Rep. Danny Short, R-Seaford, and Sen. Gary Simpson, R-Milford, announced plans Tuesday to table HB 290 to seek guidance or an opinion from the state's highest court on the constitutionality of sheriff's powers. The bill would clarify state law, prohibiting sheriffs from making arrests.
The announcement came just hours after about 20 supporters of Sussex County Sheriff Jeff Christopher gathered outside the county administration building in Georgetown to oppose the measure.
Roughly three dozen sheriff supporters, wearing blue badges, then crowded the county council chambers for a passionate public comment period in defense of Christopher.
"His men should be trained," said Rich Mutell of Laurel. "They should be able to do their job without the people in Dover doing a power grab against the people of Delaware."
The sheriff is locked in a debate with the county administration over the role and authority of his department. In Delaware, sheriffs traditionally conduct foreclosure sales and deliver court papers. Christopher argues the state constitution makes him a law enforcement officer. The county council disagrees. Last fall, the county ordered Christopher and deputies to stop performing traditional police work.
Christopher watched as nearly a dozen supporters pleaded with the county to withdraw support of HB 290; Eric Bodenweiser of Georgetown even dropped to his knees before county council members to make the request.
The sheriff's supporters covered a range of topics: crime, history of sheriffs, training of deputies and authority of the county council.
The council voted unanimously last week to support the house measure. On Tuesday, council members held their ground on the issue.
"The liability is a very big concern to us," said Council President Michael Vincent, R-Seaford. "The law says they cannot be police officers."
Vincent pointed to multiple opinions from the state Attorney General's office stating county sheriffs and deputies are not police officers. The president noted that police officers undergo special training and expressed a concern for the safety of deputies performing police work.
After the meeting, Christopher said the people have spoken and the county council needs to listen. He has urged co-sponsors of the bill in dispute to drop their support.
The bill was scheduled for hearing before the House Administration Committee on Wednesday afternoon.
"Senator Simpson and I, as prime sponsors of the bill, have received numerous inquiries about the sheriff bill over the past several days," Rep. Short, the bill's lead sponsor, said in a statement. "Because there is a great deal of misinformation circulating regarding this measure, we have decided it should not be heard in committee tomorrow."
Spokeswoman Stephanie Mantegna said sponsors are not abandoning the bill; instead, they are seeking more information before proceeding.
"Sussex County Council is committed to having this issue resolved once and for all, and if taking a step back on this legislation to seek further guidance is the most prudent way to go, then we will support that approach," Council President Vincent said in a statement.
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