Some opponents to marijuana decriminalization have argued that elected officials who advocate for Proposition A in Killeen run afoul of their oaths of office. But one such representative — Bell County Commissioner Louie Minor — categorically denies that assertion.
“I think it’s nonsense,” he said. “As far as decriminalization and violating my oath, I’m the only one on the Commissioners Court who fought — went overseas and fought — to preserve, protect and defend the constitution of the United States.”
Minor is an Army veteran, having served in Operation Iraqi Freedom, according to his website. He’s also been a critical part of the Ground Game Texas efforts in Killeen and Harker Heights to decriminalize misdemeanor possession of marijuana.
“First of all, I’ve been getting emails about the Confederate statue” at the old courthouse in Belton. “I want to concentrate on other things. Elected officials can do more than one thing at a time.”
‘Do not set the precedent’
Minor attended a special meeting of the Bell County commissioners on Dec. 22 in which they consented to Bell County Attorney Jim Nichols and Bell County District Attorney Henry Garza to sue Killeen over the City Council’s adoption of Proposition A.
“If you truly believe this ordinance is illegal because the state says it’s illegal, then you must believe the state’s compassionate use and medical marijuana legislation is illegal and breaking federal law,” Minor said during the meeting. “Do not set the precedent of this county telling cities what ordinances they can pass or repeal. How many times have I heard that the county is only responsible for unincorporated areas in the county?”
Minor worked with Ground Game Texas — the Austin-based grassroots political organization that’s crafted decriminalization ordinances in Harker Heights, Denton, San Marcos, Austin and Elgin — to get Proposition A approved in Killeen.
“When people say I haven’t done my job to protect and defend, I’ve done my job,” Minor said. “That is a non-issue. They’re entitled to their opinion, but I see it differently.”
Minor, a Killeen Democrat, was sworn into office on Tuesday, succeeding John Driver.
Driver did not seek reelection, and Minor defeated Chris Bray — a decriminalization opponent — for the Precinct 4 seat. The oath Minor read on Tuesday is as follows:
“I, Louie Minor, do solemnly swear (or affirm), that I will faithfully executive the duties of the office of County Commissioner, Precinct 4, Bell County, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this state; and furthermore solemnly swear that I will not be, directly or indirectly, interested in any contract with or claim against the county, except such contracts or claims as are expressly authorized by law and except such warrants as may issue to me as fees of office, so help me God.”
But for opponents of decriminalization, the issue of elected officials’ upholding their oaths of office appears to be central to their belief that police officers who don’t “fully enforce” the state’s drug laws are not doing their jobs. That includes misdemeanor marijuana possession, which remains against state law in Texas.
“The ordinance contradicts state law and statute,” former Killeen councilman Jonathan Okray of Killeen told commissioners at the Dec. 22 meeting. “It is problematic. I highly recommend that you proceed with litigation on this matter within a court of competent jurisdiction.”
Bell County is the first — and only — county in Texas to authorize litigation against one of its own cities in an effort to make null and void decriminalization ordinances.
“Basically, the discussion was going on in consideration of the ordinance that had been passed by the City Council of Killeen and the actions of the result of that particular vote,” Garza told the Herald on Dec. 22. “What you saw … was really the beginning of getting this particular question before a court: What is the effect of a local municipal ordinance when it comes into conflict with state law?”
In a unanimous vote, commissioners agreed to file a lawsuit against Killeen over the city’s adoption of Proposition A, the ballot measure approved by voters in November to decriminalize marijuana in Killeen.
“The county commissioners voted to direct the county attorney and (me) to get involved in the beginning to get that question answered,” Garza said. “That is the only way to get it into court to begin a legal action.”
None of the other Texas cities where decriminalization initiatives have been approved — Elgin, Denton, San Marcos and Austin — has faced litigation. But in San Marcos, Hays County District Attorney Wes Mau has asked for the Texas attorney general’s opinion on that city’s decriminalization ordinance.
‘Actually been researched’
“The good news is the vast majority of the law has actually been researched not only by me and the county attorney, (but) the city attorney in Harker Heights had the opportunity to review the matter legally and so has the city attorney in Killeen,” Garza said.
Like other opponents of Prop A, Garza said it conflicts with state law and therefore should not be allowed in individual cities.
