HOME Subscribe Today!
SEARCH: Go
Huron County Press



Huron County Press Local News

PUBLISHED: Wednesday, June 11, 2008
Sheriff Tibbits answers to the Huron County Board of Commissioners



Huron County Sheriff Kent Tibbits appeared before the Huron County Board of Commissioners Monday to answer questions regarding the allegations that he has misused his County Owned vehicle.

Advertisement

The Board of Commissioners meeting room was standing room only and was filled to capacity with spectators. Board Chair Robert Haldane explained the fire code and the capacity of the room to those present. He said the room is only to hold 15 people and explained he would not start the meeting until those present left the room.

It seemed obvious the Sheriff and his counsel Michelle Biddinger were not necessarily pleased with the ruling and she was overheard saying, "It's not our show."

"This is a fact finding session of the Huron County Commissioners with Sheriff Kent A. Tibbits," said Haldane.

He then explained the Board requested the Sheriff to appear before the Board, under oath to explain the use of his county assigned vehicle and gasoline use.

Each Commissioner, with the exception of Commissioner James Leonard who was absent, were able to ask Tibbits questions regarding the use of his vehicle and gasoline after the Sheriff made a statement. Haldane also allowed time at the end of the meeting for public comments.

Tibbits read a prepared statement:

"It is my privilege and honor to be your Sheriff. When I was elected by the people eight years ago, I did not accept a job, I accepted a duty to serve. I agreed to serve the people of this County, 24 hours a day, seven days a week. In the past eight years, I have never punched out and as long as I'm Sheriff, I never will. I have always encouraged members of the community to contact me, day or night, with any questions or concerns. I have a cell phone that I carry with me, and I have given my number to thousands of citizens during family dinners, ball games, church service, vacations, and the middle of the night. I've encouraged people to call me anytime and I can be interrupted, unless I'm in the bathroom, of course. In all seriousness, I feel it's extremely important as a public official to be available at all times, and I have done that.

"I also accept as a public official that every aspect of my life from personal to business will be under scrutiny by the public and even those I work closely with. I have done nothing wrong, and I welcome the scrutiny. As a law enforcement officer, I believe in a fair and impartial investigative procedure. During this process, I have purposely chosen not to go to the media because I didn't want to prejudice or interfere with the investigation process. After the accusations against me surfaced, I immediately responded with a statement so that the public was aware that I did not misuse the vehicle provided to me in my position as Sheriff. Since then I have allowed those involved to gather whatever information they could to determine my guilt or innocence without interfering. However, I have always maintained my innocence.

"I have been summoned here today to provide a report to the Board of Commissioners and I am prepared to do so regarding the matter of my use of the vehicle provided to me in my position as Sheriff. When I was summoned to be here today, I was presented with 52 different inquiries, most relating to gasoline purchases at County expense from January 9, 2004 through April 6, 2008. Before addressing the specific questions, it's important for the Commissioners to remember that every month this Board has approved the very gasoline that I'm being asked to account for. This Board has approved my gasoline purchases over 50 times during that time period without question. In approving the purchases, the Board was provided with information regarding the charges. I certainly believed that I was acting appropriately with regard to the vehicle, especially since I was accountable for that use and the purchase of gasoline on a monthly basis by this Board and never questioned by the Board. The Board never gave me any indication whatsoever that my use of the vehicle or my gasoline charges were inappropriate. I think it's important to keep that in mind. In addition, contrary to what has been reported in the media, the vehicle in question in not being leased. It is on a lease buy-out which means that after three years the Sheriff's Office will own the vehicle; there is not a 15 cent charge for miles as alleged in a newspaper.

"I now want to address, as requested, the use of the motor vehicle assigned to me and/or used by me and the purchase of gasoline. When I was first elected to the position of Sheriff, I was provided with a vehicle for my use and a gas card for gasoline purchases. It was my understanding that the vehicle was to be used 24 hours a day, seven days a week at the expense of the County. In return, I was to be available 24 hours a day, seven days a week, even if I was out of the County, to respond. When I have been in my vehicle, which is fully equipped with emergency lights and equipment, I have assisted with accidents, vehicles in the ditch, and transporting stranded motorists regardless of where I was going personally or professionally.

