal, saying it will not take Smith any longer to drive to Camden County in a personal vehicle than in a county car.
Rhodes said Smith should drive his own car when he leaves the county on personal business. He said it's another way Smith can reduce expenditures from the Sheriff's Office budget, which was cut by $1.3 million recently.
"We're all looking for ways to cut expenses in each county department," he said. "It's a way for him to trim his budget."
gordon.jackson@jacksonville.com,
(912) 729-3672
This story can be found on Jacksonville.com at http://www.jacksonville.com/tu-online/stories/081407/geo_191179181.shtml.


TRSP Review:
What is Lt. Terrell doing? Why would you say it is going to cost the taxpayer more money? Smith has a care now, that he can still use for police business. Why would the taxpayers have to buy him a knew car? Why?