County officials clamp down on Sussex sheriff
County administration has issued a 48-page memo aimed at reining in Sussex Sheriff Jeff Christopher. In the Oct. 31 memo, Sussex County Administrator David Baker ordered the sheriff to stop several recent practices – including making traffic stops and transporting prisoners – or face a charge of insubordination.
Baker said the sheriff’s actions are putting his deputies in violation of state law and county policies, possibly negating the county’s liability insurance.
At the center of the matter is the debate over the sheriff’s authority. Baker said a 2000 ruling by the Delaware Supreme Court, as well as a 1999 ruling issued by the Delaware Attorney General ound the Sussex sheriff “is not a police officer” and “does not have the general statutory power to enforce the laws of the state or to engage in the prevention and detention of crime.”
Then Attorney General Jane Brady said police officers are those who have been trained and certified at the state’s police academy. Although many Sussex deputies have been trained at area police academies, they have not received training specifically as a county deputy.
Christopher disagrees with the county’s assessment. He cited several sections within state law that define the Sussex sheriff as a law enforcement officer, including the role the sheriff takes when blue, gold and amber alerts are issued. He said the sheriff is defined by the state constitution as a peace officer with the power to arrest.
“I intend to fulfill my campaign promises, and the law that they are attempting to use against me I will use it back against them,” Christopher said.
Sheriff says memo items are only allegations
Christopher says most of the items in the county's memo are nothing more than unsubstantiated allegations made by people out to discredit the Sheriff’s Office. “They didn’t talk to me about any of this. They just took the allegations and ran with them,” he said.
The sheriff also said he is convinced the action was retaliation related to a complaint he filed against Sussex County Councilman Vance Phillips, R-Laurel. The memo was issued five days following an alleged altercation between Christopher and Phillips. The sheriff alleges Phillips threw a notepad at him and kicked him in the groin during a meeting at Sussex County GOP headquarters in Georgetown. The Attorney General’s Office is reviewing the case but has not determined if charges will be filed.
“I was blindsided at the meeting and blindsided by all of this,” he said. Christopher said he went to the Oct. 26 meeting with Phillips to discuss additional training for deputies, but Phillips only berated him.
Christopher said county council initiated the action. “I’m perplexed why county council wants to run the Sheriff’s Office. Does county council fear an elected sheriff with his own autonomy?” he asked. “They are doing everything they can to make me look bad, and they are slapping the people in the face.”
In addition, Christopher said, county council’s action is undermining his office. He said after the memo was released, in two incidences people told deputies to get off their land because they had no authority to be on their property.
Baker said Christopher has not issued an official response to the memo. “He said he was evaluating the memo and may respond at a later date,” Baker said. However, Baker said, he has no evidence any issues mentioned in the memo have occurred since Oct. 31.
Christopher is serving his first year as county sheriff, a post that dates back to the late 1600s. He is a former county deputy with more than 26 years of law enforcement experience.
Christopher said during his campaign the sheriff is the chief law enforcement officer in the county. Phillips has said the court has ruled the role is an administrative one.
County concerned about liability
Todd Lawson, who will take over for Baker Jan. 1, 2012, said issues with the Sheriff’s Office have arisen over the past few months. “The primary reason behind all of this is the liability and safety of our employees and citizens,” he said.
Baker said an investigation into the sheriff’s actions started when Baker learned a deputy had made a traffic stop. “We followed up and confirmed that traffic stops had been made,” Baker said.
According to the memo, Baker said Christopher had ordered deputies to conduct traffic stops; make arrests of persons with outstanding warrants; transport prisoners, mental patients and people under protection orders; and provide security and crowd control at events – all of which violate either state law or county policies, Baker said.
Christopher said, as an arm of the court, his duty is to pick up wanted persons. “We are not out there looking for them, but if we see a wanted person, we are going to take them into custody and turn them over to the court. The paperwork is already out there on them whether we have it in hand or not,” he said.
Baker also said the sheriff appointed special deputies and has created a sheriff’s posse of volunteers who wear uniforms and had emergency lights installed in vehicles, all in violation of county policy or state law.
Baker said when deputies step outside their specific duties of delivering court papers, they create additional liability for the county. The county’s insurance provider said deputies would not be personally protected or covered by insurance if they ignored the county’s policies and the legal opinion of the state.
“Due to the additional liability to the county, deputies are instructed to discontinue to conduct traffic stops effective immediately,” Baker said.
Christopher said the extent of coverage for deputies might be broader than the county states. “If not, why are we as law enforcement officers not covered?” he asked.
Baker said, by policy, volunteers must have background checks and a drug test. In addition, under state law, the sheriff may employ extra deputies only on a temporary basis in an emergency. Baker said the county’s insurance policy provides limited coverage for volunteers that excludes bodily injury or property damage. Baker said volunteers were given old uniforms to wear, which creates a perception that county officials approve the volunteers.
The use of special deputies and the sheriff’s posse is prohibited by law, Baker said.
“What other great emergency is there than public safety?” Christopher asked.
Christopher said he has asked volunteers to keep track of abandoned houses following sheriff’s sales. “People are concerned about this,” the sheriff said.
Christopher was ordered to remove all unauthorized emergency lights from vehicles. The memo stated the attorney general ruled the sheriff does not have the authority to equip vehicles with emergency lights. In addition, all Sheriff’s Office vehicles – as well as most other county vehicles – must be equipped with GPS tracking devices.
Deputies have also been told to stop processing outstanding warrants, bringing people into custody and transporting prisoners or mental patients unless ordered by a state court.
Baker said county officials learned the Sheriff’s Office has provided security and crowd control. On Oct. 11, an overtime report was submitted requesting five hours of overtime for a deputy who worked at a Sept. 24 event. That practice was also ordered halted. “Until further notice, sheriff deputies are prohibited from providing security or crowd control at any events and will not have overtime requests approved for such activities,” the memo stated.
The memo ended with: “Lack of compliance with these directives will be viewed by county administration as insubordination.”
The role of the county sheriff
According to the county’s website, the Sheriff’s Office serves papers for the courts and court orders and holds sheriff's sales for nonpayment of taxes and mortgage foreclosures.
Christopher contends he does not want to expand the Sheriff’s Office. “I’m not seeking a county police force. I don’t want that logistical nightmare and that stress,” he said. “All I want is for the office to be professional and trained to have the same ability to help the public as any other law enforcement agency in the county. Our deputies should be trained and ready to act.”
Training and certification are high on Christopher’s list. He said undertrained deputies leave the county vulnerable to liability lawsuits. It’s not unusual for deputies to deal with volatile situations, the sheriff said. He has asked for up to $2,500 per deputy for training and equipment.
Christopher said this year’s budget allows $300 for each officer’s equipment and training. That doesn’t even cover mandated weapons-certification required three times each year, Christopher said
“I’m most concerned about liability. How does that amount compare to a multimillion-dollar lawsuit?” he asked.
Sussex County Republican Executive Committee member Eric Bodenweiser of Georgetown tried unsuccessfully to get the committee to endorse a resolution backing Christopher’s request for additional funds for training and equipment. The committee did not endorse the resolution.
“County council has basically ignored the will of the people when it comes to our elected sheriff,” Bodenweiser said. “One of his campaign promises was to provide a professional staff that is highly trained and equipped as well as any other law enforcement officer they may encounter.”
Bodenweiser says his presentation of the resolution played a role in his ouster as chairman of the 37th District Republican Committee.