"The Board has been provided with an Affidavit from my predecessor, former Sheriff Michael Gage, attached as Exhibit 6 to my written statement. He has attested to the fact that while he was Sheriff, he was also provided with a vehicle. He used his vehicle 24 hours a day, seven days a week at County expense. He can attest to the fact that there was no written policy with regard to the Sheriff's use of the vehicle while he was Sheriff or during the time he served on the Board while I have been Sheriff. The Board of Commissioners has never provided me with any written policies regarding the use of the vehicle. This Board knows there are no set rules from the Board regarding my use of the vehicle. In fact, Commissioner Clark Elftman admitted during a Caseville Village Council Meeting, and it was printed in a newspaper, that I didn't break any rules because there are none regarding the use of the vehicle. Chairman Robert Haldane also indicated in a newspaper that when vehicles were assigned to the sheriff and undersheriff, there were no procedures or standards set.

"Other former commissioners can attest to the fact that there has been no policy regarding the use of the vehicle since I was elected Sheriff. Michael Gage became a commissioner after I was elected Sheriff and has stated under oath that there was no policy. Hank Weintenberner was a commissioner from 1994 until 2004 and has also signed a sworn statement that my use of the vehicle was not restricted to official use and that the vehicle was not governed by the Huron County Employee Handbook. His affidavit is attached as Exhibit seven to my written report.

"Glen Townley was also a commissioner until 2002 and he has attested under oath that my use of the vehicle was not restricted or governed by the Huron County Employee Handbook. His affidavit is attached as Exhibit eight to my written report. Dale Koehler was on the Commission and also the Chairman of the Board. He also states in a sworn affidavit that my use of the vehicle was not restricted or governed by the Huron County Employee Handbook. His affidavit is attached as Exhibit nine. Curtis Haag also served on the Board, and he has attested to the fact that my use of the vehicle was unrestricted and not governed by the Huron County Employee Handbook. His affidavit is attached as Exhibit 10. That's five former commissioners who served during the time that I have been Sheriff who have sworn under oath that there was no policy with regard to my use of the vehicle, that my use was unrestricted and that my use was not in any way governed by the Huron County Employee Handbook.

"My vehicle does not come from the motor pool. Motor pool vehicles are signed out daily; I have never had to sign my vehicle out for use. I have never dealt with the motor pool with regard to my vehicle. In fact, the motor pool vehicles are all registered in the name of Huron County. However, my vehicle is registered in the name of the Huron County Sheriff's Department along with a couple other unmarked vehicles belonging to the Sheriff's office. I have proved the Board with a copy of the registration which is attached as Exhibit two to my written statement.

"I have always maintained that the Huron County employee Handbook is not applicable to me or the Sheriff's Office. In fact, there is an Employee Acknowledgement Form for employees to sign and return to the County acknowledging receipt of the handbook. I have never signed the acknowledgement. It is interesting that after the allegations against me arose, without my knowledge, the County distributed the Huron County Employee Handbook to some of my officers and asked them to sign an acknowledgement form. Sheriff employees who were provided a copy of the Handbook realized many of the policies did not apply to the Sheriff's department and filed a grievance regarding being asked to sign the acknowledgement.

"In addition, shortly after the current handbook was adopted in 2004, I wrote a memo to the Personnel Committee Chairman and Commissioner, Robert Haldane, in response to his memo about the handbook and copied it to Stephen Allen Corporate Counsel. This memo stated that I opposed adoption of the Huron County Employee Handbook because the Sheriff's Office had its own policies and procedures in place and many of the Huron County Employee Handbook sections were not applicable to Sheriff personnel or situations. I never received a response that it did apply to the Sheriff's Office. These memos clearly show Chairman Haldane was aware the handbook did not apply to the Sheriff's Office. If the Board were to adopt a written policy specific to the Sheriff's Office regarding the use of my vehicle, I would follow it and ensure that my employees follow it. In fact, I encourage direction from the Board on the use of the vehicle because it has become such an issue. I would be happy to prepare for the Board a policy that takes into account the demands and needs of the Sheriff's position and Sheriff's Office."

(At this point, Sheriff Tibbits addresses the specific questions pertaining to dates and locations regarding gasoline purchases and vehicle use; the following concludes in general the details explained.)

"I have done the best that I can to explain and recall the use of my vehicle on the dates specified. As I have said, many of the dates I'm being asked to explain are for purchases outside the County when to the best of my knowledge I was never outside the County on those dates. As to the other dates I have been asked to explain, I do not deny that on some of those occasions I may have been with my family, friends, going to see family, camping, fishing, or other activities. However, I was never officially off duty. I was available to serve and respond to any emergency situations, and I firmly believed that the vehicle was to be used by me 24 hours a day, seven days a week no matter what my destination.

