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Tim Duff: Seeking first term
BY ANNE ADAMS • STAFF WRITER
MONTEREY - He's confident Highland County is ready for a change in law enforcement. He's equally confident he's the man to provide it, but he's not interested in more than one or two terms.
Tim Duff, 46, is the next in a series of challengers over the last two decades to face incumbent sheriff Herbert R. Lightner for the post of top officer. Though his 20-year law enforcement background has been more federal than local, Duff believes his experience is more than enough to serve and protect citizens here.
Until his retirement, Duff was a Chief Warrant Officer 2 in the U.S. Coast Guard, one of the few federal arms of the military charged with duties attached to arresting and prosecuting criminals.
"The Coast Guard is different," he said. "We are not like the Navy, the Army, the Air Force, or the Marine Corps. We have full arrest authority upon U.S. citizens. The other services do not. So when you see stolen property, we wouldn't capture that on the boat and then turn it over to local authorities. We would prosecute that ourselves," he said. "Yes, it's the Coast Guard, but it was as a federal law enforcement officer, which a lot of folks don't realize."
Duff and his family moved to Highland nearly 10 years ago, after he left his government work. But after the tragedies of Sept. 11, 2001, Duff went back into service for two more years. "I made a phone call the morning of Sept. 11 - it was very hard to get through (to officials) - but I called Washington. I was fully retired then, and the Coast Guard has no provision to take retirees back in. It's never been done. There were 1,500 of us that called the first week after Sept. 11 and they took every one of us back in because of the technical expertise in our various fields."
Duff was offered what he described as a relatively lowkey post at Camp Lejeune with the Marine Corp training soldiers, but he wanted more. "Then they offered me the 7th district tactical law enforcement team and that is operational - you're doing some training but you're still performing the missions … I helped form it back in '82, back when Fidel (Castro, Cuban leader) released all his criminals and sent them to Miami. It is fully deployable."
It was during that time, based in Miami, that Duff said he started to hear from Highland residents about considering a run for county sheriff. "I received a few phone calls … folks called voicing their displeasure (with the sheriff's office), and my initial response was, please call 468-2210 and address the sheriff. I also gave them the number for Salem, state police, which is oversight for local troopers. Then I returned; people started coming by the house thanking me for what I had done overseas, welcome home, all the usual - and then it started. 'Would you please run?' And for six months, I said no. And again, I told them, contact the sheriff … It got to the point where I was getting 1- 2 people a day coming by, stopping me on the street, and they'd already contacted the sheriff and were still not satisfied," he said.
"Finally, I said yes. And the first person I spoke to was Mr. Lightner, on Dec. 17, 2005. We met in his vehicle and I laid everything out for him. He thanked me for coming forward and letting him know so early."
Duff said he and his wife, daughter and son found Highland County by accident one day when they were driving west on U.S. 250. "I was teaching at the federal academy in Yorktown, the Coast Guard law enforcement academy. We had a weekend off, we put the kids in the station wagon, we headed west … and when we came over Jack Mountain, and saw Monterey sitting down there. We just pulled over and said this can't be." Taken by the scenic beauty of the area, the Duffs found their farm in Mill Gap and moved. Duff says everyone in Highland County was welcoming, and residents have been so good to his family over the years, he feels serving as sheriff would be an appropriate way to give back to the community.
"Based on my last 24 years of evaluations from the federal, state and local level, I would say I do not possess any deficiencies that would preclude me from handling this office," he said. "I want things done right, and I want them done right the first time. I'm driven. And I am known for my attention to detail."
Campaigning
Duff said he wants voters to understand he has more than enough experience in law enforcement, including a brief stint here as DARE officer under Lightner, to serve as sheriff. He has been canvassing the county to introduce himself to voters, and put misunderstandings to rest.
One of the issues he said citizens are concerned about is the idea that if he were elected, Lightner would lose retirement money. He explains to them that under the Virginia retirement system, Highland County bought into an option that allows Lightner to begin collecting retirement after 25 years instead of 30 years.
