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'SEE YOU IN COURT'

“I’m done with you guys,” Hessmer Police Chief Kenneth Smith tells the Village Council on April 1 during discussion on proposed ordinances to cut the police budget and to authorize making the police chief position an appointive post. "I'll see you in court," Smith threatened as he stormed out of the meeting. The council approved both measures and is expected to put a proposition on the Nov. 16 ballot to let voters decide whether to keep an elected police chief or change to an appointed one. {Photo by Raymond L. Daye}

Hessmer meeting focuses on elected or appointed police chief

‘Travis & Kenneth show’ plays to full house at April 1 meeting

It has been a long time, if ever, since a Hessmer Village Council meeting attracted the crowd that came out for a public hearing on April 1.

The hearing could have been billed as the “Travis & Kenneth Show,” in honor of Mayor Travis Franks and Police Chief Kenneth Smith, who were the “stars” of the night.

The three Hessmer aldermen had only supporting roles until the last act, when they took center stage to cast their votes.

By unanimous 3-0 votes, the council approved cutting the Police Department budget and adopted an ordinance authorizing the position of police chief to become an appointed office.

The council will vote next month to put the proposition on the Nov. 16 ballot to let voters decide whether they want to retain an elected chief or change to one appointed by the mayor with council approval.

‘SAVE OUR VOICE’

Most of those in attendance were there to voice opposition to making the police chief an appointed position. The most often repeated comments was a desire to “save our voice” and to “protect our right to vote.”

In a brief public hearing on the two proposed ordinances, several citizens made it clear they did not want the council to take away their right to choose the police chief.

It was mentioned, but not discussed at length, that most of Avoyelles Parish’s municipalities have appointed police chiefs.

Marksville and Evergreen are governed by city charters which made the police chief an appointed official -- nominated by the mayor and approved by the aldermen.

Simmesport, Moreauville and Plaucheville are governed by the state Lawrason Act but have appointed police chiefs. Hessmer, Bunkie, Cottonport and Mansura are also Lawrason Act municipalities that have retained an elected police chief.

Most of those making comments did not identify themselves during the meeting and left before they could be identified for this article.

Former Avoyelles School Board member James Gauthier said he opposed the attempt to “take away our right to choose our police chief.” He said the move would make the police chief an employee of the mayor and council.

“We prefer to pick our own police chief,” he said, “and resent any effort to take our vote away.”

Mark Jeansonne, a retired 12th district judge and former mayor of Hessmer, said he always told the aldermen he served with to “think about the result of your actions 20 years from now, 50 years from now.”

“I’ve had problems with police chiefs as mayor,” Jeansonne said, adding that he was always able to work things out.

‘MONSTER YOU CREATE”

“The monster you create is a greater evil” than the problem it seeks to address, Jeansonne said, adding that the council would be “taking away a right that is never given back” if the chief’s position becomes an appointed post.

Former Hessmer alderman Donald Bernard -- who ran against Smith in the last election for police chief -- also spoke out against making the chief position appointed.

Bernard said he served on the council with aldermen Keith Armand and Joshua Roy and with Franks as mayor, “and I wouldn’t have been foolish enough to do what you are doing right now.”

When the items were discussed in the regular meeting, the budget cuts were addressed first.

Franks attempted to explain the need for cuts due in part to a decline in revenue produced by the police department

“The public asks why we can’t rob Peter to pay Paul,” Franks said.

He said the village is legally barred from using some designated revenues in other departments. While the municipality can, and does, use excess revenue from the Water Department to cover other costs, it cannot afford to zero out the Water Department account.

The General Fund is expected to receive a $25,000 transfer from the Water Department to help pay for services included in the General Fund.

GENERAL FUND DUTIES

In addition to police protection, the General Fund pays for the Street Department, Fire Department and Recreation costs, insurance, legal/professional services and administrative operating expenses of the municipality.

A “profit and loss” budget update presented at the meeting showed the General Fund budget was facing a $34,400 deficit, even with the Water Department transfer. That deficit would be about $15,300 greater if the fines and court costs from the past seven months continue at the same rate for the rest of the budget year.

