CARROLLTON — After three months of debate between the Carroll County Board of Supervisors and Sheriff Jerry Carver, Arthur Smith will remain as interim warden at the Carroll-Montgomery Regional Correctional Facility until a contract can be agreed on making him an independent contractor.
In November, the board voted 3-2 not to renew Smith’s contract. Carver tried again in December to have Smith’s contract renewed and was again rebuffed.
At Monday’s meeting, Carver asked the board for a clarification of Smith’s status.
“He has not been fired,” Board President Honey Ashmore said. “As of today, he doesn’t have a contract.”
Carver then asked that Smith, whom he called “an excellent employee,” be re-appointed warden.
“He will be an at-will employee like my deputies without a contract,” he said.
The motion failed, with Claude Fluker and Marvin Coward voting for it and Terry Herbert, Rickie Corley and Ashmore voting no.
Carver then sought to have Smith hired as chief of operations, but the board voted no on that motion with the same 3-2.
Board Attorney Kevin Horan told the board that the Mississippi Department of Corrections will appoint a warden if the county does not.
“He could be hired as an independent contractor. The MDOC commissioner has the ability to take over the jail if he sees fit,” Horan said.
Carver said state Corrections Commissioner Christopher Epps had recommended that he hire Smith.
Horan told the board there are three ways to hire a warden: “The county appoints, he works as an independent contractor under the sheriff or the MDOC takes over the prison.”
Before agreeing to consider hiring Smith as an independent contractor, Corley asked whether $900 that came up missing at the jail had been paid back.
“I owed the county and had to pay the money,” Ashmore said.
“We have been audited, and there was no mention of it,” Carver said.
“You haven’t heard from the auditor because it was not reported,” Ashmore said. “You are responsible for it.”
“I believe the one responsible has been fired,” Carver said.
Devo Lancaster, the jail’s attorney, said Smith could be hired as a contractor at the will of the sheriff. “He will not have state retirement, insurance or other benefits,” Lancaster said.
Herbert added that Smith wouldn’t be able to use a phone paid for by taxpayers.
“What about office space and truck?” Smith asked.
“It would be whatever is agreed on in the contract,” Lancaster said.
The board voted 3-2, with Ashmore joining Fluker and Coward, to appoint the warden as interim warden while a contract is being worked out.
The board also removed a part of Chancery Clerk Sugar Mullins’ duties and gave them to Circuit Clerk Durward Stanton. The board voted 4-1 to transfer the inventory control clerk duties to Stanton.
“It will be less money in fees to return to the county,” Mullins said.
After Mullins took state retirement before the last election, he agreed to return most of the fees his office collects to the county.
In other business, the board:
nRe-elected Ashmore board president and Herbert vice president.
nRe-appointed Horan board attorney, Mullins comptroller and purchase clerk, Bessie Pearce receiving clerk, Scott Montgomery fire coordinator and Gayle Beard civil defense director.
nAgreed to consider temporarily closing County Road 262, on 16th Section land, so that APAC can mine sand and gravel under the road and then reclaim the road if the Carroll County School Board asks supervisors to do so.
nReminded the board clerk that department budgets will be cut for this year by the amount they went over their budgets in 2011.
nUpheld the action of Justice Court Clerk Joy Parker, who refused to ask the state to reinstate the driver’s license of Lee Daves. She said she paid a traffic ticket on the last day it could be paid. But the Justice Court clerk said a letter telling Daves her license would be suspended had already mailed.
nClosed out a bridge and box project on County Road 145.
nRenewed county employee insurance coverage with L.S. Associates Insurance with an increase of $116.65 monthly.
nDeclined to assist the town of Vaiden in paying about $18,000 for a new grinder. Vaiden needs the equipment chiefly to destroy large contraband items coming from the regional jail.