"If your county has bought into this program … you retire after 25 years and get 50 percent; it also gives you a stipend per month - a rather substantial stipend - until retirement. Mr. Lightner already has his retirement. I have been told by many people that I am taking his pension. In fact, the only thing that will happen come Jan. 1 should I be elected is that Mr. Lightner will be leaving office after 28 and a half years of service to the county, which is commendable by any standard whether you agree or disagree with his policies or practices. Anybody that can do that for so long needs to be recognized. But what he's doing, he'd be leaving shy of his 50th birthday, so yes, Mr. Lightner will not be able to draw upon his pension for approximately 16 months, and then it kicks in - 50 percent of (his $62,000+ salary), and the stipend."
Another rumor Duff said he's heard is that if he were elected, he'd come down hard on bear hunters. "Apparently I am going to run the bear hunters out of Highland County," he laughed. "I called two bear hunters the other day and asked them, 'Would you please run your dogs on my land? The bears messed up my fences and the cattle are getting out.' I invited them - anytime you want prior to bear season, please come with your dogs and scare the bears back to West Virginia." Duff said a sheriff wouldn't have the authority to do such a thing. "I can't and I won't," he said.
Some citizens believe he'd be too hard as sheriff in general until they meet him and start asking questions about what he'd do in certain circumstances, he said. Being tough as nails, he said, isn't required.
"For me to come down that way, for one, the commonwealth's attorney will not support that … that is absolutely ludicrous. To do that would bottleneck the system to the degree that the state, the county, myself - we would not be able to operate." If he's elected, he said, "Discretion will not be pulled from the officers. They will have the discretionary authority to use common sense in the application of the law. Now having said that, when I come in at 7 o'clock - and I do this at every job I've had - I read the previous day's reports before the next shift comes on at 8." That way, he said, he could make sure deputies followed procedures. "Professionalism is free; you don't pay for it. You simply pursue it, and you get it. If you know what you're doing and you know how to act, you are a professional. That's what the county needs; they need dis- cipline, make it professional. Give me a week and you'll see a difference in the uniforms; you'll see a difference in how (deputies) carry themselves; you'll see a difference in their demeanor."
Duff said he's had to consistently defend his qualifications during this election. "You've got two issues here: Qualifications and certifications. I've held both for 24 years," he said. "I've already called the federal academy down in Charleston and I will be driving down there after Nov. 7 once results are in, and I will leave there recertified as a DUI instructor with federal papers. The commonwealth of Virginia recognizes this training. I am a graduate of the federal academy, the federal maritime law academy, which covers everything from maritime law, international law, theft, narcotics… the full gamut. But there's no requirement in the state code for the sheriff to be qualified for a patrol unit. None … Mr. Lightner has stated that he is currently qualified in all given arenas… I think that's great." But if he were elected, Duff said he would not be concerned about whether his certifications were identical to Lightner's.
"That's why you have appointees and employees. They will know their respective positions and they will know them very well. That frees me up to focus on the issues that the public has brought up - the drug issue, the speeding, the noise … I'll focus on that. I do not need to be a qualified 911 dispatcher. That is why I have five 911 dispatchers. It is certainly commendable that he has pursued this and I think it's great, but is it necessary? No. Is it within the state code that he must do this? Absolutely not."
One area where Duff said he would get recertified is as a firearms instructor, a certification he held for 19 years. "That could prevent me from having to send my patrol units over to the valley out of the county. Ammo is not an issue. We will be shooting more than once a year. You draw that weapon, you are contemplating the use of deadly force. That is the most severe act any officer can take. And yet (current deputies) only utilize that tool once a year for training. In my personal opinion, this is wholly inadequate … We will be shooting more often. I fully understand that we don't utilize that weapon often, and I'm thankful for that. I just want the officers to know if you do need it, it will work and you will be able to perform your duties."
He said he would also share his training in defense techniques. "Defensive tactics is something that I do, happen to enjoy. I don't like to yell, don't like to get into fights. I prefer to walk up to somebody, discuss issues, and if they do not cooperate I prefer to handle it low level. And that's where your defensive tactics come in. It's not what you see on TV … you get full cooperation, and you get no injury on the part of the officer or the assailant … right now I don't know the current level of defensive tactics training that these gentlemen have," he said.
