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Candidate profiles

Democrat candidates

Steve Buchanan, 50, Bryson City resident, owner of a construction company

“Most of the thefts relate back to drug use, people stealing to pay for their drug habit, and I feel that it’s at a point now where it has to be stopped in its tracks.”

Buchanan has more than 16 years of law enforcement experience, including six years as an undercover narcotics agent and five years in supervisory positions. Buchanan has also served as a Swain County jailer for about seven months.

Buchanan is running because he believes he has the law enforcement experience, especially in narcotics, to help reduce crime in Swain County.

“I think we’re at a crossroads now in our county...If we don’t elect somebody with experience in law enforcement, then our quality of life in Swain County is going to be affected.”

For more information: www.stevebuchananforsheriff.com.

 

Chuck Clifton, 60, Bryson City resident, security officer at Harrah’s Cherokee Casino

“There is no substitute for education, and experience brings education. When you have experienced leadership, that education can funnel all the way down to the lowest man.”

Clifton retired from more than 27 years of law enforcement experience in 2003. Clifton served as interim chief of police in Florida, and he has supervised as many as 48 officers. Clifton has worked in everything from narcotics to investigations to agricultural crimes to patrolling.

Clifton has also taught at a police academy in Florida and would like to bring more education to deputies. “I would like to see the residents of Swain County be able to say I’m proud of our Sheriff’s Office. They are well-educated, they know how to handle things.”

John Ensley, 42, Bryson City resident, owner of Yellow Rose Realty

“Not only am I going to ask the people to be involved in our community, I’m going to expect it.”

Ensley has 17 years of experience as a business owner in Swain County, has been a Sunday school teacher and coached youth sports.

Ensley is also certified with the Florida Department of Corrections, a North Carolina certified law enforcement officer and president of his B law enforcement training class. He worked as a jailer in Florida and for Swain’s Sheriff’s Office for nearly two years.

He would like to bring a businessman’s approach to the Sheriff’s Office, especially when it comes to the $10 million jail that’s now sitting half-empty. “We need some entrepreneurship in there to grow that.”

Ensley’s first priority is to eliminate the drug flow into Swain County and into the school system. His second priority is to rebuild a relationship between law enforcement and the community and restart a community watch program.

For more information: www.ensley4sheriff.com

 

Steve Ford, 51, Bryson City resident, retired law enforcement officer

“If you’re going to put a badge on them, which in reality is a target for a criminal, you’ve got to pay them.”

Ford has 24 years of experience as a law enforcement officer in Florida, including as a deputy, investigator, sergeant and lieutenant.

Ford said he’s running because he sees a lack of trust between the citizens and the current sheriff’s office.

“I want to make sure that citizens know when they call in a complaint, no matter whether it’s a barking dog or a burglary, we’re going to respond.”

Ford would also like to set up a volunteer community watch team, and has already assembled a team of retired law enforcement officers in Swain County with more than 100 years of combined experience. With their expertise, Ford will pursue grants to work on the drug problem.

“You gotta know where to tap into the assets. Unfortunately, our taxpaying dollars in Swain County is not the right place for all of it.”

For more information: www.fordforsheriff.com

 

Mitchell Jenkins, 52, Whittier resident, self-employed logger

“I’d like to make Swain County be appreciative and proud of their Sheriff’s Department. I don’t feel like it is right now.”

Jenkins has nine years of law enforcement experience, including eight years as chief deputy in Swain County and one year in the Bryson City Police Department. Jenkins is running because he’d like to establish a better working relationship between the Sheriff’s Office and the public.

“The politeness of your officers when they’re addressing people goes a long way in getting people to confide and trust the department.”

Jenkins said he’d also respect the confidentiality of those who phone in tips to the Sheriff’s Office.

“You gotta earn that confidence...or you won’t get no information to operate on.”

 

Julius Taylor, 37, resident of Big Cove community, Cherokee Police officer

“To make sure occupants are in there, always have the vacancy sign out and not take reservations.”

— On Swain County’s oversized jail.

Taylor has worked for the Cherokee Police Department for almost 16 years and has also worked for the Swain County Sheriff’s Office. His experience includes being a supervisor for 12 years and an administrator for three years. Taylor has had training from the U.S. Interior Department, the FBI, the SBI, and the North Carolina Justice Academy, where he has trained officers.

Taylor’s goal is to work together with surrounding communities to jointly combat the drug problem.

“When you enforce so hard in one jurisdiction, you push it from your yard into somebody else’s...It’s such a deep-seated problem, but all you hear are surface solutions...I’m not the surface solution type of person.”

 

David Thomas, 56, Bryson City resident, general contractor

“If somebody sued me, I’m not going to sit down and have lunch with them.”

— On the commissioners’ testy relationship with Sheriff Cochran after he filed a lawsuit against them.

Thomas has worked in law enforcement in Swain County under three different sheriffs for almost two decades.

“My priorities are to see if I can’t do something with the drug problem with our kids around here.”

Thomas would also like to work closely with local people as well as those from surrounding counties.

“You gotta get along with everybody...You gotta go out and talk to the people, talk to our other counties, get along with their sheriffs...You can only do what the people let you.”

*Democratic candidate David Franklin was unable to participate in an interview with The Smoky Mountain News for this article.

 

Republican candidates

Curtis Cochran, 57, Bryson City resident, current sheriff

“We hear criticism every day. When it comes down to the final vote, we’ll see how the voters of Swain County act, if they think I’ve done a good job or a bad job.”

Cochran has worked in heavy construction for 22 years then served as the county facilities manager for 12 years until he was elected sheriff in 2006, narrowly ousting the sitting sheriff at the time. Since being elected, Cochran has attended a sheriff leadership institute, is a member of the North Carolina Jail Administrators’ Association, and has received certificates from a North Carolina Justice Academy identity theft seminar.

“My number one priority is to continue the fight on drugs that we’ve been very aggressive with.” Cochran said his office has a zero tolerance policy on drugs and has made 728 drug arrests since December 2006.

