Bill would let Alabama attorney general or governor appoint interim city police chiefs

Two Republican lawmakers from Montgomery are sponsoring a bill that would authorize the governor or state attorney general to appoint an interim police chief for cities under certain circumstances.

Rep. Reed Ingram said his bill comes in response to crime problems in several cities, including Birmingham, Selma, and Mobile, but particularly talked about the gun violence and shortage of police officers in Montgomery.

This week, Ingram and Barfoot pre-filed identical bills for next year’s legislative session, which starts in February.

“Instead of being reactive, I wanted to be proactive on something,” Ingram said. “Something we could work on and talk about instead of getting into session and hurry up and get through.”

The bill says the attorney general or governor, working in consultation, could appoint an interim police chief for a city if they determine there is an ongoing threat to public safety. Montgomery has been plagued by gun violence, including a triple homicide at a Hispanic grocery store on June 4. Montgomery police chief Darryl Albert resigned in April. The city is now operating with an acting police chief.

Rising numbers of Montgomery residents are showing up at city hall because of concerns about crime. At the most recent city council meeting earlier this month, Montgomery Mayor Steven Reed proposed a $6 million a year initiative to boost police pay and make other changes, saying public safety was the city’s top budget priority.

Ingram’s and Barfoot’s bill says that before appointing an interim police chief, the governor or attorney general would have to determine that the police force for the municipality has at least 30% fewer officers than the average for the preceding 10 years. The bill says the governor or attorney general would have to review crime statistics, and consult with the county district attorney and county sheriff.

The interim police chief would report to the governor or attorney general, whoever appointed them, and would not be under the control of the mayor or city council. The interim chief would serve until it was determined that the public safety threat was resolved.

Ingram said he did not know all the reasons that Montgomery has had difficulty hiring and keeping police officers, but said he believes poor morale and the work environment are factors. Ingram said Montgomery County Sheriff Derrick Cunningham has been able to hire and maintain a full staff. Ingram said that’s an example of how the right interim police chief could make a difference.

“He has got morale and got people wanting to come to work for him,” Ingram said. “He’s doing something right.”

“It all depends on the leader that’s in there,” Ingram said.

In a statement, Reed said he opposed the bill.

“I, along with other mayors as well as municipal organizations across Alabama, have issues with legislation like this,” Reed said. “At a time when we should all be working together, I would hope that Representative Ingram and Senator Barfoot would work with our entire local state legislative delegation to provide solutions as opposed to introducing local preemption bills that undermine municipal authority and interfere with a city’s right to govern itself.”

Reed has also said the Legislature hurt efforts to fight gun violence when lawmakers passed a bill ending the requirement for a permit to carry a handgun concealed or in a vehicle. The Alabama Sheriffs Association and others in law enforcement opposed the bill, saying it would take away an important crime-fighting tool.

The Alabama House Democratic Caucus has also come out against the Ingram’s and Barfoot’s bill.

“This is not necessary and sets a dangerous precedent for government overreach,” the caucus said in a statement reported by WSFA. “The citizens of Montgomery deserve to have their local law enforcement agency accountable to their elected officials, not to an outside entity.”

Ingram said he is not trying to undermine city authority but said the regularity of gun violence in the city has demanded the attention of the Legislature.

“It’s not fair for the state not to do anything to save a life,” Ingram said. “Period. And this is all about saving lives. It’s not about taking over.”