The Tri-County Journal
& Chattahoochee Chronicle
PO Box 850, 71 Webb Lane
Buena Vista, GA 31803
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Manager orders controversial
police department shut down
Community Calendars |
By RICHARD HARRIS
The recently formed – and controversial -- Cusseta Municipal Police Department is closing its doors.
Elvin Hardy, manager of the Unified Government of Cusseta-Chattahoochee County, ordered the department shut down earlier this week and Police Chief Ken Suddeth resigned, effective Tuesday, Dec. 5.
The move comes roughly a month after Superior Court Judge Robert G. Johnston III ordered the Commission to stop the creation of the department, which was already up and running with a chief, officers, dispatchers, vehicles, weapons and other equipment.
Hardy gave the order to shut down the department despite the fact that the Commission had filed an appeal in Superior Court to preserve the department, and despite the fact that the Commission had not voted to scrap the department in any of its meetings.
“There was no order from the commissioners, but I’m the one responsible for overseeing the police department (the county manager is also the director of public safety) and it was time to put a stop to it,” said Hardy. “To continue it under the circumstances would be foolish.”
Hardy noted that due to the timing of the appeal being filed, it most likely would not have come up on the Georgia Supreme Court’s docket before the end of the year. By that time, due to the recent election, the Commission would have a majority of members who were opposed to the police department, so the appeal would likely have been withdrawn before it was heard.
Hardy said he felt the need to attempt to “operate within the spirit of the law,” and felt it wouldn’t be appropriate to spend any more money on the day-to-day operations of the department.
“It (closing down) was the responsible thing to do as a custodian of the taxpayers’ money,” said Hardy.
Now he plans to keep one officer, Sgt. Michael Miller, on staff to help with the final inventory and to tie up loose ends. A gun dealer has made an offer to purchase the department’s weapons at the same price they were originally bought for, and Hardy will attempt to recover as much money as possible from the other items.
Prior to the decision to close the department, eight positions had been filled (a chief, five officers, two dispatchers), but two of the officers had recently quit. One formally resigned, while the other just didn’t show up for work.
Background
Earlier this year, Sheriff Cooper sued the Commission, requesting additional funds for his office after his budget was drastically cut at the same time that funding was made for a new police department. Sheriff Cooper said the Commission was not providing him with enough funding for him to carry out his constitutionally required duties.
In a hearing on the lawsuit, Judge Johnston had instructed the Commission to give the sheriff enough money to “keep the store open,” but didn’t give a specific amount of money.
In that same hearing, the judge also heard statements from the Commission’s attorney, as well as Attorney Hagler, who also represents a group of local residents who filed suit to stop the formation of the police department. They believe state law requires the Commission to hold a referendum on the subject. The Commission counter-argued that voters had recently voted for a charter that gave the local government the authority to establish a police department, so a separate vote was not required.
Judge Johnston at that time did not make a ruling on the case about the police department. He also said that he would like for the Georgia Supreme Court to look at the issue.
However, after candidates opposed to the police department were elected to the Commission in the November General Election, the judge issued an order for the local government to not take any further steps to create a police department.
The Commission voted 3-to-1 to appeal the judge’s order, but all three “yes” votes were made by commissioners who will no longer be in office after this month.