FOX 14 TV Joplin and Pittsburg News Weather Sports |County officials freeze sheriff's special fund

County officials freeze sheriff's special fund

Updated February 21, 2012 by Lisa Olliges:  The Jasper County Sheriff's special fund is frozen after an attorney general's opinion concerning profits from the jail commissary.

It all came to light at today's county commission meeting.

It's a financial feud of sorts that's affecting sheriff's statewide now.

The attorney general's office sent a letter to Morgan County's prosecutor saying commissary profits go the sheriff's special fund, but civil fees do not.  That is a big change from current statutes and is prompting local commissioners to take action.

Currently, Jasper County gets no profits from the sale of snacks, shampoo and other sundries at the jail.  That's because the sheriff amended his contract with Keefe Commissary Network.  He says commissioners were putting the profits in general revenue so he reduced prices on items for inmates instead.

Today, Jasper County commissioners voted to take bids for a new commissary contract and cancel the current one.  That would reinstate those profits.  Legal counsel says those monies will go to the sheriff, but he will not get civil fees that added up to $50,000 for his office in the past.

"There are no judicial opinions on it so it's basically lay people interpreting the statute that's been interpreted differently by a lawyer in the attorney general's office," says Norman Rouse, the assistant prosecuting attorney.

"I've used the sheriff's fund for everything A to Z, bought cars, repaired cars, used it for training," says Jasper County Sheriff Archie Dunn.  "It's a discretionary fund the county commission is not supposed to control."

The state Sheriff's Association is asking the attorney general's office to review the opinion sent to Morgan County prosecutors.  So is Sheriff Dunn's attorney, Bill Fleischaker, who also says he will add the issue to the lawsuit pending against the county.

It goes back to money and who's controlling it.

Updated October 4, 2011 by Zach Fletcher:  The Law Enforcement Sales Tax Committee audit is complete and comes back with good remarks.

The commission took over the fund in April and ordered an audit to make sure business was in order.

At today's Jasper County commission meeting jail improvements and the sheriff's budget were the hot issues.

The county commission has three companies looking at improvements for the jail.

Sheriff Archie Dunn says to ease some of the burden of overcrowding they are looking at plans to make the exercise pod into a women's dorm that will house 25 to 30 inmates.

Sheriff Dunn says if the commission would increase his budget by $300,000 he would be able to meet prisoner needs.

Commissioners say the sheriff should budget jail operations from his $7.2 million budget.

"The big issue was we've spent $1 million putting in a dispatch center and it's going to cost about $550,000 a year to run it and that cut his budget real bad," says presiding commissioner John Bartosh.

"Maybe a line item or two that I'm over on because of the tornado or whatever, but I'm not over my overall budget and that's the concern - is when you get over your overall budget and I am not, never have been," says Sheriff Dunn.

The ACLU has told county officials that conditions inside the jail due to overcrowding could result in a civil rights lawsuit if not corrected.

Updated September 20, 2011 by Zach Fletcher:  The Law Enforcement Sales Tax board in Jasper County, Missouri talks money distribution.

Members are working with a little more than $140,000.

The new board formed in April and wants Jasper County commissioners to approve projects that have already been ok'd by the board.

Some of the funds will go toward vehicles, computers, and past due bills.

Committee member Ken Williams says this money was supposed to be distributed months ago but the committee waited until after an audit.

"When we first met one of the things I said was it was going to be kind of like making sausage here for the first few months or so and that's what's happened, because you got a transition from a previous board to this board and that's why we had an audit done so we know what we have and here we are today," says Williams.

The board is also looking at the grant application process.

The board's next meeting will be November 15.

Updated July 12, 2011 by Lisa Olliges:  A sheriff's lawsuit against Jasper County officials draws a warning against talking to the press.

The commission's legal counsel at today's commission meeting said it's important to let the courts decide.

Yesterday Sheriff Archie Dunn's attorney filed a lawsuit contending the commission wrongly changed his budget and the makeup of the Law Enforcement Sales Tax committee (LEST).

New LEST members are also named, including Jim Woestman.  He says the committee was appointed for citizens to ensure money is spent fairly and he'll defend himself if the county doesn't cover the costs.

Woestman says the feuding between the sheriff and commission is bad for the county.

"We need harmony and a good example of harmony is just what happened in Joplin with the tornado - that town came together and worked together," Woestman says.  "And now here we're having a problem over here with some county officials.  That's not good for taxpayers.  This is not the way taxpayers want their time and money spent."

