Anyone had to deal with local wannabes like this?

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Melton may be breaking law

Are the side arm the mayor carries and the badge he wears illegal?

April 13, 2006
Jackson (MS) Clarion-Ledger


State statutes, local ordinances and attorney general opinions indicate Jackson Mayor Frank Melton is violating the law when he participates in police patrols, searches and traffic stops.

But none of the officials contacted by The Clarion-Ledger expressed any interest in challenging Melton on his crime-fighting methods.

Melton carries a holstered handgun while on patrol with police, which, according to the Mississippi Department of Public Safety, is a violation of state law because he doesn't have a permit to carry a concealed weapon.

State and local laws also call into question whether Melton impersonates a police officer when wearing a bullet-resistant vest labeled "Police" and a gold badge that says "Mayor."

Melton said he is within his legal rights as mayor to participate in police activities. He repeatedly has defended his unorthodox approach to crime fighting as the reason he was elected in 2005.

"I'm not going to stop doing what I'm doing," he said.

During a crime sweep Sunday night, Melton - shotgun in hand - knocked on doors attempting to serve arrest warrants and led random searches of vehicles looking for guns and drugs.

Melton said he can participate in such searches because he's a certified law enforcement officer. But records checks indicate he is not certified in Texas, his home state, or in Mississippi.

"He has the authority to lead his own Police Department," said Dale Danks Jr., Melton's personal attorney, who also played a prominent role in crime fighting when he was mayor of Jackson from 1977 to 1989.

Danks cited a state law which states a "mayor shall be active and vigilant in enforcing all laws and ordinances" for the city.

Danks said Melton is "an ex-officio police chief" by virtue of his status as chief executive officer of the city.

But a 1990 Mississippi Attorney General's opinion states "the mayor does not have the authority to supervise law enforcement" and cannot "personally involve himself in the daily operation of the police department."

A 2003 opinion found that "while the mayor is the chief executive officer of the municipality, the mayor does not have authority to supervise law enforcement ... or supervise police officers on a daily basis."

Shirlene Anderson was appointed by Melton to head Jackson's almost 500-member police force. When contacted Wednesday to comment about the mayor's crime-fighting tactics, she asked the reporter to call her back. When the reporter called again, Anderson did not answer the phone.

On Sunday, the mayor, accompanied by police officers, went to a Jackson home and confronted a family he believed had threatened him. He carried the shotgun and a holstered pistol.

Attorney General Jim Hood said a holstered firearm constitutes a concealed weapon if the person is not a certified law enforcement officer.

"If you have a permit, you can carry it on your person," Hood said. "You need a permit to carry a gun in a public place in a concealed manner. You need a permit, unless you are a sworn law enforcement officer."

Melton maintains he has been a certified officer "since 1974" but will not say where he received that certification.

Deputy Attorney General Mike Lanford said it is a misdemeanor for anyone to impersonate a state or local officer or employee. The law carries a fine and a possible jail sentence.

The state law is a bit ambiguous because it doesn't mention law enforcement and does not address someone who holds a general office, Lanford said.

According to the city code, it is illegal for anyone "other than a duly appointed and regularly acting police officer" to wear police equipment or anything resembling police equipment.

Later Sunday night, with consent, Melton searched a home and cars in a gas station parking lot. He also stopped traffic on Woodrow Wilson Avenue to search cars after getting consent.

"It is somewhat unconventional for a mayor to be as active in law enforcement," Hood said.

Hood said no complaints have been filed in his office against Melton, and the office has not investigated the mayor.

When asked about Melton's actions on Sunday, Hood said there is nothing that prohibits a mayor from going out with law enforcement while officers carry out their duties. He said road blocks are legal, with certain caveats.

"You have to search everybody," Hood said. "You can't just selectively stop people because of a profile you're using."

At least one car driven by a middle-aged woman was allowed to pass through the checkpoint.

Conducting searches at the gas station appears to have been legal. One man was arrested.

"As far as going to a public place like in that parking lot, if they consent, there is no harm done there," Hood said.

When asked what would happen if Melton were in a position where he had to fire his weapon, Hood said, "He's covered under the municipal bond for liability. I don't know if that would cover his duties acting as a law enforcement officer."

George Phillips, DPS commissioner and head of the state police, said he does not plan on "picking a fight" with Melton over his interest in crime fighting.

"You've got to use a little common sense. We can't possibly enforce every law on the books. We don't have the manpower," he said.

Phillips said the difference between Melton conducting searches and raids while wearing a police equipment and a badge and a private person doing the same thing is "he's the mayor."

DPS spokesman Warren Strain said Hinds County Sheriff Malcolm McMillin would be the more likely candidate to conduct an investigation into Melton's behavior. Officials with the Sheriff's Department said there is no investigation of the mayor.