Pubdate: Fri, 12 Feb 2010
Source: Asheville Citizen-Times (NC)
Copyright: 2010 Asheville Citizen-Times
Contact: http://www.citizen-times.com/contact/letters.shtml
Website: http://www.citizen-times.com/
Details: http://www.mapinc.org/media/863
Author: Jon Ostendorff

JACKSON COUNTY REVAMPS DRUG-MONEY SPENDING AFTER CITIZEN-TIMES REPORT ON 
SHERIFF JIMMY ASHE

Spending By Jackson Sheriff Detailed In C-T Probe

SYLVA -- Jackson County has taken over control of spending from a tax
on drug dealers following questions on how the money was being handled
by Sheriff Jimmy Ashe.

The county finance officer will now manage spending from the
narcotics fund, something Ashe had done with little oversight.

The sheriff since 2007 has directed $10,588 to sports programs,
trophies, booster clubs and a high school chorus, responding to
requests made to him personally.

In one case, he directed $3,000 to youth baseball teams -- including a
team on which his son played, according to documents obtained by the
Citizen-Times through state public records law.

The N.C. Department of Justice says the drug tax money is intended to
help law enforcement "deter and investigate crimes, especially drug
offenses." Ashe said he wanted to keep children from using drugs by
giving them something constructive to do.

In keeping watch over the spending, the county will follow
recommendations made by the Department of State Treasurer, including
having two county officials sign off on narcotics fund checks, County
Manager Kenneth Westmoreland said Thursday.

The treasurer's office sent a letter to the county in response to a
Citizen-Times article Sunday detailing the spending. The county
finance office, which is charged with keeping track of government
spending, didn't have oversight in giving to youth sports teams. The
office didn't see the expenditures until after the checks cleared,
though county audits found no wrongdoing.

"Technically, the county was not out of compliance with the fiscal
control act," Westmoreland said.

"However, requiring two signatures on checks is good fiscal policy,
which is and has been the standard for all Jackson County accounts
with the exception of the sheriff's narcotics account." That account
is funded by taxes collected from drug dealers. Sheriffs and local
police get 75 percent money from cases they investigate. The money for
youth sports came from supplies and equipment accounts within the
Sheriff's Office budget and was later reimbursed through its narcotics
fund. Ashe turned over control of the narcotics fund to Finance
Director Darlene Fox this week, he said.

Question on motorcycle use Sharon Edmundson, state fiscal management
section director, also said in the letter from the treasurer's office
that the county should "consider the payroll implications of the
sheriff's personal use of a seized motorcycle." Ashe said he used a
2003 Harley-Davidson seized in a federal drug case for official
business, including driving to and from work. It was used in some
undercover drug operations and two charity rides, he said. The sheriff
said he used the motorcycle, in part, to evaluate whether motorcycles
would be useful for patrol officers. He parked the bike in his
basement during the winter, and it was later sold by the county.
Westmoreland said the county is investigating use of the motorcycle.
The sheriff will give the county an official statement about it, he
said. But, Westmoreland said, even if the 1,326 miles put on the bike
since it was with the county are all personal, Ashe's tax would be
less than $50. Federal law prohibits the personal use of seized
property. Sanctions against a local law enforcement agency could
include losing the right to participate in the U.S. Department of
Justice's seizure program. Spending on youth sports supported Jackson
County commissioners said this week they had no problem with spending
drug tax money on youth sports.

"This is probably an innovative way to use those drug tax dollars,"
Commissioner Tom Massie said. "We are talking about an insignificant
amount of money." Commissioner William Shelton also said he approved
of spending the money on youth sports.

"Does there need to be more oversight?" he said. "Sure. I would say
more than likely that if the sheriff came with a request and said I
would like to spend this money on youth sports, more than likely that
would have been an approved use." Commissioner Mark Jones said the
issue comes down to trust. "On our taxpayer dollars, I would truly
rely on the integrity of the sheriff to spend that in a forthright
way," he said. "I have total trust in this particular sheriff."
Commissioner Joe Cowan didn't immediately return a message on
Thursday. Chairman Brian McMahan declined to comment. 
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