Acting McComb Police Chief Greg Martin has filed a formal complaint with the Mississippi Attorney General’s office against McComb Mayor Zach Patterson alleging interference with police in violation of state law.
The complaint, in a letter to Attorney General Jim Hood dated Oct. 3, asks the AG’s Public Integrity Division to investigate possible interference in five police cases between May 2007 and September 2008.
It also cites an undated incident that allegedly occurred as officers were on a break.
The cited concerns all regard alleged demands by the mayor for police to acknowledge him in public, and requests for case reviews and access to inmates that Martin says may have exceeded the mayor’s authority.
The grievances include the mayor’s actions involving:
• A May 2007 traffic stop in which an individual was arrested for speeding, resisting arrest and disorderly conduct.
• A November 2007 citation in which two individuals were arrested under the city’s loud music ordinance.
• A June 2008 arrest for disorderly conduct.
• A July 2008 arrest for harassing phone calls.
• A September 2008 death investigation.
• An alleged communication between Patterson and officers at a McComb fast food restaurant.
Martin’s letter quotes Section 21-21-1 of Mississippi law which reads: “The marshal or chief of police shall be the chief law enforcement officer of the municipality and shall have control and supervision of all police officers employed by said municipality.”
Patterson, who declined comment for this story, has often quoted Art. II, Sec. 2-17 of McComb’s city charter in prior disputes with selectmen over ruling authority in various other aspects of city government. That provision reads, in part: “The mayor shall supervise all the officers of the city and shall see that all laws, ordinances and resolutions are enforced.”
Martin’s letter, describing the incidents in question, states that internal affairs investigations were conducted on the traffic stop and the loud music and disorderly conduct cases.
Martin said Thursday that two of those cases were closed after the defendants pleaded guilty. He said that in the third case, he responded to a telephone request by Patterson with a letter explaining the city prosecutor had been consulted.
“I responded back to him (Patterson) advising that I was looking into it and asked the city prosecutor to see if there were legal grounds to proceed with the case,” Martin said.
“I asked, ‘Were we in guidelines asking for identification during the investigation, did the complaint violate the statute I listed … did (the suspect) violate the law when he failed to provide the information requested (by police), and was there enough evidence to go forward in court? … I was reprimanded. … (Patterson) didn’t agree with me explaining department policy and procedure for internal investigations.”
The letter also says Patterson demanded access for the inmate’s family in the harassing phone calls case.
“He (Patterson) instructed personnel to let him (the inmate) out of jail to talk with his (the inmate’s) relatives,” Martin said. “He (the inmate) was not released.”
The letter also says Patterson demanded that officers acknowledge his presence during the death investigation and while officers were on break in the restaurant incident, saying Patterson has been “repeatedly informing the general public that he is the top law enforcement for the City of McComb.”
Martin wrote, “Officers are in constant fear of verbal abuse by the mayor on a daily basis.”
Martin said, “The complaint states exactly what issues I have with the city and the mayor interfering with police operations. These officers work here because they enjoy law enforcement. To work in this field and put up with the actual criminals on a daily basis, and to add even more stress … it’s harmful for the officers’ morale. The whole issue is that the City of McComb is in direct violation of state law.”
Martin added that in the incident involving the death investigation, Lt. James Nevels was allegedly threatened by the mayor with arrest for mistreatment of city property due to the abrupt manner in which he started and stopped a police car.
“He (Patterson) said, ‘If I catch you abusing a city vehicle again’ that he would flag me down, he would get me out of the car, handcuff me and call another officer to arrest me,” Nevels said. “… I will never forget it.”
“If it had been anybody else in the world, he probably would have gone to jail,” Nevels said. “It was almost like he was daring us to touch him.”
Nevels said Patterson called him and now-retired Police Chief Billie Hughes into the mayor’s office later that day for another session that lasted about 30 minutes.
“He (Patterson) said, ‘I want you to understand I’m the chief law enforcement officer here, and you’re going to do what I say, when I say,’ ” Nevels said.
Martin said such actions demonstrate contempt for civil service rules, adding formal complaints are required to review police actions so that there is evidence if necessary in court.
“The reports have to be taken,” Martin said. “I can’t just walk up before the judge and say ‘Well, Judge, I think this person did wrong.’ ”
As for inquiries into officers’ conduct, Martin said the city procedure is established in civil service rules.
“The City of McComb has in place a disciplinary process,” Martin said. “If I find an officer in violation, I follow protocol and conduct that investigation in a professional manner, never belittling anyone in my investigation. You can get a verbal reprimand, a documented warning, and a documented consultation … and I have done all of those in the past.”
Martin said each time he has disciplined an officer, it was submitted for the officer’s personnel file, and he said he had not seen any written documentation of Patterson’s alleged complaints, required under city civil services.
Martin said the civil service rules are intended to prevent improprieties by spelling out how disputes would be resolved.
“The main reason I’ve enjoyed working for the City of McComb was they had civil service rules and regulations,” Martin said, adding that those rules “allowed me to stay out of the middle of politics.”
Martin said, “We respect the mayor. … They (officers) come here to do the job to the best of their ability. No one has an agenda.”McComb was they had civil service rules and regulations,” Martin said, adding that those rules “allowed me to stay out of the middle of politics.”
Martin said, “We respect the mayor. … They (officers) come here to do the job to the best of their ability. No one has an agenda.”
