Under What Authority Did Blunt Direct Patrol To Conduct Sexual Harassment Probe Of Ferrell?

It is widely known in state government that Governor Matt Blunt used the Missouri State Highway Patrol to investigate the sexual harassment charges against Department of Agriculture Director Fred Ferrell. However, what is not clear, is what legal authority Governor Matt Blunt had to do so.

Chapter 43 of the Revised Statutes of Missouri (RSMo.) sets out the duties and responsibilities of the Highway Patrol. The Patrol is clearly designed to be a law enforcement agency of limited jurisdiction. That is, they are only to engage in activities that they are specifically authorized by statute to undertake.

The primary purpose of the patrol is set forth in RSMo. Section 43.025:

Primary purpose of highway patrol.

43.025. 1. The primary purpose of the highway patrol is to
enforce the traffic laws and promote safety upon the highways.
As near as practicable all personnel of the patrol shall be used
for carrying out these purposes.

2. As near as practicable, all personnel of the patrol shall
be utilized in carrying out the provisions of sections 43.350 to
43.380.

Subsection 2 refers to the powers of the Division of Drug and Crime Control. Section 43.350 to 43.380 gives the Divison the authority to conduct certain specified investigations, but it is subject to the limitation that those investigations be conducted at the request of the Attorney General.

These limitations are no accident. They were placed in statute quite intentionally. In fact, there is a provision of the statute that explicitly states that the Governor cannot use the patrol for any purpose not specifically authorized under Chapter 43.

RSMo. Sec. 43.220 states:

No authority to exceed duties authorized in this chapter.

43.220. Neither the governor, the commission, nor the
superintendent shall have any power, right or authority to
command, order or direct any member of the patrol to perform any
duty or service not authorized by this chapter.

This provision is to protect both the Patrol and the public. The Governor puts the Patrol in a very bad position if he or she asks them to conduct an investigation that they aren't authorized under the statute to conduct. In a worst case scenario, a Governor could be asking them to conduct investigations for the purpose of retaliation against political opponents, or other untoward purposes.

It would be very difficult for the Patrol to say no to any particular request by a Governor. That's why Section 43.220 is there, to make sure that a Governor never even asks.

So what legal authority did Governor Blunt have to direct the Highway Patrol to investigate claims of sexual harassment against Ag Director Fred Ferrell?

I guess we'll never know unless someone asks him.