For a short period of time, Perry had two police forces
Council minutes and a newspaper article about that time in Perry’s past. The time period this played out was 1958-1959.
[ Note ] - Mayor W. P. Carmichael was the owner of Carmichael's Shoe Store & Shoe Repair located at 211 E. Green St., the present location of Ina Padgett's State Farm office.
April 2, 1958 City Council Minutes
Transcript of Policemen Grievances
Honorable City Council
Perry, Florida
We, the undersigned Policemen of the Perry Police Department hereby respectfully call your attention to the way that our Chief, Walter P. Hamby has been acting toward us in respect to the performance of our duties in that he constantly nags or reprimands us even though we are trying to do our job assigned to the best of our ability. The relation between him and the Policemen undersigned, has reached a point where we can no longer work with him or respect him as a Chief of Police or a man.
We hereby tender our resignation if this matter cannot be cleared up by the Honorable City Council appointing a more competent person in his place.
Respectfully,
Floyd Odum
Leroy Grubbs
Billy Ball
Sidney Rogers
Sammy Barrs
William H. Barnes
April 2, 1958 City Council Minutes
6:30 P. M.
Special Session.
Members Present; Barney O'Quinn, Jr., C. P. Worthington, Paul Brannen, Members Absent; Joe Yarbrough and Joe Nola
The meeting was called on request of Mayor Carmichael to discuss with the Police Dept. their grievances that operation of the Police Dept.
A general discussion followed with each member presenting his grievances to the Council. There were no decisions made at meeting, the policemen were told after hearing their grievances that another meeting or some decision would be reached later.
A motion was made and carried that night policemen be employed on temporary duty until such time that the council may authorize permanent employment or reduce police force to present number of men employed.
Motion was made by Councilman Worthington and seconded by Councilman Brannen that in order to assure a better police training program an organization of Police Dept. that $150.00 be granted this program. Chief Hamby, Barney O'Quinn and Mayor Carmichael was appointed as a committee for working up a proposed training and job manual project, regular schedule meetings to be set for this Committee to meet and work on said project. It was agreed upon that the Policeman would be informed of this project also that each member of the Police Dept. would be trained under the new training program and it would be understood that everyone must qualify or he would be asked to resign.
There being no further business to come before the City Council, upon motion the City Council stood adjourned.
Clarence J. Giddens Barney O'Quinn
City Clerk President Protem
April 2, 1958 City Council Minutes
9:00 P. M.
Special Session.
Members present: Barney O'Quinn, Jr., Joe Yarbrough, C. P. Worthington and Paul Brannen.
Absent: Joe Nola
Meeting was called to order by President Protem, Barney O'Quinn.
The following business was to discuss with Chief Hamby the grievances presented by the Policemen. There was a lengthy discussion following in which the City Council questioned Mr. Hamby concerning the grievances presented by the Policemen.
There being no further business to come before the City Council, upon motion the City Council stood adjourned.
Clarence J. Giddens Barney O'Quinn
City Clerk President Protem
April 4, 1958 City Council Minutes
Special Session
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
The City Council met in special session for the purpose of discussing the police situation and Council President Joe Nola. Call the Council into executive session to discuss the problem.
The City Council discussed the problem in length, calling in Officer Blue and Ball for questioning concerning the action of the police dept. Mr. Nola, asked the Mayor if he had any reason why Chief Hamby should be released, and he answered, he did not know of any. A motion was made by Councilman O'Quinn and seconded by Councilman Worthington that police chief and Mayor, President of City Council meet with policemen and that they be informed that due to misunderstanding that there has been an undesirable condition created and that the police committee is in the process of setting up new organization & training program for police dept. and that the policeman be offered opportunity to be placed on Police Dept and that each man be trained and must qualify and if any policeman fails to qualify that this would mean he would resign. The motion was put for a roll call vote and the following vote was recorded.
Yeas, O'Quinn, Worthington, Nays Brannen, Yarbrough, the motion being tied was decided by the President Mr. Nola who voted Nay. The motion failed.
There being no further business the city council upon motion stood adjourned.
Clarence J. Giddens Joe Nola
City Clerk President
April 8, 1958 City Council Minutes
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
He City Council was opened in regular session by the president of the Council, Joe Nola and the following business was transacted.
Reading of minutes, read and stood approved as read.
Mayor Carmichael was present and presented the City Council with the following documents set out as follows:
April 8, 1958
The President
City Council, City of Perry
Perry, Florida
Dear Sir:
Pursuant to the authority vested in me by Section 2, Article 2 of the Charter of the City of Perry, as amended, which provides that "when in his opinion the public good requires, he (the Mayor) may appoint and discharge special policemen and detectives", I do now notify you that I, in my opinion, feel that the public good requires the services of special policemen for their protection at this time, and I have, effective this date, appointed the following as special policemen of the City of Perry, to-wit:
Floyd Odom
Leroy Grubbs
Billy Ball
Sidney Rogers
Sammy Barrs
William H. Barnes
In order that the special policemen hereinabove appointed have some competent individual to direct their activities as such special policemen, I do now appoint Floyd Odom the supervisor of these special policemen.
