Residents pack council chambers to oppose sheriff's bill

House Bill 290, known as the sheriff's bill, was tabled March 28 by its sponsors, Rep. Dan Short, R-Seaford, and Sen. Gary Simpson, R-Milford. The bill was due to be placed on the House Administration Committee's agenda.

HB. 290, introduced last week, would clarify that Delaware’s three county sheriffs and their deputies do not have arrest authority. Sussex County Council endorsed the bill.

Short said he and Simpson had received numerous inquiries about the legislation over the past few days. “Because there is a great deal of misinformation circulating regarding this measure, we have decided it should not be heard in committee tomorrow [Wednesday],” Short said.

Short also said many of the cosponsors of the bill have discussed the possibility of making a formal request of the Delaware Supreme Court to determine whether the sheriffs and their deputies have the authority to arrest under any provision in the state constitution and also to rule on the constitutionality of any law regarding sheriffs' powers passed by the General Assembly.

“I respect Rep. Short’s decision to have HB 290 tabled. As we have seen in the past week, this legislation has stirred passions and prompted some very heated debate,” said County Council President Mike Vincent, R-Seaford. “However, we cannot lose focus of the central issue in this whole debate – that is, do sheriffs and their deputies have arrest authority in Delaware? We agree with the Attorney General’s opinion that they do not. However, Sussex County Council is committed to having this issue resolved once and for all, and if taking a step back on this legislation to seek further guidance is the most prudent way to go, then we will support that approach.”

Residents rally in support of sheriff

Even though it was not an agenda item, the debate swirling around the powers of Sussex County Jeff Christopher dominated the March 27 Sussex County Council meeting. During the public participation segment of the meeting, more than a dozen residents spoke in favor of the sheriff and against House Bill 290, which seeks to clarify that Delaware's three county sheriffs do not have arrest powers.

Sussex County Council went on record in unanimous support of HB 290 at its March 20 meeting. Christopher contends his authority to make an arrest comes from the state constitution, and a constitutional amendment would be required to make a change.

Georgetown resident Eric Bodenweiser literally got on his knees pleading with council to withdraw its support of the bill. “This bill is being fast-tracked,” he said.

He pointed to the assembled crowd in council chambers - most in support of Christopher and against the bill. “This isn't occupy anything. These people are the salt of the earth; these people are your constituents. Please, make peace today and take this bill off the record like it never happened,” he said.

Bodenweiser asked council to forgive him. “I'm sorry for my activism on this, but please kill this bill,” he said.

Many of those attending wore sheriff's badges with the phrase “America's Last Hope” written on them. About 100 people attended the meeting.

Sussex County Councilman Vance Phillips, R-Laurel, said the issue would ultimately be decided by Delaware Supreme Court. "What is meant by a conservator of the peace in the Delaware Constitution?" he asked. "There is not a clear definition of that."

He said county officials asked the court to rule. "But the issue is not ripe yet. I supported HB 290 because of the lack of clarity, and for no other reason; it will ripen the issue," Phillips said.

Don Ayotte of Georgetown, who is running for the District 3 county council seat, said the issue is already ripe. "The sheriff's deputies are performing dangerous tasks in hard economic times. They are arriving at people's doors without arrest powers, and people know it. There is no respect for the officers."

Margaret Reyes of Lewes, who spoke in favor of the bill, said the Sheriff's Office should stick to its mandated task of serving court papers. “The sheriff has overstepped the bounds and his authority,” Reyes said.