Keith Mack
While sheriffs do not have the authority to suspend laws, there have been instances where sheriffs have attempted to block or suspend certain actions. For example, in Cuyahoga County, the council moved to suspend the sheriff's Downtown Safety Patrol due to concerns about cost and liability. In another case, Galveston County Sheriff Jimmy Fullen filed a lawsuit to prevent the suspension of his peace officer's license by the Texas Commission on Law Enforcement, citing a violation of various codes and claiming that the 10-year suspension was excessive. These examples highlight situations where sheriffs or county councils have taken actions that could potentially impact law enforcement operations and public safety.
| Characteristics | Values |
|---|---|
| Can sheriffs suspend laws they don't like? | No, but they can file a lawsuit to prevent the suspension of their license. |
| Can sheriffs suspend their patrol? | Yes, for example, the Cuyahoga County Sheriff's Department suspended its Downtown Safety Patrol after a fatal high-speed chase. |
| Can sheriffs suspend disciplinary action? | No, but they can appeal to a higher authority, as in the case of Sheriff Jimmy Fullen, who appealed to the State Office of Administrative Hearings. |
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What You'll Learn
- Galveston County Sheriff sues Texas agency to prevent license suspension
- Sheriff Jimmy Fullen's license suspension: a violation of Texas law
- Cuyahoga County Council moves to suspend the sheriff's Downtown Safety Patrol
- Funding for the sheriff's unit: a point of contention
- Public safety at risk due to proposed suspension of the sheriff's patrol
Galveston County Sheriff sues Texas agency to prevent license suspension
In March 2025, Galveston County Sheriff Jimmy Fullen sued the Texas Commission on Law Enforcement (TCOLE) to prevent the suspension of his peace officer's license. Fullen's lawsuit was filed in response to TCOLE's recommendation to revoke his license, which was made in June 2024. According to TCOLE, Fullen violated state rules by failing to disclose disciplinary actions, lawsuits, and prior arrests on his personal history statements.
Fullen, who was elected sheriff in November 2024, argued that a 10-year suspension was tantamount to revocation and exceeded TCOLE's authority. He claimed that the commission was attempting to remove him from his duly elected position and disenfranchise the voters of Galveston County. Fullen's attorney, Tony Buzbee, stated that TCOLE was "trying to do via administrative procedure what they couldn't do at the ballot box."
The lawsuit filed by Fullen sought to have the commission's actions declared in violation of various Texas codes, including the Texas Constitution, Local Government Code, and Occupations Code. The suit also asked a Galveston County judge to declare that a 10-year suspension would violate Fullen's rights, as it would amount to a revocation prohibited under state law.
In response to the lawsuit, TCOLE, represented by the Texas Attorney General's Office, argued that Fullen was attempting to "thwart the lawful administrative process, in violation of the separation of powers doctrine." The matter was initially scheduled for a hearing but was canceled when both sides requested mediation. The outcome of the mediation process and the final decision on Fullen's license suspension remain to be determined.
While this case specifically involves a sheriff's license suspension, it is important to note that sheriffs or law enforcement officers do not have the authority to suspend laws they disagree with. They are expected to uphold and enforce the laws within their jurisdiction, regardless of their personal beliefs. However, in certain situations, they may choose to prioritize their response to specific issues or focus their resources on particular areas, which could be perceived as a form of selective enforcement.
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Sheriff Jimmy Fullen's license suspension: a violation of Texas law?
In March 2025, Sheriff Jimmy Fullen of Galveston County, Texas, filed a lawsuit against the Texas Commission on Law Enforcement (TCOLE) to prevent the suspension of his peace officer's license for 10 years. Fullen's lawsuit argues that the suspension would violate Texas state law, specifically the Texas Constitution, Local Government Code, Occupations Code, Government Code, Civil Practice and Remedies Code, and the Texas Administrative Code.
Fullen's lawyers claim that the suspension is an attempt to remove him from his position as sheriff and disenfranchise the voters of Galveston County. They argue that the 10-year suspension is tantamount to revocation, which is prohibited by the Texas Occupations Code for elected officers under the Texas Constitution unless the person is convicted of a felony or a "criminal offense directly involving the person's duties as an officer."
TCOLE, on the other hand, claims that Fullen violated state rules by failing to list all disciplinary actions, lawsuits, and prior arrests on his personal history statements. TCOLE also cited omissions and unreported incidents, including terminations and racial discrimination complaints.
The case has headed to mediation, with a hearing scheduled for April 1, 2025. Fullen's supporters argue that he wants to continue serving the citizens of Galveston County honorably and that TCOLE is overstepping its authority.
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Cuyahoga County Council moves to suspend the sheriff's Downtown Safety Patrol
On April 18, 2025, the Cuyahoga County Council announced that it is considering a proposal to halt funding for the sheriff's Downtown Safety Patrol unit, which could lead to its disbandment. This proposal comes in the wake of a high-speed chase that resulted in two deaths. The council members in support of the legislation have expressed concerns about the program's cost and the county's liability for patrols that are not part of the same consent decree under which the Cleveland Police operate.
The Downtown Safety Patrol, created in late 2023, plays a crucial role in maintaining safety during large-scale events, offering crowd management, traffic control, and tactical assistance to law enforcement agencies. They also work to secure parades, concerts, sporting events, and festivals, as well as confiscating illegal firearms and drugs. The Patrol has confiscated 291 illegally-possessed firearms, made 103 felony arrests, and seized nearly $200,000 tied to illegal drug sales.
