
BENTON – [VIDEO FOLLOWS REPORT] In new business at Friday’s Fiscal Court meeting, two issues prompted more lengthy discussions with opposing opinions. The first was the citizen appointment to the Emergency 911 board, a position that has been held for seven years by Martha Lewis.
The E911 board was found to not be in compliance with their own by-laws which has been taken care of with the voting in of Brian Cutsinger as the new chairman and appointing a new vice chairman.
Judge Kevin Neal said that the court’s responsibility is the citizen appointment to the board on the even years in January. Neal talked to Martha Lewis and informed her of another appointment that he plans to make.
“I explained to her that I was going to present another name for the citizen appointment”, Neal said. “She has served admirably for seven years but I feel that it’s important that we change positions.”
The E911 board requested that Lewis be reappointed to the citizen board member position. Neal said his appointment recommendation has dispatching and law enforcement experience which he expressed to Lewis saying, “she was fine with that.”
Neal’s recommendation was Jason Young who is a retired law enforcement officer that has lived in Marshall County for 18 years and Neal feels his experience he brings to the table will be beneficial to the board.
Commissioners Rick Cocke and Johnny Bowlin approved the appointment of Young while Commissioner Bob Gold voted no.
“I would like to say that as a citizen appointment, the citizen brings the citizens view, not a law enforcement view, not a dispatcher’s view”, Gold said. “Martha Lewis has done an exceptional job, has an exceptional educational background and really has the best in of Marshall County in everything she does.”
Neal agreed with Gold, but said the benefit of Young’s experience covers all three areas that will be a benefit to the board.
Sheriff’s Office Vehicle Report
Judge Neal questioned Sheriff Kevin Byars about Deputy William Stader’s vehicle that was hit by a deer and the following night was rammed by a four-wheeler, as tensions continue between the Judge and the Sheriff.

The Ford Crown Victoria is valued at $5,700 and repairs have been estimated at $5,000 from the damage from the deer. According to Sheriff Byars, the Kentucky Association of Counties (KACO) guidelines state that when the damages reach over 75% of the value of the vehicle the estimate stops there.
KACO said from just the deer damage alone, the car is totaled.
Neal said his concerns are about policies and what policies are they following to determine when a county vehicle is involved in a collision and is considered totaled, do they continue to put a deputy in that vehicle.
Byars responded by saying that the events occurred on consecutive nights and by looking at the vehicle it looked cosmetic and was still drivable at that point. The estimate could not be obtained until after the two incidents occurred to the vehicle.
“As soon as possible we get in to the person that fixes it to do the assessment and on his recommendation, if he says we total the vehicle, then we park the car and that’s what we did”, Byars said in response to the protocols they follow when these things occur.
Neal feels it puts an employee in a compromising position and our policies need to protect the employee, concerned that an already damaged vehicle was in another accident the following day.
The Sheriff’s Department has their own policies regarding their vehicles and do not follow the county policies.
Neal said another collision occurred on Saturday that involved Deputy Dan Melone, saying he found out by a citizen.
“I called you on Monday and asked you personally and you told me the deputy did have the collision and I asked if he was ok and you said he was”, Neal said. “Wednesday, not to my office, but to the Treasurer’s office, we get information that the deputy was hurt. I get a copy of the report and on the report it states the deputy complained of injury and was going to the hospital. We have a duty to make sure that our employees are taken care of.”
“I was there at the wreck and I asked that deputy “are you okay” and it wasn’t until the next day that he called in and said he was hurt”, Byars said. “He did not disclose to me, because if he would have disclosed to me that, then different actions would have been taken.”
Neal’s point was on policies and how they protect and comply with standards that have to be met and his advice to Byars was to adopt the counties policy and said that information needs to be accurate saying, “my conversation with you was not accurate.”
“In other words you’re saying I’m lying to you, didn’t tell you the truth”, Byars said.
“Based off of your facts, you didn’t give me the correct information”, Neal said.
“He took the day off the next day because he was sore”, Byars said. “Now whether he went to a doctor I don’t know, he didn’t disclose that.”
Neal said it was in the report which Byars said was prepared by the Chief Deputy.
Byars said he is trying to adhere to the Judge’s wishes and requests and at every turn, seems to get it slammed back into his face.
In getting back to the vehicle in question, options were discussed as were options discussed concerning Deputy Melone’s vehicle that was involved in the recent single-vehicle collision.
Byars said they are awaiting estimates and waiting for information from KACO.
More on this and all Fiscal Court proceedings can be viewed in the video below.
The next meeting of the Fiscal Court is scheduled for Monday, February 1, 2016 at 9:30 am.