Pubdate: Thu, 03 Apr 2003
Source: Daily Post-Athenian (TN)
Copyright: 2003 East Tennessee Network - R.A.I.D. (Regionalized Access Internet
Contact:  http://dpa.xtn.net/
Details: http://www.mapinc.org/media/1673
Author: BEN BENTON

BILL 'THREATENS' DRUG TASK FORCE SURVIVAL

DECATUR - A bill under consideration in the Tennessee Legislature is said 
to threaten the state's Drug Task Force units, including the one in the 
Ninth Judicial District, and prompted the Meigs County Commission to 
unanimously approved a resolution opposing it recently.

Local district attorneys question the Legislature's "motivation" in the 
move and its definition of "participation" as it applies to the bill.

Ninth District Attorney General Scott McCluen addressed the Meigs 
Commission March 17, calling for opposition to House Bill 880 and its 
companion, Senate Bill 1281.

The legislation will deliver a crushing blow to law enforcement in his 
district and act as a "windfall" for drug traffickers, McCluen said.

Meigs is one of four counties in the Ninth Judicial District, along with 
Loudon, Morgan and Roane counties. The House bill was introduced Feb. 13 by 
state District 21 Rep. Dennis Ferguson, D-Kingston, and signed additionally 
by representatives Chris Newton, R-Cleveland, Russell Johnson, R-Loudon, 
and John Mark Windle, D-Livingston.

The Senate bill was introduced the same day by state Sen. Randy McNally, 
R-Oak Ridge.

McCluen complained the legislation was pursued without any consultation 
with those it affects.

"None of us were consulted before this was filed," he told Meigs 
commissioners. "They declined to meet with me and we don't know what their 
motivation was."

Johnson, a primary supporter of the bill, said the motivation behind the 
legislation came from what he said were problems with case prosecution and 
the use of the DTF in McCluen's district.

McCluen told Meigs commissioners the bill was introduced without input from 
the heads of the Judicial Districts.

The bills seek to require at least three-fourths of the law enforcement 
agencies in a District to participate in the local DTF before, as the 
legislation states, "the rights, powers, duties and immunities (are) 
conferred by this section on law enforcement officers, assistant district 
attorneys general or district attorney general criminal investigators 
relating to the investigation and prosecution of drug and violent crime cases."

McCluen's counterpart in McMinn County, 10th Judicial District Attorney 
General Jerry N. Estes, said he was waiting for more information on the 
legislation and said he hoped for a clearer definition of "participation."

"I have contacted my legislators and advised them I don't believe the 
legislation would be helpful to the DTFs," Estes said. "I offered to 
discuss this with them. In my situation, our bylaws provide that every 
agency (in the District) is a member of the board in an advisory capacity. 
So from that standpoint there's 100 percent participation. They don't all 
choose to participate. The voting members are those agencies who make 
contributions to the DTF in terms of resources."

The sticking point is the definition of "participation," he said. Estes 
said there are about 18 local agencies in 10th Judicial District's 
four-county area of Bradley, Polk, McMinn and Monroe.

"Some of them are one-person organizations and they don't have time to come 
to meetings," Estes said. "We have one annual meeting each year and we have 
more show up for that."

Estes said of the 10th District, "I think it's key that all four sheriffs 
are active members."

Estes said if the legislation moves forward in the General Assembly, the 
bill could become a harbinger of the DTFs' demise.

"If three-fourths of all agencies are required to participate, it would be 
the death knell for our DTFs. I'm not sure they would want to do that," he 
said.

Agencies' ability to participate waxes and wanes in every district, 
according to Estes.

"Ours is set up so the significant departments can participate at the level 
they wish," he said. "I'm very hopeful, with the track record I've had with 
these legislators, they'll be understanding of these issues."

McCluen told Meigs commissioners the bill couldn't be justified in the 
interest of cost-cutting.

In a letter to representatives, McCluen said, "Even though this legislation 
could materially benefit drug traffickers by stopping the flow of $95,000 
.. in the Drug Task Force's war on drugs in Loudon, Meigs, Morgan and 
Roane counties, we were not afforded the opportunity in advance to discuss 
the ramifications of this legislation.

"It is important to note that there are no state (or local) funds 
supporting this program," McCluen said.

According to McCluen, $1.71 million - largely from federal Department of 
Justice Edward Byrne Memorial Grant monies - flows into more than 75 
percent of the DTFs in Tennessee which might not meet the "three-fourths 
participation" criteria.

Other revenue contributing to the operation of DTFs comes from fines, 
seizures and forfeitures from drug operations conducted by the agencies. 
McCluen said the legislation could have the effect of closing up shop for 
three-fourths of the DTFs instead.

Newton said there had been little communication between legislators and 
McCluen, as far as he knew.

"Scott McCluen has not even made a telephone call to me," said Newton.

"I would personally appreciate a telephone call from Mr. McCluen to discuss 
Mr. Ferguson's bill . and I look forward to the conversation with District 
Attorney McCluen, as soon as possible, particularly since the bill will be 
coming before my committee in the House."

Newton said he agreed with Estes' concern that a clearer definition of 
"participation" was needed in order for district attorneys to understand 
what it took to meet the new proposed criteria.

Newton deferred other comments to the bill's sponsor, Ferguson. Newton said 
he was asked by Ferguson to join him on the bill.

"Dennis asked us to sign on to it and that's effectively what we did," 
Newton said.

Johnson said it was realistic to say the bill might need more clarification.

"I realize the bill needs to be amended before it goes forward," he said. 
He said he hoped the discussion about the problems might lead to a solution.

"There's a lack of cooperation in his office. The bill was introduced to 
try to get him to the table to get these issues resolved. Meigs County 
Sheriff Walter Hickman is the only one participating in the (Ninth Judicial 
District) DTF," Johnson said.

Johnson said a meeting with the four sheriffs in the district was planned 
to address some of the problems.

"Somehow, we have to break that deadlock," Johnson said. "There doesn't 
seem to be that problem in other districts."

Johnson said the issues for the Ninth District - all largely associated 
with Roane, Loudon and Morgan counties and not Meigs - had dissolved into a 
war of words, "but we want everybody to get along."
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