The City of Brookhaven has shifted once again to make the Chief of Police position an appointed one, rather than elected.

The move was made in Tuesday’s regular meeting of the Board of Aldermen, with a 3-3 split vote decided by the mayor.

In the board’s first meeting of February, Mayor Joe Cox clarified the city’s then-position on the matter. In response to a question from NAACP Brookhaven president the Rev. Rico Cain, Cox said, “The Board voted to go from elected to appointed. About two meetings later, the Board opted to go back to an elected position, pending a positive response from the Attorney General, and we did get that response. So at this point, it is an elected position.”

This week, Alderman-at-large Don Underwood made the formal motion to go to an appointed police chief, seconded by Ward 6 Alderman Andre’ Spiller.

Underwood made the motion following a question to Police Chief Kenneth Collins for comments on recommended policies to be adopted for the police department.

“It looks like policies for an appointed chief. I’m elected,” Collins said.

Collins said he created the current BPD policies and they were on file with the Department of Public Safety.

“The City of Brookhaven’s Police Department policies are on file with the Department of Public Services?” Underwood asked.

“Yes, sir. They usually keep a copy,” Collins replied.

“You just made that up,” Underwood replied.

Collins said the alderman-at-large had a problem with the police department and was attacking him personally because of it.

“No, I don’t have a problem with the police department,” Underwood answered. “I have a problem with you, because you’re not doing your job.”

“You’re not doing your job as an alderman,” Collins said.

“We’re not going there tonight,” Mayor Cox interjected.

“Everybody sees what’s going on,” Collins said.

“Yeah, they do,” the alderman responded. “They see you trying to say I’m persecuting you.”

“You can’t persecute me. I’m God-made and heaven-sent, never be broken, never be bent,” said Collins.

“That’s what them women say,” Underwood said.
“You didn’t make me and you can’t break me, Mr. Underwood,” the chief responded.

Board attorney Bobby Moak then asked if the Board wanted to approve the policies or take more time to review them.

“They’ll approve them against my will,” Collins said.

Though both men spoke clearly enough to be heard, the exchange did not escalate into loud voices or yelling.

Moak then asked the chief if the BPD policies were on file with the state. Collins said all should be on file with DPS, and said he would reach out to the agency Wednesday to confirm.

As the chief said, “Y’all should read them before you destroy them,” Moak suggested to the mayor that the board review the policies with the Chief and take up the issue at the next regular board meeting.

“I’m going to check with [DPS], so don’t worry,” Underwood said.

“Thank you,” Collins replied.

The meeting then shifted to aldermen reports, with Underwood the first to speak.

“We’re now right about at 11 months from the qualifying deadline. I don’t know if y’all have looked, but you’ve got to qualify for office in about 11 months. We are 15 months from your last day in office in this term,” he said. “I therefore move that the City of Brookhaven change from an elected police chief to one appointed by the Board of Aldermen and the mayor, and to serve at the will and pleasure of the mayor and Board of Aldermen.”

“Second,” said Spiller.

The mayor then called for a vote, with three voting in favor and three voting against. Those who opposed the move were Shannon Moore (Ward 2), Charles Caston Sr. (Ward 3), and Fletcher Grice (Ward 5). Voting in support were Underwood, Spiller and Jeff Henning (Ward 4). Ward 1 Alderman James Magee Jr. was not present.

“It’s a tie,” said Mayor Cox. “I vote with the affirmative, to go appointed.”

Underwood smiled and after a few seconds of silence, reports from aldermen continued.

“I’m not going to play your childish games. Grow up,” Collins said, turning away from Underwood.

At the original April 2023 meeting, the Board voted 3-1 to move to an appointed chief. The same three aldermen supported the change — Underwood, Spiller, and Henning — and Grice voted against. The other three members abstained from the vote.

In June 2023, Alderman Moore moved that the city return to an elected position, pending approval from the Attorney General’s Office, since Mississippi law appeared to be unclear on the issue. This vote was 4-3 to return, with Moore, Caston, and Magee joining Grice in the vote for an elected position; the other three remained with their decision.

 

Mayor Cox issued a statement following the meeting:

I had given great thought to the matter of elected vs. appointed prior to casting the tie-breaking vote this evening on the motion to change the office of Brookhaven Chief of Police to an appointed position effective July 2025. While serving as Mayor of Brookhaven, this was the first time in 10 years that I have had to cast a tie-breaking vote in a Board of Aldermen meeting. 

I am confident that it is the best decision for our Homeseeker’s Paradise in order to move Brookhaven forward in the right direction for all residents and for our city as a whole. This change will allow for more transparency, efficiency and accountability as we fight the war on crime.

Each alderman serves as the voice of his constituents and will have a vote regarding required employment qualifications and the selection process for Brookhaven’s next Chief of Police. In addition, the Board will continue developing Brookhaven Police Department policies and procedures based on input from expert sources.

 

Barring other changes, in July 2025, Brookhaven will join the other 287 Mississippi municipalities with appointed chiefs of police, dropping the elected chief of police positions in the state to only eight.