nsaa excellence in accountability award · copies of this report are being forwarded to governor...

National State Auditors Association 2019 Excellence in Accountability Awards

ENTRY FORM

Name of project: Lawrence County Sheriff State submitting entry: Tennessee Office: Comptroller of the Treasury State contact person: Kevin Huffman, Deputy Chief Investigator, Division of Investigations Phone number: 615-401-7843 Email address: [email protected] Please indicate the award type you are submitting for:

Performance Audit

Number audit hours

Forensic Report X

Special Project

Each entry must be submitted in unprotected PDF format only to Sherri Rowland at [email protected], and should include the following: Completed entry form. A write-up (maximum of 2 pages) identifying the report/project performed and the result. A copy of the formal report or project. (This requirement may be waived at the Committee’s

discretion for a Special Project, depending on the nature of the project. See award guidelines for more information.)

Additional information such as copies of newspaper articles, legislation or policy changes that resulted from the report or project. Additional materials too large to email (e.g., video of a news item) should be submitted on a CD/DVD/thumb drive. Six (6) copies of the CD/DVD/thumb drive must be received by Sherri Rowland at NSAA prior to the submission deadline. CDs/DVDs/thumb drives should be mailed to Sherri at 449 Lewis Hargett Circle, Suite, 290, Lexington, KY 40503.

Please note: It is solely the submitter’s responsibility to ensure that all materials are received by Sherri Rowland

prior to the submission deadline. To be considered for an award, all documents must be submitted electronically in PDF format.

Links to documents on a website will not be accepted. (See exception above for materials too large to email, and certain Special Projects subject to committee approval.)

PDF documents must not be protected in any manner that would prevent printing or require a password to access the documents. Protected documents will be disqualified.

The entry must be e-mailed to Sherri Rowland at [email protected] and received no later than 5:00 p.m. EST on Monday, February 25, 2019. Submissions received after the deadline will not be accepted. You will receive a confirmation e-mail confirming your entry was received. If you have not received confirmation within two business days, please contact Sherri directly at (859) 276-1147.

February 22, 2019

Lawrence County Sheriff’s Department Investigative Report The Tennessee Comptroller’s Office, working in conjunction with the Tennessee Bureau of Investigation, released an investigation detailing numerous problems within the Lawrence County Sheriff’s Department. The Lawrence County Sheriff’s Office is located in southern middle Tennessee. The Sheriff of Lawrence County was also a retired Tennessee State Trooper. Investigators determined that Sheriff Jimmy Brown and his jail administrator allowed inmates to leave the jail improperly. Some of the inmates were dropped off at public locations and only checked on when the supervising individual had time. Other inmates were granted furloughs without proper authorization by a judge. Another inmate was “loaned out” to sheriff’s department management and staff to help with chores at their personal properties. Sheriff Brown also exceeded his authority by releasing defendants on their own recognizance or on a signature bond without the proper order. In some situations, bond amounts were set by a court or magistrate, but the sheriff did not require the bond to be paid when the defendant left the jail. Comptroller investigators found several instances in which the Sheriff accepted campaign contributions from families of individuals he released on their own recognizance. The investigation also revealed that Sheriff Brown violated multiple laws in his handling of a confiscated still and moonshine. The seized items were not properly documented in the evidence log, and the sheriff told investigators that he poured the moonshine out prior to a court ordering its destruction. Sheriff Brown had a duty to arrest the suspects involved in this case; however, he did not make any arrests since he felt the family had “enough trouble elsewhere.” Investigators determined Lawrence County Captain Adam Brewer falsified his time sheet when he indicated he worked on September 16, 2016. Captain Brewer was actually in Florida on a personal trip in his Lawrence County assigned vehicle. Captain Brewer also exceeded his authority when he allowed two Lawrence County deputies to take extended sick leave from the Lawrence County Sheriff’s Department while they worked a second job at the Saint Joseph Police Department. Captain Brewer is also the Saint Joseph Chief of Police. Saint Joseph is located in Lawrence County. On May 10, 2018, Sheriff Jimmy Brown was indicted by the Lawrence County Grand Jury on two counts of official misconduct, one count of tampering with evidence, and one count of use of inmates for personal benefit. Captain Adam Brewer was also indicted on one count of official misconduct.

Lawrence County Sheriff’s Department

Comptroller’s Investigative Report May 10, 2018

Justin P. Wilson, Comptroller

May 10, 2018

Lawrence County Executive and

Board of County Commissioners

200 West Gaines Street, Suite 201

Lawrenceburg, TN 38464

Ladies and Gentlemen:

The Office of the Comptroller of the Treasury, in conjunction with the Tennessee Bureau

of Investigation, conducted an investigation of pertinent records of the Lawrence County Sheriff’s

Department, and the results are presented herein. These results have been reviewed with the district

attorney general for the 22nd Judicial District and with the district attorney general for the 23rd

Judicial District Pro Tem.

Copies of this report are being forwarded to Governor Bill Haslam, the State Attorney

General, the District Attorney General, certain state legislators, and various other interested

parties. A copy is available for public inspection in our office and may be viewed at

http://www.comptroller.tn.gov/ia/.

Sincerely,

Justin P. Wilson

Comptroller of the Treasury

JPW/RAD

http://www.comptroller.tn.gove/ia/


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INVESTIGATIVE REPORT

LAWRENCE COUNTY SHERIFF’S DEPARTMENT

BACKGROUND

Lawrence County is located in southern

middle Tennessee, and the Lawrence County

Sheriff’s Department is located in

Lawrenceburg, Tennessee, at the Lawrence

County Courthouse. The sheriff’s

department also consists of a corrections

division, which oversees the correctional

facility that opened at its current location in

2009.