These special policemen shall receive as salary the same scale as is provided by Ordinance for the pay of regular police officers in accordance with length of service attributed to these officers by virtue of former employment with the City of Perry as of April 1, 1958, and shall perform the duties provided by such ordinances for regular officers.
Very truly, yours
Willard P. Carmichael
Mayor
April 8, 1958
The President
City Council, City of Perry
Perry, Florida
Dear Sir:
Pursuant to the provisions of Article 2, Section 3, of the Charter of the City of Perry, as amended, which provides in part "that the Mayor shall have power *** to supend any city officer for misconduct in office or neglect of cuty***, you are now notified that I do now, by such authority, supend the Chief of Police, to-wit, Walter P. Hamby, for misconduct in office and neglect of duty, such suspension to be effective immediately. You are further notified that pursuant to said Section and Article, I will report to you in writing at your next regular meeting my reason for such suspension, at which time you may either, pursuant to such Article and Section, approve or disapprove the same.
Very truly, yours
Willard P. Carmichael
Mayor
April 8, 1958
Mr. Walter Hamby
Chief of Police
Perry, Florida
Dear Mr. Hamby:
Pursuant to the authority vested in me as Mayor of the City of Perry, because of your neglect of duty and your misconduct in office, all of which will be specified to you in detail prior to the next regular meeting of the City Council of the City of Perry, I do now suspend you from your duties as Chief of Police and direct that you deliver to me or to my duty constituted representative, all emoluments of office and all equipment and other property of the City of Perry which you may have in your possession.
From and after this date you shall have no authority as the Chief of Police of the City of Perry or as any officer or employee of the City of Perry until such time as the City Council shall, at its next regular meeting, which will be on April 22, 1958, confirm this suspension.
Very truly, yours
Willard P. Carmichael
Mayor
So that all of the citizens of the City of Perry may understand specifically the official position of the Mayor and so that all citizens will know how I feel and know what I believe without the intervention of conflicting rumors, I make this statement:
When the five police officers resigned on April 3, 1958, the City of Perry was left without effective law enforcement by its own police officers. Through the efforts of our sheriff and through the volunteer efforts of our citizens, temporary law enforcement was maintained.
The City Council held special meetings, which I attended, in an effort to provide for the City a stable Police Department. Unfortunately, no solution to a difficult problem could be worked out, and as late as today, April 8, the City of Perry found itself without adequate law enforcement.
In my position as Mayor I had, several months ago sought the advice of the City Attorney, Mr. Byron Butler, as to my duties but I never received, in my opinion, any specification of exactly what my duties consisted. Therefore, in my official capacity as Mayor, I sought the opinion of the Attorney General of the State of Florida. The Attorney General, on September 25, 1957, furnished me with a copy of the applicable charter provisions, together with his opinion as to the legal effect thereof.
Pursuant to the opinion of the Attorney General and to the authority contained in the Charter of the City of Perry, I determined that the Chief of Police, Mr. Walter P. Hamby, has seriously neglected his duty, which neglect is the primary cause of our law enforcement being in its present state. In order to correct this situation I have, in my official capacity as Mayor, suspended Mr. Hamby as Chief of Police. I realize that my suspension is effective only until the next regular meeting of the City Council, which will be held on April 22. I am hopeful that at that time any differences that exist as between me and the City Council may be resolved.
I have also, effective today, pursuant to the authority vested in me, appointed several Special Policemen whose duties as such Special Policemen will be to provide the City of Perry with police protection and law enforcement until a permanent organization can be secured. I am also investigating the advisability of appointing detectives for the purpose of determining whether or not there may be a connection between any organized vice or crime in the City and our present disturbed situation.
I hope that the citizens of Perry will recognize the necessity of such drastic action and I call on all responsible citizens to aid and assist the Special Policemen that have been appointed and to cooperate with them and with me and the City Council to the end that by working together we can establish good, honest and efficient law enforcement for our progressive city.
After reading of the above documents, the Mayor excused himself and announced that he was returning to his residence.
The Council President, to insure the peace and welfare called the City Council into an executive session for a discussion on the Mayor's actions.
The Mayor was called at his home by Councilman Worthington and was requested to come down to the City Hall and accept Mr. Hamby's emoluments. The Mayor did not speak to Mr. Worthington, but instructed his wife to convey the instructions to the City Council, "My instructions are to have Mr. Hamby turn over his emoluments of office to Mr. Floyd Odom."
Mr. Odom accepted for the Mayor.
The Council President, Joe Nola, then declared the executive session over and the City Council then called the general public back into the Council room and informed them that the City Council would accept the Mayor's suspension of Mr. Hamby until the next regular session of the City Council.
