Pubdate: Fri, 10 Aug 2001
Source: Southern Standard, The (TN)
Copyright: 2001 Southern Standard & The Smithville Review
Contact:  http://www.zwire.com/site/news.cfm?brd=941
Details: http://www.mapinc.org/media/1513
Author: Steve Warner
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

SHERIFF CALLS MARTIN A LIAR

Matheny Says He's Tired Of Commissioner's Accusations

In a recent audit done on Warren County's finances, county commissioner 
Michael Martin said he believes Sheriff Jackie Matheny is guilty of far 
more than not following proper procedures as indicated by the report. 
Martin called the sheriff's purchase of a SUV criminal behavior. "It's 
theft, plain and simple," said Martin. When questioned why he didn't make a 
formal statement to the County Commission, Martin said, "I don't have to. 
It's right there in black and white."

Sheriff Matheny didn't mince words yesterday when responding.

"Michael Martin's a liar," Matheny said. "We've bought cars in this manner 
before, and this is the first I've heard of it being a problem."

The sheriff was referring to purchasing vehicles from the county's drug 
funds which, unlike tax dollars, come from seizures of drug money, and 
other goods during arrests.

According to the audit, the sheriff used $19,200 in confidential drug funds 
to purchase a used vehicle for his use. Section 39-17-420, Tennessee 
Annotated Code (TCA) requires the sheriff to follow certain guidelines when 
accounting for drug fund money.

These guidelines state confidential funds may only be used for confidential 
purchases, and, the sheriff did not solicit competitive bids through 
newspaper advertisement for the purchase of his vehicle. Chapter 16, 
Private Acts of 1951, states all purchases exceeding $5,000, must be 
approved by the Purchasing Commission on the basis of competitive bids 
solicited through newspaper advertisement.

Sheriff Matheny contended he did nothing wrong in the purchase.

"It was a used car which I use to do undercover work, and also use for 
DARE," Matheny said. "That would justify the purchase alone.

"Because it came out of the drug fund, it saved the taxpayers money. I've 
done it that way before, and frankly I might do it again."

Matheny said he was tearing up his taxpayer-bought squad car making trips 
to rural areas, so the purchase of the SUV not only fell into the category 
it was supposed to for confidential drug funds, it was more suited for its use.

As for getting three publicized bids, Matheny said it would compromise the 
vehicle as an undercover unit if everyone were to know what type of vehicle 
was purchased. Matheny said he did get three undisclosed bids however.

Auditors rebutted the sheriff's explanation, claiming changes governing the 
use of drug control funds were made in 1998 and funds were supposed to be 
administered by the county executive through a special revenue fund and for 
all funds to be appropriated by the County Commission. The audit did say 
the sheriff could administer confidential funds, but questioned the claim 
of confidentiality in this case because of the high-profile status of the 
sheriff, meaning he was an easily identified public figure.

"If I'm guilty, I'm guilty of saving the taxpayers money," Matheny replied.

Matheny indicated Martin's claims were not the first time he has had an 
encounter with the commissioner, stating he was turned in for littering 
when filling a sink hole on jail property.

"You haven't heard the last of this," said Martin, although he would not be 
specific on what action he might take.

According to County Executive Carol Hamblen, either the district attorney 
would have to pursue the matter if he believed it was a criminal action, or 
the full County Commission could pass a resolution assigning the job of 
policeman's policeman to county attorney Larry Stanley.

Hamblen said she has heard no information which would cause her to believe 
any such actions were being contemplated.
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MAP posted-by: Terry Liittschwager