The sheriff’s statutory duties encompass his

common law duties and can be grouped into

four broad categories: (1) keeping the peace,

(2) attending the courts, (3) serving the

process and orders of the courts, and (4)

operating the jail.

The Lawrence County Jail opened at its current location in 2009 and has a capacity of 262 beds.

According to the sheriff, the paid Work Release Program (WRP) was discontinued at the Lawrence

County Jail, and only the volunteer WRP is currently in use. Inmates must be sentenced to be in the

WRP, must have an extradition waiver, judgment of their sentence, and a completed

acknowledgment waiver form. Inmates are released to work for the day to officers, county or city

employees, or nonprofit business owners who have completed the supervisor class. The supervisor

and inmate must sign out upon exiting the jail and sign in when returning the inmate. The sheriff’s

department conducts the four-hour supervisor class several times a year, which details the rules and

requirements for both supervisors and inmates. Individuals who supervise inmates must complete

this class yearly.


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INVESTIGATIVE FINDINGS AND RECOMMENDATIONS

FINDING 1: The sheriff and the jail administrator violated multiple laws when they

allowed inmates to leave the jail improperly

Our investigation disclosed violations of law regarding inmates at the Lawrence County Jail as

follows:

A. The sheriff and the jail administrator exceeded their authority by allowing inmates to leave

the jail unsupervised and without proper court authorization. Tennessee Code Annotated,

Section 40-35-316, states that only the “sentencing court shall have jurisdiction to grant

furlough for any medical, penological, rehabilitative, or humane reason, upon conditions

to be set by the sentencing court.”

B. We reviewed the Furlough Book maintained in the Lawrence County Jail. The Furlough

Book contained 101 entries from November 25, 2014, through May 4, 2017. Only 33 of

those entries were properly authorized by a judge. We noted the following issues with some

entries:

Information required in the Furlough Book used at the jail

a. There were 37 furloughs granted by either the sheriff, chief deputy, captain, or the jail

administrator.

b. There were 24 furloughs that did not have granting approval notated.

c. There were seven furloughs granted by a staff member.

d. The person’s name receiving the inmate was left blank in one entry.

e. Destination of the furlough was left blank on 30 entries.

f. The date of the furlough was not notated on four entries.

g. The person’s name returning the inmate was left blank in 56 entries.

h. We noted that many of the entries were not legible.

C. Our investigation determined that a Tennessee Department of Correction (TDOC) inmate

housed in the Lawrence County Jail was being “loaned out” to sheriff department

management and staff to help with chores at their personal property for things such as


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cleaning, repair work, lawn care, and painting. Additionally, we noted non-TDOC inmates

were also “loaned out.” Tennessee Code Annotated, Section 4-6-138, deems it unlawful for

a person responsible for supervising inmates of the Department of Correction to use

inmates, or allow inmates to be used, for personal gain or to work on private property,

except as provided by law, and is punishable as a Class E felony as per Tennessee Code

Annotated, Section 4-6-139. In addition, Tennessee Code Annotated, Section 41-2-148,

addresses this issue for non-TDOC inmates.

D. We also determined that inmates were being released to their family members who took

them home or out of jail for the day. Inmates in the volunteer WRP should only be signed

out to go with city, county, or nonprofit personnel who have completed the required

supervisor class training. According to Tennessee Code Annotated, Section 8-8-201(3), the

sheriff is responsible for taking charge and custody of the jail of the sheriff’s county, and

of the prisoners therein; receiving those lawfully committed, and keep them personally, or

by deputies or jailer, until discharged by law.”

E. We further discovered that inmates in the volunteer WRP were not properly supervised.

Instead, some of these inmates were dropped off at public locations and only checked on

when the supervising individual had time. In some of these instances, we determined that

inmates were visited by their family, friends, or girlfriends, some with contraband. Having

unsupervised inmates in public could potentially endanger the public and expose the county

to liability.

Ball park at Saint Joseph that unsupervised inmates built

RECOMMENDATION:

Inmates should only be released for allowable reasons and with proper court approval. The

Furlough Book documentation should be accurate, complete, and maintained so the location of

each inmate is known at any given time. Inmates should not be used by department personnel for

personal gain or on private property. Inmates should only be released to supervisors who have

received the proper training.


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FINDING 2: The sheriff exceeded his authority and violated the law by releasing

defendants on their own recognizance or on a signature bond after a bond

amount had been set by a judge or court official

The sheriff exceeded his authority and violated the law by releasing defendants on their own

recognizance (ROR) or on a signature bond without the proper order. In some instances, bond

amounts were set by a court or magistrate, but the sheriff did not require the bond to be paid when

the defendant left the jail. Consequently, the proper bonding documentation was not on file if the

defendant failed to show up at the appointed time for court. Without collecting the bond as

collateral, the courts have no means to recover costs associated with apprehending the defendant.

We reviewed the bond reports from the court clerk’s office and questioned the sheriff on his acts

of releasing defendants on ROR and signature bonds. During our interview, the sheriff

acknowledged that he had been releasing defendants in this manner since he came into office in

2010. Also, he acknowledged that one of the judges will now have the defendant rearrested when

they show up for their court date and make them pay the stated bond if the sheriff has bypassed

the courts’ authority by releasing them on ROR or with a signature bond.

Additionally, in reviewing the Jail Event Logs, we noted that the chief deputy and the captain also

authorized the release of defendants on ROR or signature bond.

Tennessee Code Annotated, Section 40-11-104, states that only a magistrate or the trial court may

release the defendant on the defendant’s own recognizance. The sheriff and his staff do not have

the authority to authorize the release.

RECOMMENDATION:

The sheriff and his staff should not exceed their authority and violate the law by releasing

defendants on their own recognizance or on a signature bond after a bond amount has been set by

a judge or court official. Bond amounts set by courts should be collected as collateral.

