Ordinance against nighttime repossessions gets support

Nov. 29—A proposed ordinance that would ban nighttime vehicle repossessions following the fatal police shooting of Steve Perkins seems to be on the fast track toward approval following Monday's Decatur City Council work session.

City officials also discussed the disciplinary hearings for three police officers and their supervisor planned next week. Those attending the work session continued to demand the immediate termination of the four officers and of Police Chief Todd Pinion.

One of the 20 Perkins supporters who spoke during the work session, the Rev. Yvette Rice, suggested "placing into permanent city law the Stephen Clay Perkins Ordinance."

Rice said Perkins' shooting death Sept. 29, when officers responded to the scene at the request of Allstar Recovery, "could have been avoided."

"I understand you all want to change some policies and make all of these arrangements down the road, but we need some changes right now," Rice told the council.

Rice began to cry as she made her statement because she said she was "frustrated," so her friend, the Rev. Claudette Owens, stepped in to finish it. Owens read the statement that said they want an ordinance that "would make it illegal for any towing company or other such company to make repossession of real, personal or any other type property between the hours of 9 p.m. and 6 a.m."

Rice then added that they need to pass such an ordinance immediately. She said they would like it on the agenda as soon as possible.

"We won't wait on it," Rice said. "We don't need another person, another husband, another father, another son killed by the Decatur Police Department. We're tired, we're hurt and we deserve better.

"We're not going to wait for you five years from now, 12 months from now. We're not even going to wait 30 days from now. You've got a working meeting next week or the week after; handle it. It's important to the community, it's important to this city, it's important to this family."

The proposed ordinance got support Tuesday from a council majority of Council President Jacob Ladner and councilmen Billy Jackson, Carlton McMasters and Kyle Pike. Councilman Hunter Pepper said he is opposed to the idea.

Ladner said he appreciates Owens and Rice bringing up the possible ordinance. He said he needs to talk to City Attorney Herman Marks and then add a proposed ordinance to Monday's agenda if possible.

"I would fully support something along those lines (of what Rice and Owens suggested), but there may be something that I don't know about," Ladner said.

Jackson and McMasters said they discussed a possible repossession ordinance with Pinion. Jackson said Owens also approached him recently with the idea.

"It's an absolutely critical thought that we should address this issue," Jackson said. "I'm willing to work with Claudette and push this thing through as long as we can do it legally. As long as it's effective and legal, I'm 100% behind Rev. Owens in her pursuit to make this happen."

McMasters said they shouldn't be able to do a repossession on private property from dusk to dawn.

"Anything on public property would be fair game," McMasters said. "You should not be able to do a repossession on private property, at your house. We need to do whatever we can to prevent a tragedy like Mr. Perkins."

McMasters said he would vote for a new ordinance, but the Legal Department needs to go over it first.

Pike said an ordinance limiting repossessions to daylight hours "was discussed weeks ago and probably should have been acted upon at that point."

Pike said he discussed the proposal with some in the community and sent an email to the mayor, Pinion and Marks on Monday asking for a proposed ordinance on a nighttime repossession ban.

"If you look at other cities and how they changed quickly, it makes you wonder why we haven't changed already," Pike said.

Pike said he expects to see a proposed ordinance prior to the Dec. 18 agenda, and he would support immediate consideration to vote on the ordinance instead of waiting for a second meeting to approve it. A unanimous vote would be necessary to bring it up for an immediate consideration vote.

The city needs to start as soon as possible on getting a third party to review the Police Department's policies and procedures, Pike added.

Pepper is the only councilman against a repossession ordinance.

"Mr. McMasters doesn't work in that business and he doesn't know how that business works so he shouldn't make comment about businesses he has no business making comments on," Pepper said.

Pepper said he's not going to support an ordinance "that infringes a business from operating. I'm not going to prohibit a business who has purchased a license to operate in the city just like any other business has."

Pepper said he disagrees with the assertion that an ordinance might improve safety in the city.

"I don't think it's legal," Pepper said. "I don't see how it's legal to keep companies that repossess vehicles from operating at night. It would halt their business here because the majority of repossessions take place at night. That's a common practice."

Ladner said his response to Pepper is "it does seem like repossession in the middle of the night could definitely cause negative consequences. Just like we have other laws that allow businesses to operate with some guidelines I could get behind what was proposed."

Local attorney Carl Cole said he sees advantages to such an ordinance because repossessions "would happen in the light of day."

He said he doesn't know if limiting the hours when a repossession can be done "would cause less confrontation, but I do believe there would be more eyeballs on repossessions. Confrontation is less likely to happen than what happened to Mr. Perkins."

Cole said he's always thought the repossession law should require the finance company to obtain a court order before repossessing a vehicle from an owner who is behind on his payments, similar to the requirements for mortgage companies seeking an eviction.

"We allow them to just seize a car on someone who is a few days behind on their payments," Cole said. "Those are different legal ownership statuses, but at the same time, a repossession suit wouldn't take very long to work it's way through the court system."

He said this would provide more opportunity for notice to the automobile owner. It would also allow the finance company to get the sheriff's office involved.

"It would certainly make it safer for everyone," Cole said. — Disciplinary hearings

Mayor Tab Bowling began the public discussion period Monday with a statement that he would not discuss anything related to the officers' cases because he will serve as the judge in their determination hearings.

Marks said they're working to schedule separate hearings for each officer during the week of Dec. 4. He said they're hoping the hearings will be early that week and leave Bowling time to consider the evidence before making decisions.

Bowling again promised to publicly announce final decisions. The four officers can appeal any penalties to the Personnel Board, which would then hold a public hearing on the appeals.

Reginald McKenzie, grandfather of Jaiden DeJarnett, a 16-year-old who died in a wreck at the end a 35-mile police pursuit on Sept. 4, urged the mayor to consider the case in the determination hearing of one of the police officers, who he said was involved in both deaths.

McKenzie said he wants Pinion to investigate the report and the handling of the case. If the officer "lied in his report" on Perkins, McKenzie said, then it's possible he lied in his report on DeJarnett's case.

Marks said the city of Decatur is governed by a local state law on personnel, which created the Personnel Board, that's different from the rest of the state. For example, he said the mayor in most cities is the appointing authority on directors and employees, but the City Council appoints directors in Decatur.

Marks said the City Council can remove a director, such as the police chief, after a fairness hearing. With a mayor's recommendation, removal would require a majority 3-2 vote. Without the recommendation, removal would require a three-fourths majority vote of at least 4-1, he said.

Marks said the mayor, if he believes an employee violated a policy or procedure, can make a a recommendation that the director conduct an internal investigation. The director would make a recommendation after a predetermination hearing to the mayor, who would set a determination hearing.

Marks said the mayor does not yet have the details of the chief's internal investigation of the officers. The chief presented those details last week to the Legal Department, Marks said, which will present the case to the mayor at the determination hearings.

— bayne.hughes@decaturdaily.com or 256-340-2432. Twitter @DD_BayneHughes.