The House Public Safety and Homeland Security Committee on Wednesday took up Senate Bill 298, a bill that would require certain large municipalities to meet a minimum police staffing threshold or face state intervention.
The legislation, sponsored by Senator Will Barfoot, R-Pike Road, passed the Senate on Tuesday. It applies to Class 3 municipalities, a category that currently includes Montgomery and Huntsville.
Under the bill, cities that fail to meet the required ratio of full-time law enforcement officers could face state action, including the appointment of a chief administrative law enforcement officer with authority over personnel decisions, administrative procedures, enforcement strategies, recruitment and retention. The bill also requires municipalities to reimburse the state for costs associated with such intervention.
Opponents on the committee raised concerns that the proposal amounts to a state takeover of a city police department.
Representative Chris England, D-Tuscaloosa, pointed specifically to language in the bill allowing the state to appoint a law enforcement officer to act “in all matters and for all purposes” regarding a city’s police department if staffing thresholds are not met.
“There is no other way to describe that than if you don’t meet this threshold on this side, we’re going to take over your police department. And I can envision a day in the future where that target moves, depending on who’s in charge of whatever location,” England said.
England argued that staffing shortages are not always the result of inaction but reflect a competitive hiring environment. In Tuscaloosa, he said, the city competes with the Tuscaloosa County Sheriff’s Office and the University of Alabama for officers, often losing candidates to agencies offering higher pay and fewer responsibilities.
“It’s not because the city doesn’t want to protect its citizens,” England said. “It’s because it’s very difficult to hire police officers in this environment.”
Representative Tashina Morris, D-Montgomery, echoed concerns about legislative overreach, arguing that voters should ultimately hold local officials accountable.
“When we have different things that take place in communities, we call it election season,” Morris said. “If we like what we have, we keep voting for it. If we don’t, we move forward to something different. It’s not for another county or other people to come in and make a decision about what it is we’re supposed to be doing.”
Montgomery Mayor Steven Reed addressed the committee, disputing claims that the city has failed to prioritize public safety funding. Reed said the city previously budgeted for 500 officers but revised the number after acknowledging it was unrealistic. In 2021-2022, he said, the city used excess funds to provide a 15 percent pay raise for officers in a single year and invested more than $11 million in new vehicles, equipment, technology and training.
“We did that because we knew the officers in Montgomery were underpaid, and we knew that we had some cushion in our budget that we didn’t, just didn’t think we could meet,” Reed said.
Reed added that the city is conducting another pay study to remain competitive and has sought federal funding for additional patrol vehicles.
Montgomery Police Chief James N. Graboys told lawmakers the department is committed to increasing staffing and said recent pay incentives have already boosted applications. He noted the department has increased recruiting efforts, including hosting open tryouts multiple times a month.
“We are 110 percent more than that, committed to putting more boots on the ground in Montgomery,” Graboys said.
While confident the department would meet the bill’s requirements within the grace period outlined in the legislation, Graboys said the proposal could undermine morale and recruitment. He warned that prospective recruits may hesitate to join a department perceived to be under threat of state intervention.
“It doesn’t offer any immediate assistance in increasing our numbers, but what it does offer is the implication that we haven’t been doing everything we can do to go forward. What it does offer is the implication that we’re subject to being taken over by another entity,” Graboys said.
Committee members approved SB298 by voice vote, giving the bill a favorable report.
