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County to get auditor’s opinion on BOC’s additional payment request

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Sheriff Scott Nichols, at right, gestures during a discussion of sending an additional $100,000 to the state at the county commissioner's meeting on Tuesday. At left is Doug Blauvelt, the Detention Center's manager and Chief Deputy Steven Lowell.
Sheriff Scott Nichols, at right, gestures during a discussion about sending an additional $100,000 to the state at the county commissioner’s meeting on Tuesday. At left is Doug Blauvelt, the Detention Center’s manager and Chief Deputy Steven Lowell, standing.

FARMINGTON – County commissioners continued their discussion of the Board of Corrections’ request to increase Franklin County’s Operation Support Fund allotment by $100,000 in this fiscal year.

While the county has operated under its $1.6 million corrections funding cap, with about $1 million to operate the Detention Center and the balance sent to the state to help support the rest of the corrections system, the BOC sent a letter last month requesting an additional one-time payment of $100,000.

The money requested would come out of the Franklin County Detention Center’s surplus reserve account that currently holds $447,000. Commissioners noted that since 2008, frugal management of the center has allowed funding to be socked away in the event unexpected expenses in the county’s corrections department appeared.

But, due to the increases in routine expenses of late, the local jail expended 97 percent of its operating budget in fiscal year 2013-14. Repeated reductions in the operating budget would leave the facility unable to function, said Sheriff Scott Nichols at an earlier meeting.

As a result of the state’s jail reorganization process in 2009, which included the creation of BOC, Franklin County’s full service jail became a 72-hour holding facility.  Since then, local officials have advocated for resuming full-service operations at the jail, with the BOC voting against that proposal last year.

In December 2013, a legislative task force came back with recommendations that resulted in the eventual passage of LD 1824, An Act To Provide Additional Authority to the State Board of Corrections, which allowed the BOC additional oversight of county jail budgets and management decisions. Much of the BOC’s expanded authority was the result of an effort to fix a system struggling to make up for a budget shortfall in the state’s county jail operations.

While Franklin County contributes more than $600,000 to the state for jail operations, local officials were denied a mission change to keep those funds in the county to reopen a fill service jail and save on inmate transport costs. In denying the request, some BOC members spoke against the request, indicating the system could not absorb the loss of those funds.

After receiving the latest request for additional funding by the BOC, commissioners asked for a legal opinion on if the county is legally obligated to pay under the new statute and what, if any penalties could the BOC levy if payment is withheld.

The question of denying the additional payment of $100,000 may be best answered by an auditor, the county’s attorney Frank Underkuffler advised commissioners at Tuesday’s meeting.

“We need to look at what has generated the $100,000,” Underkuffler said. He explained if the excess funding was the result of the jail being downsized to a holding facility by the BOC, then according to statute, they are within their legal purview to utilize the funding for the state’s needs. But if the surplus revenue is a direct result of the county’s efficiency in running its detention center, then it should remain with the county.

“The auditor should look at the source of the efficiency,” Underkuffler said. “What generated the money?”

“We’ve tried to hold the line,” Commissioner Fred Hardy of New Sharon said of the county’s budget restraint over the last years. He added by sending $600,000 each year to the state to fund other jails, “haven’t we met that requirement,” he asked.

“It seems to me that the other jails that aren’t doing as good a job (at keeping budgets tight) shouldn’t be rewarded,” Underkuffler said.

“If we don’t play along, they may just shut us down-that’s my fear,” said Commissioner Gary McGrane. He argued to pay the $100,000 – a one-time payment, Nichols said he was told by the BOC – “and we will still have $347,000 to spend in corrections.”

“If we give them the $100,000, will they come back for more,” asked Commissioner Clyde Barker of Strong.

“I’m going to be short,” said Doug Blauvelt, the Detention Center’s manager. “They (BOC) gave us a number in 2008 and I worked diligently with that number to make it work. Now they want it back. They’re forcing us to give them that money,” he added.

“I’d rather see us work together,” McGrane said. “What benefit is it if we withhold the money? What are we going to do with those funds? If I had it my way, I’d give it back to the taxpayers, but we can’t.”

The county auditor’s report regarding the question of how the surplus revenue was generated is expected in the next few weeks.

In the meantime, commissioners set up new reserve accounts to earmark funding from the surplus account for its corrections needs. The effort was suggested by an accountant as a way to protect the county’s surplus from BOC withdrawal. $150,000 was set aside for a new detention center roof, $40,000 for a new transport van and $20,000 was labeled for miscellaneous needs that might crop up.