______________________________

FINDING 3: The sheriff accepted campaign contributions from families of individuals he

released on their own recognizance or on a signature bond

Our review of the sheriff’s campaign contributions indicated there were relationships on nine cases

where the individuals released on their own recognizance or a signature bond were directly related

to a campaign contributor. However, the judge had already set bail for these individuals.

Additionally, we found approximately 20 more cases with family or close friends’ relationships to

the sheriff’s contributions donor listing. These relationships present the appearance of the sheriff

using his office to help families of those who contributed to his campaign fund in 2014, which

could be a violation of ethics and of his oath of office. Tennessee Code Annotated, Section 08-08-

108, states that


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The sheriff shall, besides the oaths prescribed for public officers,

take an oath that the sheriff has not promised or given, nor will give,

any fee, gift, gratuity, or reward for the office or for aid in procuring

such office, that the sheriff will not take any fee, gift, or bribe, or

gratuity for returning any person as a juror or for making any false

return of any process, and that the sheriff will faithfully execute the

Office of Sheriff to the best of such sheriff’s knowledge and ability

agreeably to law.

RECOMMENDATION:

The sheriff should avoid the appearance of using his office to help families of those who

contributed to his campaign and should comply with Tennessee law, ethical standards, and his oath

of office.

______________________________

FINDING 4: The sheriff failed to obtain the appropriate approvals and certifications for

two sureties on a court-ordered appearance bond

The Lawrence County General Sessions Court ordered a defendant to appear in court after he was

charged with several crimes and ordered the defendant to post a bond totaling $14,000. A

defendant may execute a bail bond and secure it by entering into a written undertaking signed by

the defendant and at least two (2) sufficient sureties and having it approved by the magistrate or

officer setting bail as per Tennessee Code Annotated, Section 40-11-122(2). A surety for this type

of bail bond shall be deemed sufficient if it is certified by the circuit court clerk of the county

where the defendant resides to the party accepting the bond as per Tennessee Code Annotated,

Section 40-11-106(b)(1). At a minimum, each of the sureties shall be worth the amount expressed

in the undertaking as per Tennessee Code Annotated, Section 40-11-123. According to Tennessee

Code Annotated, Section 40-11-106(b)(1), the sheriff is responsible for determining the sufficiency

of the surety and validity of a bond.

For the appearance bond exhibited below, there was no evidence of approval by the magistrate or

officer setting bail, nor is there a certification from the court clerk, or any other evidence, as to the

sufficiency of the sureties.


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Appearance Bond for $14,000 requiring two sureties per TCA 40-11-122(2)

On April 9, 2018, the defendant failed to appear in court, and the court issued a bond order against

the Appearance Bond. However, the court’s recovery of the $14,000 as a bond forfeiture is now

contingent on the ability of the defendant to pay, and if not able, the actual sufficiency of the

sureties.


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Bond Order for failure to appear

RECOMMENDATION:

The sheriff should comply with all laws relative to the execution of bail bonds.

______________________________

FINDING 5: The sheriff held a warrant for 99 days before having the warrant served and

the defendant arrested

We compared the warrants’ Criminal Papers Search Report and the jail’s Confined During Period

Report with court records and determined that the sheriff held a warrant on a specific defendant

that was issued on December 12, 2016, until April 11, 2017, a period of 99 days. The warrant was

only executed after a call from the district attorney general’s office. Under duties of office for the

sheriff, Tennessee Code Annotated, Section 8-8-201(a) requires the sheriff to:

(1) Execute and return, according to law, the process and orders of

the courts of record of this state, and of officers of competent

authority, with due diligence, when delivered to the sheriff for that

purpose; …


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(5)(A) Execute all writs and other process legally issued and

directed to the sheriff, within the county, and make due return

thereof, either personally or by a lawful deputy or, in civil lawsuits

only, by a lawfully appointed civil process server.…

RECOMMENDATION:

The sheriff should execute all writs and other processes legally issued and directed and return the

processes and orders of the courts of record of the state with due diligence.

______________________________

FINDING 6: The sheriff violated multiple laws in his handling of a confiscated still and

moonshine

We reviewed the sheriff’s department report related to a call about an active moonshine still.

Officers confiscated the still and approximately 1.5 gallons of cooked moonshine, six pints of

apple pie moonshine, one quart of unflavored moonshine, and one gallon of peach moonshine.

Also, approximately 50 gallons of precooked moonshine or mash found had been poured out onsite

by officers. The officers turned over the still and moonshine to Sheriff Brown on the same day it

was collected. According to the sheriff’s orders, the still was placed in the garage/sally port

connected to the jail, and the moonshine was placed in the sheriff’s office. The sheriff violated

various state laws in his handling of this case:

A. The seized items collected at the site were not properly documented in the Evidence Log,

nor was a chain of custody established as per the sheriff’s General Order No. 48. The sheriff

did not issue receipts to the confiscating officers for the still or the moonshine that he took

possession of. Tennessee Code Annotated, Section 57-9-106, provides that

every officer, other than the sheriff, taking into possession

intoxicating liquors as provided for in § 57-9-103, shall within five

(5) days after so doing, deliver the intoxicating liquors to the sheriff

of the county wherein the same was taken into possession, and the

sheriff shall execute to the officer a receipt for same in writing

showing the kind and quantity of intoxicating liquors so delivered,

and the name or names of the person from whom the intoxicating

liquors were taken….

