(This story by Sheriff Tim Gobble was originally posted in February of this year. Due to the fact that it is currently newsworthy, we have moved it back to the front page. If anyone would like to comment on this story or any issue relating to the Bradley County Sheriff's Office, you may email us at: comments@bradleysheriff.com)

 The findings of an extensive state audit of the Bradley County Sheriff’s Office found no wrong-doing on the part of the BCSO regarding purchases made with the county credit card and following county policy regulating credit card use.

However, the audit did conclude that, in their opinion, there were a few purchases made for items other than emergencies or travel, and they recommended adhering to the county purchase order system in non-emergency situations. Even so, the auditors agreed that the county’s credit card policy did not prohibit such use and if it was the county’s intention to do so, the policy needed to be clarified.

The audit covered a period dating from before I actually took office on September 1, 2006 through June 30, 2007.

It should be noted, the current credit card policy was updated by the Bradley County Commission in November 2006, a month after I took over the duties of Bradley County sheriff. Following is that policy as it was entered into the minutes of a regular session of the county commission on November 20, 2006:

It is the policy of Bradley County, Tennessee, to regulate the use of County issued credit cards to promote and encourage efficient conduct of business.

County issued credit cards are to be used strictly for Bradley County business only. The below stated procedures are to be followed in the use of County issued cards (Visa, MasterCard or Discover).

• The Department Head/Elected Official shall make requests for credit cards to the County Mayor, who shall be responsible for issuing all credit cards.
• Only the Department Head/Elected Official can authorize the use of a County credit card by an employee of Bradley County.
• The Bradley County Mayor will keep a list of issued credit cards.
• Employees are prohibited from making personal purchases on County issued credit cards. Employees who violate this policy must pay for the personal items and will be prohibited from using the County issued card in the future.
• The Department Head/Elected Official will review the monthly statement, verify the purchases and attach all signed copies of receipts. The Department Head/Elected Official will review for accuracy, sign and return the statement with all receipts to the County Mayor for payment.
• The use of County issued credit cards (Visa, MasterCard or Discover) is for out of town travel expenses. Any other use should be discouraged.

Considering how extensive the rules, policies and regulations governing the county and the Sheriff’s Office are, and considering the minutia of such rules, policies and regulations, and considering the disorganized record-keeping I encountered upon taking office, I don’t think it is unreasonable I be allowed the benefit of the doubt if I or a member of my staff didn’t follow a policy to the letter.  

However, that said, I will repeat that the audit found no wrongdoing regarding BCSO credit card purchases and the county policy for credit card use. Perhaps some points of interpretation can be argued, but that is due to a lack of specifics on the part of the county in defining the policy, not because of any impropriety or dishonest intent on the part of myself or any member of my staff.

Therefore, in the spirit of openness and public accessibility that I have always observed during my public service, I offer a list of the credit card purchases noted in the audit and my own justification and/or explanation as to why said purchases did not and does not violate existing county credit card policy:

Audit noted:  September 2006, expenses incurred for hosting a BCSO Open House in which the public and media were invited to come and tour the Justice Center.

This Open House was conducted within the first week of my taking office. As part of the event, the public and news media were to be provided refreshments after going through a receiving line prior to a tour of the Justice Center.

Vendors we purchased refreshments and related items from did not accept purchase orders (PO) from the county Since I considered it an “urgent occasion” and the refreshments to be official purchases, I authorized the use of the county credit card. Two of the purchases were made by my wife (a non-employee), who regularly assisted me when I first took office. In this instance, she volunteered to go and pick up some of the needed items.  I gave her my county credit card and authorized her to make the purchases. In this case, her help was invaluable and resulted in a savings to the taxpayer as she used  her personal car and her own gas.  Her help also made it unnecessary to send a county employee on the errand, which freed them for other necessary duties.