Cochran emphasizes that he’s the only candidate who has experience as Swain County Sheriff.

“I’m local, I know the people, they know me. They know they can come see me.”

 

Wayne Dover, 36, graphics designer, Bryson City resident

“The sheriff is a political figurehead. If he surrounds himself with good officers, then his job is simple.”

Dover served as a Swain County deputy for four years, and has experience being a detention officer, a patrol officer, a dispatcher and part of courtroom security with the U.S. Marshal Service.

Dover would like to see stiffer penalties for drugs, including more jail time rather than probation periods. “If they’re found guilty of a drug offense, then we need to take their money, their cars, their homes — give them a reason to leave. If you take enough of their toys, enough of their money, they’re going to go somewhere else.”

Dover says he’d also like to set up an explorer program for young adults to ride with officers and learn about a career in law enforcement.

The elected sheriff: Medieval tradition shows flaws in modern times

“It’s the oldest constitutional office in the state,” said Eddie Caldwell, executive vice president of the North Carolina Sheriffs’ Association. “We had sheriffs in North Carolina before we had counties.”

Just because something is old, doesn’t mean it’s good. Increasingly, critics of the sheriffs’ office have wondered whether it should still be an elected position and, if it must be, whether it should require law enforcement training.

But defenders of the sheriff’s office think it’s a crucial part of state democracy.

The word “sheriff” –– derived from “shire reeve” –– is a holdover from America’s colonial past and has its roots in medieval England. Shires, or local government units, were overseen by three officials: the earl, the sheriff, and the bishop.

In North Carolina, the sheriff is written into the state’s constitution as an elected office.

Across the nation, popular election is the almost uniform means of selection of the sheriff. Sheriffs are elected to four-year terms in 41 states, and the race is partisan in all but one.

According to Fred Wilson, director of the National Sheriffs’ Association, only 20 of the country’s 3,083 sheriffs are not elected. Wilson believes sheriffs should be elected to preserve the democratic process.

“We believe the people should have a choice in who provides for the public’s safety,” Wilson said.

Whether sheriffs should be elected or not, most agree there should be minimum requirements for who can run. In North Carolina, even a convicted felon can run for sheriff, and this year, six candidates around the state are doing just that.

In addition, sheriffs aren’t required to have any law enforcement training or experience, despite serving as the county’s top law enforcement official.

Robert Joyce, a lawyer and faculty member at UNC- Chapel Hill’s Institute of Government, said it’s up to the state constitution to spell out requirements for elected office.

“If you meet those qualifications, you are eligible to be elected,” Joyce said.

There is only one criteria currently imposed for elected officials: they must be eligible to vote for the office they seek to hold. In North Carolina felons who have served their full sentence regain their right to vote and, therefore, to serve as sheriffs.

To require additional credentials, the state would have to amend its constitution.

Eddie Caldwell likes the system the way it is, except for the part about felons.

“The Sheriffs’ Association believes the best arbiter, the best decision-maker of who ought to be sheriff are the residents of the county,” Caldwell said.

Caldwell said the office’s basic requirements are integrity and the ability to provide leadership. Because the separate skills associated with today’s sheriff’s departments are so varied, law enforcement experience can’t be the basis for election.

“There’s a variety of experience that is necessary to successfully serve as sheriff,” Caldwell said. “And we believe the people should decide who they think has the right combination of skills.”

That apparently didn’t work out so well in Buncombe County, however, where voters re-elected Sheriff Bobby Medford despite his underground dealings in an illegal video poker racket, which he was eventually sent to jail for.

As for felons on the ballot, Caldwell said the sheriffs’ association supported a bill it lost by a vote in the General Assembly last year that would put forward a constitutional amendment to ban them from the office. The association plans to lobby for it again this year.

John Midgette –– executive director of the North Carolina Police Benevolent Association, which represents 4,500 police officers around the state –– thinks the office needs more updating than that.

“It’s a system that’s archaic and dates back to when we were a colony of England,” Midgette said. “While many sheriffs are fine individuals, we have a system in this country that essentially defies the checks and balances system.”

Midgette believes the first step in reforming the office is to ban felons, but he also believes the office should require some level of law enforcement training or give up the power of arrest.

“If you’re going to give someone the powers of arrest, the citizens should be assured that the person has the appropriate training to exercise that power,” Midgette said.

Midgette believes the job description of sheriffs has evolved dramatically while the definition of the office has remained frozen in time. Sheriffs’ deputies traditionally functioned as jailers and court bailiffs and performed limited law enforcement functions. These days, though, sheriff’s departments do everything from enforcing traffic laws to operating drug interdiction programs to child abuse investigations.

The office has expanded and so has the need for training.

“The bottom line is, with all due respect to sheriffs, in the early 1950s when the office was codified, I don’t think anyone expected the sheriffs’ departments to be full service law enforcement entities,” Midgette said.

Bob Scott, who reached the rank of captain in the Macon County Sheriff’s Department, also believes that if the sheriff’s office is to remain an elected position, it should lose its law enforcement responsibilities.

“In Western North Carolina, the most expensive political race for county office is always the sheriff,” Scott said. “Should a sheriff be accepting contributions from someone he may some day have to arrest? If it’s a big contributor, do you think that might affect the way they enforce the law?”

Arson case thickens plot in sheriff’s race

A fire at the business of a Jackson County sheriff candidate last week has cast a shadow over the race.

Robin Gunnels, owner of Custom Truck Covers in Sylva and a Democratic candidate for sheriff, believes the attack on his business was no coincidence.

“There’s things that led up to this that lead me to believe it was politically motivated,” Gunnels said.

The fire originated in a garage where Gunnels stored his campaign materials, which were destroyed in the blaze. With his signs gone and his business shut down, Gunnels is wondering how he will afford to run the rest of his campaign for sheriff. Gunnels insurance does not cover fire.

The Sylva Police Department confirmed last week that the fire is under investigation for arson.

