Frequently Asked Questions

 

 

 

 

 

 

 

 

 

 

Did you support the Jail Tax Levy?

I did not support the past levy…  Not because I didn’t think the Sheriff’s Office needed more funding because it is clear that they did.

I did not support it because I feel the public was misled in order to get a YES vote.

With only 46.61% of the voters voting on this issue it passed with a yes vote of 52.42% and a no vote of 47.58%, That is a 5% spread with fewer than 50% of the voters weighing in. Why didn’t everyone vote, we will never know but this does show the importance of getting out and voting on matters that are important to our communities.

So why wasn’t I in favor of this levy?

 

First, I believe the amount requested from the voters was more than is needed for the Jail & Juvenile Justice.

If we are to trust the numbers presented in the “Just the Facts” flyer then we approved funding the Juvenile Justice center with $2.4 million, this was needed and since there are no prior years comparable numbers we must assume this is a valid number. That leaves $4.6 million for jail operations which is $2.5 million over prior year of $2,140,100. The Selling point was we are going to increase the number of inmate beds from 130 to 185 (55 bed increase). This would be an increase from $45 per day per bed to $68 per day per bed.

 

Secondly, I believe the voters were intentional given false information in order to scare a YES vote.

Sheriff Daniel stated that if the levy failed he would eliminate patrol because that is not a required function of the Sheriff’s Office. I beg to defer… Oregon State law says (ORS 206.010) It is the Sheriffs duty to:

  1. Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.
  2. Defend the county against those who, by riot or otherwise, endanger the public peace or safety.
  3. Execute the process and orders of the courts of justice or of judicial officers, when delivered to the sheriff for that purpose, according to law.
  4. Execute all warrants delivered to the sheriff for that purpose by other public officers, according to law.
  5. Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held within the county, and to obey its lawful orders or directions.

As you can see the first two duties cannot be accomplished without patrol, and in fact the Oregon State Sheriffs Associate (which sheriff Daniel is a member of) states “total police services” are a required function on their web site. https://oregonsheriffs.org/about-ossa/office-of-the-sheriff/

“In each of the 36 counties in Oregon, the Sheriff is the chief law enforcement officer. Their primary duty is to give full police protection to the unincorporated areas of the county. However, they maintain full police jurisdiction in all municipalities.

Their responsibilities cover the entire spectrum of law enforcement — criminal investigation, search and rescue, service of legal process of the courts, the operation of the county jail, and total police services on a 24-hour basis. The Sheriff’s Office must provide court security, transport all criminals to and from penal institutions, and is also called upon to handle mental patients within their jurisdiction.”

 

Third: Sheriff Daniel misled you, he said the ONLY requirement he has is to maintain a jail, this is also incorrect.  Oregon law (again with the law) states (ORS 169.030)

(1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto.

(2) Any county, or incorporated city may rent or lease any structure answering the requirements of subsection (1) of this section, either in connection with or separately from any other county or city building.

(3) Any county and any incorporated city may, by agreement, provide, maintain, and use for their separate requirements, such a local correctional facility as is required by this section.

(4) Any county or incorporated city may, by agreement with any other county or incorporated city, provide for one such county or city to furnish local correctional facility accommodations for the imprisonment of prisoners of the other such county or city. Pursuant to such agreement, an Oregon county or city may secure the use of jail accommodations outside the state, but only in a county that adjoins the Oregon county or the county in which the Oregon city is located.

So… What does that say? Basically it says the the County must have someplace to take their prisoners, just  like the City of Grants Pass must have some place, BUT it does not say it is the Sheriff’s responsibility to provide that place. You were told you had to vote YES to keep the jail open as we are required to do so, but in fact we can close the jail (and I am not suggesting we do that) and let the city run it or we can contract with Jackson county and transport our prisoners there.  WE HAD OPTIONS, you were misled!

Oregon laws says the county SHALL put up for bid the contract for housing prisoners in this county:

The county court or board of county commissioners of each county in this state, not having more than 300,000 inhabitants, shall advertise for bids for boarding of prisoners confined in the county local correctional facilities of the county, and may award the contract for boarding them to the lowest responsible bidder. If any responsible bidder, other than the sheriff, receives the contract from the county for the boarding of prisoners, such bidder shall receive compensation for boarding such prisoners rather than the sheriff, and the sheriff shall afford to such bidder all facilities for carrying out the county’s contract for boarding prisoners. [Amended by 1973 c.740 §12]

 

Fourth, Prior to the levy the City of Grants pass paid $1 million to house their prisoners in the county jail, now they get to house them for free. This was a ploy to get the city voters to approve the levy.

All across the country, cities pay to house their prisoners in county jail, that is just the way it is. But in order to get a YES vote, Sheriff Daniel told city residence that they would no longer be responsible to pay this expense even though historically 80% of the inmates in the jail are on city charges. This reduction in their City Utility Fee tax along with the elimination of the Jail Bond Levy made it easier to vote YES on the Jail Levy.