B. We interviewed the sheriff about the still and related moonshine. As of the date of the

interview, February 5, 2018, more than 606 days after the confiscation, the sheriff’s

department had not destroyed and rendered the still and worm coil condenser useless as

required by Tennessee Code Annotated, Section 57-9-101(c). The sheriff also stated that

he poured out the moonshine and washed the containers in the dishwasher. The disposal

was not properly documented or witnessed as he acknowledged it should have been, nor

were the necessary reports written and sent to the courts or to the Tennessee Alcoholic

Beverage Commission as required by Tennessee Code Annotated, Section 57-9-101(c). In

addition, if the intoxicating liquors are not summarily destroyed, and are either taken by


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the sheriff or delivered to the sheriff, the sheriff is required to safely keep the intoxicating

liquors until ordered to dispose of them by court order as required by Tennessee Code

Annotated, Section 57-9-107. As per the sheriff’s admission, he disposed of the confiscated

moonshine prior to the court ordering its destruction.

Still comprising of the Cap and Boiler Worm Coil Condenser

C. Pursuant to Tennessee Code Annotated, Section 39-17-707, the possession or control of a

still that is used or intended to be used for the purpose of manufacturing intoxicating liquor

is unlawful and is punishable as a Class B misdemeanor. Tennessee Code Annotated,

Section 57-9-102, requires officers “to make arrests of any and all persons implicated,

aiding or abetting the manufacture of intoxicating liquors, and take them before the proper

officials and have them tried on such charge.” The sheriff did not have the owners of the

still and moonshine arrested since he felt the family had “enough trouble elsewhere.”

According to Tennessee Code Annotated, Section 57-9-121, failure to comply with the laws

relative to illicit manufacturing of intoxicating liquors, Tennessee Code Annotated, Section 57-9-

101, et seq., may subject an official to criminal prosecution and removal from office and be

ineligible for reappointment or reelection to same for a period of five years.

RECOMMENDATION:

The sheriff should comply with state law in the disposition of illicit intoxicating liquor

manufacturing equipment, paraphernalia, and products.

______________________________


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FINDING 7: The captain at the sheriff’s department falsified his timesheet and lied to

investigators

We reviewed certain documentation obtained from the State of Florida, the captain’s timesheets,

county policies, and a written statement obtained from the sheriff. The violations of laws and

policies are noted below:

A. The captain falsified his timesheet,

which is a government record, indicating he

worked on Friday, September 16, 2016,

when he was in Florida on a personal trip

in his Lawrence County assigned vehicle.

We obtained the Florida Department of

Transportation SunPass bill that time/date

stamped his pass through the toll booth at

4:51 a.m., Central Standard Time, on

Friday morning and identifies his license

plate tag number and his vehicle, along

with a picture. Tennessee Code Annotated,

Section 39-16-504, deems it “unlawful for

any person to (1) Knowingly make a false

entry in, or false alteration of, a

governmental record; and (2) Make,

present, or use any record, document or

thing with knowledge of its falsity and with intent that it will be taken as a genuine

governmental record.”

The captain’s timesheet for September 2016


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B. The captain was paid $221.14 for the Friday he claimed to have worked but was in Florida.

According to the Lawrence County Personnel Policy Manual (page 28), willful

falsification of county records, employment applications, payroll, financial, insurance, etc.,

falsifying the time worked records or payroll is considered a “serious offense” and shall be

just cause for termination without prior warning.

Florida Toll Enforcement Invoice

C. The captain lied to investigators during our interview.

1. During our interview with the sheriff and the captain regarding the use of the

vehicle, the captain stated that he called the sheriff on Friday evening to ask

permission to go to Florida, and he left for Florida after work hours. However,

based on records obtained from Florida, the captain was already in Florida on

Friday morning at 4:51 a.m.

2. In addition, the captain claimed he was unaware that he violated county policy by

taking his county vehicle out of state without proper county approval. However, the

captain signed a statement on May 19, 2014, acknowledging that he received a copy

of the personnel policies currently in effect, and that he understood that it was his

responsibility to read and comply with the policies.

Captain signed acknowledgement of 2014 policies in effect

Policy Number TR-2011, Section VIII. Travel Approval, clearly indicates that only the county

executive can approve out-of-state travel, not the sheriff.


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D. We reviewed the fuel records of the captain and his assigned vehicle. The captain fueled

his vehicle using his county fuel card on Thursday evening before he left for Florida. He

charged $33.93 to the county for that purchase. There were no other charges in Florida or

in route to and from Florida on the fuel card.

E. Additionally, we noted seven instances where the captain used the county vehicle for

personal use since he drove more miles than fuel he charged to the county fuel card. The

captain appears to pay for fuel fill-ups while on personal business but may fill up before

leaving or upon returning.

RECOMMENDATION:

Management should take appropriate action to determine any loss of funds by the captain’s actions.

Timesheets should accurately reflect time worked. County property should only be used for county

business.

______________________________

FINDING 8: We noted deficiencies in timesheets and leave balances totaling $15,821.38

Our investigation identified the following deficiencies related to timesheets and the recording of

leave earned and taken. These deficiencies can be attributed to the failure of management to

adequately monitor and maintain time records of employees and the failure to hold employees

accountable for submitting inaccurate timesheets.

Background Related to Timesheets

Employees submit a timesheet monthly but are paid bi-weekly. The timesheet tracks the hours

worked, leave earned/taken, leave balances, and the employee signs the timesheet. After a review,

the employee’s supervisor and the chief deputy sign off on the timesheet. The timesheet is then

provided to the administrator who maintains a Microsoft Excel workbook that tracks leave

balances for each employee. After the administrator ensures the timesheets are accurate, he

provides the timesheets to the Office of Accounts and Budgets for the processing of payroll.


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According to the Lawrence County Personnel Policy Manual (page 15):

Employees shall work schedules as established by the elected

official or department head. The employee is responsible for

completing the Request for Leave Form in a timely manner before

leave is taken. Leave is granted at the discretion of the elected

official or department head under whom the employee works.

