Sampson Sheriff Saga Continues

By Robert Jordan
Dunn Daily Record

SAMPSON COUNTY – Wednesday morning saw a new battle waged in the current war regarding the fiscal support of the Sampson County Office of the Sheriff. During a “recessed” meeting (workshop) held by the Sampson County manager, assistant manager, director of human resources, director of finance and the board of commissioners, the Sampson County Office of the Sheriff was taken to task.

The meeting followed an agenda established by a prepared report that included topics on restraints of budgeting, human infrastructure challenges and clarifying misinformation.

“This report has been developed not only for presentation to the Board at this special session but it should also serve as a handbook and reference materials for the Board’s budget deliberations moving forward,” the report states.

“Our country and Sampson County have entered perilous times because of inflation, supply chain issues, and the remnants of the pandemic. … Clearly, the recently expressed concerns regarding the salaries of the deputies have brought our many challenges to the forefront.”

The document outlines budgeting practices, procedures and considerations, but a definite underlying theme of angst with Sheriff Jimmy Thornton appears as well.

Page upon page of information are included in the report regarding revenue sources and planned expenditures. One question posed in an FAQ section reads, “How do unplanned expenditures affect the County’s budget? Since the County must set the property tax rate at the beginning of the year, there is not a chance to pay for unplanned expenditures without using our fund balance. When we hire additional personnel or raise salaries, those amounts must be added to the budget requirements for the next fiscal year. This reduces the amount of new funds available to pay for County operations and may require a tax increase in future budgets.”

In a section titled, “Current Vacancies,” the report states that as of Sept. 1 the Sampson County Detention Center had seven vacancies and the Sampson County Sheriff’s Office had seven vacant deputy positions.

Under “Recruitment Challenges,” the document notes, “Detention – 10% pay increase implemented in September 2021, following a 5% COLA for all employees in July 2021, has not definitively helped with hiring or retention. … Recruitment challenges have been steadily growing; however, the pandemic greatly exacerbated the problem. These are the same challenges facing all county governments.”

In a section called “A Clarifying Perspective,” the report explains there are “misperceptions” regarding the battles between management and the sheriff’s office.

• “Misperception: The Board of Commissioners and Administration have not done anything to support our law enforcement officers. … Sheriff Thornton, quoted in The Daily Record and on social media, attributes the loss of employees to the lack of support from the Board and Administration, saying: ‘Due to the failure of the County Manager to work with my office to fully fund our officers …’”

Thornton’s actual quote on Aug. 23 in The Daily Record read, “The residents of Sampson County are not safe. Due to lack of adequate funding, I am unable to protect them as I was elected and sworn to do.”

The author of the report responds, “It is disingenuous to intimate that the Board of Commissioners and County Administration have done nothing to support our law enforcement and detention officers.” The report then explains efforts claiming to fiscally support the Office of the Sheriff in several paragraphs, but ends with, “However, it is important to remember many local governments chose to layoff employees during the pandemic; Sampson County did not.” A ruling of the North Carolina Supreme Court stated no municipal government has the authority to hire, suspend or terminate employees of the sheriff’s office, leaving that sole responsibility to the sheriff.

• “Misperception: There are not enough available officers to ensure the safety of Sampson County citizens. … Sheriff Thornton, quoted in The Daily Record and on social media: ‘Right now we have four deputies on patrol at night when we need at least eight.’”

In response, the county says, “It is true that the Sheriff’s Department and Detention Center are significantly challenged by vacancies. … We applaud many of our departments who have been proactive when addressing employee shortages by realigning or reorganizing their available workforce to ensure services are provided efficiently. … The duty assignments of the Sheriff’s department are the sole responsibility of the Sheriff. With 95 funded positions, the possibility for duty reassignments to meet current identified needs might offer increased efficiency while sustainable long-term solutions are found. Maximizing available resources is a sound and guiding philosophy for budget expenditures.”

