Proposal that Sheriff Hire, Train, and Provide School Officers to Gadsden Seems Dead

The County Commission approved putting officers in Gadsden schools; but was that action lawful, effective, and in county citizens’ interests?

GISD Superintendent Travis Dempsey initially proposed using sheriff’s deputies. He said GISD would pay their salaries.

But Gadsden would not pay for the necessary training to turn deputies into school resource officers or cover increases in the county’s higher insurance premiums. The additional officers would also incur benefits, add to Sheriff Kim Stewart’s administrative costs, and leave us liable for big bucks in potential liability. Say for example, that an SRO – not allowed to lay hands on the kids --- got overpowered by three football players, and lost possession of his gun, then used it.

When I talked to Dempsey in April, he seemed to soften on some of those points; but I’m told the final Memorandum of Understanding recently approved 4-1 by the Commission contained no provisions dealing with those expenses, benefits, or “soft” administrative costs.

At the vote, Commissioner Shannon Reynolds objected that a vote would be improper because Section 5-3C of the County Codes says, “No matter shall be placed on the agenda for approval . . . unless the County Manager has first determined that it has been reviewed by the appropriate departments, personnel or entities, and is appropriately prepared for Board consideration.” Sheriff Stewart neither attended the meeting, signed the contract, nor approved the deal, and was known to oppose it.

Technically, the code doesn’t say the appropriate department must approve the proposal. However: (a) if the department head says the proposal is crazy, a board might have second thoughts; and (b) since the Sheriff is an independent elected official, with operational responsibility for her department, the Commission lacks legal authority to force her into this.

Nevertheless, Dempsey has reportedly pushed for Stewart’s compliance. I can understand why a school administrator would rather have the County taxpayers foot the bill and take on the liability, and for someone else to work out the practical details, and perhaps share the blame if something goes wrong. Hell, yeah!

Fernando Macias doesn’t like being disagreed with by other county officials. Whether he deeply believes we should have armed officers in schools, and the rest of the county should bear some of the Gadsden expense, or whether this fits conveniently into the long-running battle between County Manager and County Sheriff, I can’t say. Perhaps both?

There’s also reasonable doubt that armed officers in schools are a positive step. Whichever side you’re on, imagine being ordered (by folks in no position to do so) to participate in what you thought was counter-productive, and might even get children harmed unnecessarily.

Dempsey didn’t return my recent phone calls seeking comment, so we don’t know whether he plans to continue urging Stewart to change her mind – or perhaps is arranging for Gadsden to handle Gadsden’s school resource officers. County Attorney Nelson Goodin has told both the Commission and me that he sees no legal mechanism through which the Commission could compel Stewart to join the contract. I fully agree. The County decides her overall budget, but she has complete discretion on how to allot funds among law-enforcement purposes from the total she has available. Nor do I think Gadsden has any basis for suit.

Given the costs and questions, why did other county officials push this so hard, knowing that the critical party, the Sheriff, was consistently saying, “No, Thank you!”

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[The above column appeared this morning, Sunday, 23 July, in the Las Cruces Sun-News and on the newspaper's website. as well as on the KRWG website. A related radio commentary will air during the week both on KTAL-LP (101.5 FM / http://www.lccommunityradio.org/) and on KRWG Radio. ]

 [By the way, I first wrote on this issue Sunday, 21 April (Should County Put Armed Officers in Gadsden Schools? )  It seems odd that the County Commission went all the way to a vote on this without Sheriff Stewart's buy-in, but maybe the commissioners felt strongly about it.)]