Rockingham County jail lost insurance over failure to report claims, not total inmate deaths, county commissioners say

ROCKINGHAM COUNTY, N.C. (WGHP) — The Rockingham County Board of Commissioners has released a new statement after the Rockingham County Detention Center lost its insurance coverage.

In their statement, county commissioners say that it was the failure to report incidents to Travelers Insurance that caused the jail to lose its insurance, not the number of inmate deaths. Commissioners say that “several incidents” were not reported to the insurance company.

According to the county commissioner, the “expected process” of notification involves either the sheriff or a designated staff member notifying the county manager, county attorney and the safety and risk manager. The safety and risk manager would then notify the insurance company.

The commissioners say they learned about some inmate deaths that took place at the detention center from news outlets and media releases, but they say that the discovery was still within a reasonable time to notify the insurance provider.

The statement included examples of incidents that were not reported in a timely manner, including “officers being suspended or terminated for activities that eventually resulted in criminal charges.”

Commissioners say that the county did not learn about those issues until several weeks after the initial issues were known within the sheriff’s department. However, they were informed shortly before the officers were arrested.

One instance included the insurance provider informing the county about an alleged sexual relationship between an employee of the Rockingham County Sheriff’s Office and an inmate outside of the jail during the investigation of a claim.

The commissioners emphasized that they do not have authority over the sheriff’s department or its employees and that the sheriff’s office is not obligated to inform the county of the reason it decides to discipline or terminate an employee.

The sheriff’s office does, however, have an obligation to inform the county of issues like the ones mentioned in their statement which cause the potential for liability in an effort to minimize the burden on Rockingham County taxpayers, according to the commissioners.

The county commissioners compared the sheriff’s obligation to the obligation of two people who are involved in a car crash to exchange insurance information.

Lastly, the board claims that Rockingham County Safety and Risk Manager Chris Elliott is “working diligently to minimize the impact on tax payers” and that Sheriff Sam Page “has been encouraged to adopt procedures to ensure claims are timely reported to county administration.”

Commissioners say that on May 20 they invited Page to a meeting “in the near future” to update them and the public on the procedural changes implemented to reduce the risk of future issues. That meeting will be placed on the agenda pending a date from Page.

You can read the full statement below:

“Recently Rockingham County received notification of the non-renewal of insurance related to the operations within the Sheriff’s Department. Travelers Insurance refused to be the provider for Law Enforcement Liability Coverage.

“Many news outlets incorrectly characterized the refusal to renew insurance coverage. The volume of claims impacts the rate charged, but is not the reason provided for dropping coverage. Travelers Insurance refused to renew coverage for Law Enforcement Liability Coverage because several incidents were not reported to the insurance company. The expected process for reporting incidents would be the sheriff, or his designated staff member, notifies the County Manager (Lance Metzler), County Attorney (Clyde Albright) and the Safety & Risk Manager (Chris Elliott). Mr. Elliott then notifies the insurance provider.

“While County Administration learned of some deaths from news outlets and media releases, the discovery by County Administration was within a reasonable amount of time to notify the insurance company. However, the failure to properly notify the insurance company in a timely manner in other instances is the issue. Examples of the untimely reported incidents include officers suspended or terminated for activities that eventually resulted in criminal charges. County Administration learned of incidents shortly before arrest, several weeks after the initial issue(s) were known within the Sheriff’s Department. insurance company also informed County Administration of a sexual relationship between an employee of the Sheriff and an inmate outside of the jail discovered during an investigation of a claim. The multiple issues resulted in the insurance provider deciding to drop coverage.

“As background, employees of the Sheriffs Department serve at the pleasure of the Sheriff. The Department handles employee discipline, hiring and termination. The County (i.e. you, the taxpayer) funds the Sheriff. County Administration does not have authority over any employee the Sheriff hires. When an employee is hired, promoted, demoted, or terminated, the Sheriff does not have to inform County Administration of the reason. However, if issues, such as the issues above, creates the potential for liability then, to minimize the burden on taxpayers, an obligation exists to notify County Administration.

“The obligation to notify is similar to the obligation between two parties in an automobile accident. Officers respond to the scene and communicate with all parties about the exchange of insurance information. The purpose of the exchange is for notification of the insurance company, and due to the possible payment of expenses and/or damages. Homeowners may also have some experience with the notification requirements of insurance companies. The provider will not cover when claims are not reported.

“Our goal is to clarify the reason provided for loss of insurance coverage and the coverage impacted. The desire is for procedures to be adopted to ensure claims are timely reported. Chris Elliott is working diligently to minimize the impact on taxpayers. The Sheriff has been encouraged to adopt procedures to ensure claims are timely reported to County Administration. We intend to update the public once additional information is known. On May 20, 2024, the Commissioners invited the Sheriff to a meeting in the near future to update the Commissioners and the public on the procedural changes implemented to reduce the likelihood of future occurrences. Once we have a date from the Sheriff, he will be placed on the agenda.”

Rockingham County Board of Commissioners

Sheriff Page pens letter to County Attorney Albright

On Monday, prior to the statement from county commissioners, Page shared a letter directed to County Attorney Clyde Albright.

Page claimed in the letter that the sheriff’s office never received direct communication from Travelers Insurance about reporting inmate deaths.

You can read the letter below:

“As your Sheriff, I am responsible for the operation of the local Rockingham County Jail and to provide for the care and safety of the inmates while they are housed in our facility and also to provide for the safety of my Detention Staff. There are times when I must ask for support from our Board of Commissioners primarily during the budget process to cover Jail operation funding and inmate safety issues.

