With the 2012 passage of HB 325, then House Majority Leader ‘Pistol’ Pete Schwartzkopf, along with Delaware’s super-majority Democratic Party, laid the groundwork for the nation,s first Socialistic police state. Schwartzkopf introduced HB 325 weeks after Republican 39th District Representative Danny Short struck a similar bill he had introduced, after taking heat from Tea-Party Conservatives, Libertarians and Independents from the entire state.
HB 325 was a bill that simply went through Delaware’s Statutory law and removed the word ‘sheriff’ from any reference that included that the sheriff had powers of “conservator of the peace.” A simple enough task for ‘Pistol Pete’ Schwartzkopf but an unconstitutional move on his part as he well knew at the time that he drafted the bill.
Aritcle XV section 1 of the Delaware Constitution:
The Chancellor, Judges and Attorney General shall be conservators of the peace throughout the State; and the Sheriffs shall be conservators of the peace within the counties respectively in which they reside.
Now this would seem to be very exact and plain and simple English for most Americans and in every state in the union, except for Delaware, it means that Delaware Sheriffs have police powers in their counties. But in the newly formed Delaware English formed by Sussex County Councilman Vance Phillips, Rep. Danny Short and “Pistol Pete” Schwaretzkopf, it now means “Official Paper Pusher.”
One of the most disturbing pieces of legislation coming across the floor of the House is HB 147 that would in fact, remove control of Municipal and city police forces from the town and city administrators, and place that control in the hands of the state police and a tribunal of appointed police chiefs. Here is a synopsis of HB 147:
This bill updates the Delaware Code relating to Police Chief Due Process by providing that the hearing, which may be private or public, at the police chief’s request, is conducted by a panel of three persons appointed by the Delaware Police Chiefs’ Council, the Delaware League of Local Governments and the Delaware Criminal Justice Council. Furthermore, this bill authorizes the panel discretion to award attorney’s fees for a police chief in certain cases when there is a finding that just cause does not exist for dismissal, demotion or removal from office. This bill also allows the panel when just cause does not exist for dismissal, demotion or removal of a police chief to recommend other disciplinary action.
If a town hires a person as a ‘chief of police,” he or she is their employee, not the states employee. As everybody knows, employees are terminated for many reasons by their employer and not a panel of their peers. The towns have the sovereign right to hire and fire their chiefs of police as well as their police officers, unless of course, police chiefs and officers are special citizens that have far more rights than individual peons that live in Delaware.
If a town or city is continuously dissatisfied with the performance or demeanor of a police chief, (an employee) they should have the right to terminate his employment and not have to answer to a commission, set up by his peers. This has the appearance of the fox watching the hen-house and we have enough of that already in Delaware.
Sponsors on this bill are; Reps. Mitchell, Carson, Schwartzkopf, Atkins Jaques, Deeley Kowalko, Outten, Wilson
Senators, Bushweller, Ennis, Hocker, Lopez and PettyJohn
Recognize any re-appearing so-called republican names on this legislation. Remember at election time!!!