Absent a court ruling otherwise, I believe this action is authorized under T.C.A. §§ 8-8-212 (a) that I interpret as giving the sheriff the authority on “urgent occasions” or “when required for particular purposes” to appoint as many special deputies as he deems proper. The law says the sheriff alone is the judge of “urgent occasions and specific purposes” when these temporary deputies may be used. This combined with the stated policy of allowing elected officials to use the credit cards to “promote and encourage the efficient conduct of business” would indicate I did not violate county policy; or, if I inadvertently did so by using a “non-employee,” I would contend that, in this instance, the county policy is superseded by state law.

I will say, I have not used a non-employee to make official purchases since then and will not readily do so in the future unless the situation dictates otherwise. But if an “urgent occasion” or a “particular purpose” arises and no full-time employees are available to meet the need of “promoting and encouraging the efficient operation of business,” I hold that the sheriff has the authority under state law to authorize a volunteer to make official purchases on his behalf, within existing budget allocations.

Audit noted:  September 2006, I hosted a meeting of the Bradley County Commission Law Enforcement Committee.

This was my first Law Enforcement Committee meeting after taking office. It was scheduled for 6:00 p.m. at the Justice Center and I was unsure of the protocol concerning meetings scheduled during the dinner hour. I decided to order pizza for all in attendance, including the news media and public. This was an official purchase and, again, it was not possible to use a PO. I thought at the time it would be a nice gesture and would serve to promote and encourage the efficient conduct of business. I have not purchased any food for subsequent Law Enforcement Committee meetings and have no plans to do so in the future.

Audit noted:  7/31/06 credit card purchase at the Holiday Inn, Cleveland, TN, for $158.13.

This purchase was actually made+ under the previous administration of Dan Gilley and I have no idea as to what it was for. It should be noted, however, that in this instance the county credit card was obviously used for a purpose other than “out-of-town travel,” and to my knowledge the previous administration was never challenged about it.

Audit noted:  9/12/06 purchase of office furniture for $789.93.

This official purchase was made by a Lt Eric Watson of the Judicial Services Division and was authorized by me for needed furniture in the Judicial Services offices. The credit card was used because Staples would not take a PO for the items, which were on sale at the time. Staples only takes POs for on-line purchases. By using the credit card, the BCSO purchased these items at a reduced sale price.

Audit noted:  9/18/06 purchase of a “goodie basket” for $28.76.

This was an official purchase authorized by me to properly thank Lee University for the use of their trolley during the BCSO Open House. Lee University provided the trolley at no charge to the county to transport many elderly citizens to the BCSO Open House. This was necessary because over 2,000 citizens attended the event and many had to park several hundred yards from the door. It would have been difficult for elderly and handicapped citizens to walk that distance in the heat. Because Lee University was kind enough to provide the trolley and driver, as well as the gas at absolutely no charge to the county, I authorized my staff to use the county credit card to purchase a thank-you basket. It was not feasible to obtain a PO for the purchase. Again, I consider this to be an official purchase designed to promote and encourage the efficient conduct of business. Lee University could have easily charged the county for the service they provided and I am grateful for their assistance.

Audit noted:  9/25/06 purchase of a rental van for $130.01.

This was an official purpose and authorized by me to promote and encourage the efficient conduct of business. On 9/25/06, the community was mourning the death of native son Sgt. David Weir, who was killed in action in Iraq. The funeral was conducted in Bradley County with full military honors and thousands in attendance. Prior to the funeral, the Westboro cult,  a Kansas-based hate group, threatened to disrupt and protest the service. Peaceful counter-protesters were also present. As sheriff, I was responsible for securing the event and protecting the lives and property of all concerned. As such, I ordered a SWAT team deployment and on stand-by in the event protestors disrupted the funeral and extra manpower would be needed to make arrests. Since Bradley County did not have a vehicle large enough to effectively transport the12-member SWAT team, I authorized the rental of this van for that purpose.

Audit noted:  9/25/06 purchase of food from Nelli Belle’s Restaurant for $77.82.

