A passionate Barton County Sheriff Brian Bellendir stood before the County Commission Wednesday morning to vent his frustration with the 20th Judicial District Central Kansas Community Corrections’ policy he says allows those on probation to get unlimited “dirty” drug tests and not have their probation revoked.

“Evil will triumph when good men remain silent,” he said, adding he has taken it upon himself to lead this charge. “I’m no longer remaining silent.” 

With Barton County “awash” in drugs and the drug problem being the worst he’s seen in his 40-year law enforcement career, he called on commissioners to make a change.

“I believe the Board of County Commissioners are good people. I believe you have the best interest of our county at heart,” he said. “I believe you cannot remain silent. I believe you’re going to have to take action.”

By action, he wanted the commission to force policy changes or make leadership changes with the Community Corrections Department, the director of which is Amy Boxberger.

“Our county is the home district to the 20th Judicial District. Our County Commission, I believe, has the authority to hire, fire, discipline,” he said. “Do what you need to do. You have the authority over that department.”

The item was not on the agenda. It arose during the comment period at the end of the meeting and led to a nearly one-hour discussion.

There were comments from other law enforcement officers and members of the public in support of the sheriff’s stance. There was a large crowd and a large media presence in the commission’s Courthouse chambers.

A long-running issue

The sheriff said he has met with the commission in study sessions and has met multiple times with Boxberger over this issue in the past several weeks. These talks have gotten nowhere, he said.

“I think the biggest thing we want you to know is that we hear you,” said commission Chairman Shawn Hutchinson, District 3. Commissioners have spent a lot of time on the matter. 

“We’re still trying to figure out exactly what authority we do have as county commissioners over an entire judicial district,” he said. The district covers Barton, Ellsworth, Rice, Russell and Stafford counties.

“But we do recognize that when you people see an active commission, and a pro law enforcement commission, like ours, that they may ask for us to take action and abrupt action,” he said. “So we are considering all of these things.”

In the meantime, he said they are working with the district’s Policy Advisory Board. It has been expanded and is meeting more frequently, and this could be a way to bring about change.

However, “I understand you have made appointments to advisory boards. I understand that we have attempted to make this more active,” Bellendir said. “We don’t have that much time.”

First, the actions of the board are non-binding. Second, they move slowly.

“Are we going to wait for an innocent civilian to get shot and killed?” he said. “This is escalating in our community. We don’t have time for boards and meetings and planning and you need to take immediate action.”

Bellendir cited a recent head-on collision on the west edge of Great Bend caused by someone on community corrections (with a lengthy criminal record) and a recent incident where law enforcement officers were fired on by someone on community corrections. The alleged offenders were also found in possession of drugs.

Not that simple

County Counselor Patrick Hoffman said  county officials understand and agree there is a drug problem. But he said planning is the best thing to do.

“We didn’t get into the situation in this county overnight. We’re not going to solve it overnight,” he said.

And, he said, it may not be that simple. 

While Community Corrections is a county office, it’s funded through the Kansas Department of Corrections. Staff members may be bound by county employee rules, corrections policies are a state issue, he said.

The Advisory Board can make recommendations, but that is the extent of it, he said.

“I’m not in here demanding my way or the highway. I’m looking to compromise,” Bellendir said. “I’m looking to make this system work. I know I need Community Corrections but I’m looking for a compromise.”

The sheriff’s cause

“I ran for sheriff on the promise to the citizens of Barton County that I was going to be tough on the drug problem,” he said. Methamphetamine has given way to fentanyl, cocaine and black tar heroin. 

“I remain loyal to that promise under that oath I took in 2013,” he said. This policy of allowing unlimited failed urine analysis tests is a big problem for him. 

“Firstly, these people who are failing these UAs, let’s face it folks, they’re not buying the dope at Wal-mart,” he said. “They’re supporting my local drug dealers. By de facto, county government is allowing that.”

He said he has tried repeatedly to get numbers from CKCC regarding the number of failed tests to no avail. He has even filed a Kansas Open Records Act request, and was denied.

“All I’m asking is put a number on the number of failures you can have,” the sheriff said. “I realize this is an addiction problem. I realize these people need treatment. But there’s got to be some accountability.”

He fully supports treatment programs, such as the Oxford Houses in Great Bend. 

“But they do have a policy that you can fail as many UAs as you want, as long as you do not commit another crime, you show up for your meeting, and you admit that you were using heroin, methamphetamine, whatever you came up positive for,” he said. “At that point, you’re back out on the street.”

He said he’s tired of re-arresting folks on probation. 

“I would venture to say there’s not a soul in this room who has not seen the effects of methamphetamine,” he said. “So if these people are still using and out amongst the community, they have been turned loose on an unsuspecting public in the hopes that law enforcement will catch them,” he said. “We may. We may not. They may be on our radar. They may not.”