New police chief is being sought for Jacksonville

City accepting applications

Jacksonville has begun accepting police chief applications after the Arkansas Supreme Court ruled that a past false-report conviction disqualifies the city’s benched police chief from holding the position.

Jacksonville Mayor Gary Fletcher, in an interview last week, said he did not agree with the court’s ruling earlier this month, but said the city will not drag its heels on getting a police chief. He reported that the city should know within a couple of weeks what the candidate pool for the position will look like.

The state Supreme Court ruled that a past false-report conviction disqualifies Geoffrey Herweg, the city’s benched police chief, from serving in the position under a section of the state’s constitution.

Herweg had been sworn in as Jacksonville’s police chief last April and served as chief until June, when a Pulaski County Circuit Court judge removed him pending the outcome of a lawsuit from Jacksonville City Council member Tara Smith. The litigation challenged the legality of Herweg holding the office under the state’s constitution.

Herweg pleaded guilty in 2002 to giving a false report to a police officer in Texas, a conviction the state Supreme Court ruling said was a “crime of dishonesty” and disqualified him from holding the position under Article 5, Section 9 of the Arkansas Constitution. The section prevents a person convicted of an “infamous crime” from holding “any office of trust or profit in this State.”

“It was a great day for law enforcement in the state of Arkansas,” Smith said about the Arkansas Supreme Court decision. This month’s ruling, she said, reinforced the integrity of law enforcement officers.

Herweg pleaded guilty to giving a false report to a police officer in Texas. Herweg had been driving on Christmas Eve in 2000 and “became involved in an accident” that damaged a car and a house, according to court records.

He left the scene and told authorities the vehicle had been stolen, the court documents said. Authorities determined Herweg had wrecked and abandoned the vehicle and knowingly lied about it.

The city of Jacksonville contends an “infamous crime” includes misdemeanor offenses “related to the election process” and not to an out-of-state conviction that occurred years ago, according to the state Supreme Court ruling.

Yet, the court found that

Herweg’s conviction “is a crime of dishonesty committed with the intent to deceive and, as such, qualifies as an ‘infamous crime.’”

Fletcher says the court’s decision opens up a “Pandora’s box.” He said he anticipates future issues arising from the ruling and argued

that the court’s decision could reasonably be applied to all government employees, including school teachers.

Herweg stopped working for the city earlier this month after the ruling, the mayor said. Fletcher said the sidelined chief, in part, had done consulting for the city. Fletcher said he did not know Herweg’s future plans.

City attorney Robert Bamburg will remain director of police administration during the police chief hiring process, Fletcher said. Bamburg’s office declined multiple requests for an interview.

The city is currently accepting applications for police chief. The job posting, which was published Wednesday, closes on April 5.

Jacksonville City Council member Les Collins said he was disappointed by the Supreme Court decision. Yet, he said the city also needs a police chief.

“You can’t stay in limbo forever. Our police officers need leadership,” Collins said, mentioning he hopes the new chief will bring stability.

Another City Council member, James Bolden, said he hopes a new police chief will bring unity to the department.

“We’ve got to get a police chief in there,” he said.