The City Council President then invited anyone present to be recognized to express their view, and no one present asked to be recognized.
The President of Council then announced that the City Council would proceed with their regular order of business.
Mr. Douglas Poppell representing the School Board, appeared before the City Council and requested that the City cross Ash St. with a water line from the North side and five service to the new school building. Mr. Poppell was instructed to contact Mr. Folsom and work up the project and refer it to the water committee.
The City Clerk requested a $5 a week raise for Mrs. Hubbs and Mrs. Austin. A motion was made by Councilman O'Quinn and seconded by Councilman Worthington and passed by the City Council that raise be granted.
A motion was made by Councilman Yarbrough and seconded by Councilman O'Quinn and unanimously passed by the City Council, that the following men be placed on Police payroll:
Woodrow Ellison,
M. W. Mackey,
Wayne Morgan,
Vernon Brickley.
Mr. Charles Worthington informed the Council that he had been approached by Mr. McKinnley Maddox for a taxi license. The Council took the matter under advisement and instructed the City Clerk to check the approved number of taxies and inform them if there was a vacancy for taxi license.
There being no further business the City Council, upon proper motion, stood adjourned.
Clarence J. Giddens Joe Nola
City Clerk President
April 8, 1958 City Council Minutes
8:00 A. M.
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
Also present: Mayor Willard Carmichael
He City Council was opened in special session by the president of the Council, Joe Nola and the following business was transacted.
The City Council met in special session for the purpose of discussing the police situation and for consideration of the appointment of a Temporary City Marshall.
The City Council discussed the police problem with Mayor Carmichael and asked that the Mayor and City Council work together to work out a solution to the problem.
The City Council outlined a proposal to the Mayor that the City employ a temporary City Marshall and that the Mayor and City Council work together in building a permanent police force. That the special policemen appointed by the Mayor be discharged when the permanent Police force is up to full force, and within a reasonable period of time.
The Mayor refused on the grounds of the dismissal of special policemen appointed by him.
Motion was made by Councilman Yarbrough, that Sam Blue, be appointed temporary City Marshall, and that he be given full charge over all Policemen, both special and permanent, to become effective immediately. Seconded by Councilman Brannen. On roll call vote the following vote was recorded: Yeas, Yarbrough, Brannen, Worthington, Nays, O'Quinn. The motion carried.
There being no further business the City Council stood adjourned upon motion.
Clarence J. Giddens Joe Nola
City Clerk President
April 8, 1958 City Council Minutes
8:00 A. M.
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
Also present: Judge Butler, Mayor Carmichael, and States Attorney Slaughter
The meeting was called to order by President Nola and opened with a prayer by Rev. Alva Horton. The roll was called and minutes of the last regular meeting of the Council on April 8 and the special session on April 14, were read and approved.
The discussion was opened by President Nola saying that rumors were being circulated concerning organized vice and crime in our city and that it was the intention of the Council to get to the bottom of this matter. He further stated that the Council was very disturbed about this and most anxious to clear up the matter. He said that States Attorney Slaughter had been invited to sit in on this meeting and listen to any statements given. President Nola asked if there were any statements at this time. The following discussion ensued.
States Attorney Slaughter - I am not your legal advisor here tonight, I'm only here to listen. If there is any truth in these rumors, my office will be very interested in them.
Mayor Carmichael - Am I correct in saying that I am only presenting my charges and am not actually under oath?
Judge Butler - The Charter is silent on this question.
Mayor Carmichael - I have given my statement to the Council and would like it read.
April 22, 1958
The President and members
The City Council
Perry, Florida
Gentlemen:
On April 8, 1958, pursuant to the authority vested in me as Mayor of the City of Perry, I suspended Chief of Police Walter P. Hamby. Pursuant to the Charter of the City of Perry I am required to report this action to you, together with my reason therefore, at the next regular meeting of the Council for its approval or rejection.
At a special meeting of the City Council held on November 11, 1957, it was brought force ably to the attention of the City Council that the ordinance of the City pertaining to gambling and the beverage laws-referring particularly to bolita and to the moonshine whiskey traffic - were not being enforced as shown conclusively by the fact that on that date the Council, by motion, directed the Chief of Police to enforce these ordinances.
As Mayor of the City of Perry, one of my duties it to sit as the Judge of the Municipal Court. Prior to November 11, 1957, and as far back as the day I first held court as such Mayor, no case involving a violation of the beverage laws by the sale or possession of moonshine whiskey, and no case involving the gambling laws as they pertain to bolita, had ever been brought before us. Subsequent to November 11, 1957, and up to April 8, 1958, the data when the Chief of Police was suspended, no case involving such a violation had been presented to me, although the Council had specifically directed that such laws and ordinances be enforced.
