County Commission Addresses Conflict of Interest Voting

April 23, 2019
By: Dwayne Page

Can a member of the county commission who is also employed by the county legally vote on the budget if it includes a pay raise or an increase in benefits for himself?

The short answer is “yes and “no”.

This issue was raised recently as a committee began work on developing a set of policies and procedures on how business at county commission meetings is to be conducted.

During Monday night’s monthly meeting, the commission voted to adopt the first set of policies which includes a statement addressing conflict of interest.

If a member with a conflict is voting at a full commission meeting on the approval of the entire consolidated budget as a whole (schools, road department, and general fund) he or she may vote. It’s a different story for members of the county budget committee with a conflict who vote to recommend individual budgets to the full county commission for approval.

For example, the DeKalb County Budget Committee includes five members of the county commission, Dennis Slager, Jerry Adcock, Jeff Barnes, Sabrina Farler, and Anita Puckett. Two of the members, Farler and Puckett are employed by the Board of Education as Principals and must abstain from voting in committee on the school budget if it should include pay raises or an increase in benefits for teachers and other staff. That would be a conflict of interest under the law.

“In those instances only when there is a pay raise or increase in benefits being considered in committee you (commissioners) would have a conflict in voting on any raises that would affect you. You would be conflicted out and you could not vote on that. Once it comes to the full commission you wouldn’t have a conflict as long as you are not voting on the school budget separately but as part of the consolidated budget,” said County Attorney Hilton Conger

According to the policy, which mirrors state law, “no member of the legislative body (county commission) of a county who is also an employee of the same county, or whose spouse is an employee of the same county may vote on matters in which such member has a conflict of interest”.

“A conflict of interest is created under this section when a member is voting on a matter which, if approved by the legislative body, would increase the pay or benefits of that member or that member’s spouse. The vote of any member having a conflict of interest shall be void if challenged in a timely manner during the same meeting at which the vote was cast and prior to the transaction of any further business by the body”.

Commissioners would also have a conflict if voting on a specific amendment to the budget or a specific appropriation or resolution which would increase his or her pay or benefits.

The law further states that “any member of a local governing body of a county who abstains from voting for cause on any issue coming to a vote before the body shall not be counted for the purpose of determining a majority”.

Three other commissioners, not on the budget committee, are also employed by the county including Matt Adcock(DeKalb EMS), Myron Rhody (school bus driver) and Beth Pafford (assistant principal). Third District Commissioner Bobby Johnson’s wife is also a teacher.

Those members may also vote on the “consolidated” county budget whether or not it should include an increase in pay or benefits for them or their spouse.

The commission voted 10 to 2 Monday night to adopt the first set of policies and procedures including the conflict of interest statement. Other sections of the overall document will be considered for approval in the weeks ahead as proposed by the policies and procedures committee, made up of commissioners Janice Fish-Stewart, Dr. Scott Little, Myron Rhody, and Sabrina Farler.

The commission currently has no formal guidelines on how meetings are to be conducted. The proposed document spells it out in detail to help ensure that business is transacted in a more orderly fashion.

Fifth district member Jerry Adcock, who voted against it, said new policies and procedures are not necessary.

“This county has operated since 1838 without any things written down. I don’t think there has ever been a hanging or shooting at one of these meetings. I appreciate the time you (committee) have put into it but I think it’s a little frivolous to get into this,” said Adcock.

Seventh District member Bruce Malone also voted no.

The commission made one amendment to the new policies that would call for a committee meeting of the whole commission at the “discretion of the Chairman” instead of a “required meeting” on the Thursday prior to the full Commission meeting the following Monday night.

April 22, 2019
By: Dwayne Page

The sheriff’s department has seen an increase lately of prisoners trying to sneak drugs into the jail.

Five inmates were caught within the last week and all of them have been charged with bringing contraband into a penal facility.

Sheriff Patrick Ray said 41 year old Amy Lynn Hall of Felts Road, Sparta, arrested Thursday, April 18 on a fugitive from justice warrant, was caught on a jail surveillance camera removing something from her body cavity and then flushing it down a toilet before putting something else back in her body. Before being moved to the main population cell, Hall was strip searched by a female correctional officer. The search turned up a glass pipe. Hall was charged with introduction of contraband and tampering with or fabricating evidence. Her bond totals $12,500 and she will make a court appearance on May 16.

