Published: July 22, 2008 11:59 am      

Commissioners, sheriff at odds over county take-home vehicle policies

CUMBERLAND - Allegany County Sheriff David Goad on Monday responded to the county commissioners' new take-home vehicle policy, saying the policy doesn't apply to his deputies and the take-home policy he implemented last month is sufficient.

Goad said a 2002 Circuit Court decision by Judge Gary Leasure, affirmed a year later by Judge Timothy Finan, assured him of the right to set policy in the sheriff's office as he sees fit.

The decision "explicitly outlines the authority to set policy in my department and that's me," Goad said. "The bad thing here (is) the county (commissioners) believe that they run my office. They don't run my office. They fund my office."

At a July 8 meeting, the commissioners revised the county's take-home vehicle policy and eliminated all out-of-county travel by county workers. The change impacted not only a handful of sheriff's deputies but detention center officers - also under the jurisdiction of the sheriff - and one or two public works employees.

Commissioner Jim Stakem said Monday the county had tried to contact Goad about the new policy, effective July 14 and intended to save money on unnecessary fuel expenditures, but hadn't heard from him. Thus, the July 15 letter was sent to him. (You can download a pdf of the letter by clicking the link in the space to the right of this article)

"We haven't heard anything official," Stakem said. "When you call a week ago and want a response and still haven't gotten a response, that's frustrating."

County Attorney Bill Rudd said the letter was to "make him aware that (the commissioners were) going to expect him to comply" and that "scuttlebutt" had indicated Goad had no intention of doing so.

In the letter, the commissioners tell Goad that "failure to comply with this policy will result in appropriate administrative and legal remedies."

Rudd said there's no timeline to impose any penalties or take any action but that the vehicles belong to the county. No discussion had taken place among the commissioners, Rudd said, but "theoretically, the vehicles could be taken back."

"Another option (is) the county also funds the cost of fuel," Rudd said. "We pay for these people to drive out-of-county. The county could make the decision not to pay for that."

Goad's response: "If they feel they need to take me to task administratively or legally, then, by all means, let them move in that direction."

Goad sent in a June 11 letter to the commissioners details of his take-home policy. In it, he explained that deputies must reside within 25 miles of Cumberland. Those living farther than 25 miles away, including at least two in Garrett County, had the option of securing a safe location at which to park the vehicles closer to home but within the 25-mile radius. Goad also eliminated all off-duty use of patrol cars.

"I'm not trying to thumb my nose at anyone," Goad said. "I took a very hard look at this policy (and) looked at how much each vehicle was (costing)."

Finan wrote in November 2003, in a case affirming Goad's selection of Capt. Lee Cutter as assistant administrator to the county jail, that "it would logically appear, if sheriffs can direct the operation of their deputies, that sheriffs can establish operating procedures for deputies and correctional officers in counties, such as Allegany County, where the sheriff is also responsible for operating the jail."

Goad said he isn't concerned about hints from the county commissioners about taking away the road patrol division. The deputies, he said, would still report to him, as cited in that same court case.

The vehicles, too, belong to the sheriff.

"These county vehicles may be titled to the commissioners, but they're in the care of me," Goad said. "They were purchased to do law enforcement work. They're as much my vehicles are they are the county (commissioners')."

Both Goad and Stakem believe the majority of public opinion supports their respective positions.

Contact Kevin Spradlin at kspradlin@times-news.com.