Jacksonville has asked a Pulaski County circuit judge to stay a ruling that temporarily removed the city's police chief from the position last month.
Judge Alice Gray removed Police Chief Geoffrey Herweg from the job on June 29, pending the outcome of a lawsuit that challenges Herweg's eligibility, under the Arkansas Constitution, to hold the chief's position. Gray declined City Attorney Robert Bamburg's request to immediately stay the ruling but said she would consider a written request.
Bamburg filed a written request Monday. The request says that "the operation of the [Police] Department is and has been thwarted by the Court's immediate removal of Herweg." It calls for Herweg to be reinstated while the city appeals Gray's ruling to the Arkansas Supreme Court.
"I think we need to get back to business," Jacksonville Mayor Gary Fletcher said Wednesday. "[Herweg] needs to get back to running the Police Department and doing his job. That's what I hired him for."
No response to the city's request had been filed Wednesday.
Fletcher hired Herweg in April. Jacksonville Alderman Tara Smith filed a lawsuit later that month that led to Herweg being temporarily removed from the position.
The suit says that the state constitution bans anyone convicted of an "infamous crime" from holding an "office of public trust." Arkansas courts have ruled that infamous crimes include crimes of deceit, fraud or false statement.
Herweg pleaded guilty in 2002 to filing a false police report in Williamson County, Texas. Court records show that he crashed a vehicle into a house on Christmas Eve in 2000 and lied about it to police. Herweg permanently surrendered his law enforcement credentials in Texas as part of his guilty plea.
Gray ruled last month that Herweg's misdemeanor conviction disqualifies him from being Jacksonville police chief. She also ruled that he cannot be paid his $81,000 salary, at least until the legality of his employment is settled at trial.
The city has argued that the law on "infamous crimes" applies to elected officials, not appointed officials such as Herweg.
Bamburg repeated that argument in the city's request to stay the ruling against Herweg.
"Though likely beating a dead horse," he wrote, "Defendants remind this court that application of the provisions of Arkansas Constitution Article 5, Section 9 has been limited to elected positions and has never been applied to an appointed position."
The city also argued in the request that the ruling had caused "irreparable harm" to Jacksonville residents, as "Herweg's continued service as Chief is critical to the continued protection and safety of the citizens of Jacksonville."
Smith's lawsuit claims the contrary. It states that Herweg's record of dishonesty "jeopardizes every investigation, arrest, and prosecution" involving the Police Department, "which in turn jeopardizes public safety."
Former state Rep. Nate Steel, who is among the attorneys representing Smith, said his client is prepared to fight any appeals filed in the case.
Fletcher, who is listed as a defendant in the lawsuit, hired Herweg after a national search that yielded 31 candidates from 14 states. Two applicants were Jacksonville police officers.
Last week, in Herweg's absence, Fletcher appointed Bamburg as interim director of the Police Department. He said Bamburg took over administrative duties, and police commanders maintained control of law enforcement operations.
Fletcher said he hopes Bamburg's new role at the Police Department is "very short-term."
Metro on 07/13/2017