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re: Do Sheriff's trump the governor?

Posted on 5/1/20 at 11:49 am to
Posted by MattA
Member since Nov 2019
1625 posts
Posted on 5/1/20 at 11:49 am to
quote:


Laws and policies do not exist without someone to enforce them.


Yep. Decree all you want but without compliance by majority of the population and actual enforcement, all you have is words. The thin veil of law and order is only there because of the fear of punishment. “Make me” can be pretty effective when there is enough people saying it.
Posted by tiger91
In my own little world
Member since Nov 2005
36818 posts
Posted on 5/1/20 at 11:50 am to
Our parish government is meeting on Monday to discuss reopening ... I asked a pj if our sheriff was going to enforce things done that are against the EO. He said that's part of what they will discuss.
Posted by HempHead
Big Sky Country
Member since Mar 2011
55558 posts
Posted on 5/1/20 at 11:51 am to
quote:

The governor isn't limited to a sheriff for enforcement.



The statement still stands. Widespread noncompliance from parish sheriffs would effectively make any law nonexistent. There aren't enough state LEOs to make a dent.

Not that it will happen, I'm just saying this as a hypothetical.
This post was edited on 5/1/20 at 11:52 am
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21399 posts
Posted on 5/1/20 at 11:53 am to
quote:

Didn't Florida's governor fire a sheriff just last year?


Was it for criminal behavior though? A governor cannot fire a Sheriff for not following his thoughts or orders. A Sheriff is elected and therefore cannot be fired.

Here is how it went down with Israel
quote:

On January 11, 2019, Florida Governor Ron DeSantis officially suspended Israel for his responses to the Fort Lauderdale airport shooting and Stoneman Douglas High School shooting. DeSantis appointed Gregory Tony as Israel's successor. [23]

On October 23, in a special session of the Florida Senate, the chamber voted 25–15 to uphold the suspension.[24] Israel is eligible to run for the position in the 2020 election.


It was not fired, however a removal process was implemented. He could still become Sheriff again
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
51526 posts
Posted on 5/1/20 at 11:54 am to
quote:

A governor cannot fire an elected Sheriff that is not following his orders.


Can in some states.
Posted by tiger91
In my own little world
Member since Nov 2005
36818 posts
Posted on 5/1/20 at 11:55 am to
quote:


They should definitely at least give everybody the option to open if they wish. We have hardly been hit in this area, and I need a damn hair cut.


Using the 21 day assumed recovery for those really unknown, we're left with 17 active cases. I mentioned that to Touchet and he said definitely less. Didn't give any other specifics.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 11:55 am to
quote:

The statement still stands. Widespread noncompliance from parish sheriffs would effectively make any law nonexistent. There aren't enough state LEOs to make a dent.

Not that it will happen, I'm just saying this as a hypothetical.



As does the rebuttal.

While we're on hypotheticals, the governor has more resources than state LEOs.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37333 posts
Posted on 5/1/20 at 11:55 am to
quote:

Do Sheriff's trump the governor?


Louisiana has a very strong governor.

Sheriffs are strong here as well. But they can only enforce laws. A sheriff can't make executive orders or emergency declarations. A parish president can.

It's important to note that parishes (and sheriff's offices) are political subdivisions of the state. This is different than the relationship between the states and the Fed Gov.
Posted by notiger1997
Metairie
Member since May 2009
58565 posts
Posted on 5/1/20 at 11:56 am to
I get that the Sheriff's can look the other way and hope like hell that this is happening, but what about enforcement of the EO that still can come from the ABC and board of health, etc.
Posted by HempHead
Big Sky Country
Member since Mar 2011
55558 posts
Posted on 5/1/20 at 11:57 am to
I highly encourage the governor to use all resources available to his office in the event of mass noncompliance. I think it would go over swimmingly.

quote:

but what about enforcement of the EO that still can come from the ABC and board of health, etc.


The same statement still applies. Power is in the hand of the enforcer, not the person who creates the rules. If anyone in a position to enforce turns a blind eye, then a rule effectively doesn't exist. This was the reason for the collapse of the USSR at the end.
This post was edited on 5/1/20 at 12:00 pm
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 11:59 am to
quote:

Was it for criminal behavior though?


No. It was because the governor felt like it, more or less.

quote:

A governor cannot fire a Sheriff for not following his thoughts or orders. A Sheriff is elected and therefore cannot be fired.


Florida disagrees. Seems that their governor can remove a sheriff for any reason they see fit.

quote:

He could still become Sheriff again


So what. When Sonic fires you, they can still hire you back.

He was removed and the governor replaced him.

Lol that a governor has no authority over a sheriff.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21399 posts
Posted on 5/1/20 at 12:00 pm to
quote:

Can in some states.


What states allow a Governor to fire an elected official without any form of checks and balances.

A governor firing a Sheriff unilaterally is the same as a President firing a governor
Posted by zuluboudreaux
God’s country USA
Member since Jan 2008
709 posts
Posted on 5/1/20 at 12:01 pm to
All politics are local. Gov may win the battle but lose the war to the Sheriff.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:02 pm to
quote:

I highly encourage the governor to use all resources available to his office in the event of mass noncompliance. I think it would go over swimmingly.


I'd also encourage sheriffs to do whatever the frick they want. I think it would go over just as well.

quote:

Power is in the hand of the enforcer


And that isn't limited to sheriffs.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:03 pm to
quote:

What states allow a Governor to fire an elected official without any form of checks and balances.


There you go.

If you walk this back enough, eventually you'll be right.
Posted by Tchefuncte Tiger
Bat'n Rudge
Member since Oct 2004
57597 posts
Posted on 5/1/20 at 12:05 pm to
Yes. The governor, particularly this one, is the Louisiana Sheriffs' Association's bitch.
Posted by HempHead
Big Sky Country
Member since Mar 2011
55558 posts
Posted on 5/1/20 at 12:06 pm to
quote:

And that isn't limited to sheriffs.



Not at all. I'm not suggesting otherwise.
Posted by tiger91
In my own little world
Member since Nov 2005
36818 posts
Posted on 5/1/20 at 12:09 pm to
Well I'll report back on our parish situation when we're told .. they're meeting Monday and I'm trying to find out if it'll be streamed. Could be interesting.

Lord knows our school board meetings are a hoot.
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21399 posts
Posted on 5/1/20 at 12:09 pm to
quote:

Lol that a governor has no authority over a sheriff.


I think you are arguing some semantics here for whatever reason. Suspension does not equal fired. The suspension could of been undone, but it was upheld. Should the suspension not been upheld, he would have returned to work.

You cannot fire elected officials, they can be removed through actual legislated processes.

Even dumbass polifact calls this a pants on fire lie that Scott fired Israel.

Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
21399 posts
Posted on 5/1/20 at 12:10 pm to
quote:

If you walk this back enough, eventually you'll be right.

Nothing has been walked back
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