A sample of a time sheet used by Lawrence County Sheriff’s Department

The sheriff is ultimately responsible for the time, leave, and schedule for everyone in the sheriff’s

department. For the period January 2016 through January 2017, we selected 11 employees at the

sheriff’s department to review their time records. We found the following:

A. We compared the Microsoft Excel workbook the administrator used to track leave balances

to the timesheets. We determined the administrator did not appropriately account for time

at the sheriff’s department resulting in annual leave being 860 hours more than actual, sick

leave being 417.5 less than actual, and compensatory leave being 308.02 more than actual.

This resulted in questioned costs of $15,821.38. More specifically, we found the following:

1. Three of the 11 individuals tested (27%) did not submit timesheets.

2. Seven of the 11 individuals tested (64%) started a fiscal year with over the maximum

allowed annual leave according to the personnel policy amendment.

Leave Tracker totals


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3. Three of the 11 individuals tested (27%) received incorrect amounts of annual leave on

a routine basis. The personnel policy manual provides a set amount of annual leave

based on experience.

4. Four of the 11 individuals tested (36%) received compensatory time when

compensatory hours were not earned.

5. Five of the 11 individuals tested (45%) failed to report hours worked on a daily, weekly,

or monthly basis on submitted timesheets.

6. Two of the 11 individuals tested (18%) exceeded the maximum amount of

compensatory leave for a total of 10 months during our time period.

B. For the period tested, 209 timesheets should have been submitted by the 11 employees

tested. We examined the timesheets to determine if they were submitted, approved, and

adjusted appropriately. We found the following:

1. Three employees did not submit a total of 16 timesheets. The captain did not submit 10

timesheets, a secretary failed to submit four, and a lieutenant failed to submit two. It

should be noted that the employees were still paid, and no action was taken by the

department.

2. Of 193 submitted timesheets (209 minus 16), 62 timesheets for nine of the 11

employees were not authorized by a supervisor and/or the chief deputy. Notably,

another lieutenant had 19 timesheets, the administrator had 13 timesheets, and another

secretary had 13 timesheets all of which were not approved.

3. Of 193 submitted timesheets, 99 timesheets for nine of the 11 employees included

adjusted amounts in the leave tracker on the timesheets. Most notably, the chief deputy

had 19 timesheets adjusted due to him leaving his leave balance amounts blank, a

lieutenant had 17 timesheets that were adjusted due to leaving balance amounts blank,

and an assistant had 15 timesheets that were adjusted.

4. The captain did not record any leave taken on all nine timesheets submitted during our

time period. He claimed that because he works so much he does not record time off,

nor does he record any compensatory time earned. Since he does not record

compensatory time earned, he cannot take compensatory leave. (See also Findings 7.A.

and 7.B.)

C. The captain exceeded his authority when he authorized exceptions to county personnel

policies and approved payment to an employee that should have been on leave-without-

pay status. During the investigation, we determined that a secretary reached a negative 40

hours sick leave in March 2015, then continued to use leave earned through August 2015,

to offset the negative balance. She had already used her annual leave and compensatory

time down to zero. The captain said to pay her and did not report the leave-without-pay

status to the payroll clerk as was county policy. The secretary was paid $799.30. The


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secretary admitted that she did not submit a timesheet for about three months when she

returned to work. The adjustments made to the Microsoft Excel workbook were in her favor

but were not accurate.

Table of Negative Leave

According to the Lawrence County Personnel Policy Manual:

Exhaustion of Sick Leave - Employees who have used all of their

accumulated sick leave will not receive financial compensation for

additional days needed due to illness or injury. For any additional

time needed, the employee will be considered on leave without pay

status unless the employee has accumulated vacation time or comp

time remaining. The employee may request that additional sick

leave be credited against the remaining vacation or comp time.

D. Finally, we found the chief deputy used a signature stamp containing the signature of

Sheriff Jimmy Brown to approve 18 of the 19 timesheets we reviewed. Furthermore, the

chief deputy approved and documented as reviewed 18 of his own 19 timesheets. The chief

deputy did not document that he reviewed the remaining timesheet.

Sheriff’s Signature Stamp

We questioned the administrator about the issues with the timesheets and he acknowledged that

he “does not necessarily report the errors back to the individuals. So, if the totals were wrong in

one month, the beginning balance is wrong in the next month, too.” When we questioned him

about the missing timesheets, the administrator replied, “Tell me how the hell am I going to make

a supervisor turn in a timesheet?”

Mar 2015 Negative Sick (40.0)

May 2015 Annual Back Time (12.0)

May 2015 Sick Back Time (8.0)

June 2015 Annual Back Time (4.0)

June 2015 Sick Back Time (8.0)

Total Hours (72.0)

Rate of Pay $ 11.10

Total Overpayment $799.30


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RECOMMENDATION:

Employees should submit accurate timesheets on a current basis. The timesheets should be

reviewed by supervisors and remitted to the accounts and budgets office before payroll is

processed. Any discrepancies identified should be corrected and documented prior to processing.

Employees and management should adhere to the county personnel policies and any exceptions

should be appropriately authorized, approved, and documented. Furthermore, management should

take appropriate action to determine and collect any loss of funds.

______________________________

FINDING 9: We noted violations of county policies for county deputies also working for

the Saint Joseph Police Department

The captain of the sheriff’s department is also the chief of police for the City of Saint Joseph Police

Department in Lawrence County, Tennessee. We reviewed the timesheets for 10 officers who

worked for both the Lawrence County Sheriff’s Department and the Saint Joseph Police

Department to determine if the officer was approved to work for both, worked at both places on

the same day, took extended leave at one and worked the other, or worked improper shifts at Saint

Joseph Police Department. We found the following:

A. Six officers each worked a combined 17-plus hours day at both the Lawrence County

Sheriff’s Department and the Saint Joseph Police Department a total of 37 times, totaling

686 hours from April 4, 2016, through January 24, 2017. Most notably, one deputy worked

22 days; 17-plus combined hours on those days totaling 398 hours.

