JEANERETTE — Despite Mayor Aprill Foulcard saying Monday that Jeanerette’s Board of Aldermen decision to fire police Chief Jeff Matthews was unlawful, City Marshal Fernest “Pacman” Martin was still running the department Tuesday.

The dispute on the police chief situation has left the board and mayor with conflicting arguments about who is acting as police chief currently. Although Foulcard said Monday that the Lawrason Act provides only the mayor with authority to fire a police chief, several board members stood confident with their decision made last week.

“I stand by what we did,” Alderman Clarence Clark said. “I think what we did was lawful and the marshal is the chief of police.”

Foulcard seemed to have reversed her decision by Tuesday, however. The mayor told KADN News 10 in a faxed statement that she will in fact abide by the board’s decision, but also that she will seek an Attorney General Opinion to clarify the matter. Foulcard also noted she strongly disagreed with the firing of Matthews, who she called a fine public servant. 

A Louisiana Attorney General’s Opinion from 2011 seems to agree with Clark. At the time, former Ward 1 Alderman Zaphany Banks requested the AG’s Office provide an opinion on whether the Board of Alderman or the mayor has the authority to hire and fire a police chief.

The Opinion covers several issues regarding how the city is run, and the legalities of city appointments. One of the questions of city government was whether Jeanerette is operated by the Lawrason Act- the body of laws that govern most incorporated municipalities- or a special charter.

According to the document, Jeanerette enacted a special legislative charter adopted as Act 102 during the 1878 Regular Session of the Louisiana Legislature.

“The question has been raised because of the language of La. R.S. 33:481, which states that if the provisions of a municipal special legislative charter are silent on a particular matter, then the provisions of the Lawrason Act shall govern, and further provides that in the event of a conflict between the special legislative charter and the provisions of the Lawrason Act, then the charter shall govern.”

The Lawrason Act provides the power to appoint and remove a nonelected chief of police to the mayor, with the caveat that the mayor’s decision regarding the chief’s appointment and removal is subject to the approval of the board.

However, Jeanerette’s charter seems to give that power to the board, not the mayor.

“It shall be the duty of the Board elected to meet at their hall or usual place of meeting and then and there elect by ballot…one Chief of Police…It shall require a majority of all the members of the Board to elect any one of the said officers,” according to the charter.

The AG’s Office stated its opinion that a conflict exists between the provisions of the City’s charter and the Lawrason Act in this regard. Because state law dictates that a local charter overrules state law when a conflict exists, the Opinion ultimately states that the board is vested with the authority to terminate a police chief.

In other words, the Opinion comes out in support that Matthews’ termination last week was lawful.

Martin, who also serves as Ward 3 City Marshal, said Tuesday that he was still operating the police department and would do so until the board appoints a new chief.

“If the council or the mayor decides to come up and appoint Jeff as the chief, I welcome that with open arms,” Martin said. “Until then, I’m going to do what the people expect the marshal to do and that’s provide law enforcement protection and serve the people of Jeanerette.”

Matthews was terminated at a special meeting Aug. 7 in a surprise motion made by Alderman Charles Williams. Mayor Pro Tem Tia Simmons expressed concern to Matthews about whether he followed proper procedure in firing two veteran police officers after he was told by Foulcard to do so.

He was also questioned about hiring employees under the age of 21 and banning Alderman Clarence Clark from the police department, which he denied.  After Williams made his motion, the board voted 4-1 to terminate Matthews.

At Monday’s regular meeting this week, Foulcard asked the board to expand the agenda for an announcement regarding the status of the police chief situation. Simmons offered a motion, but no alderman seconded.