STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 5662

March 4, 1980

COUNTIES:

Park ranger

Sheriff

STATE POLICE:

Law enforcement information network (LEIN)

TOWNSHIPS:

Constable

Park rangers of a county parks and recreation commission do not constitute a criminal justice agency for purposes of obtaining information from the law enforcement information network.

Where park rangers are deputized by the county sheriff, law enforcement information network information may be obtained upon request of the county sheriff.

A township constable is ineligible to receive information from the law enforcement information network unless the constable serves as the criminal justice agency for the township.

Mr. Henry Sedmak

Executive Secretary

LEIN Policy Council

714 South Harrison Road

East Lansing, Michigan 48823

You have requested my opinion on the following questions:

Under the Omnibus Crime Control and Safe Streets Act of 1968, 42 USC 3701 et seq, the Congress has created the Law Enforcement Assistance Administration (LEAA), and charged it with the responsibility of assisting state and local government in strengthening and improving criminal justice through technical assistance and federal grants. 42 USC 3711.

In 42 USCA 3771(b), Congress has provided:

In determining access, rules promulgated pursuant to the Crime Control Act of 1973, 42 USCA 3751, must be considered. 28 CFR 20.21(f)(4)(v) concerns security and states that the state plan (LEIN) shall set forth operational procedures to:

28 CFR 20.3(c) and (d) set forth definitions for 'criminal justice agency' and the 'administration of criminal justice':

Reading these rules together, it is clear that the agency must qualify for access to such information and not particular officers or employees of the agency. Once the agency is deemed to have met the criteria of a criminal justice agency, then authorized officers or employees of the agency may be entitled access to such information.

With respect to your first question, you have indicated that the park rangers in question have been deputized by the county sheriff. 1968 PA 216, Sec. 14(4); MCLA 46.364; MSA 5.570(114), provides:

The park rangers of a county or regional parks and recreation commission do not constitute a criminal justice agency as defined by 28 CFR 20.3(c), supra.

Where the park rangers have been deputized by the county sheriff, they may seek LEIN information only through the office of county sheriff. This office is charged with the duty of preservation of the peace and the arrest and detention of persons charged with the commission of a public offense. White v East Saginaw, 43 Mich 567; 6 NW 86 (1880). It is clearly a criminal justice agency. Thus, deputized park rangers may have access to LEIN information only when it is requested and obtained by the county sheriff.

It is, therefore, my opinion that rangers appointed by a county board of parks and recreation may not have direct access to LEIN information.

Your second question concerns the access of a constable to LEIN information.

As to township constables, reference should be made to 1846 RS ch 16, Sec. 82, as last amended by 1976 PA 426; MCLA 41.82; MSA 5.74, which provides:

It should also be noted that township boards are empowered pursuant to 1945 PA 246, Sec. 1, as last amended by 1978 PA 590; MCLA 41.181; MSA 5.45(1), to employ and establish a police department with full power and authority to enforce all local township ordinances.

While constables have been included within the definition of the term 'peace officer', People v Bissonette, 327 Mich 349, 356; 42 NW2d 113, 116 (1950), a township constable whose peace officer authority had not been limited by ordinance of the township board, nevertheless, would not constitute a criminal justice agency for purposes of securing information from LEIN where the township had an established police department. The latter agency would be the criminal justice agency of the township. Only in a township where the township constable served as the criminal justice agency for the township would the township constable be eligible to receive information from LEIN.

Constables are also authorized in charter townships under 1947 PA 359, Sec. 9; MCLA 42.9; MSA 5.46(9), with powers and duties as required by state law. In 1947 PA 359, Sec. 12; MCLA 42.12; MSA 5.46(12), the township board in each charter township is authorized to establish a police force and appoint a township marshall for the preservation of quiet and order and the protection of persons and property within the township. Such police agency or marshall, not the constable, would be the appropriate agency to receive information from LEIN.

In fourth class cities, constables have similar powers in civil and criminal matters as are conferred by law upon constables in townships. 1895 PA 215, ch VII, Sec. 24; MCLA 87.24; MSA 5.1681. However, the city marshall of a fourth class city is designated as the chief of police of the city and he is vested with all the powers conferred upon sheriffs for the preservation of quiet and good order in the city in accordance with 1895 PA 215, ch VII, Sec. 16; MCLA 87.16; MSA 5.1673. Thus, in a fourth class city, the city marshall or the police department of the city, not the city constable, would be the agency eligible to receive information from LEIN.

As to home rule cities, 1909 PA 279, Sec. 32, as last amended by 1976 PA 408; MCLA 117.32; MSA 5.2112, provides for at least one constable to be elected or appointed in certain cities with similar powers conferred by law on constables in townships. By ordinance the city may abolish the position or restrict and limit the authority conferred upon the constable. By 1909 PA 279, Sec. 34; MCLA 117.34; MSA 5.2114, the peace officer powers of a sheriff within the city limits of a home rule city are conferred upon police officers of the city. Thus, the police department of such city, not the city constable, is the appropriate agency to request and receive information from LEIN.

It is, therefore, my opinion that a constable is not a law enforcement agency eligible to receive information from LEIN, except where the township constable serves as the only criminal justice agency for the township.

Frank J. Kelley