WASILLA -- In the little city of Houston, Mayor Roger Purcell is top dog -- and by city code, chief law enforcement officer.
But his decision to pull over a Big Lake driver last month has some people wanting him leashed.
Purcell says Ron Johnson cut across a double-yellow line to pass him on January 15 as Johnson headed home west of Wasilla. He says Johnson was going too fast for the icy road condition. Purcell called Houston police to report a reckless driver, then flipped on the flashing lights affixed to the front of his white BMW X5 and signalled Johnson to pull over.
Johnson, 71 and a heavy-equipment operator, said the roads were slushy but not bad, and contends he was driving the speed limit while Purcell was poking along at 45 or less. He pulled over but is now contesting the $160 ticket written when Houston police showed up.
He has an explanation for why he maybe crossed the double line: After being out of state since September when the lanes were re-striped, Johnson said he didn't know the spot was no longer a passing zone. Snow obscured the lines that day. State Transportation Department engineer Todd Smith said Johnson could be right; the no-passing zone was extended through there last fall.
Johnson has also complained to the state Police Standards Council that the mayor of Houston had no business acting like a cop on a country road, pulling people over. He says he'll sue the city and Purcell personally if that's what's needed to "shut him down."
The mayor, a former cop, says state and city law gives him the right to take action, and his duty to public safety imposed an obligation.
"It was a dangerous situation. We had just had two days of school closures (due to bad roads). I guess if someone is breaking the law in the city of Houston we should just bury our heads in the sand" Purcell said.
Still, should a mayor be policing the roads, even if he's legally allowed to
"If he can put lights on his car and pull people over, somebody is going to get shot doing that. If I'd have known it was the Houston Mayor, I wouldn't have pulled over," Johnson said.
Elizabeth Manfred, a local government specialist, said state law gives mayors and city managers -- even in big cities like Anchorage -- the right to take charge in an emergency. However, she doesn't recommend they double as beat cops.
According to Patty Ginsburg, chief of staff for Matt Claman, the acting mayor of Anchorage said he would be "hard-pressed to imagine any circumstance" that would prompt him to hand out tickets. Palmer Mayor John Combs said he can see intervening if someone is being beaten, or calling in a drunk driver. Alaska law allows any citizen to do that in an emergency.
Alaska Police Standards Council director Terry Vrabec said any person acting as a police officer has to be certified.
Purcell, who in his private life is CEO of mortgage company Capital Development, last worked as a cop in 1996 and isn't currently certified. His wife is a clerk at the Anchorage Police Department. He applied for a job with the Houston Police Department and when that didn't work out, he pitched a plan to privately hand out tickets for the city for a cut of ticket revenue, according to former mayor Dale Adams. That didn't fly, either.
Purcell might know more than the average elected official about safely pulling someone over, but if things went sour, the city could have a big liability suit on its hands, Vrabec said.
Purcell said he's "not going to go out there and run radar," but won't look the other way if he sees a situation he considers dangerous, either.
John Glass, deputy commissioner of the Department of Public Safety, said his office is taking the complaints about Purcell's unusual traffic stop seriously. He expects to send a letter to Purcell and Houston city attorney Richard Payne outlining what is legal in the state's view.
Glass said Purcell most likely won't, as Johnson hopes, be charged with impersonating an officer.
"We're not going to go out there and arrest him -- I don't know what we'd arrest him for," Glass said.
Find reporter Rindi White online at adn.com/contact/rwhite.
By RINDI WHITE
rwhite@adn.com