Sheriff talking legal recourse for drug asset funding

Published 7:17 pm Friday, November 11, 2016

A request for new vehicles sparked a heated discussion and post-meeting press conference after the Beaufort County Board of Commissioners’ meeting on Monday.

Beaufort County Sheriff’s Office Chief Deputy Charlie Rose presented the request for three new vehicles using Beaufort County’s share of the U.S. Department of Justice Asset Forfeiture Program, a program in which any agency that directly participates in an investigation or prosecution resulting in a federal forfeiture may request a share of the proceeds, according to a USDOJ brochure about the program, as well as a similar program defined by North Carolina’s State Unauthorized Substances Act, administered by the state Department of Revenue.

The request was denied by the board in a 2-5 vote, prompting Beaufort County Sheriff Ernie Coleman to accuse county commissioners of “political posturing.”

“What they’re doing here is trying to play a ‘stick out your chest’ game, and they have absolutely no right,” Coleman said during a press conference held immediately after the board meeting. “All this is, is pure arrogance.”

When Rose presented the request, he told commissioners that the asset forfeiture money has to be used, and the request was based on safety: putting deputies on the road in vehicles with more than 100,000 miles on them puts deputies at risk.

“At this point, we’re trying to keep our people safe — more safe than what we’re allotted by county commissioners,” Rose said.

Coleman said he had created an aggressive vehicle replacement program in the two years he’s been in office, whereas before, the county had let it go. In the 2016-17 budget, the sheriff’s office was allocated funds for seven new vehicles.

Currently, the Beaufort County Sheriff’s Office has approximately $150,000 of asset forfeiture money — the request of three new vehicles carries a price tag of $109,000. The county has oversight of the funds, but the money can only be spent by law enforcement agencies for law enforcement purposes: investigations, training, detention facilities, equipment, travel and transportation, awards and memorials, drug and gang education awareness programs and more.

However, for large amounts, like $109,000, the sheriff’s office must get the county’s approval for its use, according to County Manager Brian Alligood. As the request came outside of budget negotiations, commissioners would also have to pass a budget amendment to release the funds, which they declined to do.

Board of Commissioners Chairman Jerry Langley said the decision was based on the board’s policy.

“They know that we’ve said we’re only going to buy vehicles once a year,” Langley said. “We only buy vehicles once a year, and we’re not changing that.”

Commissioners Robert Belcher, Ed Booth, Gary Brinn and Hood Richardson were in agreement, asking that Rose come back during the 2017-18 budget meetings to make the request.

“If, at that time, they want to purchase those vehicles, that would be perfectly fine, and that would have nothing to do with what they request in the budget for the following year,” Langley said.

Coleman believes the sheriff’s office has the right to use the money when and how it sees fit.

“The office of the sheriff does not work for the county. However, we are connected to the budget here,” Coleman said. “It’s been a fight all the way with them.”

Coleman said he will be consulting with outside counsel in the North Carolina Sheriff’s Association and may seek legal recourse to purchase the vehicles.

Alligood pointed out that if Coleman does take the issue to the courts, the county will not pay for a lawsuit against itself.