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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5823 December 4, 1980 CONSTABLES: Law enforcement training to enforce criminal statutes LAW ENFORCEMENT OFFICERS TRAINING COUNCIL ACT: Constables SHERIFFS: Constables as deputy sheriffs Constables who enforce criminal statutes must comply with the training requirements of the Law Enforcement Officers Training Council Act unless exempt from such training or a waiver of training is granted by the Council. Honorable Mark D. Siljander State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion whether elected constables, deputized by the county sheriff and serving on a township police department, are exempted from the training requirements of the Michigan law enforcement officers training council act of 1965, 1965 PA 203, Sec. 9; MCLA 28.609; MSA 4.450(9). 1965 PA 203, supra, creates a law enforcement council which is empowered to establish minimum employment standards for local police agencies, as set forth in 1965 PA 203, Sec. 9, supra. 1965 PA 203, Sec. 9(c), supra, provides that peace officers must satisfy a minimum study and attendance requirement of 240 instructional hours at approved city, county, township, village, or corporation police training schools. The office of township constable is authorized by RS 1846, ch 16, Secs. 80-84; MCLA 41.80-41.84; MSA 5.72-5.76. Township constables are peace officers, People v Bissonette, 327 Mich 349; 42 NW2d 113 (1950), but constables may not enforce the criminal laws of this state without having complied with the minimum training requirements established under 1965 PA 203, Sec. 9, supra, except where the constable is exempted from compliance with such requirement of such requirements are waived by the law enforcement training council. OAG, 1977-1978, No 5270, p 369, 370 (February 27, 1978). (1) Thus, elected township constables who enforce the criminal laws of the state must comply with the minimum training requirements unless (1) the elected constable is exempt under 1965 PA 203, Sec. 9(2) supra, or (2) the training requirements are waived by the council pursuant to 1965 PA 203, Sec. 9(1)(d), supra. The exemption provision set forth in 1965 PA 203, Sec. 9(2), supra, provides: 'Notwithstanding any other provision of this statute, a regularly employed person employed on or after January 1, 1977, as a member of a police force having a full-time officer shall not be empowered to exercise all the authority of a peace officer in this state, nor employed in a position which is granted the authority of a peace officer by statute, unless the person has complied with the minimum employment standards prepared and published by the council pursuant to this section. Law enforcement officers employed before January 1, 1977, may continue their employment and participate in training programs on a voluntary or assigned basis but failure to meet standards shall not be grounds for dismissal of or termination of employment. A law enforcement officer employed before January 1, 1977 who fails to meet the minimum employment standards established pursuant to this section and who voluntarily or involuntarily discontinues his work as a law enforcement officer may be employed with a law enforcement agency if that officer meets the requirements of subsection (1)(d)(iii).' [Emphasis supplied.] It should be noted that prior to its amendment by 1976 PA 422, the language of then-operative 1965 PA 203, Sec. 9(2), supra, contained an exemption for regularly employed peace officers employed prior to January 1, 1971. By amendatory 1976 PA 422, supra, the legislature intended to extend the scope of the so-called 'grandfather clause' to exempt those persons regularly employed before January 1, 1977, and who continue to be regularly employed after such date, from complying with the minimum training standards established by the council under 1965 PA 203, Sec. 9, supra. Meaning and effect must be given to this amendment. English v Saginaw County Treasurer, 81 Mich App 626; 265 NW2d 774 (1978). 1965 PA 203, Sec. 9(1)(d), supra, specifies the minimum training requirements 'shall be waived' by the council where any of the following four circumstances exist: '(i) The person has previously completed the mandatory training requirements and less than 1 year of police service, has voluntarily or involuntarily discontinued his work as a law enforcement officer, and is again employed within 1 year after discontinuing work as a police officer. '(ii) The person has served more than 1 year and less than 5 years, has completed the mandatory training requirements, and takes employment with another police agency within 18 months of discontinued service. '(iii) The person has served 5 years or more and takes employment with another police agency within 2 years of discontinued service. '(iv) The person is a member of a sheriff's posse or police auxiliary temporarily engaged in the performance of his duties and while under the direction of the sheriff or police department.' The provisions set forth in 1965 PA 203, Sec. 9(1)(d), supra, were added by amendatory 1971 PA 31, and meaning and effect must also be given to this amendment. English v Saginaw County Treasurer, supra. The requirement that an elected township constable must comply with the minimum training requirements of 1965 PA 203, Sec. 9, supra, unless exempted from such requirement or unless entitlement to a claimed waiver exists, is not altered where such elected constable is deputized by the county sheriff pursuant to RS 1846, ch 14, Sec. 70, as last amended by 1978 PA 635; MCLA 51.70; MSA 5.863. Similar to RS 1846, ch 16, Sec. 82, supra, no language in RS 1846, ch 14, Sec. 70, supra, authorizes waiver of the minimum training standards for deputy sheriffs. OAG, No 5270, supra (2) It is, therefore, my opinion that an elected township constable, deputized by the county sheriff and serving on a township police department, must comply with the minimum training requirements of 1965 PA 203, Sec. 9, supra, unless (1) the exemption provision of section 9(2), supra, applies or (2) a waiver shall be granted by the law enforcement council pursuant to one of the four circumstances contained in section 9(1)(d), supra. Frank J. Kelley Attorney General (1)
(2)
The statements contained in footnote 1 are applicable to deputy sheriffs deputized pursuant to RS 1846, ch 14, Sec. 70, supra.
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