Does Loudoun Need a Police Department?

Phyllis Randall (left) and Mike Chapman (right). Photo credit: Loudoun Times

by Ken Reid

The latest battle between the Left and Right in Loudoun is not over CRT, but PD – as in, “police department.” Should Virginia’s most-populous county transfer key law-enforcement functions from the elected sheriff to a newly created civil-servant police chief?

No crime problem in Loudoun is driving this debate. No scandals, budgetary issues, or layoffs are afflicting the sheriff’s office. Loudoun (population 423,000 and growing) is among the wealthiest in the nation.

Rather, this is a conflict between the three-term Republican Sheriff, Mike Chapman and Democrat Board Chair Phyllis Randall, now in her 2nd term, primarily over her desire to have a Police Oversight Board, which Chapman, like most law-enforcement heads, opposes.

The Democrat-controlled Board, which probably had the votes to put the issue to the voters, opted instead to hire the International Association of Chiefs of Police (IAPD) to study the matter and determine the costs.

I was a Loudoun supervisor (2012-2015), when we studied the PD issue and rejected it. The main obstacle, as the IAPD report noted, is the structure of Loudoun’s government, where the executive and legislative powers rest with the Board of Supervisors. Our report did not cost $500,000 like the IPAD report did, but IAPD did conduct a much-more detailed analysis. Among the conclusions:

  • The cost to adopt a PD in Loudoun could be as much as $307 million over 10 years, and result in a net annual loss of revenue the state gives in aid.
  • All sheriff deputies and employees would have to reapply for jobs with the PD because they are employees of the sheriff, a constitutional officer, not the county.
  • Crime is low and morale great in the Sheriff’s Department.

The biggest obstacle is that the County has to petition the court for a referendum, and then, if approved, the Virginia General assembly has to enact enabling legislation.

As IAPD reported “Loudoun County’s form of government is highly relevant to this evaluation, specifically as it relates to the issues of accountability, oversight, and jurisdictional authority.”

Loudoun has a “traditional” form of county government in which the Board of Supervisors has both executive and legislative authority, and where five constitutional officers including the sheriff are elected county-wide.

Only eight counties in Virginia have a police department and all but one (King George, just east of Petersburg) did so by adopting a “county executive/county manager” form of governing structure. King George has but 43,000 residents, and the county police department is the only police force. There are no towns or cities with departments as in Loudoun.

In order to firewall the chief from political interference by the board, Loudoun would have to adopt a county executive kind of government similar to Fairfax and Prince William counties, where the sheriff is still elected (to handle the jail, courts and process serving), but the Police chief reports to the County Executive, whom the governing body appoints.

In order to do that, a referendum has to be conducted  and 20% of registered voters in the previous presidential election have to sign it to put it on the ballot. That would necessitate some 45,000 signatures!

The Loudoun Board deferred that idea when it was discussed in April 2021, opting instead to go with the IAPD study.

Following a long public input session in which opponents and supporters seemed evenly split, the Board voted on April 5 by 8-1 to “look into what the minimum qualifications to run for sheriff should be in Virginia,” Loudoun Now reported. “The qualifications to run for sheriff are the same as any other Virginia elected office: that the person running have been a resident for at least a year and qualified to vote—or in other words, 18 years old, a citizen, and not a felon.”

The newspaper said the board’s resolution called for staff and IAPD to “ develop minimum qualifications to run for sheriff in Virginia. That is with an eye toward later asking the General Assembly to put those requirements into law—a state constitutional amendment.”

This is another delaying tactic, in my view.  I don’t see how the GA is going to approve a constitutional amendment for this.

But it gives time for the Democrats to gin up support for moving to a PD or to ensure Sheriff Chapman supports an oversight board. The General Assembly in 2020 gave that authority to cities, towns and counties, except sheriff’s departments.  The process for a PD referendum is outlined here: 

A referendum poses many political risks, and opportunities.

Republicans advanced the argument: “Why fix something that isn’t broke” and carries an exorbitant cost? Also, they can argue that an elected sheriff is more accountable than an unelected police chief. Democrats will argue that creating a PD gets the politics out of the office. They also can document Chapman axing employees for supporting his campaign opponents.

However, Loudoun voters do not seem to care about taxes and spending, nor even know that the sheriff is elected. Fiscal conservatism is dead in NoVa, as most voters work in well-paying jobs created by government largesse (notably, Defense and Homeland Security, and local schools).

Second, political advantage in Loudoun is still to the Democrats. Despite being highly educated, Loudouners of late are lemmings in the voting booth, doing whatever Democrats put on their sample ballot. Chapman and three other constitutional officers won re-election in 2019 by narrow margins. The fifth, the Commonwealth’s Attorney, went to the Democrats for the first time in decades due to help from George Soros’ anti-law enforcement PAC.

Third, Democrat supervisors on April 5 raised questions about why IAPD did not address the “diversity” of the sheriff’s office, leading me to believe they could use diversity as a sound bite in a pro PD campaign.

Despite 2022 looking like a GOP year in the midterms, if the Loudoun Board puts the PD issue to the voters this fall, I think the measure would pass — which begs the question….Would Loudoun be better off long-term with an appointed police chief insulated from politics, particularly if Democrats continue to maintain their advantage in county elections?

