Laws vs. Rules - July 2022

As we have entered the phrased "dead of summer" apparently - "heat wise" anyways - I hope this month's article finds everyone doing well, surviving the warm temperatures and enjoying summer. 

Due to a couple brewing issues across our great county; over the past month, I've been contacted with several citizen questions as to the "(law) enforcement" of rules, regulations, conveyances, homeowners' association (HOA) by-laws as so on. 

As a reminder, in respect of statutory law, as a law enforcement agency, we are only able to enforce *criminal* law.  In our case, that being Missouri state criminal law!  Federal authorities enforce federal law. 

As to rules, regulations, conveyances, neighborhood by-laws, etc., our agency is legally unable to take action in any of these matters as, by law, they are considered civil situations.  With that said though, there are remedies available to the complainants(s) through the civil court system - which too is encompassed within the 13th Circuit Court of Missouri (Boone and Callaway counties) - for which your elected Callaway County judges hear cases!  On some rare occasions, as part of the civil court process, an Order of the Court directed to the Sheriff can be entered and then, our agency is able to proceed, as strictly directed by the Court.  However, without an Order of the Court - again, by law - our agency is unable to intervene in a civil matter involving rules, regulations or such. 

Please know, especially during times of heightened debate about a few issues across the county, this stance is not personal nor based on any person opinion; but instead, the *law* as enacted by our legislative branch for which law enforcement officers, as myself, are sworn to uphold.   When it comes to rules, regulations, etc. there are Court remedies available to concerned citizens whom choose to file a civil case and be heard by an elected judge. 

I certainly realize the interpretation of law - as in this case; criminal vs. civil - can be confusing at times and I'm most willing to further explain as so needed.  I'm a phone call or office visit away!

As always, I have an "open door" and telephone policy.  If any citizen has concerns, comments or suggestions, please feel free to contact me at the Sheriff's Office anytime.  While I may be hard to catch at times, I will always return a request for citizen contact.  I am elected by you, and thus, answer to you!

At your service, and respectfully, your Sheriff,

Clay Chism