Mon
Aug 27 2007
01:57:pm
By: R. Neal  shortURL
From the inbox, it appears Rep. Doug Overbey has requested an opinion from the State Attorney General regarding administration of the Blount County Sheriff's Office:
Is the Sheriff, in reassigning employees and transferring funding from one major category appropriation to another, required to obtain the prior approval for the transfer of funds from the Financial Management Committee, the Blount County Commission, or both?
The State AG responds:
Reading this subsection of Tenn. Code Ann. § 5-9-407 together with subsection (e)(2)(B) thereof, it appears that the Sheriff must submit the request to the Budget Committee for its recommendations to the County Mayor or county legislative body, or both, for approval. The County Mayor may also make a recommendation to the county legislative body with respect to the amendment. The requested amendment is not effective unless approved by the County Commission.
You can read the entire opinion and analysis at the State AG website (PDF format).
It's not clear why Rep. Overbey requested the opinion. It sounds like some inside baseball regarding process, and there's a lot of legal analysis of the interplay between the Local Option Budgeting Law, which the county operates under, and the County Sheriff’s Civil Service Law under which the Sheriff's office operates.
The opinion is dated July 12th, but we're not aware of any local newspaper coverage explaining what it's all about. Guess we'll find out sooner or later.
|
Topics:
|
Discussing
- Louisville, TN, town center coming soon? (1 reply)
- Alcoa Schools close for teacher shortages (1 reply)
- City of Alcoa's costly wish list for Alcoa Highway. (1 reply)
- Blount County coronavirus cases at 39,189 as of 4/23/2022 (1 reply)
- Blount County coronavirus cases at 39,079 as of 4/2/2022 (1 reply)
- Blount County coronavirus cases at 38,344 as of 2/12/2022 (1 reply)
- Blount County coronavirus cases at 33,274 as of 1/22/2022 (2 replies)
- Blount County coronavirus cases at 26,253 as of 1/03/2022 (1 reply)
- Blount Memorial at record high for COVID-19 hospitalizations (1 reply)
- Blount County coronavirus cases nearly 16,000 as of 07/12/2021 (3 replies)
- Blount County coronavirus pandemic numbers (2 replies)
- The City of Alcoa's uncontrolled and costly development (2 replies)
TN Progressive
- Smith & Wesson not a good fit for Blount County (BlountViews)
- Pellissippi Parkway extension delayed again (BlountViews)
- Blount County early voting record turnout (BlountViews)
- Louisville, TN, town center coming soon? (BlountViews)
- WATCH THIS SPACE. (Left Wing Cracker)
- America As It Is Right Now (RoaneViews)
- A friend sent this: From Captain McElwee's Tall Tales of Roane County (RoaneViews)
- The Meidas Touch (RoaneViews)
- Massive Security Breach Analysis (RoaneViews)
- (Whitescreek Journal)
- My choices in the August election (Left Wing Cracker)
- July 4, 2024 - aka The Twilight Zone (Joe Powell)
TN Politics
- Judge allows UFC cage matches to go ahead on White House lawn (TN Lookout)
- Stockard on the Stump: Tennessee keeping intensive probation program alive – barely (TN Lookout)
- Tennessee waste task force eyes changes to law allowing local rejection of landfills (TN Lookout)
- Nearly half of adults struggled to afford healthcare last year, survey finds (TN Lookout)
- Trump says ‘great settlement’ of Iran war in the works, signing ceremony soon (TN Lookout)
- ‘The Dumocrats are at it again’: Trump attack on California election offers midterm preview (TN Lookout)
Knox TN Today
- PAT the play returns to the stage in June (Knox TN Today)
- Easy Bacon & Swiss Quiche: Breakfast meal prep (Knox TN Today)
- Grayson boosts Ijams + In memoriam: Nic Arning, Bob Monday (Knox TN Today)
- Meet Slinky: The adventure buddy you’ve been wanting (Knox TN Today)
- Dining Duo goes to Vandergriff’s (Knox TN Today)
- Zoo Knoxville introduces Summer Concert Series (Knox TN Today)
- Food City named 2026 Retailer of the Year (Knox TN Today)
- 6/12 HEADLINES: News and events from Knox, World, USA, Tennessee & Historic Notes (Knox TN Today)
- Close to Home, Far from Ordinary: Townsend, TN, Ranks #9 destination on one tank of gas (Knox TN Today)
- Hiking with Harrington: Big Creek Trail (Knox TN Today)
- Falling Water Branch Falls: A 2020 Visit, Helene’s scars, and three new waterfalls (Knox TN Today)
- Lily in Red (Knox TN Today)
Local TV News