What all the citizens of Perry know, the City Council must also know, and it must be known that on April 8, 1958, Perry was a "wide open" city as far as gambling, bolita, and moonshine whiskey are concerned. Subsequent to the 8th day of April, 1958, as I have now been informed, all those places of vice and corruption that had previously operated without restraint prior to April 8, 1958, are now either closed, or if remaining open, have so curtained there activities that even the pinball machines have been removed. This fact alone should be conclusive proof of the neglect of duty, or of the misconduct in office, if not please, of the former Chief of Police, Walter P. Hamby.
Having previously reported to you that I have suspended Walter P. Hamby as Chief of Police, and now having by this letter reported to you my reasons for such action, as I am required to do pursuant to Article 2, Section 3, of the Charter of the City of Perry, I respectfully urge that, upon consideration you uphold my action in suspending the said Walter P. Hamby.
Respectfully submitted,
Willard P. Carmichael
Mayor
Statement
April 22, 1958
I have today notified the City Council of my reasons for suspending Walter P. Hamby as Chief of Police as I was required to do by the provisions of Article 2, Section 3, of the City Charter. The letter containing my reasons has been handed to the Clerk and will be read in open meeting by him.
Since April 8, 1958, many things have transpired concerning our police situation that have tended to bring into focus the need for constructive planning, clear thinking, and a sense of honesty, decency and fair play. It is my belief that in democratic government, the feelings and beliefs of the individual citizens should certainly be considered, with the principle "the greatest good to the greatest number" being always paramount. A conscientious following of these democratic principles requires constant negotiation, compromise and tact on the part of all elected to public officials.
I am particularly concerned with the fate and the wellbeing of the five policemen who resigned some time ago in protest of the activities of former Chief Hamby and I am sympathetic with their families. Commensurate with good city government I intend to provide them with an opportunity to be fully heard and an opportunity to clear themselves of any hint of neglect of duty or misconduct in office, to the end that having accumulated among them several years of service with the City, that service may be recognized and respected. However, I hold the welfare of the entire city to be more important than this or any other group in the city, and it is my belief that the dignity of the City of Perry is being offended by the insinuation of petty political considerations into the entire picture of city government.
I do not believe that the right-thinking and honest citizens of Perry will longer stand idly by and allow this fair City to remain "open" as concerns moonshine whiskey and bolita operations, regardless of whether or not our next City Council or our next Chief of Police is inclined to believe that these rackets aid and promote the cause of good city government. I believe that the citizens of Perry, from all that has been spoken and written within recent weeks, have made themselves aware that establishments, which on the 8th day of April were operating full blast as far as the sale of moonshine whiskey or bolita tickets is concerned, have now closed their doors, and to use the words of one of the policemen now on special duty with the city, that the heat is on, and these places have closed their doors. I think the good people of this community want to keep those doors closed.
Without intimating that the City Council of the City of Perry desires anything but fine city government for this town that has placed them in office, I would suggest that the City Council, in conjunction with the Mayor, appoint a Citizens Committee by ordinance enacted in accordance with the Charter so that the standing of the committee would be legal, for the purpose of determining first, after a full and fair hearing whether or not the five police officers now serving as special police are qualified policemen, and were so qualified on April 1, while they were still on duty as police officers, and whether or not, as such police officers, they were properly performing their duties. If they were so properly performing their duties and were qualified police officers of the City of Perry, they should be re-appointed as part of our regular police force to the came position that they were not properly performing their duties and were not qualified police officers, they should make such findings and I would approve them.
I think that the committee should, second, receive applications from all persons interested in becoming Chief of Police of Perry, whether those persons be local or otherwise, and, based on the qualifications presented and on one person, either local or otherwise, for the position as Chief of Police.
In the spirit of fairness, I think that in the appointment of the committee, the statute concerning the appointment of a Board of Arbitration should be followed, which, I am informed, is substantially in accordance with these principles. That the city council should provide for the appointment of two of the five-man board; that the Mayor should be allowed to designate two; and that these four so designated should choose a fifth, who would be the Chairman. Should this procedure be followed, I will unqualifiedly stand behind the recommendations of this committee. Both as to the Chief of Police and as to the members of his force. Upon the recommendations of the committee being accepted, the employment of any special police who have been appointed by me would be terminated, and Perry then could embark upon a period of proper, dignified, city government.
In making this suggestion of a painless and inexpensive way to accomplish a proper and successful result, I am not, in any way, retracting from my position that, insofar as it is in my power to do so, I will follow the mandates of the City Charter and will devote my full energies to providing, insofar as it may be possible, good, honest, clean and decent government for the City of Perry, without hint of racketeering, pay-off or vice. In suggesting this conference committee, I have patterned my thinking after the conference committee system used by the Florida legislative branch are unable to settle their differences otherwise than through such a committee. Invariable, harmony results. I hope that the City Council, in reviewing this proposal, may accept it in the spirit in which it is given, and that all right-thinking citizens will also join together in fostering this committee to the end that the City of Perry will be profited thereby.