This expense is directly related to the above-mentioned event ~ the funeral of Sgt. David Weir ~ and was authorized by me to promote and encourage the “efficient conduct of business.” Prior to and during Sgt. Weir’s funeral, it was necessary to set up security for the event and conduct bomb sweeps early in the morning. To prevent protesters from infiltrating the event, deputies were posted inside and around the perimeter. Additionally, it was necessary to place deputies at a table inside Nelli Belle’s Restaurant, adjacent to the security zone, to keep protesters from assembling inside and possibly rushing the funeral procession as it passed. During the operation, deputies were positioned at a table near a window overlooking the designated protest area to keep a watchful eye and respond to any problems. I personally authorized them to be in plainclothes and to pose as diners as part of their official duties in order to blend in and gather needed intelligence. I also authorized food and drinks to be purchased using the county credit card for deputies stationed outside who could not leave the scene for breakfast or lunch. It was not feasible to obtain a PO for this short-notice operational expenditure.

Audit noted:  10/6/06 purchase of ammunition for the SWAT team of $150.

This purchase was made to replenish the supply of tear gas that had been depleted during the kidnapping/hostage/suicide incident on Greendale Drive. Following this incident, SWAT team commander Jerry Rogers informed me that the BCSO had no more tear gas available and if we had another such incident we would be unprepared. I directed him to immediately procure additional tear gas to ensure we would be ready in the event of any other possible incident requiring its use. I personally gave Sgt. Rogers the county credit card and instructed him to drive to Knoxville to make the necessary official purchase. It was not feasible to wait for a PO, which can sometimes take weeks to obtain.

Audit noted: purchase of an ID wallet badge holder for $29.95.

New employees are required to have credentials, including an ID with badge. This purchase was made to provide a new employee with such an item without having to wait weeks to obtain a PO. This was an official purchase authorized by me to promote and encourage the efficient conduct of business.

Audit  noted: 10/24/07 purchase of various law enforcement supplies for $453.26.

This purchase was made to replenish exhausted supplies needed to promote and encourage the efficient conduct of business. It is not feasible to wait for the PO process once supplies are unexpectedly exhausted. The items purchased were crime scene tape, hand sanitizer, flex cuffs, flashlight with safety cone and a raincoat. The items were needed in an expedite manner and this official purchase was authorized by me.

Audit noted:  purchase of flowers for a deputy wounded in the line of duty.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. The flowers went to Sgt. Bill Coultry, who was rushed to the hospital in serious condition after being ambushed and shot in the line of duty. They were sent on behalf of all members of the BCSO. A PO was not feasible for this purchase, so the credit card was used.

Audit noted:  10/28/06 purchase of meals in the amount of $70.42.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. On this date, the BCSO was assisted by personnel and assets of the Chattanooga Police Department and the Hamilton County Sheriff’s Office  while conducting drug searches at area high schools at the request of the school system. The BCSO did not, and does not, have at its disposal adequate assets or manpower to conduct such wide-spread searches as the one required by this request. Because Chattanooga and Hamilton County were kind enough to assist in this operation at their own expense, I felt it would be a nice gesture to at least provide them a meal while they were here. This type of operation helps promote safety and security in our school system. It was not feasible to obtain a PO.

Audit noted:  12/26/06 purchase of a planner/calendar in the amount of $33.86.
This purchase was necessary to begin immediately scheduling my appointments for the coming year, which were extensive. Our Staples PO account only covers on-line purchases and the item was needed immediately due to an influx of appointment requests. This was an official purchase authorized by me to promote and encourage the efficient conduct of business.

Audit noted:  2/6/07 purchase of video recorder tapes in the amount of $50.58.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. The purchase was made by jail staff to ensure we had video tapes immediately available to record activities and safeguard against potential use-of-force allegations which can occur inside a jail at any time. These tapes help document events and protect the county from liability and false claims. Upon realizing that the tapes were needed, it was not feasible to wait on a PO.

