The outgoing sheriff said he was blindsided by the county council’s action Monday to freeze the department’s overtime funds. Members said too much was being spent so early in the fiscal year.

The sheriff’s department has spent 70 percent — $105,000 of $150,000 — of its overtime funds for the detention center in the first five months of the fiscal year. It has spent 47 percent — $235,000 of $500,000 — of its overtime wages in the sheriff’s department. The money is supposed to last until July 31, 2009.

A memo was sent to Nash from County Finance Director Lee Moulder stating concern that the overtime budgets were running low because of the spending rate.

“Please arrange to bring your overtime within the amount budgeted by council as soon as possible,” Moulder stated.

The memo did state that the department was on target with its combined regular and overtime wages spent, at 33 percent. However, Moulder said the overtime funds spent thus far was an “unhealthy ” amount.

Nash said there are a number of open positions in the department — ten in the detention center alone — and overtime funds had to be used to cover the extra shifts.

“It’s something we go through every year; it’s not a crisis,” Nash said.

He also said available overtime funds were less this year then in the past, and he had to spend more of them.

According to Franklin Smith, Jail Administrator Detention Operation, approved overtime funds were nearly $100,000 less than requested for the detention center and close to $200,000 less than requested from the sheriff’s department.

“This has been a constant struggle,” Nash said.

Moulder’s memo reminded Nash of an ordinance that allows the council to freeze the department’s funds if members felt it was being spent too rapidly.

Nash had not responded to Moulder’s memo by the time the council held its meeting on Nov. 17.

Council Member Chris Murphy added the item to the council’s Budget, Control and Finance Committee agenda, which was held immediately before the council meeting.

The sheriff did not attend the committee or council meeting.

“There are questionable expenditures being funded,” Chris Murphy said.

Council Member Jamie Feltner expressed concerned that Nash had not responded to Moulder’s memo in a week’s time.

Nash said he had been working on a response but had not sent it.

“We were looking into (the) situation, had a draft response with a few figures,” Nash said.

His response was sent late afternoon on Wednesday, Nov. 19, in which he contends that he had not misspent overtime funds.

“The overtime situation is not from abuse or misuse but reflects both a budget shortfall that we were all aware of at the beginning of the fiscal year, and the fact that we have had an average of 10 open detention slots, 3 open dispatch, and 3 open patrol slots throughout the first 4 months of the new fiscal year,” Nash’s memo stated.

Nash’s memo also states that he will transfer funds throughout the department to make up for the overtime shortfall. He said the adjustment will put the detention center “on budget” for overtime and reduce the shortfall in the sheriff’s department to 1 percent.

It adds that he was “astonished” that the council took action on the department’s budget without informing him.

“The action taken, and the public criticism that ensued, was totally unnecessary and uncalled for,” Nash’s memo stated.

In a separate interview, he said he wasn’t surprised by the move.

“The way in which this was done (as a) last minute amendment to the agenda; this has happened frequently with this council, (it’s) ambush politics,” Nash said. “There is a history of this stuff going back for years.”

After reading Nash’s memo, Council Chairman Larry Hargett said the council acted based on the information they had at the time.

“We hadn’t heard from (Nash); we didn’t know if he was stalling us or what was going on,” Hargett said. “Funds are tight in the county, we have to watch every dollar right now.”

As for the amount overtime funds approved, Hargett said, “We didn’t think the situation with the management of the jail warranted the overtime (requested).”

He added, “When we hear someone has overspent their budget, we get interested quickly.”

Contact Jenny Peterson at 873-9424 ext. 216 or JPeterson@journalscene.com.

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