“The fire is suspicious. There’s no doubt about that,” Sylva Fire Chief Mike Beck said.

The fire was discovered in the middle of the night on Sunday, March 21, when Sgt. George Lamphiear noticed water running out from under garage doors at Custom Truck Covers on East Main Street in Sylva. Lamphiear looked closer and saw heavy smoke inside the business. He called dispatch, and the Sylva, Cullowhee, and Savannah fire departments responded.

“The fire was about out by the time the fire departments got there, because it had taken out a water line or two,” said Beck. The fact that the fire had burned through the water line may have saved the building.

Gunnels said he got a call from Lamphiear notifying him his business was on fire. By the time he arrived at the scene, the damage was done.

Gunnels said he has no idea who started the fire, but after weeks of receiving harassing messages at his home and business, he is sure it is connected to the sheriff’s race.

Gunnels was once a lieutenant with the Jackson Sheriff’s Office but left the force soon after Ashe came into office eight years ago.

Gunnels estimates he lost $150,000 of property that include his election materials and parts he sells at his shop. Because many of the parts Custom Truck Covers sells were plastic, almost nothing was salvageable.

“I’ve lost a lot of equipment and I’m just trying to salvage what I can,” Gunnels said.

Gunnels said the fire would not deter him from pursuing the sheriff’s race, and he thanked the Sylva Police Department for their fast response.

“George was on top of his job. He saw something that wasn’t right, and he acted,” Gunnels said.

The Sylva Police Department has advertised a $2,500 reward for information.

Swain sheriff under fire from deep bench of challengers

There is, perhaps, no sheriff’s race as hotly contested as the one currently taking place in Swain County.

Sheriff Curtis Cochran’s volatile first term as sheriff has brought no shortage of issues — or candidates — to the Swain sheriff’s race this year.

Challengers were lining up and campaigning more than a year ago. The moment they’ve long awaited is now here.

Eight Democrats will battle it out during a primary this May, while Cochran will compete head-to-head with newcomer Wayne Dover for a spot on the Republican ticket.

Candidates spoke with the Smoky Mountain News on the myriad issues facing Swain’s sheriff office and on their vision for the next four years.

Among those topics: a suspected murderer’s escape from Swain County’s jail last year; Cochran’s ongoing lawsuit against Swain’s Democratic county commissioners for reducing his salary; a Swain detention officer purchasing a big-screen TV using the county’s credit card; and a newly built $10 million jail sitting half-empty.

All or nearly all candidates say they want to bring more professionalism and training to the Sheriff’s Office, combat a growing drug problem in the county, and rebuild a relationship with the community, the commissioners, and surrounding counties.

 

FINANCIAL MATTERS

Cochran sued the county commissioners after they took away a long-established “meal deal” shortly after he was elected. For decades, Swain County commissioners paid the sheriff a flat rate to feed jail inmates and allowed him to pocket any surplus. The off-the-books subsidy bolstered the sheriff’s salary, which was otherwise the lowest of any sheriff in the state.

Other jurisdictions had already gotten rid of the corruption-prone policy, and Swain commissioners voted to follow in their footsteps two weeks after the 2006 election. Cochran filed a lawsuit claiming the county reduced his salary because he was a Republican, while commissioners and most of his predecessors were Democrats.

Cochran asked commissioners to increase his salary from $39,000 to $80,000. The lawsuit is ongoing, while Cochran continues to receive much lower than average pay. Meanwhile, the Sheriff’s Office is struggling to cope with a reduction in its budget and layoffs after the recession hit.

Meanwhile, the sheriff and the commissioners have been at constant odds over the sheriff’s operating budget, staffing levels and salaries for deputies.

John Ensley (D) would like to see a salary increase for deputies as well as the sheriff funded by a fee charged to criminals. As the owner of small business that’s still prospering amid a recession, Ensley said he’d do more with less at the Sheriff’s Office.

Steve Ford (D) said he’d work hard to justify every item in his budget to commissioners, backing them up with statistics if he had to. “You’ve got to justify your existence... [Cochran’s] lack of ability to prove to the commissioners the need for his budget is what created his cuts.”

Ford said the meal deal was borderline illegal. He’s in favor of having an increased salary for the sheriff, with a starting and ending income point, based on experience.

David Thomas (D) said since the county is often paying to train officers, it should also offer them enough pay to keep them working in Swain. “That’ll save the county money in the long run.” Thomas also supports a salary increase for the sheriff. He suggests using the money from the Road to Nowhere settlement to pay for raises.

Julius Taylor (D) said he has experience securing grant money for the Cherokee police. In a 15-minute presentation to the Department of Justice and the Department of Homeland Security he was able to score $180,000.

Steve Buchanan (D) said he’s taken a look at the sheriff’s budget and could not target any areas to cut. He said he’d have to see a further breakdown of actual spending to make a decision. Buchanan said the budget is a joint effort and that he’d work with the commissioners to come up with the best solution for all.

Chuck Clifton (D) said he’d like to see salaries brought up to where they should be. Clifton has heard of deputies whose families are eligible for food stamps. He says he will support the county in actively pursuing a commercial tax base for the county. “Without a tax base, we’re not going to be able to increase anything.”

Mitchell Jenkins (D) said the commissioners’ decision to cut the meal deal just had bad timing, and that they should not have jerked the rug out after Cochran took office. “They made it look political to the public.”

Considering all the duties that the sheriff carries out, Jenkins agrees that the sheriff should get paid more.

Jenkins said he’d work within the budget that is made available by commissioners.

Wayne Dover (R) said the commissioners’ timing was off, but Curtis knew what his salary would be before running. Dover said deputies need a raise before the sheriff because Swain is unable to compete with the salaries offered in Jackson County and Cherokee.

Dover said he’d apply for every grant that’s available, and would hire a full-time grant writer in-house to support the effort.

Curtis Cochran (R) would not comment on the ongoing lawsuit or the meal deal. Cochran said his department is always on the lookout for grants. He added that he disagreed with the commissioners cutting three deputies and a secretary from his department in last year’s budget.