Supporters of the Patrol, including Laborers Local 860, a Cleveland Police homicide detective, and a downtown resident, have spoken out against the proposed suspension, citing the positive impact on public safety and the trust built with the community. Cleveland Police homicide detective Steve Loomis highlighted the staffing shortages, stating that the Cleveland Police Department does not have the resources to take on the duties of the Patrol.
The proposal has sparked a heated debate, with Cuyahoga County Executive Chris Ronayne clashing with council members and threatening to use his veto power for the first time if the legislation moves forward. Ronayne emphasized the unit's contribution to public safety, including the removal of hundreds of guns and a decrease in downtown shootings during their patrols. He pleaded with council members to reconsider, characterizing the legislation as an attack on public safety.
The council's Safety Committee chair, Mike Gallagher, has been critical of the unit since its inception, citing the additional cost of approximately $1.2 million annually and potential legal liabilities. He has suggested that the formation of the unit and its funding allocation were done without the council's approval.
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Funding for the sheriff's unit: a point of contention
The Cuyahoga County Council's move to suspend the sheriff's Downtown Safety Patrol has sparked a debate, with funding for the unit emerging as a contentious issue. The council is grappling with a projected $25 million budget deficit, prompting scrutiny of the unit's $1.2 million allocation, which some council members argue was approved without their consent.
Council member Mike Gallagher, a vocal critic of the unit, has questioned its formation and funding, asserting that it was never included in the budget. He suggests that Cleveland should share the financial burden of maintaining the unit, which operates within the city to ensure safety during large-scale events, provide crowd management, and offer tactical assistance to law enforcement.
Supporters of the unit, including Laborers Local 860 and a Cleveland Police homicide detective, have voiced their support for its continuation, citing public safety concerns. They argue that the unit has played a crucial role in seizing illegal guns, reducing downtown shootings, and maintaining stability in the county.
Amid the debate, County Executive Chris Ronayne has threatened to invoke his veto power for the first time if the legislation to suspend the unit moves forward. Ronayne defends the unit's track record in reducing gun violence and enhancing public safety, emphasizing that it should have the autonomy to allocate the overall budget as it deems fit.
As the discussion unfolds, the fate of the Cuyahoga County Sheriff's Department's Downtown Safety Patrol remains uncertain. While budget constraints are a pressing concern, the unit's contributions to public safety cannot be overlooked, underscoring the complexity of the decision facing the council.
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Public safety at risk due to proposed suspension of the sheriff's patrol
The Cuyahoga County Council's proposal to suspend the sheriff's Downtown Safety Patrol has sparked concerns about public safety, with many arguing that the unit plays a crucial role in maintaining law and order. The patrol, run by the Cuyahoga County Sheriff's Department, provides essential services such as crowd management, traffic control, and tactical assistance to law enforcement agencies. They also secure events like parades, concerts, and sporting events, ensuring the safety of large-scale gatherings.
Cleveland Police homicide detective Steve Loomis highlighted the understaffed nature of his department and emphasized the need for the sheriff's continued support. He pointed out that the sheriff's unit can pursue certain crimes that Cleveland officers cannot, such as drivers performing dangerous maneuvers or having excessively tinted windows.
The proposed suspension comes amid a projected $25 million budget deficit for the county, with council members questioning the program's cost and liability. However, supporters of the patrol argue that public safety should not be compromised due to financial constraints. Euclid Police Chief Scott Meyer and Laborers Local 860, which represents Cuyahoga deputies, are among those advocating for the unit's continuation.
The debate surrounding the suspension has intensified following a fatal high-speed chase involving the sheriff's unit. While some council members view the incident as a reason to pause the patrol, others, including County Executive Chris Ronayne, have cautioned against knee-jerk reactions. Ronayne emphasized the unit's success in removing hundreds of illegally possessed guns from the community, including an AR-15, and reducing downtown shootings during their patrols.
With the sheriff's department's meaningful progress in building trust and maintaining stability across Cuyahoga County, the proposed suspension of the Downtown Safety Patrol raises significant concerns about public safety. The loss of this unit could potentially undo the positive impact they have made, leaving the community more vulnerable to crime and instability.
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Frequently asked questions
No, sheriffs cannot suspend laws they don't like. However, they can file lawsuits to challenge the suspension of their licenses or the discontinuation of specific operations. For example, the Galveston County Sheriff filed a lawsuit against the Texas Commission on Law Enforcement to prevent the suspension of his peace officer's license. The Cuyahoga County Sheriff's Department also faced opposition from the County Council, who proposed suspending their Downtown Safety Patrol due to concerns about cost and liability.
If a sheriff refuses to enforce a law they disagree with, they may face legal consequences or public backlash. In some cases, they may be sued or face disciplinary action. Ultimately, their refusal to uphold the law could result in a loss of public trust and support.
Yes, a sheriff's power can be limited or revoked by the relevant governing body. For example, in the case of the Galveston County Sheriff, the Texas Commission on Law Enforcement sought to suspend his peace officer's license for 10 years due to violations of state rules. This action was within their legal rights, as outlined in the Texas Occupations Code, which grants the regulatory agency the authority to revoke or suspend a peace officer's license under certain circumstances.
