POLICE SHOULD NOT FIGHT ISSUE, VIETS SAYS

After Columbia police Chief Randy Boehm, Boone County Sheriff Ted Boehm and
Boone County Prosecuting Attorney Kevin Crane issued a news release
yesterday to advocate defeat of the proposed Columbia marijuana ordinance,
Columbia attorney Dan Viets cried foul.

The law enforcement chiefs said in a news release that people possessing
small amounts of marijuana, with no prior criminal history and no other
extenuating circumstances, are already prosecuted through municipal court.

The news release also says that, if Proposition 1 is approved by voters, a
"paroled rapist, robber or burglar in possession of 34 grams of marijuana"
would receive the same treatment as a 17-year-old high school student, with
no prior violations of law, in possession of one gram of marijuana.

Proposition 1 would lower fines and punishment for those caught with 35
grams or less of marijuana and legalize medicinal marijuana.

"I hope to let the community know what the law enforcement view is on this
particular proposed ordinance," Chief Boehm said. "By including myself, the
sheriff and prosecuting attorney, we felt there would be more weight in our
combined message."

Viets questioned whether it's appropriate for law enforcement officials to
take public stands on proposed laws. A member of the governing board for
the National Organization to Reform Marijuana Laws, Viets advised the law
student who wrote the initiative, and he shares office space with the
political committee that supports the measure.

"I really resent the presumption by law enforcement that they should have
the ability to dictate what the law should be," Viets said. "They're in the
role to enforce the law, not decide what it should be. I defend their right
to speak out as private citizens but would question using public resources
to do so."

The law enforcement news release was faxed yesterday on Columbia Police
Department letterhead, using the police fax machine, Chief Boehm said. But
that doesn't mean the department did anything improper, he said.

"I would respectfully disagree" with Viets, Boehm said. "It is our job to
enforce the law and if this was to pass we would enforce it. But I also
think it is my job to let the community know the kinds of issues it would
raise within the law enforcement community."

Michael Reed, director of compliance with the Missouri Ethics Commission,
said public employees cannot use taxpayer funds to support or oppose a
ballot issue, but that does not prohibit them from making statements about
an issue. Specifically, he said, state law allows public employees to issue
press releases, such as the one police sent to media outlets yesterday.