New legislation would give the Governor or Attorney General the power to appoint an interim chief in high crime municipalities

December 28, 2024 – the Alabama Legislature will soon be back in session and one of the issues that they will have to confront is legislation to give the governor and attorney general the authority to appoint an interim police chief in any municipality where there is a threat to public safety.

House Bill 14 (HB14) is sponsored by Rep. Reed Ingram (R-Montgomery) and cosponsored by Rep. Cris Sells (R-Greenville). This was introduced on July 8, 2024.

This bill would authorize the Attorney General or Governor to appoint an interim police chief of certain municipal police departments and establishes the procedures and requirements for a municipality with an interim police chief.

HB14 would, "Authorize the Attorney General or Governor to appoint an interim police chief under certain conditions; and to provide pertinent procedures and requirements for certain municipalities.

"The Attorney General or Governor, in consultation with one another, may appoint an interim police chief to superintend any municipal police department if he or she determines that a particular and ongoing threat to public safety exists within a municipality.

Before the Governor or Attorney General could appoint the interim chief that would be required to do "All of the following:

(1) Reviewing relevant and pertinent federal, state, and local crime statistics.

(2) Determining that the number of law enforcement officers employed by the municipality's police department is 30 or more percent less than the average number of law enforcement officers employed by that police department for the preceding 10 years.

(3) Consulting with the district attorney of the circuit in which the municipality is located.

(4) Consulting with the sheriff of the county in which the municipality is located.

(5) Consulting with victims of crimes committed within the municipality."

"The interim police chief shall serve under the authority and at the pleasure of his or her appointing authority and shall not be subject to the authority of the mayor, city council, or other official of the municipality."

"The interim police chief shall serve until the Attorney General or Governor, in consultation with one another, determines that a particular and ongoing threat to public safety no longer exists within the municipality after satisfying all of the actions required," above.

"The interim police chief shall be paid a salary with funds from the operating account of his or her appointing authority. The salary shall be set at the discretion of the appointing authority."

"The appointing authority may petition the circuit court of the county in which the municipality is located for the recoupment of any costs incurred in enforcing this section, including the payment of the interim police chief's salary. If the court finds that the actions required in subsection (a) were satisfied at the time of the interim police chief's appointment, the court shall award the appointing authority all costs associated with the enforcement of this section."

"The interim police chief shall be considered an officer of the state for purposes of Section 36-1-12, Code of Alabama.

The interim police chief has to provide a semimonthly report of the current status of, and the remedial actions being taken by, the police department to the mayor and city council of the municipality.

The Governor or Attorney General may appoint the Sheriff of the county the interim chief and pay the sheriff additional compensation for the duties. That additional compensation would be limited to just $75,000 per year.

The municipality with an interim police chief would be required to "Continue to fund the police department in a manner and amount commensurate with the average of the five fiscal years immediately preceding the interim police chief's appointment. They would also required to, "Maintain and form any active or prospective agreement, duty, interest in property, or obligation necessary for the police department to, at a minimum, maintain a level of efficacy and operation commensurate with the average of the average of the five years immediately preceding the interim police chief's appointment. "

"A municipality that violates this subsection may not receive any funds, grants, or appropriations from the State of Alabama until the violation has ceased, as determined by the Attorney General or Governor, in consultation with one another."

"This act shall become effective immediately." – upon passage.

If this were to pass the Governor or Attorney General could appoint interim police chiefs in both Montgomery and Birmingham where crime has raged out of control since 2020. Birmingham just set a new all-time record for murders – even though the city is 40% smaller than it was 60 years ago.

The 2025 Alabama regular legislative session begins on February 4.

To connect with the author of this story, or to comment, email brandonmreporter@gmail.com