Duff has routinely faced danger as a Coast Guard officer, but is reluctant to discuss those situations. "Comparing Highland County to Miami would appear to be self-serving … but if you've worked narcotics, or waterways, within the inner cities, you are under constant threat. I've had weapons pulled on me, yes. I have had to take weapons taken away that were pulled on me. I've been shot at. I don't want to downplay this either; this is very serious. When you raise your hand and take the oath of office, there are certain issues that come with that. You either acknowledge that and accept it or you should not be taking the oath of office," he said.
Department goals
If elected sheriff, Duff said there are a number of things he would do differently. He feels a higher level of professionalism would go a long way toward improving the department's relationship with citizens. "There's so much good going on in the county and then we have all this underlying drug issue, noise issue … This is nothing different from what I've been doing. Granted many of the tactics will have to be toned way, way back, more low-key type atmosphere, which I have no problem doing."
Give him three months, he said, and residents would begin to see a subtle change in Highland's sheriff's office. "It will phase in, and within a year, for the officers, it becomes old hat. It just takes some training; it takes some leadership. You can change anything. It will not be harsh; it will not be what some of the folks' misperceptions are."
Duff said he was approached by one citizen who was under the impression Duff would fire current deputies if he were elected. Not true, he said. Duff has not approached current deputies in the sheriff's office about his plans, he added.
"I'm intentionally maintaining a professional distance from them so as not to place them on edge … every employee currently employed will have the opportunity to work under my command provided that they can meet my written standard. It will be in writing. I will meet it because I'm the one writing it. If I can meet it, my deputies can meet it … it will be everything from a weight standard, which is certainly not the military standard. It will be a reasonable weight standard. It will be professional demeanor, how they will treat the public. It will be everything from promptness, checking in … if your shift starts at 8, I want you here at quarter to eight, in the office. So basically the standards are lax by many department standards and yet more stringent than the current.
"How they deal with the public is absolutely the most critical to me. They are deputies. They have been deputized for a reason. I cannot be at all corners of the county 24 hours of the day. Therefore the state allows me to have appointees. They will deal with situations as I would."
Duff said he would expect deputies to have initial reservations about his management style and policies. "Every office I've gotten into there was always resistance. But the end result, after a year or two, people look back and they either laugh at themselves or say, 'I can't believe we used to do it this way,'" he said.
"Under my goals, there will be a mandatory, personal follow-up on all patrol responses. If we get a call about a problem and a deputy is dispatched, expect (to hear from) me, or if I'm not available it could be my chief deputy, but more than likely it will be me, within 24-36 hours. There will be a supervisor coming to your residence or giving you a phone call (to find out): Was the problem solved, or at least, were you satisfied with the response? And yes, I'm also checking on the officer. I will be asking questions about demeanor, professionalism, competency."
He said he would also implement a rotation schedule for all personnel, especially dispatchers, to make it easier on them and their families, and reduce routine duty times. He, too, would work shifts, in addition to the office's administrative duties, though he doesn't like the term "working sheriff."
"I have never used that term. I have trained deputies from all over Virginia at the academy. I would never belittle any of their sheriffs by using that term. Every sheriff works. Granted, in a large 100- plus department, they are administrators. That is a job, a very difficult job. In a small county like this, you are an administrator and also often called upon to be both. That does not make you more or less than your counterparts."
Duff said he and his chief deputy would work a daily shift. "We will be there to fill in for the people we're sending off to training so as not to affect the entire shift rotation. We'd simply slide in … Will I be out and about on patrol? Yes, I will. Ultimately, any decision made by my deputies, I am the responsible party," he said.
The current six deputies and five dispatchers are adequate to man the county, he said. "We have roughly 500 square miles. The thought that I should be able to do this with one deputy - there was a date and time that I'm sure that was absolutely possible. But that date and time is not today and now. As far as dispatchers, in order to allow for the rotationary process, for in-service training, five is a comfortable number," he said.
Also, if he were sheriff, Duff would increase training. "Currently (deputies) are doing their mandatory 40 hours every two years over at the academy," he said. "That is deemed adequate by the state and I fully acknowledge that. I've been involved with Department of Criminal Justice Services here in Virginia for a number of years. I know how they base their 40 hours, but we can do better. I've already called the federal academy and various other agencies. They're willing to come here and do a road show. To them, it's fun. It gets them out of the office."
