East Central Reporter

The Shelby County Dive Team is currently under scrutiny due to the refusal of Dive Commander Austin Prichard to provide a roster of its members, as requested by forensic auditors. This has led to two separate FOIA denials being reviewed by the Attorney General PAC office.

Despite obtaining rosters for 2021 and 2022 through a FOIA request in June 2023, current records remain undisclosed. The lack of cooperation has raised questions about transparency, especially since physical fitness tests required for team members previously provided an indirect way to verify membership.

Public Safety Committee Chairman Tad Mayhall was also asked to supply the roster but instead questioned the necessity of the request. Failure to provide this information could result in further findings against the county during audits, potentially increasing future audit costs due to perceived non-cooperation.

A related issue involves workers' compensation coverage for dive team members. Legal advice suggests that consulting with employment counsel might clarify insurance matters linked to roster documentation. A referenced case law involving volunteer firefighters highlights that listing on a roster can impact workers' compensation eligibility.

"The claimant, Kenneth Scott, was regularly employed as district manager for an insurance company with earnings between $6,000 and $7,000 per year. He was also a volunteer fireman listed on the village roster," notes one court ruling cited in discussions around this matter.

While not legal experts themselves, observers point out that key elements from court rulings could help resolve questions regarding employment status under workers' compensation laws.

The court's opinion emphasizes several factors in determining employment relationships: "The courts have repeatedly held that there is no single fact that controls the existence or nonexistence of an employment relationship... But many factors... must be considered."

For Shelby County, providing a current dive team roster appears crucial both for audit purposes and ensuring appropriate insurance coverage. Without it, verifying financial expenditures tied to legitimate team members remains challenging.