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13 Comments

  1. BOC need a raise? Seems to me if it wasn’t for Franklin County paying so much, they would cease to exist as I would doubt they would “work” for free!

  2. Where does our governor stand on this issue? He must have some influence with the BOC. Could he not use some of that influence to help Frankllin County. I know he knows that we exist its time he did more for us than slerp up maple syrup.
    John Calloway

  3. It is evident that Franklin County residents, the Sheriff and County Commissioners seek accountable and common sense solutions to the issue of our jail and responsible service. One indicator is the prudent use of taxpayer funds and good stewardship.

    Again, I fail to see why Franklin County taxpayers are responsible for other county correctional facilities. Look at the issue of transportation, distance, confusion, and other factors surrounding how Sheriff Nichols and staff move people because we do not have a jail facility that would accommodate these needs.

    “In denying the request, some BOC members spoke against the request, indicating the system could not absorb the loss of those funds.” Oh, and we are responsible for other county operations, why is that? To my way of thinking, their “full picture” knowledge of the issues and needs is extremely limited, shows how little they see the big picture and this results in uninformed statements like the one quoted.

    When the Sheriffs of Maine’s sixteen counties were responsible for their jails, within the county structure, they worked out needs, implemented programs, and sane policy was in place. Is someone’s goal the full consolidation of jails and prisons in Maine (now obscure in a Harry Potter invisibility cloak), or are we just mired in mud? If so, why all the marching through the swamp when a paved road is not without possibility. I hasten to say, this does not represent my personal view.

    Like the former Governor’s school consolidation concept, jail consolidation and the creation of the BOC, was an idea without a plan. The consequences of that “rush to implement” are aptly demonstrated by the retreat of many districts from school consolidation. A similarity of that chaos now surrounds county jails. We seem to have learned nothing!

    The erosion of county control over its business is of concern. We, the people, have lost influence in Washington (do you doubt that?), the state seems illusive more frequently than I prefer, divisions of philosophy, practice and common sense increase and myopic thinking is all to frequent. This leaves many uncomfortable to state the obvious!

    While being relatively new to Franklin County (is 10 years new?), I am very comfortable with how our elected officials work to do the right things for the right reasons, take responsibility, provide professional services and look out for the well-being of all citizens. Erosion of this by those from other places, well, just not my cup of tea.

  4. It appears that the “important” thing is the support and continuation of the BOC. That the sheriffs are well qualified to run the jails in their respective counties is irrelivant as long as a buracicy can be built and sustained. The previous system was working just fine, needed no tinkering and ought to be restored. John

  5. To John Calloway,
    Please open the website which “Amanda” has suggested.
    You’ll find out how the Gov. felt on this issue.
    I am strictly opposed to sending the extra $100,000.

  6. I’m curious how much of the funds sent to the BOC is spent on board member salaries. Are we asked to provide more money to support salary increases or another desk in Augusta?

  7. The citizens of Franklin County organized a protest once, sent letters to BOC members/chairs, the Governor, and anyone else who would listen – all for naught. Thank you, Baldacci. You’ve managed to extend your sphere of influence beyond your 8 tyrannical years, squeezing every last dime out of the tax payers. And it continues. Perhaps it’s time to drag the BOC’s chairman up to Franklin County in chains and let the tax payers throw old tomatoes at him…the gardens are now producing a full stock of them. And bring all the members of the Legislature who voted for this new law, too. I’ll even bring tomatoes.

    I’m with Fred Hardy. Don’t send the $100K. What are they going to do, shut down the County and arrest the Sheriff???

  8. “In December 2013, a legislative task force came back with recommendations that resulted in the eventual passage of LD 1824, An Act To Provide Additional Authority to the State Board of Corrections…”

    So, was LePage’s veto overridden?

  9. “We need to look at what has generated the $100,000,” Underkuffler said. He explained if the excess funding was the result of the jail being downsized to a holding facility by the BOC, then according to statute, they are within their legal purview to utilize the funding for the state’s needs. But if the surplus revenue is a direct result of the county’s efficiency in running its detention center, then it should remain with the county.

    The answer to the query posed by Mr. Underkuffler is very pertinent to this discussion. It would be prudent to pursue the answer, wouldn’t it?

  10. Since 2008 Sheriff Pike and his frugal crew socked away over $400,000.00. Now due to “routine” expense increases the local jail expended 97% of its budget. Huh. Imagine that.

  11. Between this article and the Sun Journal article a person can see that the county sheriffs dept is overcharging the county by 30-33%. The BOC see’s that and is trying to squeeze some of the extra for themselves. Our county tax bill went up again, perhaps the extra should be cut out and our taxes lowered going forward.

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