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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)



Opinion No. 6620

May 10, 1989

LAW ENFORCEMENT OFFICERS COUNCIL:

Authority over transit officers with restricted police powers

Transit officers of the Detroit Transportation Corporation are not required to comply with the recruitment and training standards of the Law Enforcement Officers Training Council.

Honorable Morris Hood, Jr.

State Representative

The Capitol

Lansing, MI 48909

You have requested my opinion on the following question:

"In view of the specific grant of limited police power conferred upon the Detroit Transportation Corporation security officers, do the guidelines for recruitment and the requirements for training set by the Michigan Law Enforcement Officers Training Council apply to these security officers?"

The answer to your inquiry requires an examination of the Michigan Enforcement Officers Training Council Act of 1965 (the MLEOTC Act), MCL 28.601 et seq; MSA 4.450(1) et seq, which created the Michigan Law Enforcement Officers Training Council (MLEOTC). MCL 28.603; MSA 4.450(3). The MLEOTC is vested with authority to promulgate standards for the recruitment, selection and training of police officers and law enforcement officers. MCLA 28.609; MSA 4.450(9). The terms "police officer" and "law enforcement officer," as used in the MLEOTC Act, are defined in MCL 28.602(c); MSA 4.450(2)(c) as follows:

" '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.)

This statutory definition was considered in OAG, 1987-1988, No 6490, p 249 (January 22, 1988), which concluded that state property security guards appointed under 1935 PA 59, Sec. 6c; MCL 28.6(c); MSA 4.436(3), were not required to comply with the recruitment and training standards established by MLEOTC. OAG, 1987-1988, No 6490, at 239, stated in pertinent part:

"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 MichApp 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)." (Emphasis in opinion.)

Thus, there is a clear distinction between "police officers," as defined by the MLEOTC Act, and persons who merely possess restricted or special police officer powers. The latter are not covered by the MLEOTC Act in the absence of a statute specifically requiring such compliance.

As you pointed out in your letter, the Detroit Transportation Corporation is a Michigan corporation formed under the provisions of the Urban Cooperation Act of 1967, MCL 124.501 et seq; MSA 5.4088 et seq, by the Southeastern Michigan Transportation Authority and the City of Detroit.

You also have advised that the Chief of Police of the City of Detroit entered into an agreement with the Detroit Transportation Corporation, pursuant to the Charter of the City of Detroit, Chapter XI, Section 7-117, to appoint persons with limited or restricted police officer power to patrol the property of the Detroit Transportation Corporation. Relevant portions of that agreement reveal that the Chief of Police did, in fact, designate certain employees of the Detroit Transportation Corporation as "Detroit Transportation Corporation Transit Officers." More importantly, the agreement specifically provides that these officers have only limited authority. The agreement states, in pertinent part:

"I

"The Chief of Police, through the authority vested in him by the Charter of the City of Detroit (1974), Section 7-117, shall commission as Patrolmen, with limited authority as designated herein, those employees of the Detroit Transportation Corporation known herein as "Detroit Transportation Corporation Transit Officers." In addition to such rules and regulations promulgated by the Detroit Transportation Corporation, all Transit Officers shall adhere to the following rules and regulations contained in this Letter of Understanding.

"II

"All duly and regularly appointed Patrolmen with limited authority (known herein as Detroit Transportation Corporation Transit Officers) shall possess those powers and privileges and those duties as set forth herein:

"1. A Transit Officer may, without a warrant, arrest a person in the following situations:

a. When a felony, misdemeanor, or ordinance violation is committed in the Transit Officer's presence.

b. When the person has committed a felony although not in the presence of the Transit Officer.

c. When a felony in fact has been committed and the Transit Officer has reasonable cause to believe that the person has committed it.

d. When the Transit Officer has reasonable cause to believe that a felony has been committed end reasonable cause to believe that the person has committed it.

"Those powers and privileges are further limited to being invested in the Detroit Transportation Corporation Transit Officers during their actual hours of employment, while in uniform, and on the property of the Detroit Transportation Corporation as designated herein....

"III

"It is understood between the parties that the Detroit Transportation Corporation properties are located in various localities in the Detroit metropolitan area and that it will be necessary to traverse between them. When traveling between said properties, the Detroit Transportation Corporation Transit Officers shall not have the powers and privileges described in Section II above.

"IV

"All Detroit Transportation Corporation Transit Officers are responsible for the enforcement of all laws of the United States and of the State of Michigan and all ordinances of the City of Detroit as limited in Section II above and excluding all traffic regulations and authority to execute search warrants." (Emphasis added.)

OAG, 1977-1978, No 5133, p 83, 85, April 1, 1977), addressed the question of whether Detroit housing guards constituted "police officers" or "law enforcement officers" as defined under MCL 28.602(c); MSA 4.450(2)(c). Like the Detroit Transportation Corporation Transit Officers in question here, the housing guards had been granted law enforcement authority by the Detroit Chief of Police pursuant to Chapter XI, Section 7-117, of the Detroit City Charter. The housing guards, however, had been charged with the enforcement of the general criminal laws of the State and had been given "equal standing with Detroit police officers" regarding their powers, privileges, and duties. As a consequence, the opinion concluded, the housing guards were subject to the selection and training requirements of the MLEOTC Act.

The broad, general law enforcement authority conferred upon Detroit's housing guards is in marked contrast to the very limited authority granted by the Chief of Police to the Detroit Transportation Corporation Transit Officers. It is clear from the express provisions of the agreement between the Chief of Police and the Detroit Transportation Corporation that law enforcement powers conferred upon Detroit Transportation Corporation transit officers are limited. These officers may exercise such powers only over certain offenses, only at certain specified locations, and only while on duty in the prescribed uniform. The limited law enforcement powers granted to the Detroit Transportation Corporation transit officers are comparable to those provided for security personnel employed by the state for the protection of state owned or leased property, in that such officers are not authorized to apply for search warrants, may not serve and execute criminal and civil process, and are not considered to be on duty 24 hours a day as are other police officers or law enforcement officers. See, OAG, 1987-1988, No 6490, supra.

It is my opinion, therefore, that the transit officers of the Detroit Transportation Corporation 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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