The head of the North Carolina Department of Public Safety is out as Gov. Josh Stein searches for a replacement to one of his cabinet’s most important roles.
DPS oversees law enforcement and emergency response in North Carolina. The agency’s umbrella includes the North Carolina National Guard, Emergency Management, State Bureau of Investigation, Alcohol Law Enforcement and more.
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Stein had chosen former Burlington Police Chief Jeff Smythe to run the agency. But the state Senate has ultimate authority to approve Stein’s nominees to lead cabinet agencies, and the Senate never considered Smythe’s nomination before leaving Raleigh for the summer.
Smythe’s chief of staff, Casandra Hoekstra, will now lead DPS in an interim capacity, Stein said. Smythe will now serve as Stein’s senior advisor for homeland security, a newly created position that doesn’t require Senate confirmation. Stein hasn’t yet said who he’ll nominate next to lead DPS.
The Republican-led Senate, which adjourned last month until later this year, held no hearings or votes on the Smythe nomination. The chamber approved some of Stein’s other nominees but Stein, a Democrat, said politics were at play on Smythe's nomination.
“By failing to consider his nomination or even hold a single public hearing, the Senate abdicated its responsibility, disrespected Jeff and law enforcement, and undermined the safety of the people of North Carolina,” Stein said in a statement Monday. “Their failure to do their jobs is unacceptable.”
‘Black Lives Matter’ reforms
The three Republican senators who chair the Senate Judiciary Committee — which tackles legislation involving public safety among other topics — told WRAL in a joint statement Monday they had heard concerns about Smythe and weren’t willing to support his nomination.
“The Senate has a constitutional duty to advise and consent,” wrote Sens. Danny Britt, Buck Newton and Warren Daniel. “When law enforcement officers across the state raised serious concerns about the nomination of Jeff Smythe, we advised Gov. Stein his choice didn’t have the votes. He chose to withdraw the nomination. It is our hope that Gov. Stein nominates someone who puts the safety of all North Carolinians first.”
They pointed to an article in the Carolina Journal, a magazine run by the conservative John Locke Foundation, which detailed some Republicans’ concerns over Smythe and his tenure leading the Burlington Police Department during the 2020 Black Lives Matter protests. Smythe took a photo with a protester’s sign that read “End Police Brutality” and enacted policies aimed at that goal — including banning chokeholds, and requiring officers to intervene if a colleague is using excessive force on someone.
The article also noted that Smythe served on the Burlington City Council while leading DPS, and that Smythe defended that choice but also offered to resign from the city council if it were deemed a conflict of interest.
And it noted that when he was police chief in Burlington, he instituted new policies for officers’ conduct when searching transgender people, and he sent some officers to racial equity training. Republican state lawmakers passed a series of bills earlier this year banning diversity, equity and inclusion training in state and local government.
In addition to leading the Burlington Police Department, Smythe had previously worked in Arizona as a policeman and an undercover U.S. Drug Enforcement Agency officer, as part of a 40-year career in law enforcement.
In a statement, DPS said Smythe’s record should speak for itself: “Throughout his career, Secretary Smythe has focused on reducing violent crime, dismantling drug trafficking organizations, supporting law enforcement officers and protecting the communities he served,” the agency wrote.
After the Republican senators voiced their concerns, Smythe told WRAL Monday that he remains dedicated to helping keep North Carolinians safe.
"It has been the honor of a lifetime to serve as Secretary of the North Carolina Department of Public Safety,” he said. “I am incredibly proud of the dedicated men and women of this agency and everything they do each day to protect the people of our state. I have spent four decades in law enforcement, and serving the people of North Carolina has always been my highest priority. I appreciate Governor Stein's confidence in me and look forward to continuing that mission as his Senior Advisor for Homeland Security."