Two Republican lawmakers from Montgomery who are sponsoring a bill that would allow the governor or attorney general to appoint interim police chiefs for cities say the goal is to put inspirational leaders in place to help hire and keep more cops on the job.
Rep. Reed Ingram said he believes Birmingham could benefit from the state intervention the bill would allow. Sen. Will Barfoot, who chairs the Alabama Senate Judiciary Committee, said he does not know enough about Birmingham’s circumstances to make a judgement but said the legislation would put a mechanism in place to help determine whether such a step is justified.
“This is not a target on Birmingham, or not necessarily even Montgomery,” Barfoot said. “But this does give the attorney general or the governor the ability to assist what’s going on in municipalities around the state as far as their law enforcement, let them make the appropriate decision as to whether they want to install an interim chief.
“Could Birmingham use that? Possibly. But again, I don’t know what the morale is, I don’t know what’s happening with the attrition rate with the police department up there. If this legislation passes, it would be up to the attorney general and the governor to look at those factors.”
Ingram said he believes stronger leadership is the key to recruiting and retaining police officers in Birmingham, Montgomery, and other cities.
“When you’re working for somebody, I don’t know that higher pay is the answer,” Ingram said. “I think (the answer is) working conditions and being able to back our police officers up and support law enforcement.
“When your heart is into serving, putting your life on the line, whether it’s law enforcement or military, if you don’t lead by an example, I just think that people can sense that.
“I think that the mayor of Birmingham is a good person. I think the mayor of Montgomery is a good person. But a lot of times, a good person doesn’t mean that they’re going to be set to lead in a lot of areas, in every area.”
Barfoot and Ingram have pre-filed their bill, SB3 and HB14, for the legislative session that starts in February. The bill says the attorney general or governor, in consultation with one another, may appoint an interim police chief for a city if they determine there is an ongoing threat to public safety.
The bill would require a finding that police staffing in the city is 30% or more below the average number for the preceding 10 years. It would require consultation with the district attorney, sheriff, and crime victims, as well as a review of relevant crime statistics.
The interim police chief would work under the authority of the attorney general or the governor that appointed them, not the mayor or city council. The interim police chief would continue in the job until the attorney general or governor, in consultation, determined that the threat to public safety no longer existed.
The Alabama League of Municipalities has concerns that the bill would erode the ability of cities to make the best decisions about their own citizens’ needs.
“Public safety is one of the most critical services municipalities provide,” League of Municipalities Executive Director Greg Cochran said. “The Alabama League of Municipalities and our membership believe that local government is the government closest to the people and therefore should retain authority in making decisions regarding personnel and department operations based on their communities’ unique needs and circumstances. Our organization has and will continue to collaborate with state leaders on a variety of issues, including public safety, and is always open to discussing ideas and resource opportunities that do not undermine local authority.”
Montgomery Mayor Steven Reed expressed similar concerns in a statement last month opposing the bill.
“I, along with other mayors as well as municipal organizations across Alabama, have issues with legislation like this,” Reed said. “At a time when we should all be working together, I would hope that Representative Ingram and Senator Barfoot would work with our entire local state legislative delegation to provide solutions as opposed to introducing local preemption bills that undermine municipal authority and interfere with a city’s right to govern itself.”
Rick Journey, communications director for Birmingham Mayor Randall Woodfin, said his office would not comment on the legislation.
Ingram said the goal is to improve public safety. He said cities should not view the state intervention as a takeover but as a resource.
“This is not about taking anything away,” Ingram said. “This is just giving them the opportunity to say, ‘Hey, I need your help state.’ And we need to make sure we keep these citizens in our town safe.”
Ingram said there is justification for state intervention because he said the state and counties, not cities, bear the bulk of the cost for prosecuting and incarcerating those who commit serious crimes.
Barfoot said the right leadership for police departments is especially important because of multiple factors that deter people from law enforcement careers.
“They’re villainized by the media, social media,” Barfoot said. “That accompanied with the fact that you’re going to do your job, you may not come home the next day. You may get sued or prosecuted for doing your job.”
Barfoot said those factors hurt morale in the ranks and make it more important to hire the right chief.
“Hopefully that legislation would allow the AG or the governor to put somebody in there who is law enforcement minded, who has the backing of the men and women that serve under them and would also be a champion for those that are employed by that police chief,” Barfoot said.
Barfoot said the goal of the legislation, if it passes and is applied to a municipality, would be to install strong leaders. He mentioned the example of General George S. Patton.
“That’s the goal,” Barfoot said. “Obviously, the Legislature doesn’t get to choose. The legislation allows the governor, the attorney general, those that are at the top of the executive branches, the governor and the top, chief law enforcement officer as the AG, they have the opportunity to put somebody in that role. But my guess is they would be looking at somebody who doesn’t have their hands tied politically who can inspire men and women who work under them, who has the confidence of the men and women under them.”
Ingram said the high level of turnover in the police chief position in Birmingham and in Montgomery is reason for concern. Barfoot made the same assertion about Montgomery.
In June, the vice president of the Fraternal Order of Police lodge that includes most Birmingham officers said the lodge was considering a vote on no-confidence in the department’s leadership, including Chief Scott Thurmond, who was appointed by Mayor Randall Woodfin in 2022. The FOP had issued a vote of no-confidence against the previous chief, Patrick Smith, in 2021. Also in June, Woodfin announced major changes to the police command staff.
In May, Birmingham City Council President Darrell O’Quinn called attention to a report showing that Birmingham had almost 300 unfilled police officer positions out of the 720 in the budget.
The story is similar in Montgomery. In May, the president of the local FOP raised concerns in a letter to the mayor and city council, saying that morale was low and that the police department was about 200 officers short of the needed number of 490.
Montgomery Mayor Reed disputed the FOP’s claim of low morale in the police department. Reed has proposed a plan to increase officer pay to address the shortage.
In June, Reed responded to a rising public outcry about crime in the city with a proposal to the city council for a $6 million community intervention program.
Also in June, Reed appointed law enforcement veteran Jim Graboys interim police chief to replace Darryl Albert, who resigned in April after he was suspended. Graboys was a senior compliance specialist with the Alabama Law Enforcement Agency, had served as police chief at Alabama State University from 2012 through 2019 and previously served in the Montgomery Police Department for 20 years. Reed named Lawrence Battiste, former police chief and executive director of public safety in Mobile, as special public safety advisor to the mayor.
Woodfin has called on citizens to do more to help Birmingham police solve violent crime, urging them to break a “code of silence” that protects perpetrators, particularly in cases where innocent children die.
On July 13, seven people died in Birmingham in two separate shooting incidents. A mother, her 5-year-old son, and her boyfriend were shot to near the entrance to Echo Highlands Park, which on the city’s east side. Two men and two women were killed and 10 others were injured in a drive-by mass shooting at a private party at a north Birmingham social club.
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