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by Pete Edwards

An administrative decision by Bradley County Sheriff Dan Gilley will likely force

the County Commission to fund in excess of $2 million for additional jail staff in 2005 raising the possibility of an increased property tax.

Tennessee Correctional Institute (TCI) inspector Barry Suttles, has recommended the immediate hiring of 29 additional jail personnel before the new Bradley County Justice Complex can be certified by the state and an additional 29 when the jail is fully occupied which could be as early as next year.

In a telephone interview with The People News, Suttles said that when a new jail is built a county sheriff has the option of having the TCI conduct an Unofficial Staffing Analysis or an Official Staffing Analysis. An Official

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Staffing Analysis is binding by law and forces the county legislative body to fund jail staffing to the level ordered by the analysis. An Unofficial Staffing Analysis is a recommendation by the TCI to ensure safe staffing levels.

Suttles said, TCI inspectors always recommend an unofficial analysis because it allows the county more flexibility. He said that Bradley County was the only county to his recollection that opted for an official analysis. Since December 2003, nine counties have applied for certification with only Bradley asking for an official analysis. The counties that chose the recommended route were,

McMinn, Monroe, Morgan, Anderson, Sumner, Montgomery, Madison and Jackson.

The old Bradley county jail had 38 staff and an additional 42 were hired when the new justice center was completed, increasing personnel to 80. After the 29 additional staff are hired there will still be a shortfall of 29 officers to comply with the TCI required staffing level of 138. At present the new jail has an inmate population of  95% with expectation that it will reach capacity in 2005, mandating 138 staff.

Suttles said that the TCI does not have the authority to close a jail if staffing levels are not met but the state could remove state prisoners or reduce the

daily inmate housing allowance paid to the county. He added that it is unlikely that federal prisoners would be removed.

During a Bradley County Law Enforcement Committee meeting on November 9th, Sheriff Dan Gilley said when asked what the downside would be if  the county didn't hire additional officers, "The TCI board will either award us a provisional/conditional certification, or not," "If they award us a certification, they will support us in any liability issue. Without certification, they would not help, and may even come in on the other side."

Chief Deputy Jim Hodgson said, "If there is an injury, death or abuse (at the jail) and there is a lawsuit, we could be found guilty of deliberate indifference." This means the state notified the county of inadequate staffing/supervision at the Justice Center, and the situation was not corrected. [Cleveland Daily Banner, November 11th]

When asked why a sheriff would request a binding analysis from the TCI, Suttles said that it could be used to force a county commission to fund jail staffing at the recommended level. He said that although the TCI would not certify a jail if they considered staffing levels to be unsafe, an unofficial analysis is not binding, allowing the sheriff to show staffing levels were adequate. He said that staffing levels were determined by a man-hour/inmate ratio and not officer/inmate ratio.

At the November 9th Law Enforcement Committee meeting, it was disclosed that the Bradley County Sheriff's Office had miscalculated the cost of existing deputy salaries resulting in a $212,264.91 shortfall.

With a commitment by many county commissioners  to hold the line on tax increases, the rising operating cost of the new justice complex could prove a challenge.

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