Audit noted:  1/22/07 purchase of two vacuum cleaners in the amount of $323.38.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. One vacuum cleaner was purchased with drug fund money and is used in the drug unit office. The other is used daily by custodian Howard Talbot to clean offices, hallways, meeting rooms, restrooms and all other areas of the BCSO administrative complex. It was needed to replace an old vacuum cleaner that no longer functioned. Employee Debbie Evans located the vacuum cleaners at Lowe’s at a sale price that was substantially less than prices on-line or even at Wal-Mart, and it was not feasible to wait on the PO process.

Audit noted: 1/26/07 purchase of a part for the polygraph machine in an amount of $77.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. The BCSO routinely uses polygraph examinations in the process of employee hiring and criminal investigations. The part was ordered from a company in Indiana that does not accept POs, and a two-week delay was not an option, which made the use of a credit card necessary.

Audit noted:  2/1/07 purchase of a power supply for the IT Unit in the amount of $339.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. The BCSO depends heavily on computers in our business operations, as does every other county department. This power supply was an emergency purchase to keep our computers operating properly. It was not feasible to delay the purchase while waiting on the PO process. Additionally, the part was ordered from a company in Alabama that does not accept POs, which made the use of a credit card necessary.

Audit noted:  2/6/07 purchase of 8mm video tapes for patrol cars in the amount of $39.40.

This was an official purchase authorized by me to promote and encourage the efficient conduct of business. The purchase was made by the Traffic Unit to ensure we had immediate access to video tape in order to record police activity, document evidence and help protect the county from liability and false claims. Upon realization that the tapes were needed, it was not feasible to wait for a PO.

Audit noted:  2/8/07 purchase of pens/shipping costs in the total amount of $174.95.

A few days prior to an annual job fair held at Cleveland State, employee Tacia Price came to me and requested ink pens to give away at the job fair in order to help promote the BCSO to Cleveland State students who were considering career options. She stated this had been done in previous years and the BCSO always participated. She advised that the date for the fair had slipped up on her and she forgot to order the pens. She advised they could still be obtained by using the credit card for the purchase, so I approved the purchase because the use of the PO system was not feasible due to time constraints.

Audit noted:  2-23-07 purchase of orange safety vests in the amount of $20.74.

This was an official purchase authorized by me for the Inmate Work Program. Capt. Gabe Thomas in Corrections came to me and stated they were in need of orange safety vests for the inmate work program in order to protect inmates who would be picking up trash on the side of busy roadways. Since the work crews were going out immediately, it was not feasible to obtain a PO, which would have detracted from the effective, efficient operations of the Sheriff’s Office. Additionally, the only local vendor that had the vests available at the time, K-Mart, did not accept POs. The credit card was authorized for the purchase.

Audit noted:  3/30/07 purchase of security tape in the amount of $26.75.

This purchase was made by a member of the Drug Unit to immediately  secure a meth lab that needed to be quarantined. No other security tape was available at the time and waiting for a PO was not an option. This was an official purchase authorized by me to promote and encourage the efficient conduct of business.

Audit noted:  4/3/07 & 4/5/07 purchase of binders in the total amount of $207.18.

This was an official  purchase authorized by me to promote and encourage the efficient conduct of business. Our budget requests for the year were due to be presented to the county commission on April 5, 2007. In addition to the normal paperwork, I decided to submit an in-depth presentation so the commission would have a better understanding of the funding needs of the BCSO, as well as detailed explanations as to why the needs existed, how they came to be and how funding would be used to meet those needs. I wanted a concise, well-organized and professional presentation, so I ordered the budget request be duplicated and bound in binders. Because we had not decided exactly what format the supplemental budget information would be presented until just a few days before the budget was due, it was not feasible to obtain the binders through the PO system The binders were purchased at Staples, which does not accept PO orders for in-store purchases.

Audit noted:  4/20/07 purchase of Police Academy materials in the amount of $62.70.