Sheriff candidate questionnaire — R. Daryl Fisher

by David Forbes May 6, 2018

Name: R. Daryl Fisher

Profession: I have 30+ years of law enforcement experience and almost 5 years (5 in July) of full time law enforcement training and curriculum teaching experience. The bulk of my law enforcement experience was with the Asheville Police Department where I worked my way through the ranks from Patrol Officer to achieving the rank of Captain. My current position is as the Law Enforcement Training Director at AB Tech.

In up to two words, describe your political affiliation: Progressive Democrat

In one brief sentence, describe yourself and why you’re running: My vision for the future of Buncombe County is “Justice for All” meaning the fair and equal treatment of ALL of the people of Buncombe County.

General questions

These questions are about problems, challenges or topics facing the sheriff’s office and how you will try to deal with them if elected.

1) Based on your experience, what is your assessment of the state of the Buncombe County Sheriff’s office?

Sheriff Van Duncan won election in 2006 and began repairing the reputation of the Sheriff’s Office. Even though Sheriff Duncan has repaired the reputation and implemented some good programs, there is room for improvement. Now, like in 2006, there is a need to improve public trust of law enforcement as a whole and public government too. The future depends on showing the community we serve the true character and integrity of our leaders. A great leader must model the way. This means exhibiting the behavior expected of those who work for our agency.

We can improve public trust through public engagement by implementing my value of needing a Sheriff’s ACE Team. ACE stands for Alliance for Community Engagement. I believe by engaging and involving our communities, we can develop better policies and develop programs that will enhance the safety of our communities. We will do this by marrying the successful community policing initiatives of the past with 21st Century Community Policing initiatives.

ACE will be comprised of five or six Community Resource Deputies (CRD). These deputies will be assigned a specific a geographic area of responsibility. The CRD will be responsible for developing community meetings, residential and business community watch programs (including crime prevention through environmental design), and citizen academies. These are successful initiatives of the past. The 21st Century initiatives will include but not be limited to Coffee or Lunch with a Deputy or the Sheriff, Drug Take Back Events to destroy any prescription or illicit drugs, Gun Buy Back or Turn In programs, Policy Development, and Citizen Advisory committees. I also want to expand on the slogan, “If you see something, say something.” I want to implement, “If you see something, or if you know something, please say something.”

2) What do you see as the most effective way to respond to the opioid epidemic?

We did not come to be in the current position of opioid abuse overnight and how we deal with the epidemic will take a concentrated long-term plan. In 2017, Governor Cooper signed into law the Strengthen Opioid Misuse Prevention (STOP) Act. This law was designed to combat the opioid epidemic in North Carolina. Some of the provisions of this law include:

· Prescribing certain opioids require personal consultation with the supervising physician.

· Hospice and palliative care providers shall provide information regarding the proper disposal of unused substances.

· Includes info on drop boxes or “drug take-back” events for safe disposal.

· This law also allows the distribution of naloxone (Narcan).

I recommend a 3 prong process for addressing the Opioid crisis in Buncombe County:

1. Prevention: Utilize families, public schools, and other community resources like non-profits and the Family Justice Center to educate our youth on the dangers of drug use. Implement programs such as LEAD (Law Enforcement Assisted Diversion, sometimes called Addiction Diversion) (Info @ http://www.addictionpolicy.org/single-post/2017/02/07/LEAD). This includes increasing the frequency of prescription drug disposals, and encouraging those who wish to seek treatment to turn over their drugs without fear of prosecution.

2. Treatment: Partner with treatment facilities, counselors, recovery groups, and support groups to assist those suffering from addiction get the help they need. This includes anyone in our Detention Center. When those suffering addiction seek treatment, maintenance through recovery groups is a must for success. Family members also need support groups for therapy. We should implement a program such as PAARI (Police Assisted Addiction and Recovery Initiative) (Info @ http://paariusa.org/) to assist. We will develop training for all staff to identify persons who may have challenges associated with addiction.

3. Enforcement: Vigorous investigation of those profiting from the sale of controlled substances and seek prosecution through our District Attorney’s Office.