“I feel that was very unfair for the people of Swain County, that their safety could be jeopardized by not having enough people on patrol.”

Curtis said he’s asked for the positions to be filled again in this year’s budget. Cochran pointed out that he’s had experience working on Swain County budgets since 1994.

 

MISMANAGEMENT OR ROUGH LUCK?

No matter how well they get along with Sheriff Cochran, candidates claim that Cochran lacks the law enforcement experience to serve as Swain County’s sheriff. When Cochran was elected in 2006, he had no previous law enforcement experience.

During Cochran’s first term in office, a female jailer helped a man charged with murder in a double homicide escape from the Swain County jail. Cochran was allegedly warned by employees of a cozy relationship developing between the jailer and inmate. In another incident, an inmate escaped from a holding room in the Swain County courthouse. The search ended with a high-speed chase down U.S. 74, during which Cochran shot at the tires of a getaway van the inmate had stolen.

Also during his term, a detention officer used the county’s Sam’s Club card to purchase a big-screen TV. The officer was later fired.

John Ensley (D) says he’s been trained to work in a correctional facility and has experience on the job. “I know what red flags to watch for, and how to manage issues.”

To prevent more escapes, Steve Ford (D) plans to review hiring practices, look at his employees’ job performance, and make sure there’s standard operating procedures in place. In the case of the big screen TV, Ford said he would have charged the employee with theft. “Did they use a credit card that wasn’t theirs? Why weren’t they charged? Fired is far from being charged.” Ford said Cochran has done the best he can do for a man with no prior law enforcement experience.

David Thomas (D) said he would not have female jailers working with male inmates and vice versa. “I don’t think that’s right.” Thomas said he never saw mishandling of county credit cards when he worked at the jail. “Curtis didn’t have no experience when he went in, I think that hurt him.”

Julius Taylor (D) said the escapes and credit card use show that Cochran did not have the right people in certain positions. Taylor said he would be a better supervisor if elected and make sure there is an official policy and procedure for the jail.

Taylor pointed out that Cochran had to learn from scratch, and even though he now has three years of experience in law enforcement, it doesn’t compare to Taylor’s 16 years. “Not saying he’s a bad person, he’s had three years of rough luck with it.”

Steve Buchanan (D) said the county should hire an experienced sheriff to stop crime in its tracks.

Buchanan claims he knows exactly what needs to be changed at the jail since he worked as a jailer there for seven months. He would not elaborate, however, because he had promised Cochran, his former boss, to not reveal problems in the jail during his campaign.

Buchanan believes he was unfairly fired from his night shift at the jail after he decided to run for sheriff. According to Buchanan, the county cited the federal Hatch Act, which prohibits federal employees from engaging in partisan political activity, as justification for the firing. However, Buchanan was not a federal employee.

Chuck Clifton (D) said escape was caused by lack of education and mismanagement. “Sheriff Cochran has minimal law enforcement experience, none when he was elected, and that shows.” Clifton said he would use his education and experience to prevent similar incidents in the future.

Mitchell Jenkins’ (D) only comment on the issue was that in his view, Cochran has not established a good working relationship with his employees and with the community. “I don’t feel like people confide in him the way I’d want them to me.”

Wayne Dover (R) said the escapes resulted from a failure to listen to employees who warned Cochran about the jailer’s inappropriate relationship with the inmate she helped escape. “It’s not really, per say, his fault. It is still his responsibility.”

Curtis Cochran (R) said the jail escapes had nothing to do with him being sheriff. “If you got a person on the inside that’s going to help somebody escape, they’re going to do it.” Curtis said the jailer who helped the prisoner escape went through a background check and received state certification as a detention officer. “You’d have to have a crystal ball, I guess, to see what people are going to do, and I just don’t have one. And neither do the other candidates.”

 

JAIL WOES

Swain County opened its 109-bed jail aiming to receive overflow prisoners from other counties, raking in revenues that would help pay for the $10 million facility. Instead, surrounding counties built their own new jails, leaving Swain’s jail half-empty on most nights.

Cherokee prisoners make up the vast majority of out-of-county inmates helping to fill the jail and offset costs, but the Eastern Band of Cherokee Indians now plan on building its own jail as well. Swain’s jail is 75 percent larger than what it currently needs for its own inmates.

Cochran recently signed a deal that will bring back federal prisoners from the U.S. Marshal Service, which pulled out from Swain’s crumbling old jail because it lacked a fire sprinkler system. Still, that agreement has failed to bring in a significant flow of inmates, while the jail continues to cost taxpayers $610,000 every year.

John Ensley (D) denies that the jail was overbuilt since it will accommodate future growth in the region. Ensley said he’ll take part in an aggressive outreach effort to state, federal and local agencies. A good rapport will help lure prisoners to Swain’s jail in the future. “These other counties, they may have not built their jail as big as ours. Eventually, they’re going to reach capacity...I think we’ve got it, we’ve got to be positive about it.”

Steve Ford (D) says the brand new jail should pay for itself instead of costing taxpayers money. He supports charging those who are arrested a book fee and a $5 fee per day to offset the cost of their housing.

David Thomas (D) said he’d work with everyone in the community and county government to figure out a solution for the jail. “I think you’ll get more prisoners if you’re in the good grace of your surrounding counties that don’t have their own jail.”

Julius Taylor (D) said having a customer service attitude will greatly help the jail. Taylor said instead of reserving bed space for state or federal prisoners, he’d have a first-come, first-served approach.

Taylor, who has worked with the Cherokee police department for almost 16 years, said he’d also work aggressively to change Cherokee’s mind about building its own jail. “We run the jail, let us do what we’ve done for hundreds of years.”

Steve Buchanan (D) said he’s talked to Graham County’s sheriff, who has expressed interest in shutting down the antiquated jail there. According to Buchanan’s research, if two counties work together to operate one jail, it is considered a regional jail and may receive more federal funding. Buchanan insists that Swain’s commissioners would retain control over the jail if the arrangement comes to fruition. Graham currently sends its prisoners to the new jail in Cherokee County.