B. The captain exceeded his authority when he authorized exceptions to county personnel

policies for two deputies that took extended sick leave from the Lawrence County Sheriff’s

Department but worked at Saint Joseph Police Department during that time. One deputy

worked a total of 159 hours, and the other deputy worked a total of 41 hours at the Saint

Joseph Police Department. Both deputies used their sick leave as paternity leave; however,

they failed to follow the county personnel policy by working a part-time job while on leave.

Additionally, the captain exceeded his authority when he authorized exceptions to county

personnel policies for the one deputy who used sick leave from August 15, 2016, to

November 4, 2016, for a total of 12 weeks. The deputy’s wife also works for the sheriff’s

department and used sick leave. This is a violation of the paternity leave policy since it

exceeds 12 weeks for a combined married couple of the county. During an interview, the

deputy stated the captain authorized him to take the leave. The captain does not have the

authority to authorize this deviation of policy.


17

According to the Lawrence County Personnel Policy Manual:

(3) The purpose of this section is to provide leave time to female

employees for pregnancy, childbirth, and nursing the infant, where

applicable; therefore, if an employer finds that the female employee

has utilized the period of maternity to actively pursue other

employment opportunities, or if the employer finds that the

employee has worked part-time or full-time for another employer

during the period of maternity leave, then the employer shall not be

liable under this section for failure to reinstate the employee at the

end of maternity leave.

The right to take leave applies equally to male and female employees

who are eligible.

If spouses are employed by the same employer and wish to take

leave for the care of a new child or sick parent, their aggregate leave

is limited to 12 weeks. For example, if the father takes eight weeks

of leave to care for a child, the mother would be entitled to four

weeks of leave, for a total of 12 weeks of leave.

RECOMMENDATION:

The sheriff’s department should follow the county personnel policy for all leave. Management

should take appropriate action to determine and collect any loss of funds.

______________________________

On May 10, 2018, the Lawrence County Grand Jury indicted Sheriff Jimmy Brown on two counts

of official misconduct, one count of tampering with evidence, and one count of use of inmates for

personal benefit. Captain Adam Brewer was indicted on one count of Official Misconduct.

INTERNAL CONTROL AND COMPLIANCE DEFICIENCY

FINDING 10: We noted discrepancies in the payments of compensatory time at the

sheriff’s department

We noted discrepancies in the payment of compensatory time to employees at the sheriff’s

department. In interviews with supervisory personnel at the sheriff’s department and with the

accounts and budgets office, payments for compensatory time generally only occur when a person

has ended employment and follows the annual leave guidelines for payout. Employees stated they

were not allowed to receive compensatory time payments. But during interviews with

investigators, the chief deputy admitted he had received two payments of compensatory time, once


18

under the previous administration and once under Sheriff Brown when he took office. The

Lawrence County Personnel Policy Manual, Section IV, Wage and Hour Policies provides; an

employee cannot “accrue more than … 480 hours of compensatory time shall be paid for any

additional overtime that is worked.” As noted in Finding 8, A-6, two employees exceeded the

maximum amount of compensatory leave for a total of 10 months during our time period.

According to county policy, the employees should have been paid and not allowed to exceed the

480 hours.

RECOMMENDATION:

The actual practices and policies involving compensatory time should agree and be applied to all

employees equally. Management should take appropriate action to determine and collect any loss

of funds.

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2/22/2019 Lawrence County sheriff, deputy arrested | News | wsmv.com

https://www.wsmv.com/news/lawrence-county-sheriff-deputy-arrested/article_7f7c7ff9-f6c9-5a98-98e1-dd14cf8821a4.html 1/2

https://www.wsmv.com/news/lawrence-county-sheriff-deputy-arrested/article_7f7c7ff9-f6c9-5a98-98e1-dd14cf8821a4.html

Lawrence County sheriff, deputy arrestedPosted by Chuck Morris

Posted May 10, 2018

The Lawrence County sheriff and one of his deputies have been arrested after being indicted on Thursday by the Lawrence CountyGrand Jury.

Lawrence County Sheriff Jimmy Brown, 71, was arrested after being indicted on two counts of official misconduct, one count of useof inmate labor for personal gain and one count of tampering with evidence.

Lawrence County Capt. Adam Brewer, 40, was charged with one count of official misconduct.

The Tennessee Bureau of Investigation and Tennessee Comptroller of the Treasury began the investigation at the request of DistrictAttorney General Brent Cooper on Tuesday.RELATED DOCUMENTS: Comptroller's ReportDuring the investigation, agentsdetermined that from 2015 through 2017 Brown allowed inmates to be used for labor by various county employees at their personalresidence or for personal business.

The investigation also showed that Brown used his position as sheriff to circumvent the bond process for some arrested individuals,releasing them from jail without requiring them to pay the bond as ordered by the judge.

The Comptroller’s Office said Brown and his jail administrator allowed inmates to leave the jail improperly. Some of the inmateswere dropped off at public locations and only checked on when the supervising individual had time.

Lawrence County Sheriff Jimmy Brown (Photo: Lawrence County Sheriff's Department)

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2/22/2019 Lawrence County sheriff, deputy arrested | News | wsmv.com

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Chuck MorrisMultimedia Producer

Other inmates were granted furloughs without proper authorization by a judge. Another inmate was “loaned out” to sheriff’sdepartment management and staff to help with chores at their personal properties, according to the Comptroller’s office.

The investigation also revealed that Brown violated multiple laws in his handling of a confiscated still and moonshine. The seizeditems were not properly documented in the evidence log and the sheriff told investigators that he poured the moonshine out prior tothe court ordering its destruction.

According to the Comptroller’s report, Brown had a duty to arrest the suspects involved in the case, however, he did not make anyarrests since he felt the family had “enough trouble elsewhere.”