- How drones helped first responders get eyes on Morgan County train derailment (WATE)
- Unexpected rock issues push Alcoa Highway project end date, frustrating drivers (WATE)
- Woman charged after toddler left alone in car at Knoxville Walmart (WATE)
- Nonprofit brings veterans to Pigeon Forge for camaraderie and healing (WATE)
- Woman convicted in 1995 Knoxville murder challenging constitutionality of lethal injection (WATE)
- Unoccupied SUV crashes into Hamblen County home, displacing family (WATE)
News Sentinel
State News
- Healthcare dominates conversation with Republican primary opponents for Tennessee House - Chattanooga Times Free Press (Times Free Press)
- After Bonnaroo 2025 was a loss, organizers hoping for win in 2026 - Chattanooga Times Free Press (Times Free Press)
- Rock City gondola rejected by Lookout Mountain planners - Chattanooga Times Free Press (Times Free Press)
- Internet thinks World Cup team in Chattanooga is ‘hilarious.’ Local leaders don’t think so - Chattanooga Times Free Press (Times Free Press)
Wire Reports
- Workers begin removing Trump’s name from Kennedy Center - The Washington Post (US News)
- Justice Department approves Paramount’s deal to buy Warner Bros. - The Washington Post (Business)
- Anthropic disables Fable and Mythos AI models after U.S. government bars it from giving foreigners access - Fortune (Business)
- US kills leader of Venezuela's Tren de Aragua gang in airstrike, Trump says - BBC (US News)
- Tent collapses during Virginia church's 20th anniversary celebration, killing 1 and injuring 22 - AP News (US News)
- Judge orders Trump administration to restore national park signage on climate change, slavery - Los Angeles Times (US News)
- Why Musk Raced to Take SpaceX Public in the World’s Biggest IPO - Bloomberg (Business)
- Iran peace deal looms, new military action flares near Strait of Hormuz - Reuters (US News)
- Mystery orb videos, other UFO records released by White House - Axios (US News)
- Elon Musk, the world's first trillionaire - his stratospheric rise in charts - BBC (Business)
- Stock Market Today: Dow Ends Higher On Iran Deal Hopes; SpaceX Rockets 19% In Debut - Investor's Business Daily (Business)
- 1 killed, 10 hurt in mass shooting in Midland, Texas; suspect also dead - ABC7 Los Angeles (US News)
- Swear Trump's weaponization fund is dead to kill lawsuit, judge says - Axios (US News)
- An Intern Disobeyed His Parents and Joined SpaceX in 2011. Following Its Historic IPO, He and Thousands of Other Employees Are Now Millionaires - inc.com (Business)
- You can blame America’s plummeting fertility rate on the iPhone, study finds: ‘People are all depressed and alone and doomscrolling’ - Fortune (Business)
Local area websites:
Blount DemsMC Democrats
Raven Society
League of Women Voters
Wendy Pitts Reeves
Stop Alcoa Parkway
KnoxViews
Knox Dems
RoaneViews
TennViews
TN Clean Water Network
TN Dems
Government websites:
Blount CountyCity of Alcoa
City of Maryville
State of Tennessee
TN Code Annotated
TN General Assembly
UT CTAS
UT MTAS
Media websites:
Maryville Daily TimesKnox News Sentinel

This might be a fine time
This might be a fine time for someone to fully explain just what is covered in a state audit and what is not even looked at.
Dis-approval
Sounds like the Sheriff is retroactively asking for permission for operating the way he’s been operating.
Sounds like he didn’t get it.
Sheriff is caught red handed
Last year, the Sheriff took the money that was appropriated by the Commission for School Resource Officers, and used it in other cost centers, pretty much as he pleased. Of course, he did not bother to follow the law and get approval from the Financial Management Committee and the Commission.
This legal opinion confirms what all the insiders knew at the time. THE SHERIFF WAS VIOLATING THE LAW.
Finance Director, David Bennett should have publicly pointed this out to the Commissioners. He did not. We all must remember that he has a major conflict of interest. Bennett is Chairman of the Republican machine, but as Finance Director, he is supposed to protect the taxpayers against misdeeds by county officials. Since the Sheriff and his family run the Republican machine, is it likely that Bennett will ever do a proper job of looking after the taxpayer's money where the Sheriff, or other powerful Republican machine officials. This may also be the reason why Bennett refuses to tell the taxpayers what happened to the 25 cars that are "missing" from the Sheriff's department.
