Why Madison County sheriff not required to give report on Huntsville protests - AL.com

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More than six weeks since Madison County Sheriff Kevin Turner agreed to provide an after-action report on protests in Huntsville, no such briefing appears imminent.

And the sheriff is not required to give such a briefing.

As an elected official, the sheriff answers only to the voters and is not under the supervision of the Madison County Commission.

It’s a contrast to the situation facing Huntsville police chief Mark McMurray, beside whom Turner stood on the Madison County Courthouse steps during protests on June 1 and June 3 that ended with the release of tear gas and rubber bullets.

The sheriff’s department and the police department worked in a joint operation to largely provide the law enforcement presence at both protests, though state troopers were also present.

Related: Madison County sheriff says he will give report on protest response in Huntsville

McMurray, who was appointed to his position by Mayor Tommy Battle and confirmed by the city council, has twice presented to the city council about the protests and a police citizens advisory council is weeks into its review. The Huntsville police chief is considered to be one of more than two dozen department heads at city hall.

“He has not indicated when he was going to do that,” sheriff department spokesman Brent Patterson said of Turner’s report. “I know it’s something he’s looking at and he is conversing with his chief deputies to come up with a date and time on that.”

At the June 24 commission meeting, Commissioner JesHenry Malone asked if the sheriff’s department would provide the commission an after-action report. Turner, sitting in the audience, immediately stood and said he would.

Earlier this month, Malone said he had heard nothing from the sheriff about that report and that he needed to ask for an update. Malone did not respond to phone messages left by AL.com on Friday or Monday.

“I would expect him to give us a report of some sort, whether it’s written or in an oral format,” Malone told AL.com on Sept. 2. “But I would expect him to bring us something.”

In response to a question from AL.com last week about work ongoing to provide the report, Patterson said only that Turner had given no indication when he would make the report.

Madison County Commission Chair Dale Strong said Turner is welcome to provide a report on the protests. With or without the report, though, Strong said the commission supported the sheriff.

“As far as an after-action, that is his choice as sheriff,” Strong said. “He is accountable to the people. He is transparent. That decision is his and if he desires to do it, he can do that. I believe overwhelmingly the Madison County Commission believes that Kevin Turner is doing the job he was elected to do.”

The commission’s purview over the sheriff’s department is related strictly to funding. Strong said the sheriff’s department consumes more than half of the county’s annual general fund budget.

“It’s one of those things, he’s on a four-year contract,” said Strong, referring to the sheriff’s term in office. “I think he’s done a phenomenal job for Madison County. I think he’s done a better job of training of our sheriff’s deputies. I think he’s done a better job of seeking out and trying to get better funding for the deputies.”

One issue in the sheriff’s report will be Turner’s stance on the use of rubber bullets to help disperse the crowds. McMurray has said Huntsville police released tear gas but did not use rubber bullets. Several protesters, speaking in recent weeks during public comments at commission and council meetings, have complained about minor injuries sustained by being shot with the rubber bullets.

Strong said that while he welcomes a report from Turner if the sheriff decides to do one, some things should not necessarily be discussed publicly.

“I do know there were questions asked about the capabilities of the Madison County sheriff’s department,” Strong said. “I don’t think there is (any) reason for him to go into the capabilities that law enforcement has.”

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