Friday, April 22, 2011

Sheriff puts undersheriff on leave

Grant County Sheriff Glenn Palmer has placed Undersheriff Todd McKinley on paid administrative leave after he disagreed with the sheriff's rejection of a Forest Service patrol agreement. In an April 19 letter obtained by the Eagle, Palmer put McKinley on leave pending formal disciplinary action that could include termination. The sheriff also scheduled a Monday, April 25, meeting with McKinley to discuss the situation. The rift apparently had its roots in a decision made by Palmer last month. The sheriff wrote in a March 31 letter to Malheur National Forest Supervisor Teresa Raaf that he didn't believe it was in the best interest of the people of the county or his office to sign the annual agreement for deputy patrols on the forest. He cited his concerns about Forest Service Law Enforcement's treatment of "citizens of this county in October and November 2010," the travel management plan, "illegal road closures, grazing, logging, wood permits, prescribed burns, unemployment and other socio-economic issues this community faces today." Palmer's letter also questioned the Forest Service's authority to have police operating in the county, citing limitations on federal powers in the U.S. Constitution. "Your jurisdiction as I see it is limited in nature to the Federal Building in John Day," Palmer wrote. "I want to remind you that all policing within the external borders of Grant County are the exclusive responsibility of the Grant County Sheriff's Office and enforcement of all laws shall rest with the County Sheriff and his designees."...more

McKinley wrote a letter to Palmer and copied it to the FS saying he disagreed with Palmer and they should "cooperate" and be a "team player" with the FS. McKinley's letter also mentions money, saying "the funds provided by the Forest Service have been valuable to our day-to-day operations."

To many there is a brotherhood amongst law enforcement officials and I understand that, my father having been in law enforcement for 16 years. But what I'm seeing much too often is that local law enforcement is siding with this brotherhood first and protecting the rights and privileges of their citizens second. Further, some locals are in awe of the feds and/or hope to be a fed someday, which results in them deferring to feds whether it is appropriate or not.

Finally, there is the money. In this case it was $13,000 per year. McKinley is willing to sell out the local citizenry for a measly $13,000.

McKinley has every right to disagree with his boss and to raise his concerns internally. But when he copied his letter to the FS Patrol Captain and the Grant County Circuit court, he showed where his true loyalties lie, and they aren't with Sheriff Palmer and the stand up job he is doing for his constituency.

And just who do you suppose gave the disciplinary letter "obtained by the Eagle" to the newspaper?

I'm betting on Monday we can all say "goodbye" to Mr. McKinley.

2 comments:

Floyd Rathbun said...

The FS was getting the Sheriff's assistance too cheaply because of their so-called cooperative agreement. Federal law already required the FS and other agencies to reimburse the county sheriff. The Sheriff should send the FS a bill for actual costs. For example:

FLPMA provides a law enforcement remedy for federal agencies such as the BLM and USFS if they, in fact, need law enforcement assistance.
Sec. 303 (1) and (2) of the Act in the Session Laws (see also in 43 USC 1733) includes: “When the Secretary determines that assistance is necessary in enforcing Federal laws and regulation relating to the public lands or their resources, he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations. . . . (2) . . , Such cooperation may include reimbursement to a state or its subdivisions for expenditures incurred by it in connection with activities which assist in the administration and regulation of use and occupancy of the public lands.”

Forest Service has its own instruction from Congress:
16 USC Chapter 3 § 551(a). Cooperation by Secretary of Agriculture with States and political subdivisions in law enforcement
“The Secretary of Agriculture, in connection with the administration and regulation of the use and occupancy of the national forests and national grasslands, is authorized to cooperate with any State or political subdivision thereof, on lands which are within or part of any unit of the national forest system, in the enforcement or supervision of the laws or ordinances of a State or subdivision thereof. Such cooperation may include the reimbursement of a State or its subdivision for expenditures incurred in connection with activities on national forest system lands. This section shall not deprive any State or political subdivision thereof of its right to exercise civil and criminal jurisdiction, within or on lands which are a part of the national forest system.”

wctube said...

Your jurisdiction as I see it is limited in nature to the Federal Building in John Day," Palmer wrote. "I want to remind you that all policing within the external borders of Grant County are the exclusive responsibility of the Grant County