Having been out of the area for the past month I have tried to follow the actions taken to resolve the issue of the fine being charged to Delaware county due to the sexual harassment case filed by a number of female inmates at the Delaware County Jail. There is no reference to any discussion in past County Commissioner minutes, articles in the local newspapers and electronic newspapers for the area. One must therefore assume everything that can be done has been done and it is now up to the voters to concur with the position taken by the county commissioners, that being the imposition of a .5% sales tax at the county level for at least the next 17 years. If that is past it would appear this problem has been resolved. If the tax proposal fails then the courts can order a property tax, with no other action by the county. Why did the commissioners not consider a previous proposal to redirect the present volunteer fire department .4% ti cover the cost of this fine. Was that too political for them to consider? Certainly obliging the citizens of the county to a 14 million dollar lawsuit should be considered politically unappealing.

According to state statute it appears that if the sheriff and/or under sheriff fail to properly discharge their duties, the county can file a breach of contract and request the release of the performance bond covering the sheriff. Did our sheriff have a performance bond?

Next what to do about the sheriff for the future. The commissioners appointed an interim sheriff to straighten out the mess that has developed. This was certainly an appropriate move, but what about the future. Present requirements for a sheriff candidate requires a certain residency period and after being elected must enroll in training program to provide CLEET certification. The commissioners’ response to this is that it is the law and they have no oversight or responsibility for the sheriffs’ action. The voters are admonished that we need to pay attention to who we elect. Big deal, the voters have certainly indicated their ability of getting it wrong when choosing a sheriff. How many years back do we have to look to see where we got it correct? Certainly longer than I have been residents in Oklahoma. We certainly have a small pool of applicants if past candidates are any model. Another approach to filling this positions and provide oversight is required, the present one isn’t working.

Oklahoma State statue provides a means for the legislature to alter county bylaws if it deems appropriate. What could this mean for Delaware County. At present the voters elect the sheriff independent of the county commission. Possibly the legislature could change the counties bylaws to provide direct oversight by the county commissioners and allow them to hire a sheriff. What would be the disadvantage to this approach. It would certainly increase the pool of qualified candidates if the resident requirement were eliminated. Communities in Oklahoma are allowed to hire city managers from outside the city or state for that matter, with the provision that they move into the community when hired, how about the same for the sheriff. Also, if the county commissioners still feel there oversight is not appropriate, establish a sheriff office oversight committee comprised of members of the community, possibly an even number from each district, selected by the commissioners, or by some other method. If we continue to operate within the box as we have for many years we should expect the same result. Now is the time to think outside the box to resolve this problem.

Folks, we have a serious problem to resolve. Lack of involvement by each of us could result in similar messes in the future. Do we want this to continue. Only each and every one of you can answer this question. Visit the County Commissioners meeting, which are held on the first Monday of each month with subsequent meetings during the month on Tuesdays. All meetings begin at 9 am. The meetings are held in the commissioners council-room at the Delaware County Court House You must demand action of these elected officials.

William Miller

Grove, OK

11-27-11 update

 A residents of Delaware County, we are all faced with the liability of a sexual harassment legal settlement in the amount of 13.5 million dollars.  At today's county commissioner meeting the following proposal was presented  as a way out of the mess at a minimum of disruption to the lives of all citizens of the county.  This proposal has been carried by four of the local news outlets but is provided here in case you did not see one of the other articles.

Recognize the following facts.

1.  We (citizens of Delaware County) are on the hook for the settlement.

2.  It can be paid for by a blanket 18% (est.) property tax for the next three years. or

3.  An additional sales tax (est. 1% to 1.5%) for the next 10 to 15 years.  This will increase local sales taxes to over 10%.

4.  The Commissioners are taking measures to get more monies from the counties insurance carrier to at least reduce the amount of the settlement that is due from the citizens.

It is important for your county commissioner to hear from you.  They will be making decisions on this item during the coming weeks.

A Proposal

Bad News
Recently we received the bad news that the citizens of Delaware County may be on the hook for a 13.5 million dollar legal settlement resulting from sexual harassment charges filed against the Delaware County Sheriffs department.   As a result of several town hall meetings conducted by District 1 County Commissioner Doug Smith it appears that all that remains is to determine a method by which this matter will be settled.

 
Methods of settlement
Court Order

State law provides a means to settle this case if no other method are provided.  That is to order an increase in all property taxes within the county for the next three years of sufficient magnitude to cover the cost of this litigation settlement.  This method does not require the vote of anyone, just a judge’s court order to impose the tax. Recent reports indicate this to be in the amount of 18% (increase) of your present property tax.  You can figure what that will cost you.