September 29, 1977

Mr. Bernard Christenson 
Executive Secretary 
Law Enforcement Standards
  and Training Commission 
Pierre, South Dakota 57501

Official Opinion No. 77-84

Authority of reserve law enforcement officers units

Dear Mr. Christenson:

You have requested an interpretation of certain administrative rules of the Law Enforcement Standards and Training Commission relating to reserve law enforcement officers units.  The specific question you have asked is:

QUESTION: 

May a reserve law enforcement unit contract with another unit of government to provide law enforcement services?

Pursuant to the statutory powers granted by SDCL 23-3-35, the Law Enforcement Standards and Training Commission has, by adoption of administrative rules, established a reserve law enforcement officers program. The program is structured to require a certified municipal police department or a county sheriff's office to sponsor a local reserve unit comprised of certified reserve officers.  ARSD 2:01:09:01.  Subsequent rules in ARSD Chapter 2:01:09 require a certified local law enforcement agency to perform administrative functions such as keeping records of hours worked, as well as maintaining a training program for the reserve officers.  It is quite apparent to me that the intent of the rules is to make the reserve officers and the reserve unit directly accountable to the local law enforcement agency.  The certified reserve unit and the local law enforcement agency are, in turn, accountable to the Law Enforcement Standards and Training Commission.  ARSD 2:01:09:07, :08.

Therefore, it is my opinion that the reserve unit has no independent authority with regard to matters such as contracting with other law enforcement agencies.  Hours of duty and duty assignments, within the scope of the rules, are subject to the approval of the local law enforcement agency.  In cases of potential emergency where a transfer of reserve officers to another certified agency may be advantageous, ARSD 2:01:09:03 would seem to authorize the local law enforcement agency to make a written request to the Law Enforcement Standards and Training Commission for approval of the transfer to meet the emergency.  In addition, SDCL 1-24 (Joint Exercise of Governmental Powers) would permit a cooperative agreement between two or more local law enforcement agencies for the providing of services subject, of course, to the restriction in the administrative rules regarding numbers of hours worked by reserve officers.

The answer to your question is no.  A reserve law enforcement unit possesses no authority to enter into contracts for provision of law enforcement functions.

Respectfully submitted,

William J. Janklow
Attorney General

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