Sussex residents rally to support sheriff

The issue was not on the agenda, yet the debate swirling around the powers of Sussex County Sheriff Jeff Christopher dominated the March 27 Sussex County Council 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 have no arrest powers.

Christopher contends his authority to make an arrest comes from the state constitution and a constitutional amendment would be required to make a change. Later in the day, the bill's cosponsors, Rep. Dan Short, R-Seaford, and Sen. Gary Simpson, R-Milford, said the bill would be tabled. Sussex County Council went on record in unanimous support of HB 290 at its March 20 meeting.

During the public participation segment at the end of the meeting, 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, including a row of municipal chiefs of police, attended the meeting.

Questions about sheriff's authority

County attorney Everett Moore read a letter from Sen. George Bunting, D-Bethany Beach, stating as Sussex's population continues to grow, it's inevitable that a larger sheriff's department or county police force would be needed in the future. But, he said, that's about a generation away. “The county is in a dilemma now that two attorney generals have given opinions that the Sheriff's Office does not have arrest powers. The county stands to be liable if the department makes an arrest,” he wrote.

“I respect the sheriff and his officers, but at what point, if told not to make arrests and yet they do so, do he and his officers become personally liable for their actions and at the consequence of the taxpayers?” Bunting asked.

One resident spoke against allowing the sheriff to have arrest powers. Margaret Reyes of Lewes said the sheriff has overstepped his bounds and should focus on serving court papers. She said any movement toward more police powers or a county police force would set the county up for potential liability issues. “I'm appalled that this would put Sussex County taxpayers on the hook for this kind of liability,” she said.

Sussex County Councilman Vance Phillips, R-Laurel, said the issue would ultimately be decided by the 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.

Speaking in support of sheriff

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."

Ed Funk of the Millsboro area said Christopher has no intentions of creating a county police force. “He doesn't want to take over the county; he wants to fill in for the state police,” he said. “This is all about power.”

“There is no case for HB 290; the sheriff has never made an arrest,” said Scott Witzke of Laurel. “I don't support an expanded department, but I do support increased education and certification for the deputies,” he said.

In addition, Witzke said, it's not the Sheriff's Office that has opened the county up to potential litigation. “Because of the risk factor, it's the county council that opened up the county to lawsuits,” Witzke said.

Representatives of the Libertarian, Constitutional and Independent parties in Delaware spoke out against the bill.

Wolfgang von Baumgart, chairman of the Delaware Independent Party, said the General Assembly can't alter the constitution without an amendment ratified by 75 percent of the members in two consecutive sessions. “The sheriff simply wants his constitutional power that was given to him historically and constitutionally,” he said. “Archives show that state sheriffs have had arrest powers.”

John Christensen, who works for the Delaware Department of Corrections, said he was outraged that the Sheriff's Office does not have the same arrest powers he has. “The deputies put their lives on the line just like I do,” he said.

A resident of Shawnee Acres near Milford said Christopher contacted him to help set up a neighborhood watch after a home invasion when no other agency would. William Christy, who is a recovery agent, said the chief officer he reports to in every other state is the sheriff. “We elected the best of the best, and I believe he can get the job done that he said he would get done,” Christy said.

Todd Mumford, a state probation and parole officer who has arrest powers, said the issues boils down to one point. “It's because county council fears he will start a county police force, and that's ridiculous,” he said.

He urged council to support the Sheriff's Office by allowing proper training for certification. “Make it right; that's what the people want,” Mumford said.

Sponsors change course and table 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.”