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To: CyberAnt; tallhappy
If the governor tells the local police in Pinellas County to step aside, they must do so, or else be arrested and tried for an assault on the government of the state, which is to say insurrection."

That is so incorrect!! The only way the Gov could do that was with a COURT ORDER - which the Gov did not have.

I worked for a Sheriff's office - and I can tell you - NO STATE POLICE EVERY TOLD US WHAT TO DO - so NO governor would have that authority either.

He's trying to subscribe authority to Gov Bush which does not exist! The reason Keys is doing that is so he can blame Gov Bush for not acting.

This is just beyond the pale - and proves to me once more WHY I DID NOT AND NEVER WILL SUPPORT ALAN KEYS.


You've never read the FLORIDA CONSTITUTION either. The governor can suspend the sheriff of any county (or any county official not subject to legislative impeachment) for misfeasance (such as obstructing the lawful duty of the DCF) and appoint his own man as a replacement. Then he can have them stand down.

I've been emailing this around but no one has responded:

FLORIDA CONSTITUTION

ARTICLE VIII - County Government
Section 1
(d) COUNTY OFFICERS. There shall be elected by the electors of each county, for terms of four years, a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court;

ARTICLE IV - Executive
SECTION 7. Suspensions; filling office during suspensions.--
(a) By executive order stating the grounds and filed with the custodian of state records, the governor may suspend from office any state officer not subject to impeachment, any officer of the militia not in the active service of the United States, or any county officer, for malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or commission of a felony, and may fill the office by appointment for the period of suspension. The suspended officer may at any time before removal be reinstated by the governor.

ARTICLE III - Legislative
SECTION 17. Impeachment.--
(a) The governor, lieutenant governor, members of the cabinet, justices of the supreme court, judges of district courts of appeal, judges of circuit courts, and judges of county courts shall be liable to impeachment for misdemeanor in office.
198 posted on 03/29/2005 12:13:00 PM PST by UnbelievingScumOnTheOtherSide (Give Them Liberty Or Give Them Death! - Islam Delenda Est! - Rumble thee forth...)
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To: UnbelievingScumOnTheOtherSide; All

I believe you're using the word "officer" to mean a police officer - and you would be incorrect.

If you look at the list in Section 1 of who the named "officers" are: a sheriff, a tax collector, a property appraiser, a supervisor of elections, and a clerk of the circuit court ... that the Governor has power over and can remove - there is not one police officer among them. I'm getting to the Sheriff issue ..

But your analysis is flawed regarding the Governor being able to order other police officers around.

The Governor cannot and does not have the authority to order any police officer to do anything contrary TO THE LAWS THE POLICE OFFICER HAS SWORN TO UPHOLD. The local police officers were upholding the COURT ORDER of Judge Greer - which means the Governor did not have the authority to order them to disobey it.

And .. the DCF's actions are subject to approval by the circuit court (Judge Greer) - because it says that the circuit court has 24 hours in which to rule for or against any DCF order for removal. The judge ruled against the removal and issued a court order keeping the DCF from acting .. and now you're trying to say the Sheriff should have been removed because he defied a DCF order - NO HE DIDN'T - HE OBEYED A COURT ORDER from Judge Greer ..??

The DCF cannot just arbitrarialy charge into some place WITHOUT SUFFICIENT EVIDENCE TO SUPPORT REMOVAL. Of course Greer was not going to allow them to take Terri .. but it was worth a try .. even though I suspect they knew Greer would not approve.

So .. again .. we have someone who is distorting the laws just to try to blame Jeb Bush for not acting.


342 posted on 03/29/2005 2:47:35 PM PST by CyberAnt (President Bush: "America is the greatest nation on the face of the earth")
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