Well hidden in the Daily
(link...)
Graham: Attorney General's opinion does not answer SRO questions
in the Women's Times section, clever....
Perhaps the funding should be appropriated through the Blount County School Department instead?
I know that was considered
I know that was considered at one time. The point is less about who is paying for them than it is about following the rules for how it is done.
Funding
If it it funded through the school department you would have to add 35% to the total for split funds.
In reference to AG opinion
In reference to the AG opinion on budget transfers, I would like to point out an important issue that exists in the accountability of the School Resource Officer Program. As a member of the Budget Committee during the last fiscal year, I found the accounting structure of the Sheriff’s budget very difficult to follow. Previous budgets had the SRO program split between two Cost Centers (54113 and 54117) and separated from the Sheriff’s Department Cost Center (54110). This provided a breakout of the program budget, but still made it difficult to analyze.
Adding to this confusion was the allocation of funds to the various line item accounts in these cost centers. Line items are the specific “buckets” under the cost centers that determine how much money is to be spent on salaries, benefits, and supplies/services. For example, while the County Commission was being pressured to increase the pay for deputies in the Sheriff’s Department, review of these line item accounts in the Sheriff’s Department revealed that high level administrative officer salaries in the were being paid out of line items specifically allocated to deputies salaries (106 – Deputy), instead of being paid from the specific line items for administrative officers (105 - Supervisor/Director). This made it extremely difficult to figure out how much money was currently being spent on the deputies.
My request to the budget committee was to combine the two SRO Cost Centers into one Cost Center and to re-allocate the line item accounts to reflect where the expenses were to actually occur. In other words, quit paying Assistant Chief Deputies and Captains salaries with money that should be used for the underpaid Deputies.
The first part of my request, rolling up the cost centers, was well received and the County Finance Director, Dave Bennett, took quick action. However, the result was a little more than I expected. The two SRO Cost Centers along with several others were all rolled up into the single cost center for the Sheriff’s Department. Mr. Bennett’s explanation for this was that these were not official Tennessee State Chart of Account cost centers and were only used by Blount County Government.
The re-allocation of line item accounts took a little longer to accomplish. After reviewing these re-allocations in mid-June, I pointed out to Mr. Bennett that the line item account in the Sheriff’s Department Cost Center for SROs (170 - School Resource Officer) had no allocation of funds even though we were fully funding this program at the same level as the previous budget year. No action was taken on this line item before we voted on the budget in the June Commission meeting, where the Commission voted to increase the tax rate by 5 cents most of which was to fund the increase in deputy pay. This lack of oversight and accountability to a vital and expensive program was one of my points of contention in not supporting the budget and tax increase.
Now with all of the funds for the SRO program in one cost center that also includes all funding for the Sheriff’s Department, and no breakout of the salary dollars specific to this program, the Sheriff does not have to seek a budget transfer to spend these funds elsewhere.
From the Daily Times article on Wednesday, August 29, 2007: (link...)
After the June Commission meeting, I was not re-appointed to the Budget Committee. No explanation was given, nor did I ask for one.
David G. Ballard, Jr.
Blount County Commissioner, District 1
Who enforces the Law?
Commissioner Ballard,
Thank you for expressing your views here. Mr. Neal’s blogs have been, in my judgment, responsible for much of the ground swell toward a return to a more open and ethical government in Knox County.
Blount Views readers, if you know five people who are sick of seeing their tax dollars wasted – e-mail this to them. Commissioner Ballard’s remarks might not otherwise be heard if it wasn’t for his post here. Our County Commission chairman stifles debate at every turn. Commissioner Reeves was told at the last CC meeting she was not to use anyone else’s name – even though she was speaking about a fellow commissioner – sitting two seats away from her.
Maybe the Chairman would like it better if the CC stole a page from Congress, where they’re always blowing smoke up each others asses by referring to themselves as “honorable” this and “honorable” that. Didn’t see much honor from the sheriff’s water carriers at the last meeting.
Final questions, and maybe the powers that be can mull these over in the conference room of the new mobile command unit;
Why does the state AG need to tell our State Representative what our local DA should be telling our sheriff? The citizens and the part of CC that doesn’t work for sheriff understand it. Why do our local lead law enforcements agents not know the law?
Why do our local lead law
We have judges who do not know the law, our mayor does not know the law, even our law enforcement agents don't know the law. (or do they know the law but twist, distort and ignore the law to serve their own purposes)
Where does that leave the citizen who must abide by the law? Screwed in my view.....