3) Trans and non-binary people, especially trans and non-binary people of color, have traditionally faced discriminatory treatment from law enforcement around the country, including in the conduct of officers towards them, their treatment if arrested or jailed and in law enforcement failing to take attacks against them seriously. What ways will you work to change that?

The Buncombe County area has become one of the most diverse areas in the State. My vision as Sheriff of Buncombe County is “Justice for All.” When I say “All,” I truly mean ALL of the people of Buncombe County. We have got to treat all people fairly and equally regardless of race, ethnicity, sexual preference, or gender identification. In order to make sure we treat all people like people, we must bring the people of Buncombe County together to help us develop policies and procedures that best serve our communities. We can utilize community leaders to help us identify community partners to fulfill this philosophy.

It is time to change traditional thinking of law enforcement. Traditional thinking may well have led to the distrust of law enforcement by many in our communities. To bring the people together, we should go to the communities and not expect the communities to come to us. Community leaders can help locate a meeting location. This will help the people feel comfortable so they open up and provide candid communications and ideas for policy development. The first meeting or first couple of meetings can be simply getting together to conduct brainstorming sessions on what we all want to see happen.

Training is essential so every employee understands the vision of fair and equitable treatment of everyone we encounter, including the Detention Center. I want to work hard to increase the diversity of employees in the Sheriff’s Office. That diversity will include adding members of our LGBTQ, trans and non-binary communities. We should develop detention areas specifically for trans and non-binary arrestees so they feel safe. If someone believes they were treated unfairly, I encourage them to seek assistance from the Justice Resource Center at 60 Court Plaza, 15th Floor or call (828) 250-6401.

4) Buncombe County in particular has a serious domestic violence problem. What do you believe is the best approach to fighting this threat??

Buncombe County has become a true leader when it comes to working with and treating victims and survivors of Domestic Violence. The “Enough” movement has brought significant attention to Domestic Violence. The “Me Too” movement has brought significant attention to Sexual Harassment and Sexual Assault. It has been my experience that both Domestic Violence offenses and Sexual Assault offenses are among the most heinous crimes committed in our society. We really should include Sexual Assault offenses when we talk about Domestic Violence. Buncombe County has adopted the concept of and implemented the Family Justice Center. This has become a one stop shop for victims and survivors of Domestic Violence and Sexual Assault. Victims were giving up because the system was so daunting to navigate.

We have a great reactive force in Buncombe County when Domestic Violence or Sexual Assault occurs. But being reactive means responding after an incident occurs. I would like to see us develop more programs for prevention. What that will look like should include education programs we partner with the Family Justice Center and take into our schools, colleges, and communities. Preventing violence will take focused effort and dedicated people to make it work.

Another program I would like to see implemented is derived from the Focused Deterrence program. For those convicted of Domestic Violence and Sexual Assault and upon release from a detention facility or while on probation, bring these people in for a meeting and provide valuable information. The information provided will include that if these people re-offend, we will work with prosecutors to ensure the maximum penalties available will be enforced. Or if the people choose, they can take advantage of social services and treatment facilities and we will help them. Again, prevention is better than reacting.

5) Do you view violent right-wing extremists — such as Neo-Nazis, the “alt right” and the KKK — as a major problem? If so, how will you respond to that problem if elected?

In Law Enforcement, we thought these type groups related to domestic terrorism had either gone into hiding or were disbanding. Turns out the answer was they had become a secretive existence. We have seen these type groups become more visible in recent years. We know this because of incidents like the one in Charlottesville, VA. I view these domestic terrorism related groups as dangers to all of society because they spread hate and advocate violence. Law Enforcement have to walk a fine line because even these groups have the right to speak freely, protest and assemble…up to a point. Local laws and ordinances do provide law enforcement with guidance on allowable legal restrictions.

As Sheriff, I will do my legal best to restrict these type groups from spreading hate and advocating violence. It is my responsibility to keep the people of Buncombe County safe. I do not want to document specific actions so as not to provide groups with information so they could develop action plans.