• “Misperception: The Sheriff has not had the opportunity to present his department’s needs,” continues the report. “Sheriff Thornton said in the letter to the County Commissioners dated August 5, 2022, ‘In past years, I’ve met with the County Manager to explain the Sheriff’s Office needs and budget. That did not happen this year or last year. The County Manager did the Sheriff’s Office budget with little input from my office.’”

The report’s response reads, “During the preparation of the most recent FY 22-23 budget, the Sheriff did not request a budget meeting with the County Manager and Finance Officer nor to present at the Board’s budget work session. Moreover, he did not speak during the budget public hearing to voice his concerns regarding employee compensation.”

• “Misperception: The County’s budget does not respond to priorities. … Sheriff Thornton, quoted in The Daily Record and on social media: ‘The County Manager’s budget has put us in a ditch that leaves citizens at risk.’”

Chair of the board of commissioners, Sue Lee is quoted, “‘We do need to set priorities and spend tax money wisely.’ That is our prevailing budgeting philosophy. While the County Manager and staff prepare, present and recommend a proposed budget, the budget decisions are ultimately the Board’s, not the County Manager’s. As Board Chairperson Lee has eloquently noted, ‘As commissioners, we cannot be one dimensional in our budget-making process.’”

PBA: ‘Inappropriate’
Brandon C. McGaha, staff representative for Governmental Affairs of the Southern States Police Benevolent Association, attended the meeting and spoke with The Daily Record regarding his assessment of the session.

“This was an inappropriate setting to hold this sort of discussion,” McGaha said. “Since there was no public comment, it gave county officials three hours to grandstand. While I am sure they are great people and work hard for the County, they left the budget instruction areas and entered into comments made by the Sheriff.”

“The Sheriff is a constitutional officer created by this state’s constitution in 1776. The Sheriff is elected, and his deputies are political appointees of his office. They are not county employees,” explained McGaha.

“The Sheriff’s Office is not a department or program of the county. … The county has been made aware of this issue. Yet, they keep referring to the Sheriff’s Office as a department, most likely, as an attempt to suggest the Sheriff’s Office is a department of the county and they have some management control.

“The county cannot fire a deputy or stop their benefits as long as the sheriff employs them. The county supplies benefits to deputies because the mechanism already exists. Instead of the Sheriff having to create it all, there is a local mechanism of government to give deputies benefits. Benefits and budget are an extension of the county government and sheriff’s relationship.”

McGaha then said, “They spent a lot of effort trying to demonstrate the county manager was being paid at market value. That being said, they do not seem concerned with deputies being paid below market value.”

The Police Benevolent Association representative asserts it is wrong to consider a sheriff’s deputy as a county employee in considering pay rates. He estimates the Sampson deputies are underpaid on average by about $6,000 per year.

He also took exception with Chairperson Lee comparing the county manager’s salary with the salary of the sheriff. “The county manager is an employee of the county. The sheriff is the highest elected official in Sampson County,” he said. “There is no way to fairly compare the salaries.”

McGaha was concerned with the tone of the meeting. “I was also surprised at the level of distrust and dislike from the county employees and board toward the sheriff’s office.”

Other items he says need attention include a lawsuit against the county for possibly withholding salary from sheriff’s deputies and information he has received on an inquiry for the possible mishandling of benefits for another sheriff’s office employee.

“The county needs to get the pay issue under control to make Sampson County competitive,” McGaha emphasized. “The property crime rate in the county is very high. Property crimes can be directly affected by the number of deputies patrolling. The NCPBA is dedicated to ensuring these deputies get a fair wage for putting their lives on the line to protect the people of Sampson County.”

The document presented at the meeting can be found at https://bit.ly/3SkCJYb. The meeting was recorded and can be viewed in three parts at https://youtu.be/nuIJStJm9pI , https://youtu.be/u7xREzC4ihc and https://youtu.be/VO3pfk4zfes .

EDITOR’S NOTE FROM THE DAILY RECORD: The Daily Record requested an interview with the county manager’s office to avoid further “misperceptions,” but Assistant County Manager Susan Holder declined, saying no one would be available to talk before deadline.