In a separate case, 34 year old Michael Pieree Rose, another inmate at the jail, was found on April 20 with two white oxycodone pills. His bond is $7,500 and he will make a court appearance on May 9.

Meanwhile three other inmates, 33 year old Laura Beth Farris of Lebanon, 40 year old Sherry May Evans of Pea Ridge Road Liberty, and 47 year old Tammy Denise Currie of Toad Road were charged on Sunday April 21 after female correctional officers noticed suspicious activity in the women’s cell and began to investigate. During a strip search, Farris produced from her body cavity two plastic baggies, one containing a white powdery substance believed to be Neurotin. The other baggie held a crystal like substance believed to be methamphetamine.

The investigation revealed that Farris was trying to hide the drugs for Evans who had given her the Neurotin and Currie who had passed her the methamphetamine.

Farris, Evans, and Currie are each under a $7,500 bond and will make a court appearance on the charges May 2.

Sheriff Ray said recent busy court days when inmates are brought back and forth between the jail and the courthouse could be a reason for the uptick in this contraband activity.

“Our court officers do their best to secure the courthouse and keep it free of contraband but for the last three weeks there have been several days in which we have had up to three courts being conducted at the same time including two on the third floor with the General Sessions and Criminal Courts and another in the first floor courtroom. Under those circumstances it is hard to get inmates from the jail to the different courtrooms without them picking up things (contraband) left by others on the ground or courthouse stairwells,” he said.

Sheriff Ray said more manpower for his department could help address the issues.

“We are required to have two court officers per court and someone has to do the scanning (operate the courthouse metal detector). On very hectic court days we don’t have enough court officers so we have to use the chief deputy, detectives and other officers to come in and work courts.  We are hoping the county budget committee will recommend funding my request this year for extra officers and manpower to help keep this problem from happening,” he said.

“We work hard to keep things out of the jail especially drugs. From time to time we see inmates that are being booked into the jail come in with different kinds of medication or illegal substances in their body cavities as a means of trying to hide those drugs from the correctional officers in order to get them into their cell. When we find an inmate in possession of drugs in jail we arrest them again for that,” added Sheriff Ray.

April 22, 2019
By: Dwayne Page

Marlene Delong, Community Representative for the American Cancer Society, will be the featured speaker at the annual Cancer Survivors and Caregivers Reception Dinner Thursday night, April 25 from 5-7 p.m. at the Elizabeth Chapel Baptist Church Gym.

IMG_5172 from dwayne page on Vimeo.

The event is sponsored by Dr. Timothy Tobitt of Good Health Family Clinic.

Delong, a cancer survivor herself, invites all cancer survivors to attend as she relates her personal story.

“I have worked with the American Cancer Society for many years and have always been on the side of the survivors and volunteers helping provide dinners and services but October 3, 2018 I had surgery for kidney cancer. I am now a cancer survivor and once you have been diagnosed as a survivor you see things from a different perspective,” she said.

If you think something might be wrong, Delong urges you to see a doctor because early detection is important. “Whether it’s a colonoscopy or mammogram please stay up to date with your screenings and blood work to keep yourself healthy. Ask your doctor about an ultrasound or whatever he or she would recommend if you feel something is not right with you because that is exactly how I found mine. I felt like there was something wrong and she (doctor) found it with an ultrasound,” said Delong.

Meanwhile plans are coming together for the 22nnd annual DeKalb County Relay for Life on Friday, May 10 starting with entertainment at 5 p.m. at Green Brook Park. The program begins at 6 p.m. The goal is to raise $50,000 for cancer research and patient services. Last year’s Relay generated $44,729.

For more information about leading a fundraising team, sponsorship, volunteering or participating in any way, call Ivadell Randolph at 615- 597-5296, Lynda Luna at 615- 597-5837, Renee Cantrell at 615-684-2688, Gail Taylor 615-597-5936, Melanie Judkins at 615-597-1132, Marlene Delong-931-235-6286 or Eva Willoughby at 615-529-1187.

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