"I am requesting that the Board work with me in adopting a policy on the use of my vehicle so that there are no misunderstandings in the future.

"I believe I have thoroughly explained my use of the vehicle assigned to me by the County and gasoline purchases as requested to do so by the Board of Commissioners. I understand the Board is only doing its job. It is my hope that this discussion is a catalyst to create a clearly defined written policy as to the use of the vehicle assigned to the Sheriff and his or her officers. As long as I'm Sheriff I promise that any such policy will be strictly enforced. I take my job seriously and work hard to protect the citizens of this fine County. I look forward to continuing to serve as your Sheriff."

At this time, Haldane explained the Board will look the information over and opened the meeting up to fellow Commissioners to address the Sheriff with questions.

Commissioner Dave Peruski: Was there ever a mileage log kept in your vehicle?

Tibbits: No.

Peruski: Would you agree to calculate the mileage, from 2004 to present?

Tibbits: I have another statement; to hold me accountable to a non-existing policy is unfair. Reflecting back, I should have never offered reimbursement. I am willing to pay the standard government mileage for my trip to Florida. That vehicle was given to me; there is no set policy.

Peruski: Are you aware of the increased exposure while you are out of state?

Tibbits: I was not aware of the policy.

Peruski: When was the last time you drove to an emergency from your home?

Tibbits: I do not recall.

Peruski said it was difficult for him to ask and difficult for Tibbits to answer questions regarding weather Tibbits would consider closing his re-election campaign and/or resigning as Sheriff. Tibbits responded, "No."

Commissioner Clark Elftman: How many times on average do you get called out at night?

Tibbits: I cannot answer that.

Questions were then aired toward Tibbits regarding the use of a GPS system in his vehicle. He stated he did take the unit to Florida with him and then it was to be used within his department.

Commissioner Don Pascarella: I think the consensus is you have been a good Sheriff. Earlier you couldn't remember when you were called out at night, how many times since the first of this year?

Tibbits: I don't recall being called out this year.

Tibbits then explained, "My officers will call and inform me, they usually call me to keep me informed."

Pascarella: You talk about the Commissioners approving the bills, the Sheriff's Department bills are very vague. It doesn't say where you've been.

Wruble: I think you have been a good Sheriff. I have a problem with this. We rely heavily on hour department heads and we trust them. If any of these (gas) slips were labeled personal use, do you think that would be condoned by this Board?

Tibbits: I rely on my statement.

Huron County Corporate Counsel Steve Allen addressed Tibbits with questions. Biddinger questions the idea of Allen asking questions, "We are summoned here to appear before the Board; I am, we are not required to answer questions from Corporate Counsel."

Allen explained he is asking the questions as the Board's representative and on behalf of the Board.

His questions pertained to the use of the vehicle on certain dates, and purchase of gasoline. Of which Tibbits basically states that he relies on his statement.

As the meeting began to conclude, commissioners were allowed to ask additional questions, or as it appears to make statements.

Elftman: We had nothing to do with this and we are put on the spot. There are going to have to be some changes and you're going to have to accept them. There have been a lot of people that have contacted the Board and they want your head.

Commissioner Ron Wruble gave the impression that he feels this is just a hugh loophole and feels betrayed. Tibbits responded with, "I don't think I have done anything wrong."

Haldane did permit public comments:

Port Hope area resident Myrna Laflamme addressed the Board and said, "I think you should be ashamed of yourselves; this is a witch hunt, shame on you."

Sheriffs Tibbits' brother Lou Tibbits explained to the Board some feeling of the Sheriff when the allegations started, "He felt like quitting, selling his house and moving. This hurts me, he is a great man."

Others such as previous Sheriff department employees, clergy made comments to the Board, all in favor and supportive of the Sheriff, including Michael Gage, who was Sheriff for 12 years and a Huron County Commissioner for six years.

He said, "I can take some of the blame, all the years I was Sheriff I never felt nor is it now that the Sheriff's Department is under the vehicle policy. I don't think we are trying to embarrass the Board. I believe he (Tibbits) is a man of honesty and integrity."

Haldane then closed the meeting from the public and with a motion and approval of fellow commissioners, closed into executive session to discuss pending litigation for leased County property use.





TOP JOBS

TOP AUTOS

TOP HOMES

TOP RENTALS

TOP MERCHANDISE

Not all stories are guaranteed to appear online.
The Web edition contains a reasonable sampling of the print edition stories.
For the most complete news coverage, we invite you to subscribe to the print edition of the paper.