O'Quinn - What I interpret, and you correct me please if I am wrong, Mayor, since you had no arrests during this period of time, you are saying this is conclusive evidence that the Chief of Police was not doing his duty. I would like to ask why there were no arrests made during this time. I would like to direct my question to Mr. Hamby first. This might not be conclusive evidence, he might have been doing his duty and just not caught anyone.
Brannen - Mayor, do you have any actual evidence to substantiate these accusations.
Mayor Carmichael - I will have. The Beverage Department was down recently and caught someone selling moonshine and the State caught someone selling bolita.
Brannen - We have a murder occasionally, too, but you can't say it's the usual thing. You can't say these things are "going on" just because it happens once in awhile.
Mayor Carmichael - I am not going to prove anything tonight. I am only presenting my charges.
Brannen - We can't do anything without proof.
O'Quinn - I had my mind made up before I came tonight that I was going to give everybody the benefit of the doubt. We should disregard rumors and "street talk" and look at this thing with an open mind and unbiased opinion. There are a few questions that will have to be answered. I will get back to my question to Mr. Hamby. Did you see anything illegal going on for which an arrest should have been made?
Hamby - No, I have not seen anything. As for as bolita is concerned, I think it will have to be investigated by someone from out of town because they don't even use tickets. You can't get any evidence without tickets. There have been Beverage men and State men here but they haven't made any bolita arrests. This Police Department has not had the time nor money to run down gambling in addition to its regular duties.
O'Quinn - Have you seen anything going on?
Hamby - They asked me to stop gambling after November 11 and I did. Everyone knew it was going on.
O'Quinn - We are right back where we started. I will say that there was some gambling stopped after November 11. I would like to question some of the policemen who made the statements that came out in the paper. I would like these men to testify on this.
Judge Butler - I suggest that we set a hearing date so that both sides can prepare their statements.
Worthington - I think Mayor Carmichael and Mr. Hamby should both have a chance to get their witnesses and we can get this thing cleared up once and for all.
Nola - Would Friday night be long enough to get your statements prepared?
Carmichael and Hamby - Yes
Nola - There will be a hearing Friday night at 7:00 P. M. to investigate this matter further.
O'Quinn - I think everyone should be able to present their evidence and reach a conclusive agreement.
Butler - This is the only way it can be done.
Nola - Would anyone else like to make a statement?
Citizen - Hamby should have stopped that if he knew it was going on. Wasn't he supposed to stop it without the Council telling him?
Nola - Yes, he was.
Brannen - What about these other officers who were on the force? Why didn't these men stop it if they saw it going on?
Citizen - When you work for a man you do what he says.
Brannen - If I took that oath of office and couldn't perform my duties, I'd turn in my badge.
Citizen - Five of them did.
Brannen - Why didn't these men report it to us. Did they report it to you Mayor?
Mayor - Yes
Brannen - Why didn't you report it to us?
Mayor - I tried to but there was such an argument that we couldn't discuss it.
Yarbrough - Mayor, do you remember at the meeting we asked you if you knew of any reason why these men felt the way they did toward Mr. Hamby and you said you did not.
Mayor - I didn't have any proof then.
Slaughter - I'd like to say a word if I may. A lot of you people may be wondering what I'm doing here tonight. The States Attorney's Office is mighty interested in the violation of these laws, and we will not put up with it. I want to give warning to the City Council, the Mayor, and the police Force, that if there is any truth in these rumors, we will most certainly investigate and call a Grand Jury. We don't care who the Chief of Police or the City Marshall is but we are interested in vice and crime if that is going on. I didn't come over here to get into any political hassle. We are getting a lot of complaints in our office about your business down here and we intend to keep out of it as long as possible. You have a progressive town here and you should be man enough to run your city. We are interested in this violation of law. I have had a lot of rumors come to me from both sides but I can't go by these. If there is any evidence that gambling is going on, we are going to summons all these people before a Grand Jury regardless of who they are and I want to make this warning as strong as I can to everyone within the sound of my voice. It is not my duty to tell you how to run your city, or how to hire and fire, but I will say that you are not going to be in any more pickles like you are now. I did not come here to cause any ruckus, but for the sake of the people who live here and who have complained to me. I say to you "get your names out of the paper and clear this thing up." Hear both sides of it and I know that there is a lot of rumor going on. I can not believe but one thing though, and that is that all of you want to clear this thing up. I am going to come back Friday night and listen. I hope that my being here is not misconstrued. If there is proof of any misdemeanors, there will be a Grand Jury called immediately.
Nola - Thank you, Mr. Slaughter, the Council will now proceed with their business portion of the meeting.
April 25, 1958 City Council Minutes
8:00 A. M.
