Live Oak police chief measure passes final reading

Published 11:40 am Friday, March 14, 2014

“I served in the Marine Corp. and was in the presidential honor guard under Reagan and Bush. I have served my country. I understand about democracy and voting. But you can’t vote a vocation.” - LOPD Captain Joe Daly

It was a full house Tuesday night at the Live Oak City Council meeting for their regular monthly meeting, as the board held the final reading of Ordinance 1353 that could place the police chief position on a ballot to allow voters to decide if the position should be elected.
The second and final reading passed 3-2 with Councilors Keith Mixon and Jacob Grantham voting against. Ordinance 1353 will now go before the mayor for his signature of approval. Should he decide to veto the ordinance, the board would not have time to meet and get a 4-1 vote to override the veto before the May ballot deadline.
Council President Adam Prins began discussion by explaining to the board a small modification that was made to the ordinance since the first reading regarding when the police chief position, if elected, would take effect. 
The ordinance originally stated the newly elected police chief would begin his term in May of 2016. 
“It was discussed it would be the first city-wide election after it could be potentially approved by the electorate in this election if it goes to the ballot, which would be July of 2018,” Prins said. “It now reads the second Tuesday of July in 2018 is when the term would commence.”
Councilor Jacob Grantham asked the board for answers as to why an elected police chief and expressed his concerns. Grantham said he fears the city may lose experienced law enforcement officers if they’re forced to work under someone with no experience.
“With experienced sergeants and officers not wanting to work under an inexperienced chief of police with little to no background, with an elected police chief, the department may be losing valuable employees that know this city better than probably better than anybody in this room,” Grantham stated. “That means less experienced officers may be protecting our streets.”
Accountability was also Grantham’s concern.
“If the position becomes elected, the chief of police will only be accountable every four years. As it is now, he’s accountable daily,” he said. “Why would you want a police chief spending his valuable time trying to get re-elected instead of managing his department?”
Councilor John Yulee responded to Grantham by saying a police chief would spend his time trying to get re-elected rather than running the department was an assumption.
“How will this benefit the city of Live Oak and the people that live here?” Grantham asked.
Following a long pause, Prins asked Grantham who his questions were directed to, and Grantham responded, “Whoever is voting yes on this ordinance.” 
“You have qualified law enforcement with the skills and also with degrees to manage the police department as an elected position,” said Yulee. “This is not shutting down the city of Live Oak because you have an elected position. You will have a qualified law enforcement officer that will run for chief of police and do a good job.”
“Is that a fact?” Grantham asked Yulee.
“That’s a fact,” Yulee responded.
“How can you tell me that a qualified law enforcement officer will run for chief of police when there are no qualification restrictions for the election?” Grantham asked.
“I cannot tell you that,” Yulee said.
“So it’s not a fact,” Grantham said. “That’s an assumption.”
Prins added, “I think it’s a shame to assume that the same people who elected us are any less capable of selecting the candidate that’s best qualified, whoever they may be, to fill the position of police chief, should it become an elected position.”
“That’s why they hired us,” Grantham responded.
Prins said since it is changing the form of government, and since the chief of police has the authority to alter a person’s life, it should be placed on a ballot for the people to decide. 
“We’re changing something that would really change how the people are governed here, and that is the only reason I am in support of putting it on the ballot,” Prins said. “This department head is in charge of the people that interacts with the community everyday and has the ability…to exert authority over people and can alter someone’s life using their discretion at any given moment.”
Mixon asked why the fire chief position shouldn’t be considered for the ballot.
“Would not the chief in the fire department have the same issues?” Mixon asked. “Because he deals with life and death … ”
Mixon and Grantham also noted the fire chief can arrest citizens and can also carry a gun.
“When did the system break that we’ve got to go to an elected chief of police?” Mixon asked.
The board then voted 3-2 to pass Ordinance 1353. 
LOPD Captain Joe Daly addressed the board concerning the election of officials and the local department.
“We elect the president of the United States, but we don’t elect the secretary of defense, because that’s a vocation,” Daly said. “That’s why we don’t elect every individual person, because it’s a vocation. It’s a learned skill.”
He continued, “We elect the president and the senators, but we appoint the people that have to have a vocation. We can keep coming back to the people and ‘for the people’, and it sounds good, but a police chief needs to be qualified. I’m not qualified to be a police chief. I’m a captain of the Live Oak Police Department. The chief has a bigger job than I have.”
Daly said he has heard no complaints about the local department.
“I don’t understand where this is coming from, either. I have not had one person come to me and say, ‘We need a new police chief,’” Daly said. 
Daly said he has served this country and understands the meaning of democracy.
“I served in the Marine Corp. and was in the presidential honor guard under Reagan and Bush. I have served my country. I understand about democracy and voting. But you can’t vote a vocation,” he said.
 
Council/manager form of government
The council then voted 3-2 to put before the city residents a referendum to decide if they want to move to a city council/manager form of government or continue as is with a council/city administrator. Yulee and Thomas voted against. 
Following the vote, Grantham asked, “If the people need a voice for their chief of police, what’s the difference between this? If the people are competent enough to decide about a chief of police, shouldn’t they be competent enough, shouldn’t they have a voice on a city manager?”
The mayor has to sign the ordinance for it to be put on the May 6 ballot, or he can veto the ordinance.

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