For the second year in a row, problems have arisen with federal paperwork
to secure funds seized from drug dealers for use by the Fayette County Sheriff's
Department for equipment and training.
The paperwork was not signed by County Commission Chairman Greg Dunn by
the Aug. 31 deadline, but Assistant County Attorney Dennis Davenport said
the sheriff's department withdrew the paperwork from the board of commissioners
on Aug. 25 before Dunn had the chance.
Dunn reiterated the point after Thursday's County Commission meeting.
"None of the commissioners signed it, because it was withdrawn before
the deadline," he said.
The county's head of finance, Mark Pullium, said yesterday that he
had not been involved in this year's controversy over the drug funds.
"I know our external auditor is here this week, but there's not
been any special requests concerning those funds," he said.
Rick Lindsey, attorney for the sheriff's department, contends that
Dunn was provided with supporting documentation, a financial summary of the
department's drug forfeiture account and a copy of the check register
of the account.
Both attorneys sent letters outlining their viewpoints to the U.S. Department
of Justice, which handles the paperwork through its Asset Forfeiture and
Money Laundering division.
In his Sept. 2 letter, Davenport said "a request is currently being
made for supporting documentation for the certification."
But in Lindsey's Sept. 8 letter to the same agency, he indicated that
Dunn had the original documentation provided for almost a month "and
never made a request for additional documentation and never asked questions
of the sheriff regarding these funds."
Lindsey also said that "to the best of the sheriff's knowledge" none
of the information regarding the paperwork and its documentation was forwarded
Davenport concurred that the information was received by the board in late
July, but when an employee of the sheriff's department took the certification
letter back from the board's office, "no mention was made that
the certification was being forwarded to the Department of Justice without
the signature of the board."
"The board, consistent with last year's request, will not consider
the execution of the certification without proper supporting documentation," Davenport
wrote in the letter.
Lindsey said that a county official contacted a sheriff's representative
shortly before the Aug. 31 deadline for the paperwork, saying Dunn was not
going to sign and "no explanation was given." Sheriff Randall Johnson
was then instructed, it doesn't say by whom, to send in the paperwork
with just his signature only, Lindsey said.
Following that submission, the county asked to have its financial director
review the federal forfeiture account, Lindsey said. That permission was
granted by the sheriff and is the same process used last year, Lindsey added.
"The federal forfeiture account, like all of the sheriff's funds,
are audited each year by an outside, independent certified public accounting
firm," Lindsey said. "The audits are public documents and are given
to the county commissioners each year for review. The chairman is provided
with sufficient information to provide him with the needed information that
all of the federal forfeiture funds are properly deposited into the account
and properly utilized under the federal guidelines."
A similar controversy arose last year when Dunn refused the sign the certification
saying there hadn't been a full accounting of how the monies in the
fund were spent. The county's chief financial officer did audit last
year's fund, however.
Ultimately, last year's certification for the drug seizure money was
signed by board vice chair Linda Wells once Dunn refused to sign.







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