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
Also present: Judge Butler, States Attorney Slaughter, and Walter Hamby
Thr meeting was called to order by President Nola and opened with prayer by Rev. Grigsby. The roll was then called by the Clerk and Pres. Nola asked the clerk to telephone the Mayor and inform him that the Council awaited his arrival. When the Clerk returned to the room, he made the following statement.
"I was asked by the Council to call Mayor Carmichael and ask him to come to the meeting. I have just returned from making the call. I did not talk with the Mayor, I talked with his wife and she informed me that Mayor Carmichael felt that since his legal advisor, who has been his advisor since the beginning of this thing, could not be present, the Mayor thought it advisable to wait until such time as his legal councilor could be with him."
Pres. Nola - The Council will now retire for an executive conference with legal council to discuss this.
(The Council retired for a brief discussion with Judge Butler. Upon their return to the room, the following ensued.)
Pres. Nola - As you know, at the last meeting of your Council we set the date for tonight to try to wind this case up. It was agreed upon by all parties concerned. At 3:03 this afternoon we received the following telegram:
Western Union, April 25, 1985 3:03 P. M.
Clarence J. Giddens
City Clerk, Perry, Fla.
As attorney for Mayor Willard Carmichael, I find it impossible to attend the meeting tonight and have so advised the Mayor I can be available on the evening of Friday, May 2, 1958, should the meeting be postponed until that time.
H. Howard Williams
There is no explanation given as to why he would not come. We had the meeting all set up, we came here with open minds to hear all the facts of this case and reach a decision. We, the Council, feel that we owe it to the citizens of Perry to end this thing tonight.
Section 2, Article 3 of the Charter of the City of Perry reads as follows:
"The town council shall judge of the qualifications, election and returns of its members; it may choose its regular procedure, and may prescribe a penalty for non-attendance of its members and for their disordered conduct, and enforce the same and two-thirds of its members concurring it may expel a member for improper conduct in office. A majority of the members of the council shall be required to form a quorum for the transmission of business."
Section 3, Article 2 of the Charter of the City of Perry reads as follows:
"The Mayor shall have power to bid in or have bid in property for the town at all tax sales and judicial sales, and sales under process of law, when the town is a party; to make pro tempore appointments to fill vacancies caused by sickness, death or disability of any town official, and to suspend any town officer for misconduct in office or negligent of duty, reporting his action with his reason therefor in writing at the next regular meeting of the town council for its approval or rejection; but he shall not have power to suspend members of the town council or fill vacancies in membership of the same."
Section 5, Article 2 of the Charter of the City of Perry provides as follows:
"That the Mayor shall have general supervision over all town officers, but not over members of the town council, and may examine into the condition of their officers, the books, papers and records therein, and the manner of all violations or neglect of duty on the part of any town official that may come to his knowledge."
As provided by said Section 2 of Article 3 of the City Charter, the City Council tonight is assembled for the purpose of hearing evidence on the charges preferred against Chief Walter P. Hamby and is desirous that both sides be allowed an opportunity to present any evidence pertinent to the question involved.
In order to have and conduct the hearing in an orderly manner, the City Council as provided by its Charter, has decided upon the following orderly procedure to be followed at the hearing to night.
1. All witnesses will testify under oath.
2. All witnesses will be subject to cross examination by the members of the Council and their representatives, and Chief of Police and his representative.
3. All witnesses will be required to leave the hearing room and will be in the hearing room only at such time as he or she is testifying.
The City Council is regulating the procedure at this hearing in order to conduct and maintain the hearing in an orderly manner and in order that all interested parties may have an opportunity to hear and observe and that both sides be given a fair and impartial opportunity to present all of its evidence.
In order to present this case in a proper and orderly fashion, all witnesses will testify under oath and will be subject to cross examination. All witnesses will be required to leave the hearing room and be in the hearing room only at such time as he testifies. Is there anyone here prepared to testify in this case? (Pause) If there is anyone here who wishes to appear as a witness, please step to the rail and be sworn in.
O'Quinn - I would like to ask any of the policemen if they have anything to say.
Policemen - We have nothing to say until our legal advisor gets here.
O'Quinn - We are only interested in the truth being presented and that is the purpose for this meeting tonight. I don't see why we have to depend on any outside lawyer.
Policemen - We have been advised not to say anything until our legal advisor gets here.
Pres. Nola - I will now read the charges made against Chief Hamby by the Mayor.
April 22, 1958
The President and members
The City Council
Perry, Florida
Gentlemen:
On April 8, 1958, pursuant to the authority vested in me as Mayor of the City of Perry, I suspended Chief of Police Walter P. Hamby. Pursuant to the Charter of the City of Perry I am required to report this action to you, together with my reason therefore, at the next regular meeting of the Council for its approval or rejection.
At a special meeting of the City Council held on November 11, 1957, it was brought force ably to the attention of the City Council that the ordinance of the City pertaining to gambling and the beverage laws-referring particularly to bolita and to the moonshine whiskey traffic - were not being enforced as shown conclusively by the fact that on that date the Council, by motion, directed the Chief of Police to enforce these ordinances.