The investigation also found that Brewer falsified time sheets and misled investigators as to the accuracy of the reported hoursworked at the sheriff’s department. The Comptroller’s office said Brewer falsified his time sheet saying he worked on Sept. 16, 2016,when he was actually in Florida on a personal trip in his Lawrence County assigned vehicle.

The Comptroller’s investigation also found that Brewer exceeded his authority when he allowed two Lawrence County deputies totake extended sick leave from the Sheriff’s Department while they worked a second job at the Saint Joseph Police Department.Brewer is also the Saint Joseph Chief of Police.

“In addition to the problems already described, we also found several problems with how time sheets and leave balances wherehandled by the Sheriff’s department,” said Comptroller Justin P. Wilson in a news release. “The department should follow its ownpersonnel policies and ensure accurate time sheets are submitted and approved.”

Bond for Brown was set at $25,000. Brewer’s bond was set at $5,000.

Brown is currently on the ballot for re-election for another four-year term in August.

Copyright 2018 WSMV (Meredith Corporation). All rights reserved.

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2/22/2019 Lawrence County Sheriff Jimmy Brown arrested, indicted for misconduct

https://www.tennessean.com/story/news/crime/2018/05/10/lawrence-county-sheriff-jimmy-brown-arrested-indicted-misconduct/600948002/ 1/2

Lawrence County sheriff, captain arrested afterindictments for misconduct

Natalie Allison, USA TODAY NETWORK - Tennessee Published 10:35 p.m. CT May 10, 2018

Adam Brewer (Photo11: TBI)

The sheriff of Lawrence County and one of his high-ranking employees were arrested Thursday after a grandjury returned indictments charging them with official misconduct.

Sheriff Jimmy Rex Brown, 71, was charged with two counts of official misconduct and one count each of use ofinmate labor for personal gain and tampering with evidence. He was booked into his own jail under a $25,000bond.

Captain Adam Brewer, 40, was charged with one count of official misconduct and also booked in the LawrenceCounty jail under a $5,000 bond.

According to the Tennessee Bureau of Investigation, 22nd DistrictAttorney General Brent Cooper requested in May 2017 that TBIagents and investigators with the comptroller's office look intoactivities occurring at the Lawrence County Sheriff's Department.

During the investigation, agents say they learned that from 2015 to2017, Brown allowed inmates to be used for labor by various countyemployees at their personal residences or for other personalbusiness.

Agents also found that Brown allegedly used his position as sheriff tocircumvent the bond process for some defendants who had beenarrested, allowing them to be released from jail without requiring

them to pay the secured bond ordered by a judge.

TBI said that Brewer is also accused of falsifying time sheets and misleading investigators "as to the accuracy of the reported hours worked at thedepartment," according to a news release from the state agency.

Reach Natalie Allison at [email protected]. Follow her on Twitter at @natalie_allison.

Read or Share this story: https://www.tennessean.com/story/news/crime/2018/05/10/lawrence-county-sheriff-jimmy-brown-arrested-indicted-misconduct/600948002/

(Photo11: TBI)

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2/22/2019 Lawrence County Sheriff Jimmy Brown arrested, indicted for misconduct

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2/22/2019 Indicted Lawrence County Sheriff Jimmy Brown Loses Election - Tennessee Star

http://tennesseestar.com/2018/08/06/indicted-lawrence-county-sheriff-jimmy-brown-loses-election/ 1/4

HOME NEWS COMMENTARY STEVE GILL BATTLEGROUND STATES CONSTITUTION SERIES LIFESTYLE

August 6, 2018 Jason M. Reynolds

Lawrence County Sheriff Jimmy Brown, who is under indictment for alleged abuse of power,lost his re-election bid last Thursday. And, a race with statewide interest is drawingquestions over irregularities.

Military and law enforcement veteran John Myers, a Republican, beat the Democratic sheriffby 53 percent to 31 percent, The (Columbia) Daily-Herald reported Saturday. Independent RickOsborne took approximately 16 percent of the vote.

‘Boss Doss’ loss raises questions

The Lawrence County election process was called into question, especially over the narrowdefeat of State Rep. Barry “Boss” Doss (R-Leoma) lost to newcomer Clay Doggett, TheTheTennessee StarTennessee Star reported. A 16 hour delay occurred in the reporting of the results in theRepublican primary.

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Indicted Lawrence County Sheriff Jimmy Brown Loses Election

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“The fact that several different and inconsistent vote numbers have been reported fromLawrence County over the past 24 hours raises serious questions about whether thedisparities are due to incompetence or actual technical issues or something more sinister.The fact that the Secretary of State’s o�ce seemed to have no idea that there wereproblems indicates that an investigation or a full audit is in order,” TennesseeTennessee StarStar PoliticalEditor Steve Gill said.

Late Friday, the Election Administrator’s o�ce con�rmed to The Tennessee StarThe Tennessee Star thatLawrence County Election Commissioner Stephen Thompson, who previously served as acampaign advisor to Barry Doss in one of his �rst elections, was in the Lawrence CountyElection O�ce Thursday night when the “problems” with vote counts occurred.

“Boss Doss” is the state legislator who broke the rules of the Tennessee House ofRepresentatives to push through Gov. Bill Haslam’s gas tax increase in 2017, The TennesseeThe TennesseeStarStar reported.

Myers to assume sheriff’s duties

Meanwhile, in the sheriff’s race, Brown, 71, refused to step down after the indictment in May,opening the way for Myers, who will take o�ce in September. He is a former U.S. Marinewho served at the U.S. Embassy in Baghdad, Iraq.

On Election Day, Myers posted on Facebook, “I’ve worked, sweat, stressed and bled to get tothis very day. I said it before and I’ll say it again, nobody in this race has worked as hard as Ihave. My wife, kids, family, friends and even my dog can vouch for me when I say that I’vesacri�ced over a year of our lives for this campaign.”