Chuck Clifton (D) said he’d try to work with federal agencies to entice prisoners to Swain’s jail. “We have a state of the art jail...There is no reason why we cannot entice or encourage outside agencies to house their prisoners in our jail.”

Mitchell Jenkins (D) said he needs to further study the jail to come up with the solution. Jenkins plans to sit down with commissioners to work on the problem. He said the county government should have surveyed surrounding counties about their plans to build jails. “If they had been aware of the situation, I feel like they went overboard with the size of the jail that was established. I feel like they got a bigger facility than they’re gonna need.”

Wayne Dover (R) said he’d rather have a jail too big than not big enough. He says if there are stiffer penalties, with more jail time, for those who are charged with crimes, the jail will pay for itself. Dover said he’s worried about Cherokee’s plans for a jail. “Steps need to be taken now.”

Curtis Cochran (R) said all surrounding counties except for Graham County now have their own jails. If the tribe builds its own jail, Cochran said the county will soon be at the mercy of the U.S. Marshal Service for inmates. Cochran pointed out that he inherited the jail problem when he took office.

Jackson candidates chose unconventional path to the November ballot

Every so often a dissatisfied electorate injects a third current into the country’s two-party dialogue.

It’s happening this year with the Tea Party movement, and it’s also happening spontaneously in Jackson County.

Four Jackson County residents who want to be on the ballot in November are gathering signatures to qualify as unaffiliated candidates. Two who are running for commissioner are indeed unaffiliated, according to state voter registration records.

The other two are running for sheriff, but voter registration shows them listed as a Democrat and a Republican, so the unaffiliated route may simply be a strategy to earn a spot on the November ballot.

People who don’t want to run under the banner of a particular party have to beat the bushes with a petition drive in order to get a spot on the ballot in North Carolina. Unaffiliated candidates must collect the signatures of 4 percent of the voting public by June 25. The number comes out to 1,051 signatures out of Jackson County’s total 26,295 registered voters.

Jack Debnam, a Cullowhee-based realtor, intends to challenge County Commissioner Chairman Brian McMahan. Ron Poor, a faculty member at Southwestern Community College, will vie for the seat of sitting Commissioner Tom Massie. And both Mary Rock of Sylva and Tim O’Brien of Cashiers want to run against Jimmy Ashe for sheriff.

The aspiring candidates are choosing an unorthodox route to the general election but have the advantage of bypassing the party primaries in May.

None of the candidates said the Tea Party movement or the national election climate prompted them to run as unaffiliated, but Poor cited some of the key principles of the country’s independent temperament –– fiscal conservatism and defense of the Constitution –– as he explained why he wants to run.

“I have not yet found a party which I can believe in,” Poor said. “I am a fiscal conservative, government at all levels is larger and more expensive and intrusive than it should be and has nearly become choked off from the everyday citizen. My goal is to see it cut back, to see it opened up, to see it operate more efficiently and at lower cost.”

Rock and O’Brien, as sheriff’s candidates, enter a race with a crowded Democratic primary that includes an entrenched incumbent in Jimmy Ashe and three others.

Rock, who is technically registered as a Democrat, said her bid as an unaffiliated candidate was partly strategic. “There’s an advantage to doing the petitions that I saw,” Rock said.

The May primary narrows down the field to just one Democrat and one Republican who then advance to the November election. But in a county where Democrats reign, Republicans often don’t have a chance come November.

“In Jackson County, we always have a Democrat as sheriff, so the primary has always decided it,” Rock said. “Only one person comes out of the May primary with a nomination.”

But Rock could beat the system by advancing straight to the November ballot.

Another advantage of circumventing the party primary is that there is no limit to the number of unaffiliated candidates on the ballot, so anyone who succeeds in gathering the proper amount of petitions makes it.

O’Brien said he is registered unaffiliated but state records show he has been registered Republican. He called himself a “fiscal conservative” who intends to de-politicize the sheriff’s office.

Debnam also said he was registered unaffiliated, so he had no choice other than to go through the petition process.

“I’m not a Tea Party person. I’m a small business owner in Jackson County, and I’m really frustrated,” Debnam said.

 

Jack Debnam, Cullowhee, county chairman

Debnam is the owner of Western Carolina Properties, a real estate firm with offices in Dillsboro and Cullowhee. He has never run for political office and said he was inspired to run because the Jackson County board has not represented small business well.

Ron Poor, Sylva, running against sitting Commissioner Tom Massie

Poor is a registered real estate broker who also teaches electronics and computer engineering at SCC. Poor cited his opposition to tax increases and development regulations as reasons for running.

Poor accused the current board of a “draconian knee jerk reaction” when it passed a moratorium on new subdivisions and considers the current steep slope regulations too stringent.

 

Mary Rock, Sylva, sheriff

The 42-year-old Sylva native has worked as a bail bondsman in Jackson County for the past 12 years. She served with the Military Police and got her basic law enforcement certification from WCU.

“Since I was a child I’ve seen a lot of things I didn’t think was the best way to run that office and I waited a long time to see if anyone would change that,” Rock said. “I decided this year that I wanted to do it myself.”

 

Tim O’Brien, Cashiers, sheriff

O’Brien has worked as a private investigator for the past two years. He has a degree in criminal justice administration from WCU. He served in the military police, as Highlands Police officer, a detective with the Macon County Sheriff’s Department, and an SBI agent.

“I will serve as a sheriff who will dedicate himself to the issues important to our county and not to political ambitions or re-election. I will be fiscally responsible, remembering at all times that we are spending the peoples’ money. All crimes will be properly investigated, phone calls will be returned, and funding will be used appropriately on those things for which it is intended,” O’Brien said.

Jackson sheriff sparks controversy, policy change with expenditures

Jackson County Sheriff Jimmy Ashe may not have done anything illegal, but he’s stepped into the middle of a controversy in the run-up to his re-election campaign.

