Sheriff Richard Mack Responds to Arizona Family’s News Webzine Regarding An Alabama Sheriff’s Independence To Decide Deputy Qualifications Without Bureaucratic Interference
As determined in the Supreme Court decision of Mack/Printz v. USA, a Sheriff is the Chief Law Enforcement Officer of a county, primarily answering to the People who elected the Sheriff to office.
To Whom It May Concern:
I read with particular interest an article in AZ Family, an article about an issue in Alabama, yes that’s right, this is not a typo. Regardless, there are plenty of mistaken notions in this Arizona article about an Alabama Sheriff and a former police officer from Gilbert, AZ. The problem is that AZ POST does not run Alabama Sheriffs and neither does Alabama’s bureaucracy in charge of establishing Standards and Training for Alabama Peace Officers. They are, as indicated by its name, “Standards,” not laws and is not a law enforcement agency in and of itself. Alabama Peace Officers Standards & Training does not run the Walker County Sheriff’s office, that is up to the Sheriff who was appointed (elected) by, for, and of the people of Walker County. Our governments at all levels have assumed far too much power that actually and literally belongs to the people. The sheriffs within our Constitutional Republic answer only to the People and they are his only boss and supervisor.
Yes, Sheriff Nick Smith hired a former officer from my hometown of Gilbert, Andrew Neves. His Peace Officer certification was suspended for one year. That year has expired. Sheriff Smith gave him a second chance. Yes, sometimes everyone deserves a second chance. Neves was a decent officer in AZ and he has done an admirable job in AL. Now the AL POST wants to charge Sheriff Smith criminally? How absolutely absurd! The only thing Smith perhaps did wrong, is not discussing Neves’ new job in Walker County with AL POST. But AL POST should have done the same thing with Sheriff Smith, not attempt to arrest him! (They both appear to be guilty of the same thing.)
Neves was never charged with a single crime. He has been doing a good job. So, what should happen to remedy this situation? Arrest the Sheriff? No, fix it between the Sheriff and AL POST. APOSTC should sit down with Sheriff Smith and work out a way to give Officer Neves a second chance and respect Sheriff Smith’s position as the CLEO (Chief Law Enforcement Officer) of Walker County. The sheriffs of America were called the CLEO’s in the Printz v US case as ruled by the U S Supreme Court on June 27, 1997.
This entire matter should be handled diplomatically with honest and open transparency. Sheriff Smith should be shown a little more respect not arrested for some bureaucratic policy.
By Sheriff Richard Mack (RET)
Former Sheriff of Graham County, AZ
Founder of CSPOA (Constitutional Sheriffs & Peace Officers Assoc.)
NOTE: Sheriff Mack was the first sheriff in American history to sue the federal gov’t, take it all the way to SCOTUS and win a landmark case that protected the office of Sheriff from the overreach of government. Mack was the primary litigant in the Printz v US case. (No. 95-1478 & 95-1503) Justice Antonin Scalia]
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