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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. 6490 January 22, 1988 LAW ENFORCEMENT OFFICERS TRAINING COUNCIL: Jurisdiction over state property security personnel STATE POLICE, DEPARTMENT OF: Training and recruitment standards for state property security personnel State property security guards are not required to comply with the recruitment and training standards established by the Michigan Law Enforcement Officers Training Council. Honorable Debbie Stabenow State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on the following question: "[D]o the guidelines for recruitment and the requirements for training set by the [Michigan Law Enforcement Officers Training] Council apply to Capitol Security officers?" Your question involves two Michigan statutes. The first, the Michigan Law Enforcement Officers Training Council Act of 1965, 1965 PA 203, MCL 28.601 et seq; MSA 4.450(1) et seq (MLEOTC Act), provides for the creation of the Law Enforcement Officers Training Council and vests it with authority to promulgate recruitment, selection, and training standards for police officers and law enforcement officers. The MLEOTC Act, Sec. 2(c), MCL 28.602(c); MSA 4.450(2)(c), provides: " 'Police officer' or 'law enforcement officer' means a member of a police force or other organization of a city, county, township, village or of the state, regularly employed as such and who is responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state, but shall not include any person serving as such solely by virtue of his occupying any other office or position." (Emphasis added.) By so defining "police officer," it is clear that persons with restricted or special police officer powers are not covered by the MLEOTC Act. Having such restrictions or special characteristics, they are not responsible for the enforcement of the general criminal laws of this state. Therefore, they are not required to comply with the recruitment and training standards established by the MLEOTC Act unless the Legislature provides by separate statute that a specifically designated public employee shall be required to comply. People v Carey, 147 Mich App 444; 383 NW2d 81 (1985), OAG, 1977-1978, No 5133, p 83 (April 1, 1977). See also OAG, 1977-1978, No 5166, p 79 (March 25, 1977). The other statute that must be considered in the analysis of state property security guards is 1935 PA 59, Sec. 6c, MCL 28.6c; MSA 4.436(3), which provides: "(1) The director [of state police] may authorize, in writing, on forms prescribed by him, limited arrest powers for security personnel employed by the state for the protection of state owned or leased, property or facilities, in the city of Lansing, and in Windsor township of Eaton county. Limited arrest authority may be exercised only when the security employee is on a tour of duty as prescribed by the director upon state owned or leased property and the person is identified by a uniform as a state security employee. Limited arrest power is automatically rescinded upon termination of employment with the state. The director may authorize security employees to carry a firearm while on duty. "(2) A security employee granted limited arrest authority by this section shall not be entitled by reason of employment to become a member of the state police pension, accident, and disability plan established by Act No. 251 of the Public Acts of 1935, as amended, being sections 28.101 to 28.110 of the Michigan Compiled Laws, or other similar departmental program." MCL 28.6(c); MSA 4.436(3) (Emphasis added.) Pursuant to MCL 28.6(c); MSA 4.436(3), the Director of the Michigan State Police issued an order establishing the duties and responsibilities for state property security guards. (Order No. 72, as amended August 21, 1984.) The primary responsibility for state property security guards is to protect persons and property located on specified state-owned or leased lands by arresting those persons who violate state laws and/or otherwise endanger persons or property and to deter crimes through high visibility. Director's Order No. 72 specifically provides state property security guards with the following authority to arrest: "A. State Properties Security Guards are authorized to make arrests only while officially on duty, in uniform, on the state-owned or leased property or facilities in the City of Lansing and in Windsor Township of Eaton County, under the following circumstances and within the following guidelines: (1) For misdemeanors or felonies committed in their presence, as well as for violations of Administrative Rules 18.201-18.208 which regulate conduct on state properties. (2) For felonies, when there is reasonable cause to believe that a felony has been committed and that the person to be arrested committed it. (3) Upon the basis of a felony or misdemeanor warrant, or upon positive information by written, telegraphic, teletypic, telephonic, radio, or other authoritative source that a police officer or department holds a valid warrant for the arrest of a person. (4) For the following three traffic offenses while on the state-owned or leased properties specified in Section 2A of this order, but for no other traffic offenses either on or off said properties: a. Operating While Under the Influence of Alcohol or Controlled Substance (OUIL) b. Reckless Driving c. Parking Violations (Handicapped Parking Zones) (5) When summoned by any peace officer to assist in making an arrest." A plain reading of the statute authorizing the Director of the Michigan State Police to establish the duties and responsibilities of state property security guards, MCL 28.6c; MSA 4.436(3), makes it clear that the Legislature intended security personnel to exercise limited arrest powers only at certain state facilities while on a tour of duty and in uniform. It should be noted that the arrest powers granted to state property security guards are comparable to those provided private security guards in the Private Security Guard Act of 1968, 1968 PA 330, Sec. 30, MCL 338.1080; MSA 18.185(30). A review of official Order No. 72, which sets forth the duties and responsibilities of state property security guards reflects the limited scope of arrest authority granted by the Director of the Michigan State Police to state property security guards. The authority granted state property security guards for arrest is much more narrow than that granted peace officers in MCL 764.15; MSA 28.874. (Security guards have no road patrol function other than for OUIL, reckless driving, and handicapped parking violations.) State property security guards are not authorized to apply for search warrants, may not serve and execute criminal and civil process, are not considered to be on duty 24 hours a day as are other police officers or law enforcement officers, and are not generally authorized to carry firearms unless on duty. It is my opinion, therefore, that state property security guards are not required to comply with the recruitment and training standards established by the Michigan Law Enforcement Officers Training Council. Frank J. Kelley Attorney General
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