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Police Chief Sues To Oust Sheriff

Feb-02-07

The suit, filed on Jan. 12, states Smith, is in violation of the Texas Occupations Code because he is not a certified peace officer.

Jester told the Lufkin Daily News, "Basically, the reason I did it is for the citizens of the county because if I have to maintain my qualifications, then any other peace officer should too,"

Section 1701.302 of the Texas Occupations Code requires an elected law enforcement officer to obtain a license from the Texas Commission on Law Enforcement Officer Standards and Education within two years of holding public office.

Smith's time is up. He took office Jan. 1, 2005.

According to the commission, which oversees peace officer certification and licensing , Smith has taken all required certification training but has not yet passed the peace officer license exam.

Commission records show Smith took the exam in November and December of 2006, but failed both times.

Applicants have three chances to pass the test within a two-year period.

A Commission spokesperson told the Daily News, "Even though Smith still has another opportunity to take the exam, his time frame is up."

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