“In 2020 I implemented the Jail’s first Covid Prevention Shot Clinic in conjunction with our Jail medical provider, Southern Health Partners, and Rockingham County Public Health. Between 2020 and 2022 there was no loss of life to our inmate population in our facility due to Covid.

“From 2021 and until 2024 there have been eleven non-suspicious deaths affecting our inmate population at the Rockingham County Jail. All cases investigated by the NC SBI and the NC Department of Health and Human Service Jail Inspectors Division.

“Since that time, I have implemented training for all staff in the areas of inmate mental health, medical and training and screening at the point of intake and booking. Training has been conducted for suicide awareness and prevention following consult with our inmate medical provider. Annually our Detention Staff receive twenty-five hours of mandated training by the State Jail Standards. Review of our staff supervision and current policies are reviewed regularly.

“To our Commissioners, inmate safety and wellbeing is and always will be a priority with our Detention Staff. In 2022 two Behavioral Health Clinicians were added to our Jail and supported by DayMark Recovery Services for mental health concerns.

“Since 2021 I have implemented new technologies for inmate intake screening and monitoring. I have added additional inmate pre-booking screening processes involving all arresting officers from all agencies in the county to reduce the chance of missing important concerns regarding care of our inmates. I have encouraged all agencies to be aware of inmate safety and medical and mental health concerns and to obtain medical clearance from our local hospitals before bringing their arrestees to our local Jail, thus saving tax dollars and saving lives and to communicate with our Jail Booking Staff upon arrival.

“Our Jail is inspected by the NCDHHS Jail inspectors twice a year and you receive a report of the findings. Upon receiving the inspection report we review the discrepancies and make the corrective actions. Sometimes there are associated costs and the County Manager is advised of same for funding consideration.

“Since 2022 I have met with our County Manager, Public Health and our Jail medical provider, Southern Health Partners, to consider inmate medical concerns dealing with substance use disorders due to the detox risks involving inmates that are addicted to Opioids and Fentanyl. I have asked to consider Medical Assisted Treatment inside our Jail but the cost to implement and lack of funding sources until our recent DPS Grant has been the biggest roadblock to that program. Currently we received a $473,000 grant to start the MAT Program in our Jail and during this budget process will be asking for an additional LPN to help support this program start up. This program will help to stabilize those inmates working with DayMark Recovery after departing our Jail. Statistically most persons addicted to opioids will overdose and possibly die shortly after leaving correctional facilities if no treatment is provided. We have to break the cycle of addiction and many times it is long term. I was reading an article recently that said that nearly 41-49% of inmates entering our jails have substance use disorders, something that we haven’t seen to this
level in the past few years. Fentanyl has not only created a crisis on our country but in our county and in our jails also.

“I was notified this May from our Rockingham County Risk Manager, Chris Elliott, regarding Travelers Insurance regarding a request for a new incident and inmate death notification process which I have agreed to. You need to note that this has been the only request that I have received that I am aware of from any insurance carrier in twenty-five years as your Sheriff.

“Recently there was a news article that was published where our insurance carrier had not been notified regarding inmate deaths by the Sheriff. That was totally inaccurate and following our existing notification process her is how and who are notified in the event of an inmate injury or death while in custody.

1. My Chief Deputy notifies the County Safety and Risk Manager and County Manager by phone.

2. On death cases, my Jail Administrator notifies the NCDHHS Jail Inspector immediately and follows up with a standardized inmate death jail reporting form. “Must be submitted within five days”. At the appropriate time the inmate’s next of kin is notified in person.

3. My Chief of Detectives notifies the NCSBI for an independent death investigation in
conjunction with the Medical Examiners Office.

4. I generally follow up with speaking to the County Manager as a liaison to our Board of Commissioners.

5. My Public Information Officer and I as Sheriff produce a news release so as to notify the
public of that information that can legally be released about the inmate death as a matter of public information and being transparent.

“Note: In the past 25 years there has never been a direct notification request made by our insurance carrier regarding inmate death notifications. We rely upon our Risk and Safety Officer Chris Elliott to be our liaison with the insurance carrier for all notifications. Under the most recent change in insurance carrier notification we have agreed will honor their new request.”

Sheriff Sam Page

Background

A recent lawsuit by the family of Kyle Kepley, who died by suicide at the facility in May 2022, includes accusations of neglect, which sent Travelers’ attorneys on a deep dive into the jail’s past cases. They found incident reports dating as far back as 2021 were not being submitted to Travelers.

According to an email from Elliott to Page, the detention center failed to notify the county of several incidents.

In all, the county filed reports for 11 deaths to Travelers Insurance dating back to 2021.

• Four inmate suicides recorded during 2021-2022
• Four other inmate deaths during 2023 and 2024
• Inmate death due to cardiac arrest in October 2023
• Inmate death due to medical issue in October 2023
• Inmate death due to medical issue in March 2023

These incidents took place prior to Colonel Grey Smith taking the helm.

Elliott states that when issues arise, the county manager, county attorney and risk manager should all be notified. The county attorney recommended the following protocol for any time employment practices or an incident resulting in injury to or death of an inmate could rise to legal action:

• Immediately notify the county manager and county attorney and risk manager;
• Make two notebooks containing:
  • A complete report of the inmate jail intake record and booking report including photos
  • Records of detention officer rounds
  • Records and reports of EMS calls
  • Videos from jail cameras

One of these notebooks must be sent to Travelers Insurance with the notice of the jail injury or death.

Travelers will continue to keep the county’s insurance for all other liability policies, as well as sheriff’s office vehicles. Deductibles for sheriff’s office vehicles, however, will increase from $1,000 per accident to $2,500 per accident.

The sheriff’s office has until July 1 to find new coverage for the jail.

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