As Mayor of the City of Perry, one of my duties it to sit as the Judge of the Municipal Court. Prior to November 11, 1957, and as far back as the day I first held court as such Mayor, no case involving a violation of the beverage laws by the sale or possession of moonshine whiskey, and no case involving the gambling laws as they pertain to bolita, had ever been brought before us. Subsequent to November 11, 1957, and up to April 8, 1958, the data when the Chief of Police was suspended, no case involving such a violation had been presented to me, although the Council had specifically directed that such laws and ordinances be enforced.
What all the citizens of Perry know, the City Council must also know, and it must be known that on April 8, 1958, Perry was a "wide open" city as far as gambling, bolita, and moonshine whiskey are concerned. Subsequent to the 8th day of April, 1958, as I have now been informed, all those places of vice and corruption that had previously operated without restraint prior to April 8, 1958, are now either closed, or if remaining open, have so curtained there activities that even the pinball machines have been removed. This fact alone should be conclusive proof of the neglect of duty, or of the misconduct in office, if not please, of the former Chief of Police, Walter P. Hamby.
Having previously reported to you that I have suspended Walter P. Hamby as Chief of Police, and now having by this letter reported to you my reasons for such action, as I am required to do pursuant to Article 2, Section 3, of the Charter of the City of Perry, I respectfully urge that, upon consideration you uphold my action in suspending the said Walter P. Hamby.
Respectfully submitted,
Willard P. Carmichael
Mayor
Is there anyone who wishes to testify either for against Mr. Hamby?
Is there anyone who wishes to speak on behalf of the Mayor?
O'Quinn - We want you fellows to realize one thing, we came here tonight to settle this thing once and for all. If evidence is to be presented, we want to hear it.
Worthington - I don't see why the legal advisor makes any difference. If there is anything to be said, we want to hear it.
Nola - this Council came here tonight to make a decision and they will make one tonight. This thing has dragged on long enough. Are there any witnesses for or against.
O'Quinn - Is there anyone going to testify as to the truth in the charges against Walter Hamby? You cannot convict a man with charges without evidence being presented, and we are asking you for that evidence. If you have any, we want to hear it.
Policemen - I don't think we have to say anything tonight without our lawyer.
O'Quinn - Mr. Odom, I've known you all my life and as far as I know, you are a fine honest man. You don't need a lawyer to do your talking for you.
Policemen - that's true, too, but we're not saying anything tonight.
O'Quinn - I make a motion that the Mayor's suspension be denied and Walter Hamby be reinstated as Chief of Police of Perry.
Yarbrough - I second it.
Citizen - We'll remember this next election!
O'Quinn - I want to sleep nights, too.
Nola - There has been a motion duly made and seconded that the Mayor's suspension of Walter Hamby be denied due to lack of evidence and that he be reinstated as Chief of Police of the City of Perry. Is there any discussion? Clerk, May we have the roll call, please?
(The Clerk gave a roll call and all present answered "Yea.")
Nola - So ordered. The policemen appointed by the Mayor are no longer employed by the City and are hereby instructed to hand in their badges. Mr. Slaughter, would you like to say anything?
Slaughter - I won't to tell you again that I did not come here to tell you who to hire and fire. I have had a lot of people come to my office and telephone me about things in Perry. The Mayor has made accusations concerning gambling and moonshine and we are interested in these. There will be an investigation of these charges next Wednesday morning at 10:00 A. M. I have a list of names and I am going to summons these people to testify as to the time and place that these activities have taken place. If there is any evidence of misdemeanor, a Grand Jury will immediately be called and the persons involved indited and put on trial. As you know, it is not my duty to tell you how to run this city, but it is up to me to see that the law is enforced and I intend to do this. There will be a through investigation made of the matter and if these accusations are true, we will prosecute these people. Any citizen is invited to come and meet with me and if there is anything he has to offer on this business of law enforcement, I have got to have it under oath. Now, any of you, not only in the City but anywhere in Taylor County, who wishes to give information, I will be glad to hear them. All statements will be taken by the recording clerk and typed for your signature and approval as to correctness. If it develops that there is any violation of the law, I will file this information and these people will go on trial. Let me impress you as strongly as I can that I am a friend of the Mayor and the Council but that personalities are not involved and I will be glad to discuss this situation with anyone who wishes to state anything. I would come sooner than Wednesday, but we are now holding court in Live Oak and have a full docket. This will be the first opportunity I have. Even if you do not get a summons and have something to say, please come to see me. There will be just you, me, and the Court Reporter and anything you say will be strictly confidential, and will not be made public. We can't run our business that way. Come to me on Wednesday if you have anything to say because we have to get to the bottom of this thing as to its truth or not. I will be here for another hour and will be glad to discuss this with anyone who wished to come forward. I will issue summons but if I miss you, and you want to make a statement, please come on. I will be here a little while tonight and will be glad to help you any way I can.