“The Bell County attorney is authorized to file suit against the city of Killeen and its agents to enforce Texas Local Government Code section 370.003 by seeking declaratory relief in district court against the city of Killeen’s actions as unconstitutional; and seeking injunctive relief in district court against the city of Killeen from enforcing either the special order or ordinance; and seeking injunctive relief against the city of Killeen from punishing police officers for enforcing marijuana laws under the Health and Safety Code, Penal Code, and Code of Criminal Procedure,” according to the authorization to file suit.
The decision allows Nichols to seek declaratory relief “authorizing peace officers licensed by the state of Texas to fully enforce marijuana laws as it is their duty to prevent and suppress crime under Section 2.13 of the Texas Code of Criminal Procedure.”
No city official had been served the lawsuit by Friday afternoon, Killeen spokeswoman Janell Ford said in an email.
Proposition A “is, by definition, local control,” Julie Oliver, executive director of Ground Game Texas, told commissioners in December. “No one can also credibly argue that full enforcement of drug laws means maximal enforcement of drug laws, because it can’t be done. No city, no county, no police department … has ever been subject to a lawsuit over setting their legal and fiscal priorities.”
In Killeen, residents on Nov. 8 approved Proposition A with 69% of the vote. Then, on Dec. 6, council members in a 4-3 vote amended Proposition A by removing Section 22-83, which prevents Killeen police from using the odor of marijuana or hemp as probable cause for search or seizure.
“There is a difference between prioritizing and deprioritizing,” Mellisa Brown of Killeen told commissioners in December. “We can deprioritize at the city level. What we can’t do is say that it is illegal for our officers to follow state law. Taking this to court is what the city of Killeen has asked for.”
Brown is a former Killeen City Council member.
“We took an oath … that we solemnly swear that we will faithfully execute the duties and the office of county commissioners of Bell County, Texas, and will to the best of our ability preserve, protect and defend the constitution of the laws of the state of Texas,” Commissioner Russell Schneider said on Dec. 22. “If I do something other than that oath, I don’t need to be here. I can’t sit here and take an oath and go against that.”
On Nov. 10, Killeen Police Chief Charles Kimble issued “special order 22-07” to officers, essentially putting Proposition A in effect before election results were canvassed two weeks later.
“No arrests will be made for misdemeanor possession of marijuana,” according to Kimble’s order. “In lieu of a marijuana arrest, officers will not arrest for possession of drug paraphernalia or drug residue.”
Furthermore, consistent with the initiative ordinance that led to the approval of Proposition A on Nov. 8, “city funds and city employees are prohibited from requesting, conducting or obtaining testing for THC. The odor of marijuana or hemp shall not be considered for probable cause for any search or seizure.”
Four days later, Garza sent a letter to Kimble asking him to rescind the order.
“You instruct your employees, among other things, not to make arrests for the possession of misdemeanor amounts of marijuana nor to consider the odor of marijuana or hemp as probable cause for any search and seizure,” Garza wrote. “I am writing to respectfully request that you rescind this order.”
A two-week moratorium issued by the City Council on Nov. 22 made null Kimble’s special order and made ineffective Proposition A until Dec. 6, when the City Council amended the ordinance.
It requires that “Killeen police officers shall not issue citations or make arrests for Class A or Class B misdemeanor possession of marijuana offenses, except in the limited circumstances,” including the investigation of a “felony-level narcotics case that has been designated as a high priority.”
The ordinance also includes a prohibition against using city funds or personnel to conduct THC testing, issuing citations for possession of drug residue or drug paraphernalia in lie of a marijuana possession charge. That language remains unchanged, as does a provision that allows Killeen police officers who violate the ordinance to be disciplined.
“We’re discussing … whether or not the county ought to bring a suit against one of our own cities,” Precinct 2 Commissioner Bobby Whitson said. “That’s a shame. We shouldn’t have to do this.”
Whitson and the other commissioners — Schneider, Bill Schumann and Driver — along with County Judge David Blackburn, voted to approve an “authorization to litigate.”
Their 5-0 vote came following an hour-long executive session about filing the lawsuit. About 35 people attended the special meeting. Blackburn attended the meeting remotely.
“Obviously, I don’t agree with what the commissioners did here,” Minor told the Herald following the Dec. 22 meeting. “They slid in prior to me taking office. I think that was very calculated of them. Obviously, we’re going to fight this. I’m almost certain the city of Killeen is going to be fighting this as well. But we are more than willing to support the will of the voters.”
The only city to have repealed its decriminalization ordinance is Harker Heights.
The City Council on Tuesday is expected to enter executive session to “discuss pending or contemplated litigation related to marijuana enforcement.” The meeting is scheduled for 5 p.m. at City Hall, 101 N. College St.
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