The county commissioners and their attorney, Norman Rouse, refused on camera interviews.  Rouse says the county's response will be filed in court within 30 days.

Updated July 11, 2011 by Lisa Olliges:  The battle continues over Law Enforcement Sales Tax money and a new committee in charge of spending that money.  On Monday Jasper County Sheriff Archie Dunn filed a civil suit against county commissioners, the county auditor, and members of the new Law Enforcement Sales Tax Board.

The suit alleges county commissioners violated state law by making changes to the sheriff's approved budget.

Sheriff Dunn also alleges the new board made payments from the sales tax fund above and beyond the money which was allocated.

An attorney for the sheriff says commissioners went too far.

"What the commission did was they chose to pay against the principal of two note instead of interest only, which Sheriff Dunn had obtained an agreement with Southwest Missouri Bank to do, and they substituted their judgement for his, even though they had voted and approved a budget which said you can pay interest only, they go 'oops, no that's bad business' - well it's none of their business," says attorney Richard Crites.

The law enforcement sales tax was passed by voters in 2005.  According to the measure originally adopted by the county the sheriff would be in charge of the board and the money raised by the tax.

Last April county commissioners took over the board and appointed new members.

Updated April 19, 2011:  The county commission has named a new committee to decide who gets grant money from the Jasper County Law Enforcement Sales Tax.

Commissioners at their meeting today appointed five people from across the county saying it will give the committee more transparency in granting funds:

• Joplin finance director Leslie Jones
• Brian Christmas, a former police officer
• Stan Heater, a grant writer
• former Carthage Mayor Jim Woestman
• Doug Crandall, an attorney.

The group will meet at the commission office.

The sheriff contends voters wanted his department to help decide how the money is granted to other police departments.

But Commissioner Darieus Adams says they are in no way violating the will of the people.

"The ballot language was very clear - very clear - the tax passed - 90% goes to him, his direct control, 5% aside in fund for prosecuting attorney and the 4.2% goes into this grant pool so it's completely outside what was going to him," says Commissioner Adams.

Updated April 15, 2011:  Frustration boils between the sheriff of Jasper County, Missouri and county commissioners over who now controls the county's law enforcement sales tax fund.

The county wide sales tax funds grants for local law enforcement agencies.  The tax was passed by Jasper County voters in 2005 and according to Commissioner John Bartosh the fund currently has around $300,000 in it, and generates roughly $155,000 each year.

The grant money is distributed to local law enforcement agencies who apply.

Sheriff Archie Dunn says voters had the assumption the grant money would be controlled and distributed by the sheriff's office.

The sheriff had been in charge of that grant board, until yesterday when county commissioners took it over.

Commissioner Bartosh says he's heard several complaints from people that there's been a lack of accountability.

Sheriff Dunn says he's never heard issues of concern and adds there's a personal agenda against him.

"There's two or three people that have personal grudges I guess against me, and I'm taking it personal," says Sheriff Dunn.

"There are some law offices that felt they didn't get along with the sheriff good enough," says Commissioner Bartosh.  "They said 'there's no use in us applying for it' and we want it to be fair for everybody, and we're going to make it fair."

"There have been several things done by the commission, the auditor, in the last several months that I questioned," says Sheriff Dunn.  "Whether it was proper, or above the table or not, and I have put hiring an attorney off and I'm at the end of my road.  I'm going to hire one now to give me some legal advice."

Sheriff Dunn expects to have a plan of action from his attorney sometime next week.

One department that has received grant money is the Carl Junction Police Department.

Police Chief Delmar Haase says he has no specific opinion on the takeover but says in the past there has been miscommunication over how money is being used.

"One of the things I've run into has been most of the grant over the last several years have been for technology, first, and some of the agencies, including mine, are about as much technology as we can handle," says Chief Haase.  "It might be time to start supplying basic police needs."

Reported April 14, 2011:  A heated debate brews between the Jasper County Sheriff's Office and the Jasper County Commission.

The county commission now controls the sheriff's office Law Enforcement Grant Fund.

Prior to today, Sheriff Archie Dunn controlled the grant money.

The fund uses county-wide sales tax revenue that goes into a county grant fund for local law enforcement agencies.

County commissioners say they were receiving complaints from people saying they did not feel the fund's board had enough accountability.

Sheriff Dunn says he disagrees with the county commissioner's decision and has hired an attorney to challenge the move.

Last year there was $160,000 in the Law Enforcement Grant Fund.