Duff explained he'd like deputies to be trained on methamphetamine labs and other situations they're likely to encounter, but not necessarily anything extraordinary. He would invite anyone from residents to specialized personnel like emergency services coordinators to attend. He said he could provide the extra training at no cost to the county by inviting instructors to stay at his home. "Some of these guys, they used to work for me and they retired, and the DEA picked them up. I call them, they get to work for the old boss again, and I put them up at my house. Or I'll go to the (Highland) Inn ... and I'll pay for it out of my pocket," he said. "I know we don't have a lot of major crime in Highland County, but I want the officers exposed to different levels of training … I prefer to see six officers fully qualified, fully competent, and fully confident in the basics. From there, we can branch off."
Like Lightner, Duff said he believes the current budget for the sheriff's office is adequate. He would, however, seek extra money for certain programs when he feels that's warranted. For nearly two years after he retired from the Coast Guard, Duff was assigned to a post in Washington, D.C., as a grant technical manager, where he oversaw some $3 million in grant money for game commissions - building boat ramps, educational programs for youth, and the like - and wrote federal law for boating safety that was passed down to each state for guidance.
"I've already checked into that … the Department of Homeland Security has money; the money has not dried up. You just need to know what avenue to pursue. You need to know what category … and you need to have some contacts, which I do," he said. "There are ways to do it."
What the state and county provide, he said, will be mostly enough. "I will be fully capable of working within those parameters," Duff said. "As a need comes up, I am very good at finding money. With my knowledge of the board of supervisors and the current state of affairs in the county, the county might be the last place I'd go to for funding. There are sufficient monies if you know where to look at the state or federal level."
New dispatching
service
Duff agrees with Lightner the new E-911 system is a vital part of the office's operations now and the county needed it. If elected, Duff said he would hold an open house once a year so taxpayers understand the system. "I want people (to see) that building, to see how it works, and where their money is going."
He also agrees a repeater tower in the western portion of the county is needed. "Mr. Lightner's brought it up (to county officials) and I'm in full agreement. We need more towers … this is a safety issue - an officer safety issue and also a public safety issue." He said the idea that officers or state troopers cannot contact dispatchers in certain areas is a big problem. "There needs to be something done and I'm fully willing to go Richmond … and make my point," he said.
Crime prevention,
prosecution
The level and types of crime in Highland, Duff said, are not major. "Drugs would be No. 1. That would be the umbrella. Under that you have breaking and entering, larcenies, and assaults. Alcohol is certainly a factor in many of these. Alcohol is generally readily available. The drugs - whether it be meth, coke, heroin or pot - that's what's driving them on to B&E," he said. "The assaults we've seen in the last few years, they are based on alcohol and drugs. This drug thing is an issue. It needs to be addressed. Amount-wise it may not be extraordinary, but it is here and it is known by the general population. If you know what you're looking at, you can see various activities on Main Street in the evenings; and I've been told this by numerous people I've spoken to."
Domestic violence is also still a large issue here, he said. "Do we have domestic abuse in the county? Yes, we do. We have pretty much every crime that they have in Richmond with the exception of murders, some of your sexual assault crimes, and we have (these at a) much, much, much reduced rate. It is here, though."
Other crimes he cites include excessive speeding and noise. "These are all relatively minor in nature, which is not to downplay what's currently going on … I suspect most of the people that have been affected (in Monterey) are sincere. I was present at one house when the incident occurred. There is a problem, and … I have no doubt that by Jan. 1, 2008, Mr. Lightner will take the action deemed appropriate in this situation," he said.
Community service
Duff put forth several ideas for community outreach and broadened services he'd implement if elected, including adding a game warden and stepping up educational programs.
"We don't have a game warden," he said, which is something he'd like to fix. "If there's not one here by Jan. 1, 2008, there will be a phone call made with a follow up letter to Richmond right to the colonel of the game commission, whom I know. We deserve to be treated the same as every other county. Yes, I'm fully aware that as a sworn officer, my deputies and myself, we can enforce game laws, but there are other issues in this county that need to be addressed by me and my people. I have no problem whatsoever supporting a conservation/law enforcement officer. I will fully support them, as I would the state police or any other agency. They're kicking out new recruits on a regular basis. We need one. We rate one. We deserve one."
