Personnel Board, sheriff spar

By DANIEL TAYLOR Correspondent

Marshall County Personnel Board attorney Jeff McLaughlin has resigned his post following a tense meeting Monday night where he and Sheriff Phil Sims butted heads over basic jail management training.

The argument stemmed from Sims’ effort to promote one of his jail officers who had been trained through the National Institute for Jail Operations (NIJO) instead of a course certified by the Alabama Peace Officers’ Standards and Training Commission (APOST).

The board passed a resolution during the Jan. 8 meeting allowing the sheriff to determine alternative training sources, such as NIJO, for his non-sworn corrections officers even if the training was not certified APOST.

However, during Monday night’s meeting, McLaughlin said, after further review, the resolution was in violation of Local Act 2019-313, which he said does require all sheriff’s office employees to receive APOST-certified training or “meet minimum requirements adopted” by APOST.

Sims argued that APOST doesn’t have minimum requirements for civilian jailers and that the Local Act states that he, as the sheriff, can choose how and where his non-sworn officers receive continued training.

Still, McLaughlin recommended the board nullify the resolution in order not to violate state law.

“There is indeed APOST certified training for corrections officers and jailers,” MacLaughlin said. “...The board has made a mistake based on the representation that was made at the last meeting, and I think it would be improper for a local substitute to take the place of a state mandate.”

“I would urge this board at the highest level that I possibly can not to violate state law,” he added.

McLaughlin recommended the board vote to bring the resolution back up for consideration and to table it indefinitely, which would effectively kill the measure.

Sims disagreed with McLaughlin’s reading of the Local Act and held that it did not constitute a requirement for APOST-certified training for non-sworn officers. Sims received a letter from APOST dated Jan. 11 saying that the Marshall County Sheriff’s Office had been in compliance with the Local Act.

“Clearly, Act 2019-313 establishes the requirement that all Deputy Sheriffs employed/appointed by the Marshall County Sheriff’s Office are required to complete continuing education in accordance with the requirements of the Commission. A review of our records reflect that the Marshall County Sheriff’s Office is meeting the requirement of Act 19-313,” the letter read. “...A law enforcement officer is defined as a person who in their official capacity is vested with the power of arrest. These officers are commonly referred to as a ‘Sworn Officer.’ The Commission does not regulate, nor does it have the authority to regulate, civilian, non-sworn, employees of any law enforcement agency, including jailors and clerks of the Marshall County Sheriff’s Office.”

McLaughlin still maintained that since the Local Act stated “all employees” of the MCSO “shall be required,” not even non-sworn officers should be exempt from APOST certification.

“It is not separated between sworn officers and employees. It’s simply not,” McLaughlin said to Sims. “I’m not saying you misled us at all, but that is not correct. Now that I realize it’s not correct, we’re violating the act.”

Unwavering, Sims asked the board to allow the resolution to stand.

“This is the third time we’ve been here; the third time we’ve talked about this,” Sims said. “I implore the board to stick with the resolution, and let’s get this done.”

The board discussed the issue for over an hour, with County Commission Attorney Clint Maze also giving his opinion.

When it came time to vote, board member Michael Clay made a motion to reconsider the resolution, however, it failed for a lack of a second, thus leaving the matter unchanged and the resolution in place.

Board Vice Chair Penny Windsor thanked McLaughlin for his legal recommendation. “I’m sorry we didn’t take it,” she said.

McLaughlin turned in his resignation letter to the board on Wednesday.

“We as Board members should ensure we are doing everything possible to uphold the law, and the integrity of the Personnel Board,” Windsor told The Reporter. “The Board is an integral part of Marshall County government, and what we do and what this Board represents is vital to ensure equity and transparency within our county government.”

She continued, “The fact that our Board chose not to take direction, advice, and warning, whatever you choose to call it from our very own attorney tonight is shocking. We sought an opinion on this issue, and were given a mechanism to correct a previous transgression, and simply chose to ignore the attorney and the opportunity to right a wrong. It saddens me that our inaction and blatant disregard of our counsel’s advice and the law contributed to our Board attorney’s resignation.”

During Monday’s meeting, board chair David Watts was careful to hear all sides of the issue and said it was a “healthy discussion” despite the often heated exchanges. He thanked McLaughlin for his service to the board and community.

“I am proud to have had the opportunity to work with attorney Jeff McLaughlin. His longstanding service to our community is truly admirable,” Watts told The Reporter following the attorney’s resignation. “He is very knowledgeable and passionate about doing what is right and equitable. He is committed to the best interest of our community and the employees who work for Marshall County. He has made a lasting impact on the county personnel board. I’d like to thank Jeff for his selflessness and unwavering support of this board.”

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