Fifth, Contract Deputies / Throw Cave Junction to the Lions

Sheriff Daniel threatened to eliminate the contract Deputy for the City of Cave Junction (a service they paid for) but said he would keep the BLM, USFS and Marine Board Deputy. How did he pick and choose which contract were more important than others? Is it more important to back up the BLM officer than the citizens of Cave Junction who pay other taxes for county services? I believe this was a scare tactic simply to get the residents of Cave Junction motivated to vote YES on the levy.

 

Is it true you sued Sheriff Joe Arpaio?

The answer to this question is both yes and no…   The “Newspaper” that published the article was The Phoenix New Times which is one of those free sidewalk newspapers that sells adds for “massage parlors” and the like,  They constantly ran and continue to run negative articles about Sheriff Joe Arpaio.

The article headline read: Arpaio, MCSO Sued by Sergeant Whose Cache of 1,500 IDs Led to Contempt Charges.  The title itself is so misleading, Although I did have 1,500 ID’s they had nothing to do with the contempt case (which was filed because the Sheriff failed to stop enforcing immigration law when ordered to by a federal judge). The ID’s were in fact issued to me by the Maricopa County Sheriff’s Office for training purposes and there was nothing improper about my possessing them.

Unfortunately for Sheriff Arpaio, after I attempted to return the ID’s to the Property & Evidence Division as directed (I was getting ready to retire and returning all unneeded equipment), someone interfered and attempted to conceal the ID’s from the federal monitors for some unknown reason and then lied about their existence which opened a separate investigation, this action had nothing to do with me.

Subsequently an internal affairs investigation was opened and I was interviewed and ultimately exonerated:

Closed Notification Letter

During this same time frame I applied for the position of Lieutenant, tested and placed in the top 20 applicants (#7) and was placed on the roster for a promotion. When it was my turn at the top of the list I was skipped because the above investigation was still open. After the investigation was closed they did not offer me the promotion that I would have received had they closed the investigation in the required 180 days (6 months) by Arizona law (opened 7/8/15, Completed 10/6/16 – more than 16 months, I was notified a full month later on 11/5/16).

Sheriff Joe lost his bid for re-election on November 9th, 2016

I filed a law suit against the Maricopa County Sheriff’s Office in May of 2017 when the promotional roster expired and I had not received the promotion that I felt I had earned and was entitled too had it not been for the MCSO’s illegal action and delayed investigation. My law suit was for the promotion to Lieutenant only and was NOT for any monetary damages.

Sheriff Joe was no longer the Sheriff and was listed as a party to the suit only because he was the sheriff when the Initial Appearance case was open and could be needed to testify had this case gone to trial, This is common in this type of case against a business or government entity.

After retiring in October of 2017 at the rank of Sergeant there was no longer any reason to pursue a promotion and so the case was settled.

I am in contact with a representative of Joe Arpaio’s on a regular basis and we are on good terms. If you have additional questions feel free to ask.

 

Sheriff Daniel says Night Patrol impossible, is that correct?

One of my campaign promises is to provide Josephine County Residence with a night-time patrol function. Finances being what they are we are a long way from a fully staffed 24 hours a day seven day a week coverage scenario, my plan will have a minimum of two deputies on duty during the evening hours as well as a dispatcher to take and dispatch calls for service.

A dispatcher, according to the approved 2018 budget has an annual salary of approximately $83,200 including wages & benefits.

A Deputy, according to the approved 2018 budget has an annual salary of approximately $115,000 including wages & benefits.

 

Dispatcher:  $83,200

Deputy:      $115,000

Deputy       $115,000

 

Evening salary coverage costs:   $238,300

 

There are some minor additional costs for things like fuel and maintenance but the major costs are related to salary.

 

The city of Cave Junction has a current contract with The Josephine County Sheriff’s Office for one Deputy for which they are currently paying $198,000. They have always maintained that they desire evening coverage.

 

If the Cave Junction Contract were restructured to provide for 20 daylight hours and 20 evening hours we have already covered $99,000 of the evening coverage costs, I believe there is also room with the City to expand services from 40 hours to 60 hours if they were interested in picking up the additional costs of $100,000.

 

The additional overall cost of $238,300 is manageable and the citizens of Josephine County deserve to have evening coverage, even in a limited capacity.

Sheriff Daniel stated that Jail Operations are a required function of the Sheriff’s Office, Is that true?

No, The duties of the Sheriff are found on Oregon Revised Statutes and the requirement that the Sheriff operate a jail is not listed as one of his required duties. Your Sheriff should know what the law is.

Oregon law (again with the law) states (O.R.S. 169.030)

(1) Every county and city in this state shall provide, keep and maintain within or without the county or city, as the case may be, a local correctional facility for the reception and confinement of prisoners committed thereto.

(2) Any county, or incorporated city may rent or lease any structure answering the requirements of subsection (1) of this section, either in connection with or separately from any other county or city building.