Ashe used state and federal money from narcotics seizures to operate an informal fund for youth sports. Ashe funneled money from the narcotics fund to youth sports teams without county oversight and outside of the accepted financial procedures followed by local governments.

While state authorities deemed the sheriff’s use of the money on sports was not illegal, the lack of oversight when making the donations violated General Statute 159-25(b), according to the Local Government Commission.

Jackson County has changed the way it administers its narcotics fund, effective immediately, in response to a letter County Manager Ken Westmoreland received from the Local Government Commission on Feb. 9.

“We had a conference with the sheriff, and we addressed to him that it was somewhat out of the norm in how we provide fiscal control, and he agreed very quickly to conform,” Westmoreland said.

The issue was initially brought to light by the Asheville Citizen-Times, which reported that Ashe had used the money from a tax on narcotics seizures in an unorthodox manner, based on financial records obtained through a public records request. Ashe spent more than $12,000 from the narcotics fund on youth sports between July 2007 and January 2009.

In addition, the sheriff used $20,000 from the fund to pay for a carpet in the sheriff’s office and $400 to get himself listed on a national “who’s who” list.

The investigation also discovered that Ashe rode a Harley Davidson seized from a drug dealer while off duty.

The N.C. Department of Revenue assesses a tax on illegal drugs seized by law enforcement. Sheriff’s and police departments get 75 percent of what is collected from drug dealers on cases they investigate.

According to Westmoreland, state and federal statutes governing the narcotics fund dictate the money must be used for drug crime prevention and enforcement, but allow room for interpretation. In Buncombe, Haywood and Macon counties, the money is used strictly for law enforcement expenses, and each expenditure is approved by county commissioners.

For the past 8 years, that has not been the case in Jackson County. Sheriff Ashe has used the money mainly to fund youth sports activities to keep kids off drugs. The spending was included in the county’s audit each year, and auditors have never cited it as an issue for concern.

The controversy surrounding the use of the narcotics fund hinges more on the sheriff’s failure to adhere to accepted accounting procedures than on his use of the money for youth sports.

The fund was administered by Capt. Steve Lillard, who signed the checks. The county’s finance department only saw the expenditures after the fact. County Finance Director Darlene Fox said the practice made her uncomfortable.

“I was only seeing the transactions after they occurred and not prior to,” Fox said.

Westmoreland said he didn’t stop the practice sooner largely because it had never caused problems.

“I don’t know where it originated. The implication has always been that this is a fund that amounts to a gift from the state or federal government to the sheriff’s office that can be used at the sheriff’s discretion,” Westmoreland said. “It has never really been an issue.”

Sharon Edmundson, director of fiscal management for the Local Government Commission, expressed her department’s concern over the practice in a letter to Westmoreland.

The narcotic tax revenues amount to a public fund held in an official county depository, so the county should treat spending from the fund the same way it treats expenditures from any other department, the letter stated.

In essence, checks were being written from county coffers without prior budget approval and with only one signature — and that lone signature was a sheriff’s captain and not an authorized finance officer.

“We recommend that the checks used to disburse these funds be signed by two county employees or officials authorized to sign checks and duly appointed by the Board to serve in that capacity,” the letter stated.

Since receiving the letter the county has closed the separate account for the sheriff’s fund and changed the policies governing its use. Now any expenditure will have to appear in the budget for approval by the county board and all the checks will be signed by Westmoreland and Fox.

Mountain or mole hill?

Now that the county has changed its procedures, Westmoreland believes the issue is settled except in the case of Sheriff Ashe’s use of the motorcycle. County logs showed the sheriff had put 1,326 miles on the motorcycle since its seizure.

Westmoreland has asked the sheriff to submit an official letter stating how he used the vehicle. The sheriff would be required to pay taxes on the mileage he put on the vehicle for personal use.

“It is an issue but then again it’s not an issue of great importance because if every mile was personal use, we’re still looking at less than $50 of tax money,” Westmoreland said.

Westmoreland also said as a constitutional officer, Ashe is exempt from the county’s employee policies and is, technically, always working on the public’s behalf, making the separation between public and personal use difficult to determine.

Edmundson’s letter addressed the issue of the motorcycle separately from the accounting issues.

“We also recommend that the County consider the payroll implications of the Sheriff’s personal use of a seized motorcycle; personal use of anything other than a clearly marked public safety vehicle or the clearly authorized use of an unmarked vehicle is generally a taxable benefit,” the letter stated.

Ashe did not return multiple phone calls requesting comment on the issue, but he defended his practice of using the narcotics fund for youth sports to the Asheville Citizen Times. Ashe admitted that the expenditure on the “who’s who” list may have been a mistake, explaining that he made the decision to raise the county’s public profile.

Some of the county commissioners in Jackson County are standing by the sheriff. Commissioner Tom Massie has been particularly outspoken in that regard.

“I can’t say it loud enough. I think it’s making a mountain out of a molehill when you’re talking about a man in control of a $50 million budget,” Massie said.

Massie also spoke to the motorcycle issue.

“It struck me as peculiar, the motorcycle thing, and perhaps indelicate,” Massie said. “But quite frankly, I accept the sheriff’s explanation that he was evaluating it for patrol use.”

The questions raised by the investigation and the response from the LGC centers mainly on whether Ashe used the money appropriately as an effort to prevent youth drug use or inappropriately to build a personal following with public money. Ashe is one of the highest paid sheriffs in the region, making $105,571 after receiving a significant raise from the county board last year.

The sheriff is up for re-election this year will face at least one opponent, Robin Gunnels, a Sylva business owner with a background in law enforcement.

Sheriff, Swain point fingers over budget shortfall

The on-going tension between Swain County commissioners and the sheriff has surfaced yet again, this time over the root cause of the county’s $1 million budget shortfall.

“If it hadn’t been for the expenditures of the sheriff’s office we would have been pretty much been alright,” County Manager Kevin King said.

