The Tri-County Journal
& Chattahoochee Chronicle
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Buena Vista, GA 31803
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to stop police department
Community Calendars |
By RICHARD HARRIS
(From the November 21, 2006 issue)
The Commission of the Unified Government recently voted (3-1) to appeal the court order to stop the establishment of the new Municipal Police Department, theoretically setting up a review from the Georgia Supreme Court, although that review is not a sure thing.
That’s because none of the three commissioners (Chairman Larry Dillard, Vice-Chairman Ben Miller, James Morton) who voted to appeal the ruling will still be in office come January 2, 2007. That’s when Commissioner Wade Coleman (who voted
against the appeal) and Sonny Smith (who was absent due to medical reasons and did not vote) will be joined by commissioners-elect Donald Moore, Gerald Douglas and Walt Rosso. While campaigning, Moore and Douglas openly opposed the police department, while Rosso said that once in office he would like to review the performance of the department.
So, unless the Supreme Court hears the appeal before the turn of the year, it may be a moot point, as the oncoming Commission could vote to withdraw the appeal. Also, regardless of whether or not the appeal is heard, or how the Supreme Court might rule, the new Commission could vote to do away with the police department anyway.
Prior to the election, Sheriff Glynn Cooper had sued the Commission, requesting additional funds for his office after his budget was drastically cut at the same time that funding was made for a new police department. Sheriff Cooper said the Commission was not providing him with enough funding for him to carry out his constitutionally required duties.
In a hearing on the lawsuit about 1-½ months ago, Judge Robert G. Johnston III had instructed the Commission to give the sheriff enough
In that same hearing, the judge also heard statements from the Commission’s attorney, as well as Attorney Hagler, who also represents a group of local residents who filed suit to stop the formation of the police department. They believe state law requires the Commission to hold a referendum on the subject. The Commission counter-argued that voters had recently voted for a charter that gave the local government the authority to establish a police department, so a separate vote was not required.
Judge Johnston at that time did not make a ruling on the case about the police department. He also said that he would like for the Georgia Supreme Court to look at the issue. However, after candidates opposed to the police department won by significant margins in the Nov. 7 election, he issued an order the very next day for the Commission to cease the formation of the police department.
Attorney Joseph Waldrep, who is representing the Commission in the lawsuits, was surprised that the judge would issue a legal order based on the outcome of an election, saying: “It is more of an expression of his personal feelings about the effects of an election rather than a legal ruling on any of the issues raised by the parties. Since when did the interpretation of political results become the basis for legal rulings?”
However, while Waldrep said he firmly believes that an appeal could be won, he also acknowledges the political reality that the newly elected commissioners are likely to not proceed with it.
Of course, it won’t be as simple as abiding by the judge’s order to stop the “formation” of the police department, as it has already been formed, with a chief, officers, vehicles and equipment.