A Jacksonville alderman filed suit against the city Wednesday over the mayor's decision to hire a man with a criminal record as police chief.
The suit, filed in Pulaski County Circuit Court by Alderman Tara Smith, states that Jacksonville Police Chief Geoffrey Herweg is ineligible for the position under the Arkansas Constitution. The constitution bans anyone convicted of an "infamous crime," which includes a crime of dishonesty, from holding an office of public trust, according to the suit.
Herweg, 53, pleaded guilty in 2002 to misdemeanor counts of filing a false police report and failure to report an accident in Williamson County, Texas. A court affidavit states that Herweg crashed into a house on Christmas Eve in 2000, abandoned his vehicle at the home and lied about the vehicle being stolen.
Herweg, who'd been employed by the Taylor Police Department in Texas for seven years, permanently surrendered his law enforcement credentials in the state as part of his guilty plea.
Herweg was sworn in as Jacksonville police chief April 14 after elected officials and police had expressed concern over Mayor Gary Fletcher's decision to hire him.
The lawsuit seeks an emergency temporary restraining order against Herweg to immediately remove him as head of the department, on grounds that his record of dishonesty "jeopardizes every investigation, arrest, and prosecution" involving the Police Department, "which in turn jeopardizes public safety."
The suit also seeks for taxpayers to be reimbursed any "illegal and improper" salary payments made to Herweg.
Along with Herweg and Fletcher, city clerk and treasurer Susan Davitt is listed as a defendant in the suit.
Herweg, speaking through a city spokesman, declined to comment Wednesday. He has declined multiple interview requests since being hired as police chief.
Fletcher said Wednesday afternoon that he hadn't reviewed the lawsuit. But he again defended his decision to hire Herweg.
Fletcher also repeated earlier statements that Smith, who has been the most outspoken critic of the hire, has opposed the decision for personal and political reasons.
"She needs to go read the Constitution," Fletcher said. "This is my hire, and she's overstepped her authority as an alderman."
Smith, who was elected to her first term as alderman in November 2014, said her opposition to the hire is not political. She said she is not seeking re-election this year.
"This is about our Jacksonville law enforcement officers," Smith said.
Little Rock law firm Steel, Wright Gray & Hutchinson filed the suit on Smith's behalf.
The firm's managing member is attorney and former state representative Nate Steel. He co-sponsored an amendment to the state constitution under which Herweg's eligibility for police chief is being challenged.
That amendment, Act 724 of 2013, modified Article 5, Section 9 of the state constitution, which bans any person convicted of an "infamous crime" from holding an office of public trust.
The amendment changed the definition of "infamous crime" to include "a misdemeanor offense in which the finder of fact was required to find, or the defendant to admit, an act of deceit, fraud or false statement."
The amendment also lists misdemeanor theft, abuse of office, tampering and felonies as so-called infamous crimes.
"I think the courts have spoken on this," Steel said. "They've removed and barred public servants under this prohibition."
Jacksonville City Attorney Robert Bamburg, speaking through a city spokesman, declined to comment Wednesday.
Fletcher chose Herweg as Jacksonville police chief after a national search that yielded 31 candidates from 14 states. Applicants included two criminal justice professors, a former U.S. Drug Enforcement Administration agent, military veterans and numerous lawmen in supervisory or executive positions.
Two Jacksonville police officers applied for the job.
Emails released under the Arkansas Freedom of Information Act show that Jacksonville officials on March 13 told Herweg he was a finalist for the position. Emails dated March 20 show that a background check had found court filings, a mug shot and other records related to Herweg's arrest in Texas.
Herweg had his final interview for the job two days later, according to the emails.
Fletcher said Herweg was honest about his misdemeanor convictions.
Herweg was selected over Chief Deputy Kenneth Scott of the Orleans Parish, La., sheriff's office. Both men have more than 20 years of experience in law enforcement.
Herweg replaced Kenny Boyd as head of the Jacksonville Police Department. Boyd spent the final two years of his 29-year career with the department as police chief. He retired April 1.
Smith said after Herweg was hired that she would try to overturn the decision through a special vote of city aldermen.
Steel said Wednesday that Smith changed her mind and decided to challenge the hire "as a citizen of Jacksonville."
"She wanted to pursue other options than playing politics," he said. "And I don't think this is politics. There's a good reason for this prohibition in the Arkansas Constitution."
Metro on 04/27/2017