King cited excessive overtime and several additional positions added to the sheriff’s office over the past year as driving up costs by several hundred thousand dollars over above the budgeted amount.

Sheriff Curtis Cochran said the county is using his department as a scapegoat.

“It looks to me like the budget shortfall is poor management on the part of county administration,” Cochran said. “They need to look in the mirror and see where the problem lies. They are the watchdogs of the budget.”

The county spent $160,000 last year on overtime for jailers and deputies. Overtime was racked up every pay period thanks to a shift schedule that gave jailers and deputies 20 hours overtime each two-week pay period. They worked 60 hours one week and 24 the next, with overtime paid out whenever they went over 40 hours in a seven-day period.

King said the problem has now been solved by switching the overtime rules effective this month. Overtime pay now kicks in only after deputies and jailers accrue 86 hours over a two-week pay period. The alternative system for paying — or rather not paying — overtime is allowed under Department of Labor rules for law enforcement workers who often have longer shifts clustered together for several days in a row but then get several days off, King said.

King said he met with jailers and deputies to explain the new method for calculating their pay. He said they don’t like the new arrangement.

King said Cochran used the overtime formula to pay his people more, an end run in essence around salaries he thought were too low for his workers, King said.

Cochran admits without the regular overtime “Their paychecks are going to go down drastically.”

“They just barely make enough money to live anyway. They were dependent on some of this overtime to help them survive,” Cochran said. Some are getting second jobs, dropping health insurance coverage and even seeking food stamps and Medicaid.

But Cochran said eking out more pay for his people wasn’t his motive when implementing the schedule. He said it was part of a move from 8-hour to 12-hour shifts, which are more common in law enforcement, and to rotate who works weekend instead of it always being the same people.

“When we implemented this I wasn’t aware they had to pay the overtime like they say they had to,” Cochran said. “When you are looking for someone to blame they will pick someone to blame.”

King said overtime was only part of the budget problems emanating from the sheriff’s office. Revenue at the jail fell short of expectations. County leaders opened a big a new jail last year that was overbuilt in hopes of housing more prisoners from out of the county for a nightly fee. But the number of inmates housed from outside the county declined, however, shattering the county’s hopes of subsidizing the overly large debt payments.

King has blamed Cochran, but Cochran said it is out of his control. The jail project was started before Cochran took office. The county undertook an oversized jail despite neighboring counties that once regularly housed inmates in Swain building new jails of their own and decreasing the need to rent out bed space.

In addition, the county added several new positions to the sheriff’s office and jail over the past year. The extra jailers were needed to man the larger facility, or so everyone thought.

“The county commissioners approved every bit of this,” Cochran said. “They had to approve all the expenditures for the jail. They are the watchdogs of the budget. I don’t have the check book up here to write checks.”

King said the county should have cut some of the extra jailers when it became clear the jail wasn’t filling up and the extra jailers weren’t needed. Instead of cutting the positions, the extra jailers were made deputies and kept on the payroll.

“That was probably a mistake,” King said. “We didn’t have the money to keep them.”

But King said the commissioners were sensitive to accusations from the public that they weren’t treating Cochran fairly.

“They didn’t want to be perceived as doing anything political,” King said. King said they had been repeatedly chastised for having an ulterior motive whenever they turned down Cochran’s budget requests.

“People need to have good public safety, but that is not the issue. The issue is there is not the money to do it,” King said.

Cochran currently has a lawsuit pending against the county alleging that commissioners cut his pay as political retribution when he took office three years ago. Prior to Cochran’s term, the sheriff was paid a lump sum to feed inmates in the jail and could keep the surplus, as opposed to the county just paying the actual cost of the food.

When the practice was curtailed as Cochran went into office he claimed the effective pay cut was political retribution since he was a Republican and the commissioners are Democrats. The tensions have been brewing ever since.

Empty jail beds fuel feud between Swain sheriff, county

The new Swain jail costs the county $610,000 a year more than the old jail: $450,000 in debt payments and an additional $160,000 on overhead and staff.

The county hoped to make $500,000 a year housing prisoners from out of the county to offset the cost.

The county’s old jail was unsafe and dilapidated, so a new one was in order anyway. County leaders figured they may as well make it extra big and try to subsidize the cost by housing inmates from out of the county, and end up with a new jail for relatively little of their own money.

But revenue projections fell far short. Over the past 12 months, the county only made $140,000 housing out-of-county prisoners, a far cry from the half million it hoped for, according to County Manager Kevin King.

King said that the jail is not an undue burden for the county, however.

“We are making it just fine,” King said. “We are covering the debt. We are covering the operation. We are covering personnel.”

That said, if the new jail brought in more money, it could bolster the sheriff’s budget — which is a bitter source of contention between the county commissioners and Sheriff Curtis Cochran.

“When he first started as sheriff, I told him all this is done as a business plan,” County Manager Kevin King said. “The more revenue generated the more deputies and law enforcement we are going to be able to fund.”

When the new jail opened last fall, the county added five additional jailers, two new deputies and an extra secretary.

But King said the additional staff was contingent on an influx of inmates, which never materialized.

“It is like McDonald’s or anywhere else. If you aren’t selling hamburgers they are going to lay people off and send them home,” King said.

As the county grappled with a budget shortfall for the new fiscal year, commissioners looked to the jail to make cuts. The county cut four positions that had been added in the past year.

Two of the laid-off staff had been hired as jailers but had since been made deputies after Cochran realized he didn’t need that many jailers. A third layoff targeted one of the two new deputies added over the past year. The fourth layoff targeted the additional secretary position added over the past year.

 

An ongoing feud

Cochran still has one more deputy and three more jailers than he did a year ago, but has publicly criticized the commissioners’ decision to cut his staff. He accused the county commissioners of jeopardizing the safety of Swain County’s citizens by underfunding his department.

Cochran had increased deputies on the night shift from two to three. Now, he’s back down to two. If both are tied up on calls, residents are left with no backup, he said.

