Sheriff's Audit, Allegations Addressed At Commissioner Meeting

The mayor of Elgin, the Madison County attorney, a local attorney and an examiner from Nebraska Jail Standards spoke on behalf of Sheriff Bob Moore at the Antelope County Commissioners meeting on Tuesday.

They addressed the scruntinatization of the sheriff’s audit and comments made by commissioner Allan Bentley during the Jan. 8 meeting regarding jail food choices and potential HIPAA violations.    

In front of an audience of nearly 70 people, Elgin Mayor Mike Schmitt told the board, “I think you’re fishing in the wrong pond,” when speaking about some of them targeting the sheriff.

Schmitt said Sheriff Moore has worked for the City of Elgin for about 25 years and “never once did anything come back on his department” during their annual audits. He said “all of us need to work together,” and the crowd erupted into applause.

Attorney Martin Klein went through the findings of the state auditor’s report, line by line, explaining each one to the commissioners. Klein said some changes in department practices will help with future issues and corrections have already been made. He also provided the commissioners with a Menards receipt for $44.12 and added that the rebate came in Tuesday.

Moving forward, Klein said the sheriff’s office staff will clip the rebate off before submitting the receipt to the county, which should eliminate issues. When asked, commissioners had no
other questions regarding the audit or rebates.

Chris Harrifeld, jail examiner/consultant with Jail Standards, addressed Jan. 8 comments made by Bentley about an inmate’s medical diagnosis and treatment, serving inmates cake and ice cream and the installation of a basketball hoop in the jail’s recreation area.

“All of our standards, we’re not just throwing darts at a wall coming up with rules,” Harrifeld said. “All of thesestandards are backed by state statute. And where those come from is, at some point— a prison, a jail, you name the facility —somebody has been sued over these issues. So this is kind of a guide of things you need to do to keep you out of court.”

He cautioned the board about discussing medical issues in a public meeting, as was done by Bentley in the Jan. 8 meeting.

“HIPAA views that very poorly,” Harrifeld said. “You don’t have to talk about the person’s name to be in violation of HIPAA. All you have to do is talk about the treatment or the diagnosis. You don’t have to attach a name to it, and that’s going to get you in trouble with HIPAA. So I caution you, don’t do that.”

He also said that anytime a diagnosis is done, it need to be done by a doctor.

Addressing the bills that Bentley questioned in January, Harrifeld said Antelope County is not the only jail in Nebraska, or the nation, that serves cake and ice cream in its jail. He said the sheriff is required to have a dietitian or nutritionist go over his menus every year.

“Meals have to be prepared with consideration for food flavor, texture, temperature, appearance and palatability,” Harrifeld said.

Not meeting these criteria may lead to lawsuits, he said.

“Don’t think it won’t happen,” Harrifeld said. “I work in a facility where we got sued because we offer chunky peanut butter, not creamy. That’s how ridiculous it can get.” Harrifeld said he has worked in jails “all over the country that serve cake.”

“It is on there simply because it fills a dietary requirement. It’s just a different way to do it,” Harrifeld said. “Ice cream is another way to fill that dietary requirement. Ice cream is going to stay in a freezer a lot longer than milk is going to stay on a shelf.”

He said some jails hire independent food contractors to make their meals for them.

“There’s your bonus — you’re getting jail staff that are actually cooking jail meals, instead of hiring somebody to come in and cook jail meals,” Harrifeld said. “In a sense, if we go back to the cake, you’re getting your cake and you’re eating it too.”

Talking about providing extra snacks through commissary was addressed as well.

“About 95 percent of Nebraska jails have commissary. Commissary serves two purposes. One of those purposes is they have a small markup...that profit goes into what they call an inmate welfare fund...It allows him to pay for things in the jail without it coming from his budget. In a sense, inmates in that jail are paying for things that are required by Jail Standards. It’s a smart way of doing business,” Harrifeld said.

He said the second purpose of acommissary is “behavior modification.”

“It’s not a given, not everybody gets it,” Harrifeld said. “You have to behave a certain way in order to have access to that stuff.”

On the topic of a basketball backboard, he said Jail Standards is another reason this is necessary.

“You can’t just have open space and call it recreation,” Harrifeld said. “You have to provide recreation. So, in that recreational area, you have to have equipment...so what Bob has chosen to do, and what we recommended he do, is add a basketball hoop.”

He said the sheriff and his staff “are running a great facility and I wouldn’t be here otherwise.”

“You guys have something to be proud of,” Harrifeld said. “There are counties that are envious...there are a lot of counties that would love to have this jail.”

Madison County Attorney Joe Smith took the podium next. He said officials in his county get audited every year.

“We have little issues, too. We address them and move on,” Smith said.

He also addressed the cost of meals to inmates in Madison County was much higher.

Klein said the cost for inmate meals in Antelope County are $3.75 per day, which includes breakfast, lunch and dinner. He said in Holt County, they spend $6.23 a day; Madison County is $2.40 per meal and Knox County spends $22 per day per inmate.

The commissioners entered executive session to discuss litigation on the Royal Bridge. Following executive session, the board approved claims but tabled one for Merit Mechanical for $4,767. County Assessor Kelly Mueller asked commissioners why they were not going to approve the bill.

Chairman Tom Borer said, “I’m going to send you a bill for 500 bucks because you open your mouth a lot.”

Mueller responded by saying, “That’s really rude, Tom. That’s what we’re talking about with the disrespect.”

After more discussion, Charlie Henery made the motion, seconded by Eli Jacob, to table the bill until next month after supporting documentation of services rendered is provided to the board.

​