It didn’t last long.

Brookhaven Mayor Joe Cox has vetoed a vote taken earlier this week by the Board of Aldermen in the mayor’s absence. The Board voted 4-3 to once again return the position of Chief of Police to that of an elected one, rather than appointed as it stood prior.

Cox was out during the regular board meeting due to sickness, and Ward 3 Alderman Rev. Charles Caston Sr. led the meeting in his role as Mayor Pro Tempore.

On Thursday afternoon, Mayor Cox exercised his authority to “veto any ordinance, resolution, or order adopted by the board of aldermen by returning the measure together with a written statement of his objections, within 10 days.” Filed with the City Clerk’s Office, his veto did away with the recent vote, leaving the top law official’s position as one to be appointed by the City.

In his “Notice of Veto,” Cox listed several reasons for his decision, including that all other City department heads are under the purview of the Board; “The Board has taken their initiative to make positive changes for our police department”; and “This matter has been debated and resolved numerous times.”

The Board has three business days to respond to the veto, should they so choose. It would require a two-thirds vote of the total number of members — a 5-2 vote — to override the veto. Even if a special meeting is called for this purpose, the 5-2 vote is unlikely to occur, since three aldermen have consistently advocated and voted for an appointed chief of police.

In a matter of less than 48 hours, the City has officially bounced back to an appointed chief of its police force.

 

History of the elected-appointed debate

In April 2023, the Board of Aldermen voted to make the position of police chief an appointed, rather than elected, position. In this original vote, the motion was made by Alderman-at-Large Underwood, seconded by Ward 6 Alderman Spiller, and supported by Ward 4 Alderman Henning. Ward 5 Alderman Fletcher Grice voted against the move, and the remaining members — James Magee Jr., Ward 1; Shannon Moore, Ward 2; and Charles Caston Sr., Ward 3 — abstained.

At the time, Underwood said only nine of the state’s 287 chiefs were elected, and the rest appointed. All municipalities with elected chiefs — other than Brookhaven — were located in the northeast portion of the state, making the Home Seekers Paradise the geographical outlier, he said.

In June of 2023, after clarifying that he had thought his abstaining from the first vote counted as an unspoken “no,” Moore moved for the Board to reconsider, and revert to an elected chief. The Board voted 4-3 in favor of the return, pending approval from the Attorney General’s Office.

The vote was split again, with the original three voting for an appointed position, and the three former abstainers joining Grice in voting for an elected position. Approximately one month later, a response from the AG’s Office confirmed the Board could do as they wished in the matter.

Nine months after the reversal vote, the City shifted gears once again. In March 2024, Underwood made a new motion to have an appointed chief of police, seconded by Spiller and supported by Henning. Moore, Caston and Grice voted to remain with an elected chief. Magee was not present at this meeting.

Mayor Joe Cox cast the deciding vote — “It’s a tie. I vote with the affirmative, to go to appointed.”

Tuesday night, Dec. 3, 2024, Alderman Magee introduced a new motion.

“I was not present at the March meeting,” Magee said. “My ward was not represented. I want to make a motion to vote to revert to an elected chief of police.”

After clarification from Board Attorney Bobby Moak that Magee was entitled to make a “fresh motion” on the matter, Moore offered a second. Grice joined them in voting in favor of the motion.

As in every previous vote, Underwood, Henning and Spiller voted against it. Caston, acting as Mayor Pro Tempore in the absence of an ailing Mayor Cox, cast the deciding vote in favor of returning to an elected position.

“The AG opinion says the City Board can do as they please,” Moak said.

In short, the tennis volley of the position has moved from elected to appointed (April 2023), to elected (June 2023), to appointed (March 2024), to elected (Dec. 3, 2024) and back to appointed (Dec. 5, 2024).

 

What now?

Primary Election Day for 2025 municipal elections in Mississippi is Tuesday, April 1. The qualifying period for both the primary and general elections begins Jan. 2 and ends Jan. 12. General Election Day is June 3.

It is unclear if the position will yo-yo once again with less than one month to go until qualifying begins. It is still possible that an alderman may make a new motion to do so, and get the required 4-3 minimum vote, but the mayor will still have veto power.

Current Brookhaven Chief of Police Kenneth Collins has stated previously he did not intend to seek reelection, if it were an elected post.

An elected chief must be a qualified voter who resides within the city limits (and has done so for at least two years), and is not required by law to have law enforcement experience. An appointed chief can be taken from a pool of applicants not confined to the city limits, and must meet qualifications set forth by the Board of Aldermen and Mayor.

Newly-elected or re-elected city officials begin terms on July 1, 2025. An elected chief would take office that day. An appointed chief would begin whenever the City has hired one. The Board would select someone, presumably already within the department, to lead in place of a chief until one is installed.

 

Click here to read the complete Notice of Veto.