(3) Any county and any incorporated city may, by agreement, provide, maintain, and use for their separate requirements, such a local correctional facility as is required by this section.

(4) Any county or incorporated city may, by agreement with any other county or incorporated city, provide for one such county or city to furnish local correctional facility accommodations for the imprisonment of prisoners of the other such county or city. Pursuant to such agreement, an Oregon county or city may secure the use of jail accommodations outside the state, but only in a county that adjoins the Oregon county or the county in which the Oregon city is located.

So… What does that say? Basically it says the the County must have someplace to take their prisoners, just  like the City of Grants Pass must have some place, BUT it does not say it is the Sheriff’s responsibility to provide that place. WE HAD OPTIONS, you were misled!

We need a Sheriff who knows what his job is and how to do it!

 

Sheriff Daniel stated that Patrol is not a required function of the Sheriff’s Office, Is that true?

No, and as your Sheriff I am surprised that he doesn’t know what his job description is…  Oregon Revised Statutes (O.R.S.) is the book of laws for the State of Oregon and in it we find section ORS 206.010 which lists the duties of the Sheriff. They are:

  1. Arrest and commit to prison all persons who break the peace, or attempt to break it, and all persons guilty of public offenses.
  2. Defend the county against those who, by riot or otherwise, endanger the public peace or safety.
  3. Execute the process and orders of the courts of justice or of judicial officers, when delivered to the sheriff for that purpose, according to law.
  4. Execute all warrants delivered to the sheriff for that purpose by other public officers, according to law.
  5. Attend, upon call, the Supreme Court, Court of Appeals, Oregon Tax Court, circuit court, justice court or county court held within the county, and to obey its lawful orders or directions.

Anyone who has read this can clearly see that the very first duty is to arrest and commit to prison all persons who break the peace. My question is then, how do you accomplish that without a patrol division? How do you do any of the required duty’s if you think the only thing you are required to do is run a jail?

We need a Sheriff who knows what his job is and how to do it!

What is the 2018 – 2019 Sheriffs Budget

What is the 2018 – 2019 Sheriff’s Budget

This number is difficult to be specific on due to the way it is reported, but I can get you close based on Budget submitted for approval and additional funds received or scheduled to be received.

Law Enforcement Fund – Fund 12

This fund includes the Sheriff’s Office, District Attorney & Juvenile Justice (even though by definition the District Attorney and Juvenile Justice are NOT Law Enforcement Agencies).

O&C/SRS income $4,100,000

Sheriff’s Office Generated Funds $858,000

County Commissioner Allocation $3,702,000

ESTIMATED AVAILABLE FUNDS: $8,660.000 (To know the real number we need separated budgets)

Separation of budgets is critical to determine actual numbers and I will work with the County Commissioners to place the Sheriff’s Budget in a fund separate from other departments within the county.

Adult Jail & Juvenile Detention Fund – Fund 17

This fund includes the Sheriff’s Jail and Juvenile Detention which should be separated into two separate funds as they are administered by two separate departments.

Adult Jail Program $7,294,000

Separation of budgets is critical to determine actual numbers and I will work with the County Commissioners to place the Sheriff’s Budget in a fund separate from other departments within the county.

 

Animal Control – Fund 26 (supervised by the Sheriff’s Office and RESTRICTED to Animal Control)

This fund is expected to generate $613,900 for the Animal Control Tax Levy

This fund is budgeted to pay $10,000 to the Law Enforcement fund for administration fees

This fund like many others SHOULD reflect only animal control or the animal shelter but currently as they are currently combined in this fund it is not clear which monies are for which program.

 

The county combines many departments into single funds, this is acceptable accounting practices but not the best. Each department should have it’s own fund. Sheriff should be separate from District Attorney, Jail should be separate from Juvenile Justice, Animal Control should be separate from the animal shelter. Why you ask… Because they are different departments, with different functions and administered by different people. How can people be expected to know what the department budget is is funds are co-mingled with another departments? I will work with the County Commissioners and budget committee to separate the Sheriff’s Office budgets from other departments so I can show the public clear income / expenses without any confusion.

Where do you stand on Concealed Carry Weapons?

I was issued my first Oregon C.C.W. permit in 1991, I believe that anyone with a clean criminal record and no mental issues should be allowed to carry a weapon concealed.

Why did you choose to run for Sheriff at this time?

I enlisted in The United States Air Force in 1980 after graduating from Hidden Valley High School in 1979, It was always my plan to return home after my military service and go to work in the Law Enforcement field, life took a different direction and I ended up working for the Maricopa County Sheriff’s Office in Phoenix, AZ.

I retired from MCSO in 2017 and returned home to Josephine County where my parents live with the desire to run for Sheriff and give back to the community that has done much for me and my family.

Josephine County needs a professional Law Enforcement Officer with experience in management and leadership to run the Sheriff’s Office and help restore law and order in a county that has developed a rather savory reputation. We live in a great county, some people try to make us look lawless but those who live here know the truth.

 
 
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