November 20, 1980

Mr. Thomas Fahey 
Executive Secretary 
Law Enforcement Standards and Training Commission 
Rol Kebach Criminal Justice Training Center 
Pierre, South Dakota 57501

Official Opinion No. 80-69

Scope of Mayor's Police Authority

Dear Mr. Fahey:

You have requested an official opinion from this office in regard to the following factual situation:

FACTS: 

The City of Mitchell passed a municipal ordinance authorizing special police officers.  The special police officers are authorized by permits, approved by the city council, mayor, and chief of police, upon request of any person desiring the service of a special police officer in or about his business or property.  Section 17 of that ordinance reads as follows: 

All special police officers appointed under this article shall have the powers of regular police officers in the discharge of their duties; shall be exclusively employed and engaged in and about the business of the person at whose assistance they are respectively appointed; shall be under the jurisdiction and subject to the direction of the chief of police and of the city council.

Based on the above facts, you have asked the following questions:

QUESTIONS: 

1.  Is the appointment of such special police officers legal? 

2.  Is the law enforcement officers standards commission required to train such special police officers?

IN RE QUESTION NO. 1:

The answer to your first question is yes, provided the appointments comply with SDCL Chapter 9-14.  SDCL 9-14-1 provides, in pertinent part: 

In cities there shall be appointed an auditor, treasurer, attorney, engineer, chief of police, policeman, and such other officers as may be provided for by ordinance.

In my opinion, § 9-14-1 authorizes the appointment of special police officers.  I would add, however, that other requirements of SDCL Chapter 9-14-- oath, bond, appointment procedure, etc.--must also be complied with.

IN RE QUESTION NO. 2:

The answer to your second question is yes, provided the officers are appointed pursuant to SDCL 9-14-1.

SDCL § § 23-3-26, 23-3-27, and 23-3-35 provide that the law enforcement officers standards commission will provide training to law enforcement officers.  SDCL 23-3-27 defines law enforcement officer as 'any employee or officer of the state or any political subdivision thereof and who is responsible for the prevention and detection of crime and the enforcement of  the criminal or highway traffic laws of the state.'

In my opinion, special police officers meet this definition, if their appointment complies with SDCL Chapter 9-14.

Respectfully submitted,

Mark V. Meierhenry
Attorney General