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Message

re: Do Sheriff's trump the governor?

Posted on 5/1/20 at 12:13 pm to
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:13 pm to
Sounds like we're arguing the same point from different directions.
Posted by RobbBobb
Member since Feb 2007
34411 posts
Posted on 5/1/20 at 12:15 pm to
Sheriffs are the most powerful people in Louisiana.

There are simply not enough state troopers or national guardsmen to enforce a statewide shutdown
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:17 pm to
quote:

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.


Semantics, then the rest...

He was "suspended" and replaced with someone else.

He was removed from office. Fired.

quote:

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


Yes you can. It's literally in the state constitution. The governor signed an executive order.

No, it's not the same as you getting fired from Sonic, but he was fired. He lost his job.

Semantics...

quote:

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


I'd hope so because it wasn't Scott.
Posted by Asharad
Tiamat
Member since Dec 2010
6354 posts
Posted on 5/1/20 at 12:19 pm to
Posted by YouAre8Up
in a house
Member since Mar 2011
12792 posts
Posted on 5/1/20 at 12:21 pm to
Sheriff's main job is to defend the constitution.
Posted by Epic Cajun
Lafayette, LA
Member since Feb 2013
37491 posts
Posted on 5/1/20 at 12:21 pm to
quote:

I'd also encourage sheriffs to do whatever the frick they want. I think it would go over just as well.
If it comes down to it, do you not think the legislature would side with the parishes and just veto the EO?
Posted by notiger1997
Metairie
Member since May 2009
61813 posts
Posted on 5/1/20 at 12:22 pm to
quote:

If it comes down to it, do you not think the legislature would side with the parishes and just veto the EO?




If he tries to push out two more weeks that's what's going to happen.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 5/1/20 at 12:24 pm to
quote:

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



Using SC as an example. From the Constitution.

quote:

SECTION 8. Suspension and prosecution of officers accused of crime.
Whenever it appears to the satisfaction of the Governor that probable cause exists to charge any officer
of the State or its political subdivisions who has the custody of public or trust funds with embezzlement or
the appropriation of public or trust funds to private use, then the Governor shall direct his immediate
prosecution by the proper officer, and upon indictment by a grand jury or, upon the waiver of such
indictment if permitted by law, the Governor shall suspend such officer and appoint one in his stead, until
he shall have been acquitted. In case of conviction, the position shall be declared vacant and the vacancy
filled as may be provided by law.
Any officer of the State or its political subdivisions, except members and officers of the Legislative and
Judicial Branches, who has been indicted by a grand jury for a crime involving moral turpitude or who has
waived such indictment if permitted by law may be suspended by the Governor until he shall have been
acquitted. In case of conviction the office shall be declared vacant and the vacancy filled as may be provided
by law. (1972 (57) 3181; 1973 (58) 83.)
Editor’s Note
The present provisions of the first paragraph of this section are similar to former Section 22 of Article IV
as it existed prior to the 1973 revision.
SECTION 9. Removal of officers.
Officers shall be removed for incapacity, misconduct, or neglect of duty, in such manner as may be
provided by law when no mode of trial or removal is provided in this Constitution. (1972 (57) 3181; 1973
(58) 83.)
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69255 posts
Posted on 5/1/20 at 12:24 pm to
quote:

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


quote:

Under Florida law, the governor can suspend elected officials for criminal activity, misfeasance, incompetence or neglect of duty.
Posted by GetCocky11
Calgary, AB
Member since Oct 2012
53509 posts
Posted on 5/1/20 at 12:29 pm to
quote:

Under Florida law, the governor can suspend elected officials for criminal activity, misfeasance, incompetence or neglect of duty.


BuT sHeRiFfS aRe MoRe PoWeRfUl ThAn GoVeRnOrS
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:29 pm to
quote:

If it comes down to it, do you not think the legislature would side with the parishes and just veto the EO?


I don't know. They didn't side with the sheriff in Florida.
Posted by RobbBobb
Member since Feb 2007
34411 posts
Posted on 5/1/20 at 12:32 pm to
quote:

Lol that a governor has no authority over a sheriff.

JBE is on the wrong side of the limb, with a saw in his hand
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
69255 posts
Posted on 5/1/20 at 12:34 pm to
quote:

I don't know. They didn't side with the sheriff in Florida.


That sheriff also had a vote of no confidence and was destroyed by a report from the safety commission after the Parkland shooting. The suspension also needed state senate approval. The Broward cowards got skewered.
Posted by Hamma1122
Member since Sep 2016
22573 posts
Posted on 5/1/20 at 12:36 pm to
Nope
Posted by DarthRebel
Tier Five is Alive
Member since Feb 2013
26160 posts
Posted on 5/1/20 at 12:36 pm to
quote:

Using SC as an example. From the Constitution.


Suspension <> fired.

Like any elected official, there is a process to remove them and a governor cannot remove because the governor feels like it. The suspension must be upheld by another body. We just went through this with the impeachment of DJT people.

Going back to point of this thread.

A Sheriff cannot be removed from office by the governor for not following his orders. The governor could suspend him, but should the governor's orders be deemed without legal merit the Sheriff would have the suspension undone.

Some counties allow the county commissioners to remove a Sheriff and others also allow for recall elections.
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:39 pm to
quote:

That sheriff also had a vote of no confidence and was destroyed by a report from the safety commission after the Parkland shooting. The suspension also needed state senate approval. The Broward cowards got skewered.


Yep, and he was removed from office by the governor.
Posted by Boo Krewe
Member since Apr 2015
9810 posts
Posted on 5/1/20 at 12:42 pm to
its like game of thrones , who can swing bigger dick
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:42 pm to
quote:

Suspension <> fired.


Lol.

You weren't fired, you were terminated.

You weren't fired, you were let go.

You weren't fired, you were removed.

You weren't fired, you just don't have your job anymore.

You weren't fired, you were suspended and the only way to get your job back is with the approval of the people who hired you in the first place.

Dude was fricking fired. Get over it.

quote:

A Sheriff cannot be removed from office by the governor for not following his orders.


This is still not true. You've already spent pages being wrong about it, and now you want to go for round 2?

It's in the state constitution. Try reading it.
Posted by RobbBobb
Member since Feb 2007
34411 posts
Posted on 5/1/20 at 12:42 pm to
quote:

Yep, and he was removed from office by the governor.

And how long did that take?





Cuz JBE doesn't have time on his side. The sheriffs do
Posted by LSUfanGuy13
Member since Mar 2017
432 posts
Posted on 5/1/20 at 12:44 pm to
quote:

And how long did that take?


I don't know. I imagine Florida's governor didn't take a ton of time to put his signature on the EO.
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