O'Quinn - I would like to make a motion for one more thing to go on record. There has been some misunderstanding about the orders given to Chief Hamby concerning gambling laws. I'd like to make a motion that the Chief of Police be instructed to enforce gambling and beverage laws according to the laws of the City of Perry and the laws of the State of Florida.
Worthington - I second it.
Nola - A motion has been made and seconded that the Chief of Police of Perry will enforce the gambling and beverage laws set forth by the City of Perry and the State of Florida. May we have a roll call, please.
(Clerk gave the roll call and all present answered "Yea")
A motion was made by Yarbrough and seconded by Worthington that the suspension of police employees; Mackey, Ellison, Morgan, Fennell; dated April 25, 1958, be denied and not honored and that the suspension be not recognized for the following reasons:
1. Arbitrary and unreasonable
2. No grounds or reason for such suspension stated.
3. Same is not authorized by the Charter of the City of Perry under such circumstances.
Motion was made seconded and upon roll call, the following vote was recorder;
Yeas: Worthington, Yarbrough, Brannen, O'Quinn.
Nola - So ordered. Is there any other business? The meeting stands adjourned.
May 6, 1958 City Council Minutes
6:00 P. M.
Members present: Joe Nola, Paul Brannen, Joe Yarbrough, Barney O'Quinn, Jr., C. P. Worthington.
The meeting was opened in regular form by the president of the City Council, Joe Nola, and the following business was transacted.
The reading of minutes and stood approved as read.
(transcriber note: The council spent some time discussing a bond resolution. The following letter was submitted by the Mayor Carmichael)
The President and Members
Town Council
Perry, Florida
Gentlemen:
On April 26, 1958, I again suspended Chief of Police Walter P. Hamby. Since your body has seen fit to refuse to uphold my past action and since you have refused to recognize my present action, I do not believe it would accomplish any worthwhile purpose to again give you my reasons for such suspension. The situation which I have complained of and upon which I base my suspension is a matter of common knowledge in Perry and a majority of the people in Perry are aware of that situation. It is an existing fact you and others can't see, can't believe, will not see and will not believe.
However, for what it is worth, I further report to you that the special police force of Perry made an arrest for possession of non-tax paid whiskey (moonshine), Saturday night, May 3, 1958. One of the arresting officers was followed home that night and threatened with physical violence. Keep in mind that this is the same police force you have refused to pay for their labor.
It is sometimes difficult to believe that in this day and time our city can remain in such a disgusting and frightening condition with impunity.
I went to make it perfectly clear to your body and to all concerned that I have exercised all within my power to rid our city of those vices I have heretofore reported. Calling me a liar and heaping other epitaphs on me will not change Perry and will not change me. At this stage I am not completely disillusioned - I still have confidence in the people of Perry and of Taylor County.
Respectfully submitted,
Willard Carmichael
After hearing Mayor Carmichael's letter being read, Mr. Nola ask the City Council their reaction and the City Council stated that they were all in accord and that they considered the matter closed.
Mr. Williams - was present and stated that Mayor Carmichael had presented his charges and that was as far as he could go.
Mr. O'Quinn - What I would like to know is; how can we do anything without any witnesses?
Mr. Williams - The Mayor's authority can not go beyond the City Council's authority, after he has presented his charges the rest is up to the City Council.
Mr. Nola - Mr. Worthingon do you have anything to present at this time?
Mr. Worthington - No
(Transcribers note: The Mayor was not mentioned again and the meeting was adjourned.)
Newspaper article dated October 1, 1959
Kay Porter New Mayor
Sam Blue Heads Police
Both Pledge Co-operation
R. Kay Porter was appointed Mayor of Perry Friday night to succeed W. P. Carmichael who resigned Wednesday after a dispute with the city council over appointment of a police chief.
In a second action Friday, the council appointed Sam T. Blue, a veteran of five years on the force, as chief of police. The new mayor promptly approved the appointment and pledged close cooperation with both the city council and the new chief.
Former Mayor Carmichael and the city council had also disagreed over the salary to be paid the mayor who also acts as municipal judge. An offer of $125 per month plus $2 for each court conviction was declined by Carmichael.
The dispute over appointment of a police chief began over a year ago and became a campaign issue in this year’s city election. Two members of the present council, B. A. Hendry and Joe Millinor, Sr., took office in August. The new council approved Mayor Carmichael’s request that Chief W. P. Hamby be asked to resign.
James Hanks was appointed acting head of the department and the new dispute arose when Carmichael requested that Hanks receive permanent appointment. The council asked that a person longer in residence here be appointed. After several meetings on both this issue and that of salary, Carmichael submitted his resignation which was accepted “with regret.”
During the original arguments last summer, Perry was briefly served by two police forces, one appointed by the mayor and another hired by the council.