'Clear my name.' Budget says SC sheriff overspent $1M in 2019. He says that's not true

Sep. 16--Since Jasper County Sheriff Chris Malphrus took over the county's law enforcement in 2017, the department's budget has exploded by more than 43%, and so has its overspending -- almost $1.4 million in the past two fiscal years, according to county documents.

In fiscal year 2019 alone, the department spent $925,070, or 27% more than was budgeted, the documents show.

Malphrus, who was defeated in the primary and will leave his post after a new sheriff is elected in November, could be personally held responsible for the amount, but he maintains that the most recent budget documents are "inaccurate and incomplete."

It's unclear where the $1.4 million came from, whether a contingency fund or unspecified grants. Jasper County Administrator Andrew Fulghum said Wednesday morning that he, Malphrus, and Kim Burgess, director of Jasper County Financial and Administrative Services, are meeting later in the day to discuss the expenditures.

Fulghum acknowledged that County Council was "concerned" about the documented over-spending after seeing the almost $1 million over expenditure and asked staff to "monitor it very closely."

"So that's what we've been doing," he said.

The issue recently came to light after Jasper County Attorney David Tedder wrote the S.C. Attorney General, asking who was liable for the unapproved expenses, which include overtime payments for deputies and salary increases not approved by County Council.

Tedder asked about "the duties, responsibilities and liability of the Sheriff on the one hand, and the recourses and duties of County Council on the other, when it is determined that the Sheriff has spent more than the Council appropriated budget for the Sheriffs Office."

The S.C. Attorney General's Office issued an opinion on how to best handle the overspending, concluding that Jasper County Council could not use its budget powers to interfere with the Sheriff's Office operations but that overspending could be "unlawful." If a court finds Sheriff Malphrus "acted negligently," he could be personally responsible for the cost, the attorney general wrote.

Tedder did not return calls to his office Tuesday or Wednesday.

'Clear my name in this mess'

Malphrus says the documents don't accurately reflect the Sheriff Office's finances.

"There are a lot of things it doesn't show that would offset those numbers drastically," he told The Island Packet and Beaufort Gazette Tuesday.

Malphrus said much of the extra spending was out of his control, such as employees working overtime during two hurricanes, a "massive uptick in crimes" like homicides, shootings, and car break-ins, and COVID-19 expenses.

Other expenses that he said were out of his control were "unfunded mandates," such as medical insurance and vehicle insurance, which increase from year to year. Malphrus said that accounted for about $590,000 of spending.

He did not explain why the insurance increases were not in his $4 million budget.

He acknowledged that the increased costs affect every county department, but said his department, with about 53 employees, is among the largest and thus cost the most.

"I did go over budget on things, but I had a legitimate reasons I had to," he said.

Malphrus contends that not all the money his department is bringing in was included in the budget documents.

"The budget does not reflect reimbursements the county received through grants the Sheriff's Office was awarded through the fiscal year," including for bullet-proof vests, body cameras, and from FEMA, he said. "A very large portion of the money we were over was paid toward body camera video storage, which is something we'll be reimbursed for this year."

He also says fines, fees, and forfeitures weren't included and that revenue would account for about $260,000 to offset the over-expenditures.

"The overspending is very easily explained," Malphrus said. "There's some legitimate reasons why those things happen. ... Without digging deep into it, I know I can explain away 60% or 80%. There's a whole lot more under the surface, but my immediate goal is to clear my name in this mess."

Malphrus said he's taking the time to review the department's budget line by line, and invites concerned residents to meet with him to "find out the truth."

"I clearly don't have $1 million, and I would not be careless enough to use the people of Jasper County's money in that way," he said. "My goal is only ever to make Jasper County a better, safer place to live."

Burgess, the county's financial director, did not return calls Tuesday or Wednesday but confirmed by email that the Sheriff's Office had a "negative variance" of $925,070 for the 2019 fiscal year. In the email, she said she would research the discrepancies Malphrus alleged, but did not provide that information by Wednesday morning.

In the letter Tedder wrote the Attorney General's Office, which was first obtained by FITSNews, Tedder said there may be future reimbursements for "unexpected circumstances" like Hurricane Dorian and COVID-19 expenses, but that they "comprise only a minor part of the over-expenditures."

A look at the numbers:

Jasper County's fiscal year runs from July 1 to June 30.

The Sheriff's Office budget approved by County Council, according to county documents:

-- $2,787,060 in 2016

-- $2,937,488 in 2017

-- $3,408,960 in 2018

-- $3,431,060 in 2019

-- $4,055,760 in 2020

-- $4,206,700 in 2021

Overspending in recent years, according to comprehensive annual financial reports:

-- $231 in 2016 (the year before Malphrus took office)

-- $261,259 in 2017 (after Malphrus was in office six months)

-- $469,469 in 2018

-- $925,070 in 2019

In recent years, the Sheriff's Office has also grown in size, according to the documents.

From 2010 to 2017, the Sheriff's Office had 18 patrol units. In 2018, four additional units were added, and the number of units stayed at 22 in 2019.

Similarly from 2010 to 2017, the Sheriff's Office had 11 permanent positions. In 2018, the office increased to 12, and in 2019, it had 14 positions.

Malphrus said Tuesday that he has 53 or 54 full-time employees.

The most recent comprehensive annual financial report, which would have figures for the fiscal year ending in June, is not available because the "financials are still being finalized," Burgess said.

Editor's note: This story will be updated when more information becomes available.

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