Sheriff booked into his own jail

A grand jury indicted Brown on o�cial misconduct, tampering with evidence and use ofinmate labor for personal gain, WKRN said in May following the verdict. His captain, AdamBrewer, was charged with one count of o�cial misconduct for allegedly falsifying timesheets. The sheriff was booked into his own jail.

“The bottom has fallen out of my world,” the sheriff told WKRN. “I can tell you that because Ihave done nothing criminally wrong.”

Brewer, an 18-year veteran, said the indictment and arrest “�oored” him.

Investigators report �ndings

The investigation was led by the Tennessee Comptroller’s O�ce and Tennessee Bureau ofInvestigation, at the request of District Attorney Brent Cooper. The Comptroller’s report isavailable here.

Investigators determined that Brown and Brewer, his jail administrator, allowed inmates toleave the jail improperly, the Comptroller’s report said. Some of the inmates were droppedoff at public locations and only checked on when the supervising individual had time.

Other inmates were granted furloughs without proper authorization by a judge, theComptroller said. Another inmate was “loaned out” to sheriff’s department management andstaff to help with chores at their personal properties.

Court records show Brown also allegedly exceeded his authority by releasing defendants ontheir own recognizance or on a signature bond without the proper order, the comptrollersaid, The Daily-Herald said in an Aug. 3 story.

News, Politics 2018 election, Gas tax, Grand Jury, Jimmy Brown, John Myers, Lawrence County, o�cial

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2/22/2019 Lawrence County elects new sheriff

https://www.columbiadailyherald.com/news/20180803/lawrence-county-elects-new-sheriff 1/2

By MIKE CHRISTEN [email protected] Aug 3, 2018 at 1:50 PMUpdated Aug 3, 2018 at 3:45 PM

After being booked into his own jail earlier this year, Lawrence County Sheriff Jimmy Brown will not returnto his position. He will instead be replaced by longtime serviceman John Myers following Thursday’selection.

With the Republican nomination, Myers took a dramatic lead in the the race earning 53 percent of the voteand 4,802 ballots cast in his name followed by Brown, holding the Democratic nomination, receiving a total2,861 votes and 31 percent of the vote.

Independent Rick Osborne followed the two with 15.9 percent of the vote and a total of 1,451 ballots cast.

Lawrence County elects new sheri�

HERE WE GO!!! TBT to last year! This was the first picture that I posted on this page. I’veworked, sweat, stressed and bled to get to this very day. I said it before andI’ll say it again, nobody in this race has worked as hard as I have. My wife,kids, family, friends and even my dog can vouch for me when I say that I’vesacrificed over a year of our lives for this campaign. With that being said, ifelected, I’ll continue to work and make sacrifices for this great county untilmy job is done. I look forward to seeing y’all out today while we’re outvisiting polls and saying hello. Drive safe to and from the polls and God Bless! #votejohnmyersforsheriff

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John Myers for SheriffJohn Myers for SheriffJohn Myers for Sheriffabout 7 months agoabout 7 months agoabout 7 months ago

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2/22/2019 Lawrence County elects new sheriff

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“I’ll continue to work and make sacrifices for this great county until my job is done,” Myers shared the day ofthe election. “I’ve worked, sweat, stressed and bled to get to this very day. I said it before and I’ll say it again,nobody in this race has worked as hard as I have. My wife, kids, family, friends and even my dog can vouchfor me when I say that I’ve sacrificed over a year of our lives for this campaign.”

Myers takes the seat following the arrest of Brown and Capt. Adam Brewer who were indicted by a grandjury on charges of misconduct in May.

The 71-year-old Brown was booked into his own Lawrence County jail, charged with two counts of officialmisconduct and one count each of use of inmate labor for personal gain and tampering with evidence.

The investigation led by the Tennessee Comptroller’s Office and Tennessee Bureau of Investigation, at therequest of District Attorney Brent Cooper, revealed that Brown violated multiple laws in his handling of aconfiscated still and moonshine.

Brown and his jail administrator also allegedly allowed inmates to leave the jail improperly, the Comptroller’sOffice said. Some of the inmates were dropped off at public locations and only checked on when thesupervising individual had time.

Court records show Brown also allegedly exceeded his authority by releasing defendants on their ownrecognizance or on a signature bond without the proper order, the comptroller said.

Brown, a veteran law enforcement official with more than 40 years of experience, began his career in publicservice by serving six years in the Army National Guard. He then began his career in law enforcement withthe Tennessee Highway Patrol. He rose through the ranks with the state attaining the positions of trooper,sergeant, lieutenant and captain.

When he retired as captain of the 7th District, he was supervisor for 11 counties and approximately 90employees.

Brown was elected sheriff of Lawrence County in August 2010 and re-elected in 2014.

According to his biography published on the department’s website, Brown’s administration has worked withcounty officials and the general public to make many important improvements within the Sheriff’s Office.

During his tenure as sheriff, county jail’s inmate population more than doubled, increasing from an averageof 95 inmates per day in September 2010 to an average of 230 inmates per day in recent years.

Myers has served in law enforcement for more than 20 years, with more than 12 years in drug and violentcrime enforcement.

He is also a former United States Marine where he served as an explosives and K-9 handler at the U.S.Embassy in Baghdad, Iraq.

He also spent one year in Kosovo as unit commander of the Kosovo Drug Enforcement Unit.

“We did it,” Myers said, standing with his family by his side. “It was a big win for us tonight. I just want tothank everybody who voted for me and supported me. It was a lot of hard work and I think it was welldeserved for me and everybody who pushed this thing through.”

nsaa excellence in accountability award · copies of this report are being forwarded to governor...

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