Duff would also like to educate citizens through a regular report in The Recorder "highlighting current issues, not on the national level, but things that actually could or have been affecting local citizens - everything from business security to any of your frauds to child pornography. I have enough access to people and I've done enough of this that it will be something that people will want to read. Not to scare them, that is certainly counter-productive, but to (keep them informed)," he said.
Also he'd like to do more with kids, including broadening the program that creates identification cards for children with fingerprints. "It's fun, it's an event the parents seem to really enjoy in other communities. It's minimal cost, it's pennies … that will be started," he said.
Further, Duff said he would improve the department's Web site. "Currently the sheriff's office does not have a detailed Web site. I've gotten phone calls from other sheriffs and I've seen some of their sites and granted, a lot of people don't have computers and I fully understand that. But folks that want to move into our county … you get on the Web site for the chamber of commerce, and go to their links. I have one Web site in mind … it's just very low key, laid back, and yet it's very professionally done."
Also, he'd like to offer more community outreach programs, including one for businesses. "I do want to send one of the deputies off to be trained in business security," he said. "I realize we don't have a lot of problems in the county and that is great, but that doesn't mean you drop your guard. Business security is offered through Department of Justice Services and this does two things: It gets the (deputy) qualified. He or she can then go out and give mini seminars throughout the county. There's also a possibility (businesses') insurance premiums could drop if they've been trained and implemented with some of these recommendations."
Many communities nationwide offer what's called a "National Night Out Against Crime," something Duff also plans to do if elected.
And, he stresses, "There will be dedicated involvement in the school, whether that be DARE, whether that be class action (upper level kids), McGruff the Crime Dog - the kids seem to enjoy it and it does open up the dialogue between kids and the officers."
Duff was serving under Lightner as Highland's DARE officer in the schools until he resigned to rejoin the military after 9/11, but he plans to get recertified prior to Jan. 1 if he's elected, and pay for that training personally.
To get started, Duff said he'd invite DCJS staff to come to the deparment within 30 days of being in office if he's elected, and have the officials do a full-blown review of its administration, budget, and training schedule, something it doesn't usually do, "and certainly not by invitation," he said. "There will be a letter from me to them requesting this after election day. They are shocked, but they will do it. What I want them to do is give me a full printout of how things currently stand. Anything that we are sitting well with, either satisfactory or better … (and) Mr. Lightner will be getting 100 percent of the credit because I had nothing to do with it," he said.
If any deficiencies are found, he said, they would remain confidential and he'd have a "work list" of things to accomplish. "I already know what the deficiencies are going to be," he said, "and they are going to be major in one area." Duff declined to be specific about those, saying he didn't want to publicly mention anything that could put officers in danger. "We may be small, we may not have a lot of money, we may not have any major crime in the eyes of the commonwealth, but what we do, we'll do well," he said.
Duff says he's fully aware of Freedom of Information Act laws, as he had experience providing information in former positions. "Under FOIA, it would be rare that I'd ever exceed my five-day mandate (to fill a request for information)," he said. "The public does need to be aware, and most will understand, that for the officers' safety, for the complainant's safety, for the accused's safety, some things do need to be tightly held. If I'm working with another agency and that agent does not with to be named, OK, the public will understand that. But the … public wants to know what's going on, for their own safety."
The candidate said he would have no conflicts of interest if serving as sheriff; his wife is a special education teacher at Highland schools but Duff noted the sheriff's office makes no decisions about the schools.
"I do not discuss my job with anyone, nor does she, obviously, with hers," Duff said. "The confidentiality issue within the sheriff's office must be maintained to the highest degree. Information has, in the past come out - that's an officer safety issue, that's a professional issue, that's an overall enforcement issue. It's simply not tolerated. And it will not be tolerated here."
Duff said he would treat all citizens fairly under the law. "I would utilize my discretion and I will be able to fully articulate why I took the action that I did to anybody at any time. And I'll expect the same from my officers," he said.
