Smithson spoke to the trust at a special meeting held at 9 a.m. Authority members went into an executive session immediately after to discuss hiring a jail administrator and to discuss possible disciplinary actions against jail employees.
Because the authority members were in executive session they were unavailable for comment at press time.
Smithson told the five-member authority that Attorney General Drew Edmondson's office will be looking into several areas involving the authority.
Smithson said county voters approved a half-cent sales tax to build and maintain the jail.
One-third of the half cent is a permanent tax and will be used to operate and maintain the jail, while two-thirds of the half-cent tax was to build the jail. The two-thirds portion of the tax will cease when the jail is paid for.
Sheriff Johnny Philpot has argued in the past that voters approved the construction of a new jail and were under the impression when they voted that the sheriff would operate the jail as he has in the past.
Instead, the authority set up a trust to operate the jail. The county commissioners, who hold three seats on the authority, argue that the authority asked Philpot repeatedly to submit a tentative budget for the jail, which he never did. The authority subsequently established a trust to operate the jail, with the three commissioners voting for the organization of the trust and Philpot and Joe Peters of Sallisaw, both of whom also serve on the authority, objecting to the trust.
"I got involved in this," Smithson said, "because so many people have talked to me about the jail. The county is split. Half the people think the sheriff should run the jail and half think the authority should run the jail.
"I have asked the attorney general for a legal opinion on who should run the jail," Smithson said.
Smithson said he visited with Interim Jail Administrator Debbie Cato last week about allegations that one bondsman in Sallisaw was being favored over four other bondsmen.
"I checked the records last week," Smithson said. "I found that this bondsman, whose name I will not use because he is a friend of mine, wrote about 35 percent of the bonds at the old jail. His bonds have increased to 55 percent in the new jail."
Smithson said he discussed the allegation of favoritism towards the one bondsman with Cato, who said she knew nothing about the allegation.
"I told her she should look at things more closely, like blank bonds being brought into the jail," Smithson told the authority. "The bondsmen are not allowed to do that. And there are several other things that need to be looked at.
"I suggested she call the staff in and tell them that," Smithson said.
Cato said she had done that.
Smithson said after the meeting that he plans to review bondsmen's records in a month to see if all bondsmen are given an equal chance to write bonds.
Smithson said he was told the authority may have improperly used the sales tax jail money for remodeling portions of the courthouse rather than for jail construction.
"There have been some accusations that some of the funding for the jail went into remodeling the courthouse," Smithson said.
Construction and remodeling in the courthouse included reinforcing a wall to which the new jail connected for stability; enclosing a hallway on the east side of the court clerk's office for safety because inmates were to be escorted along that hallway to judge's chambers and courtrooms; and partially completing a room which was later designated as a new courtroom.
County judges asked that the room be made into a new courtroom, and told authority members that during court sessions the two courtrooms in the courthouse were often not enough.
The room, which is on the second floor between the jail and courthouse, would be completed and furnished through state court funds, the judges said.
Smithson said he has asked the attorney general to also investigate the assigning of the room to purposes other than those which are jail-related.
"They shouldn't be assigning offices," Smithson said. "They shouldn't be making offices into courtrooms which were supposed to be part of the jail, for which residents voted."
Smithson said he was informed by the attorney general's office that an investigation will at his request.
"I sent them the ballot and about 50 pages of documentation," Smithson said.
Smithson told authority members, "I just want to clear up a few things because I have heard so many statements and rumors.
"Whatever the attorney general's decision is, is fine with me," Smithson said. "My objective is to get this (controversy) behind us and move on. We are all elected officials and we need to be doing what the people elected us to do.
"I want to get an opinion from the attorney general and make this jail work," Smithson said.
Smithson said after the meeting that only legislators and district attorneys can ask the attorney general's office for an investigation.
Smithson he did not know when the investigation would begin or be completed. "Maybe it will be completed after the first of the year," he said.