Yes/No questions

These questions are about specific decisions or positions. The first word of each answer must be Yes or No. An explanation of one’s position — or an alternative proposal — may follow.

6) Will you refuse to cooperate or support any operations with Immigration and Customs Enforcement (ICE), including with resources, personnel or information?

Yes. My repeated and consistent message has been that being undocumented is not a crime in NC and that I as Sheriff will not inquire as to a person’s status. I have also repeatedly stated as Sheriff, I will not sign a 287G Agreement or any similar agreement with ICE. We have many families in Buncombe County who consist of both documented and undocumented household members. We should work with the undocumented members to see if how we can assist them in obtaining proper documentation in order to keep families together.

Much like all communities, there are some people living in these communities who choose to commit violent acts. I want the Hispanic and Latinx communities to trust the Sheriff’s Office enough to report these crimes so we can work them to arrest the people committing violent acts and make their communities safe.

7) Will you accept military surplus weapons and equipment, such as those offered through the federal 1033 program?

No. It has been my experience that any equipment offered as “surplus” is either very used, wore out or in need of expensive maintenance. Unfortunately in law enforcement, we do have the need for firearms (handguns and rifles), ballistic vests, and ballistic vehicles. The need for these type of items is strictly for the safety of the deputies and officers of our agency as well as the safety of the people we serve. We have to prepare for the worst and train for the best outcome possible. These tools and the training are essential for successful outcomes. The way we will acquire the essential tools and training will be through proper budgeting, use of grants, and use of drug forfeiture funds. As Sheriff, I will not participate in the federal 1033 program.

8) Do you support the proposals for increased oversight on local law enforcement endorsed by Buncombe County commissioners Al Whitesides, Jasmine Beach-Ferrara and Ellen Frost?

Yes. Throughout my careers, I have had oversight so I do not object to having it as Sheriff. I think what commissioners Al Whitesides, Jasmine Beach-Ferrara and Ellen Frost were trying to do was to bring all parties together to work on a viable plan and bring about a reasonable course of action. I do wish they had brought the Sheriff into the communications early. There are some statutory restrictions that will need to be taken into account. As all of us will be elected officials, I think it is in the best interest of our voting constituency to work together, oversee each other, and ensure Justice for All.

9) Racial disparities in traffic stops and searches are a major community concern. Do you support the policies proposed by the local NAACP to counter them, particularly de-emphasizing minor regulatory violations and requiring written approval for consent searches?

Yes. I do support policies addressing racial disparities especially de-emphasizing minor regulatory violations. This falls in line with my belief deputies should be empowered to exercise discretion. I want the deputies to use encounters where a minor crime is being committed or with a first-time offender as a teachable moment. If we can teach offenders the consequences of the illegal activity and prevent them from becoming involved in criminal activity, this is a win-win for all of society.

Many agencies nationwide have or will soon be adopting policies requiring written consent to search instead of allowing verbal consent. I understand the racial disparity of searches and have seen the statistics supporting that disparity. Having experienced successful investigations resulting from verbal consent, I am hesitant to 100% restrict verbal consent. As Sheriff, I must listen to the members of our community and conduct research to come to the best informed decision possible as it relates to verbal consent vs written consent. Relying on developing probable cause for a search may well negate the need for consent altogether. I do agree that written consent is best evidence and best practice. All this to say I could support a policy requiring written consent.

10) Will you commit to having a force of sheriff’s deputies that is at least 20 percent black and latino by the end of your first term in office?

Yes. I will not wait until the end of my first term to make a difference in diversity and inclusion. I want to start on Day One. I have a belief that we need to increase the diversity of the command staff and leadership of the Sheriff’s Office. I want to bring in people from our African American communities, our Hispanic and Latinx communities, and our LGBTQ communities to fill key leadership positions. It has been my experience that when people in our community see people who look like them in leadership roles, it builds trust. This will also help when it comes to recruiting employees. People who see people who like them in leadership roles want to come work for that organization. It is my goal as Sheriff for the employees to mirror the percentages of the people of our community.