Asked if he'd ever broken the law himself, Duff said, "Yes. I got a traffic summons 3-4 years ago in York County. I was hauling a gooseneck trailer with a tractor on it and looked in my rear view mirror and saw an 18-wheeler barreling down that wasn't going to stop so I pulled myself through a red light … The trooper pulled in behind me … she was brand new, doing her job, she just didn't witness what happened. So I paid my ticket," he said.
What's next? Duff plans to continue introducing himself to citizens up through election day. He's cut back on his farming operation some by selling off his Scottish Highland cattle. "We are paring down, but we've got the sugar camp for 4-5 weeks during the maple festival. Folks were sincere (in telling me), 'If you're going to do this job, do it, and do it well.' I can't be bothered with (other) distractions," he said.
"My intent is to be elected through 2012. I am not looking at running again," he added. "I would love to be able to show people, with the constraints of money, current personnel, the atmosphere, I would love to show the county … when (deputies) come to your home you should expect them to treat you this way and crime will at least level off." Duff said if he were elected, crime statistics might spike at first because he would expect crimes that are not reported now for whatever reason would begin to get reported under his leadership.
"In four years, I'd love to turn the keys over to whomever, whether it be a current deputy, whether it be someone else." He said he'd like to tell the next sheriff, "Here are the keys to the jail, please try to maintain some of the good that I've done and bring in your own ideas."
He said four years is plenty of time to implement changes he envisions, especially since the new E-911 center is up and going, and there is a solid staff in place. "So within four years, I will be able to make some very professional changes - not dramatic, but I'll be able to professionalize. And if no one else comes forward, if no one else is fully qualified, if there are issues, would I consider (one more term) … but I'm a firm believer in term limits.
"The big issue for me is narcotics … the drug issue. If I can't make a dent in it in four years, then you need to find somebody else. If you like what I'm doing … If you want me for another four years, that's fine, but after eight years, bring in a fresh set of eyes, fresh ideas … maintain the positives and if there are things that were not effective under my command, eliminate them and bring in something new … If you can't do your job in four, or certainly eight years, maybe you're not cut out for the position. You made a good effort but it's time for someone new."
Duff said he can do the job, but asked whether he can win, he said, "That's up to the people. If they are currently satisfied with their competence level, level of protection, their overall feelings toward Mr. Lightner, they need to reelect Mr. Lightner. If they are dissatisfied, or feel they deserve more, a vote in my direction might be more appropriate."
About the candidate
Age: 46. Lives in Mill Gap with his wife, Terry. Two children: Brianna, 19; and Sean, 17.
24 years in law enforcement at the federal and state levels. Served as a Highland County deputy under Sheriff Herb Lightner from 1999-2002. Served 20 years in the U.S. Coast Guard, including as liaison with local and state law enforcement agencies.
13 years of patrol experience in law enforcement, search and rescue, narcotics interdiction and stolen property; two years command experience for offshore fisheries enforcement, narcotics, and search and rescue; two years as a tactical team leader for Homeland Security, narcotics, and VIP protection. Five years as an instructor at a federal law enforcement academy teaching federal, state and county law enforcement officers, plus managing and instruction one of three divisions at the academy. Annually trained 300 Coast Guard boarding officers on boarding procedures, use of force, firearms, and boating under the influence enforcement. Also participated in joint operations with U.S. Customs, DEA, and other agencies in prosecuting cases of narcotics, assault, BUI, and fisheries violations.
Training includes basic boat handling and safety, maritime law enforcement, antiterrorism, small arms instruction, management, instructorship for the Institute of Police Technology and Management, drug abuse education, chemical irritants, on-scene incident command, advanced law enforcement instructional methodologies, fraudulent documents, VIP protective services.
Member of the Church of the Good Shepherd; former Cub Scout leader; member of Mill Gap Ruritan Club; Ruritan National, and currently serves on the Highland Historical Society board, Highland fair committee, and on the military honor guard in Highland. Also member of the Retired Officer's Association, International Association of Marine Investigators, Marine Patrol Association, DARE America, Virginia DARE Association, and an associate member of the National Association of State Boating Law Administrators,
Awards and commendations from the U.S. Secret Service, Virginia State Police, Virginia Department of Game and Inland Fisheries, the Henrico and Gloucester county sheriff's offices, and several others.
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