Franks said the Water Department has about $53,000 on hand at this time. However, he noted the village recently had to spend $80,000 to repair one of Hessmer’s three water wells. The one that went down was the village’s “newest” well on its aging water system.

Franks said prudent budgeting practices enabled Hessmer to have enough of a reserve in the Water Department to pay for the emergency repairs. The mayor said the village has over $2 million of assets to maintain and oversee, so it cannot afford to spend every cent in the annual budget.

He said the Police Department was expected to provide about $70,000 in fines this budget year, based on past years' performance. With the fiscal year more than half over, the village has received only $21,176 in fines. The reduction in fuel appropriation from $10,000 to $5,000 is due to the fact the department has spent only $2,727 for fuel so far this fiscal year.

The need to cut the personnel costs from $88,000 to $47,000 is due to the drop in revenue from fines generated by the Police Department.

SMITH STORMS OUT

One of the first people to leave the meeting was Smith, who accused the mayor and aldermen of unjustly firing a full-time patrolman. He also said the council has refused to hire a replacement or to replace broken radars, body cameras and other equipment.

“I’m done with you guys. Done with all of you,” Smith yelled at Franks and the aldermen. “When you’re all gone, I’ll still be here.

“I’ll see you in court,” he added as he stormed out of the meeting room.

Several others attending also left at that time.

Franks told the still-full room that he and the aldermen he has worked with since 2013 have always supported the Police Department. He said he obtained $60,000 in grants for new police vehicles and the council also approved purchasing police equipment -- including a hand-held radar two years ago.

After the meeting, Smith said the radar was purchased four years ago and is broken.

Franks said the issue is not about any bad feelings between him and Smith. It is a problem of insufficient revenue coming into the General Fund to support the current police budget.

“Do I want 24-hour police protection in Hessmer? Yes -- but we cannot print money in Hessmer,” the mayor said.

Franks said that after the 2020 municipal elections, it won’t matter who the mayor, aldermen and police chief might be, “the same financial limitations will still be there.”

As the meeting continued past the one-hour mark, more visitors left until there were only a few more than usually attend the monthly meeting.

Roy said Smith has “plenty of tools to protect everybody in Hessmer.”

He said the police chief can ask the Sheriff’s Office or State Police to conduct patrols at night, but Smith has not done that.

Armand said the problem for the past several years has been a lack of communication between Smith on one side and the mayor and aldermen on the other.

“He (Smith) gets mad,” Armand said, “and it’s his way or no way. He storms out like he did tonight.”

Before leaving, Smith had singled Armand out for criticism, claiming the alderman took one of the patrolmen away from his duties in town for two hours to address an issue on Armand’s property.

Armand acknowledged he had the patrolman come to his property, saying he’s also a resident of Hessmer as well as an alderman, but disputed the officer was there for two hours.

‘IT IS NOT PERSONAL’

In presenting the ordinance to ask voters to change the police chief to an appointive position, Franks said the action “is not against the chief. It is not personal.”

Alderman Justin Gaspard, who was elected to the council in the last election, said he supported putting the issue on the ballot for the voters to decide because “there are people who will not come to a meeting and voice their opinion against the chief of police. It is my duty to not only represent those who are here tonight, but also those who are not here.”

Gaspard said he has heard from many people with concerns about the police department, so he knows there is a segment of the public in support of a change.

“I want to bring this to an election for those who are afraid to voice an opinion in public,” he said.

Gaspard also said past attempts by aldermen to reach a compromise on disagreements with Smith have failed “because it is his way or the highway.”

UP TO VOTERS

It was explained that the council’s adoption of the ordinance to change the chief’s position to an appointed one would not enact that change. It will be up to the voters to make the final decision on the issue.

One man in the audience said he is afraid the proposition will pass because too many voters will “have something else to do, like go hunting.”

It was noted that is the nature of any election, with those who care enough to vote deciding who is elected and whether propositions pass or fail.

“Folks who are scared to be here will have their choice, too,” Gaspard said. “There is no ill will meant toward anybody.”

“Let everybody vote on it,” Armand added.

If the proposed change is approved by voters, it would not take effect until Smith’s elected term ends on Jan. 1, 2021.

The election for the proposition would cost the village $600 --$300 per precinct for Hessmer’s two precincts.

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