King points out that Cochran’s budget is still bigger than his predecessor’s, former sheriff Bob Ogle.

In reality, the Cochran’s budget comprises the exact same percentage of the total county budget now as it did under Ogle.

For the 2009-2010 fiscal year, the sheriff’s office accounts for 8 percent of the total county budget and the jail accounts for 7 percent of the county’s budget. It’s the exact same percentage as 2005-2006, the last budget allocated by commissioners under the tenure of former sheriff Bob Ogle.

Cochran’s supporters have accused the commissioners of playing politics with his budget. The commissioners are all Democrats, while Cochran is a Republican.

“There is nothing political about this issue,” King countered.

King pointed to the number of new vehicles the county provided Cochran’s office this year. Typically, the county replaces two or three vehicles a year, and sometimes skips a year altogether. This year, the county bought five new vehicles for the sheriff’s office.

Cochran and the commissioners have been warring over the sheriff’s budget since Cochran took office in late 2006. Cochran suffered a major blow to his own salary when the commissioners ended a lucrative arrangement to feed inmates enjoyed by Cochran’s predecessors. When the commissioners decided to end the long-standing practice on the eve of Cochran taking office, it was seen as political retribution.

Cochran has a lawsuit pending against the commissioners, claiming they effectively reduced his salary in violation of state statutes. Commissioner David Monteith has consistently sided with Cochran and against his fellow commissioners on budget issues.

 

Budget expenses

Swain county budget expenditures by year:

Jail, 2009-2010:    $875,000

Jail, 2006-2007:    $715,000

Percent of total county budget both years:    7%

Sheriff Dept., 2009-2010:    $964,000

Sheriff Dept., 2006-2007:    $796,000

Percent of total county budget both years:    8%

Swain budget cuts target Sheriff’s office

Swain County commissioners have opted to target one department rather than spreading out county budget cuts among all county employees.

Commissioners have scrapped the idea for a mandatory one-week employee furlough, which they had initially seemed to support, and have instead proposed cutting three deputies and one secretary from the Sheriff’s office.

It’s a move that could further the divide between commissioners and Sheriff Curtis Cochran, who is suing the county for allegedly paying him too little.

County Manager Kevin King proposed laying off a single deputy at an initial budget work session May 14 and enforcing a mandatory county employee furlough to help make up for the budget shortfall. King also proposed laying off two other positions — an environmental health inspector and a building inspector; both in departments that have taken a big hit with the slowdown of second home construction.

Then, at a second budget work session on Thursday, June 11, the majority of commissioners apparently changed their minds. Commissioner David Monteith, however, said the change of heart took him by surprise.

“We had a budget retreat four weeks ago, and four of us had tentatively told King we were OK with one position from the sheriff’s department and the environmental health and inspections departments being cut. Plus, we were going to have a furlough,” Monteith said. “I thought everybody was for this and all of a sudden, they weren’t.”

Monteith is adamantly against cutting sheriff’s department positions and says he won’t vote for the budget if that proposal is included.

“Times get hard, and crime goes up. Why are you going to pick on the one department that if crime goes up, you need these people on the streets to do their jobs?” Monteith demanded.

Apparently, the proposal to cut more law enforcement positions was laid out by King after the first budget work session as an alternative to a mandatory furlough.

“To me and the other commissioners, this one made the most sense,” said Commissioner Steve Moon.

The two deputies commissioners propose to lay off have only been in their positions since April, when they were promoted from their former position as jailers. Sheriff Curtis Cochran said the two were not needed in the jail, and asked that they be moved to the sheriff’s office as deputies. The county agreed.

As is frequently the case when looking at who to lay off, the county decided that “the last people hired are the first ones to go,” King said.

“We looked around and they were the last in and the first out,” said Commissioner Chairman Glenn Jones.

Though supportive of the layoffs, Moon had initially expressed reluctance to trim positions in law enforcement.

“I’d hate to see us lose a position in the Sheriff’s department because in hard times, crime is rampant,” he said at the first budget workshop. “We need to support them, not cut positions.”

Now, though, Moon appears to have changed his stance.

“It’s unfortunate that we had to lay off some employees, but if we laid off the ones who are hired last with the shortest time on the job, to me that seems fair, though it’s unfortunate,” Moon said.

Moon said he never supported an employee furlough, though he didn’t speak out against it at the first budget workshop.

“I never did agree with the employee furlough. I did not like that idea,” Moon said. “People live payday to payday, and I didn’t think that was fair to the employees with the county.”

Monteith disagrees, though he said he didn’t entirely like the furlough either.

“I didn’t like to give the employees a furlough, but I would have rather done that than firing four out of one department,” Montieth said. “I just thought it would make more common sense to drop the salaries of all the people rather than pulling the cuts from one department.”

Moon and Jones say the Sheriff’s office will manage just fine, however.

“No, it’s not a good time to cut employees from the sheriff’s department, but now Cochran should have the same amount of deputies that (the former Sheriff) Ogle had,” said Moon. “Hopefully he can manage with what he’s got.”

Commissioners were scheduled to vote on the budget Tuesday, June 16, as this paper went to press. The budget is expected to pass.

Suttles gets nod for Haywood sheriff

The Haywood County Democratic Party has tapped Chief Deputy Bobby Suttles to replace outgoing Sheriff Tom Alexander.

Suttles is a 14-year employee of the sheriff’s department and a former Waynesville police officer. He won 111 of 166 votes cast by members of the Democratic Executive Committee on Feb. 7.

A total of five candidates applied for the sheriff post. Only three received a nomination from the Executive Committee — Suttles, retired NC Highway Patrol trooper Albert Allen, and Maggie Valley police officer Russell Gilliland. The other two — Ken Hollifield, a truck driver, and Raymond Ezell, a retired postal inspector, did not receive nominations.

Haywood County Commissioners must approve Suttles before he is officially appointed as the new sheriff, but they are bound to rubber stamp the party’s recommendation.

— By Julia Merchant

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