For me, as a nearly 20-year Loudoun resident, I surely hope voters will stay the course and not opt for a PD, and in 2023, get rid of CRT, too!

Ken Reid is a former Loudoun County supervisor and member of the Leesburg Town Council and currently lives in Tysons Corner. He is active in Republican politics in Virginia and authored the book, The Six Secrets to Winning ANY Local Election and Navigating Elected Office Once You Win.


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Comments

12 responses to “Does Loudoun Need a Police Department?”

  1. WayneS Avatar

    I classify the idea of a Loudoun Police Department as a ‘solution in search of a problem’.

    1. Ken Reid Avatar
      Ken Reid

      Correct. The County has very low crime. If it ain’t broke, don’t fix it.

  2. Eric the half a troll Avatar
    Eric the half a troll

    “For me, as a nearly 20-year Loudoun resident…”

    You are no longer a resident of Loudoun County and have not been for quite a while. Your opinion on what LC residents should do has as much relevance as my cousin who lives in PA’s opinion on the matter does.

  3. WayneS Avatar

    and all but one (King George, just east of Petersburg) …

    FYI – Prince George County is east of Petersburg. King George County is on the Northern Neck

    1. Nancy Naive Avatar
      Nancy Naive

      Monarchist! Anarchist monarchist!

    2. Nancy Naive Avatar
      Nancy Naive

      Monarchist! Anarchist monarchist!

  4. Dick Hall-Sizemore Avatar
    Dick Hall-Sizemore

    This is another example of the outdated constitution officer system. Of course, the governing body of a jurisdiction of more than 400,000 people should be able to exercise oversight of law enforcement within its boundaries. That is one of the fundamental functions of government. Why should the position in charge of law enforcement be a political one, independent of the governing body?

    The Virginia Sheriffs Association pushed through the referendum requirement a number of years ago when several counties were exploring the question of establishing police departments. If the few cases in which there has been a referendum, the question has boiled down to one of money. The state pays a significant share of the costs of a sheriff’s department, but not for a police department.

    Opponents of the Dillon Rule should push for repeal of this requirement and replace it with authorization for any county to establish a police department with law enforcement duties.

    Instead of seeking a referendum on establishing a police department, Loudoun County should seek a charter from the General Assembly. Although charters are usually associated with cities and towns, the GA several years ago authorized counties to seek charters and three counties now have charters–Chesterfield, James City, and Roanoke. With a charter, Loudoun could not only gain authority to establish a police department, but it could also abolish two other constitutional offices, Commissioner of Revenue and Treasurer, and replace them with a Department of Finance, thereby gaining complete control of its finances. Furthermore, Sec. 15.2-202 authorizes a locality seeking a new charter to forego a referendum and hold a public hearing instead. The actual charter would still have to be enacted by the General Assembly.

    1. Ken Reid Avatar
      Ken Reid

      Good point . My guess is that Phyllis Randall thought the study would prove her point, not backfire on her. So, they tarried with that vs. just getting their Democrat-controlled GA to give them a charter, and then the Sheriff would be gone and she could get her police chief. Bad strategery!

  5. James McCarthy Avatar
    James McCarthy

    Hall-Sizemore is correct. Time is long past for the Dillon Rule to be abandoned. Home rule for counties should be the rule as an enhancement to local government allowing the folks most interested and affected to decide rather than a distant Richmond body.

  6. Lefty665 Avatar
    Lefty665

    I’ve grown rather fond of Virginia’s constitutional officers over the years. They seem the essence of the idea of keeping governing close to the people.

    They have a fierce presence in the GA to preserve that structure and funding. I do not believe it would be easy to assemble a majority to change it.

  7. LarrytheG Avatar
    LarrytheG

    Every state has some version of Dillon – even “Home Rule” states in that there are State Laws that apply uniformly across the State and depending on the state, some of those laws are delegated in some fashion to localities.

    Things like VDOE regulations including SOLs and SOQ funding for required staff. (Without that some localities would not have nor pay for those positions).

    The criminal justice system is another – We’d not want 133 different versions of criminal justice.

    Things like highway design and signage and traffic signals standards.

    I see where Loudoun has put together a slide deck explaining the difference , pros/cons, etc:

    https://www.loudoun.gov/DocumentCenter/View/161344/Sheriffs-Office-vs-Police-Department—July-2020

  8. Posted on behalf of August H. Spier:

    Recently, the Loudoun County Board of Supervisors voted to look into what the minimum qualifications should be to run for sheriff in Virginia.

    By law, the qualifications to run for sheriff are the same as any other Virginia elected office: that the person running have been a resident for at least a year and qualified to vote—or in other words, 18 years old, a citizen, and not a felon.

    I do not agree with the idea that supervisors should expend Loudoun County resources to pursue a matter that does not pertain strictly to Loudoun County. I am firmly of the opinion that, if the individual supervisors feel so strongly about the issue of the qualifications that a candidate for sheriff should or should not have, they are perfectly welcome to spend their own money in pursuit of that research.

    Personally, I have no preferences who serves as sheriff as long as:
    – that individual is honest
    – has good judgement
    – has the good sense to select deputies and administrative staff that demonstrate they know their job.

    I do not care about the candidate’s age, gender, race, religion, political affiliation, or national origin.

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