December 13, 1984

Mr. Richard D. Flynn 
Chairman 
Minnehaha County Commissioners 
Minnehaha County Courthouse 
415 North Dakota Avenue 
Sioux Falls, South Dakota 57102

OFFICIAL OPINION NO. 84-48

Minnehaha county civil defense reserve officers

Dear Chairman Flynn:

You have requested my official opinion on the following factual situation:

FACTS: 

Acting pursuant to the authorities contained in SDCL 33-15-1, et. seq., as amended, and a 1976 Minnehaha County Resolution, copy attached, the Minnehaha County Director of Civil Defense has recruited and staffed, on a volunteer basis, a group of 'Civil Defense Reserve Officers.'  These officers are state certified pursuant to SDCL 23-3.  (See AGR 77-34.)  From time to time, these officers perform services for the Minnehaha County Sheriff's Office.  Accordingly, a question has arisen:

Concerning this you have asked the following:

QUESTION: 

Who has supervisional jurisdiction over the Minnehaha County Civil Defense Reserve Officers, the Sheriff or the Director of Civil Defense?

South Dakota law relating to Civil Defense, or as it is known now, the Emergency and Disaster Service, is found in SDCL 33-15. This chapter contains definitions and guidelines for a totally integrated system where federal, state and local volunteers endeavor to protect the public peace, health and safety and to preserve the lives and property of the people of the  state in the event of a natural disaster or an enemy attack.  To this end the law directs that the Adjutant General prepare a comprehensive plan for emergency and disaster service which must be integrated into and coordinated with the plan of the federal government and other states.  This plan should also coordinate the preparation of plans and programs by political subdivisions of the state to the fullest possible extent.  SDCL 33-15-10.

Each organized county of the state is required to establish a local organization and develop an emergency plan in accordance with the State Emergency and Disaster plan and program, SDCL 33-15-26. Under law, and in accordance with state plans, each local organization for emergency and disaster service has a director who is appointed by the governing body of the county. The director has direct responsibility for the development and implementation of emergency and disaster plans, organization, administration, and operation of the local organization, subject to the direction and control of the governing body.  SDCL 33-15-27.

In line with its responsibilities, the State Emergency Disaster Service has prepared a local government plan format which guides the local EDS organization.  Annex 'H' of this plan deals with the question you have raised, that is, law enforcement operations.  One of the assumptions in that Annex offered to the local organization is that the sheriff will be in charge of county law enforcement coordination.  It is further specified that the sheriff  will provide direction of vehicular and pedestrian movement, control access to disaster areas, and afford security of essential facilities.  Law enforcement is also responsible to establish liaison with other available law enforcement in the county and arrange for auxiliary police or reinforcements, if needed.

Acting under these guidelines, Minnehaha County has developed a plan which at Appendix 3, Annex A, covers the same subject, that is law enforcement.  This plan, which was prepared by the Minnehaha County Director of Emergency and Disaster Services, provides that the command and control of law enforcement, including the police reserve, shall be by the Sheriff and the Chief of Police.  This control, however, does not come into effect until the plan is activated upon a disaster or enemy attack.

In answer to your question, it is my opinion that the Director of Civil Defense has supervisional jurisdiction over the Civil Defense Officers until such time as a plan is activated.  At that time the Sheriff and Chief of Police would exercise command and control over them.

Respectfully submitted,

Mark V. Meierhenry
Attorney General