Indiana Code Scholars, Your Opinion Please!

[55-502]

Folks, I know this is a can of worms for most of us, but let's keep it civil and on target. There are serious rumors of Sheriff Anderson forming a traffic division, and we all know about the current Warrant Squad that's on the street, and while at Dave & Busters in Castleton the other night, a Special Deputy was parading around in full uniform, and later sitting in an unmarked Taurus, complete with MDT and lights. I'm confused as hell, and if I understand the IC correctly, anyone who is a full time employee performing LE functions must be ILEA certified within 1 year of their hire date. How is Anderson skirting this issue?

502

[DeputyDad]

The MCSD Special Deputy academy classes starting with the July 2008 class are 15 week classes with military drill instructors for PT, and certified trainers for firearms range training, Defensive Tactics, EVOC, traffic, criminal law, gang activity, and the same other types of instruction as at ILEA. Their academy is held at the same facility on Post Rd. that IMPD uses for their academy, and at the same time. I know that IMPD academy is longer though. Maybe it is these Deputies that are going to be working on the street.

[55-502]

The MCSD Special Deputy academy classes starting with the July 2008 class are 15 week classes with military drill instructors for PT, and certified trainers for firearms range training, Defensive Tactics, EVOC, traffic, criminal law, gang activity, and the same other types of instruction as at ILEA. Their academy is held at the same facility on Post Rd. that IMPD uses for their academy, and at the same time. I know that IMPD academy is longer though. Maybe it is these Deputies that are going to be working on the street.

But the program is not ILEA certified, and therefore useless. All of the training you mentioned is great, but isn't required to provide security for the Jail and Courts, which is their mandate from the State Constitution. Still confused

502

[towncop]

Hold on a sec, let me see if I can find that horse and beat the s#@t out of it some more.

[Indy95]

Could have been a business special. I live in Washington Township and they wear full special uniforms and drive cars with the full package. Some are unmarked. I know they go through the special deputy training but also EVOC and other stuff. At least the ones who aren't just assigned to schools. I know one of them and he busted two guys trying to break into my house while I was at work so I got no complaints. My cousins on IMPD don't agree with my position of course.

[55-502]

Could have been a business special. I live in Washington Township and they wear full special uniforms and drive cars with the full package.

Business Specials are considered civilians when off the clock, so I doubt a take home car would be legal. My confusion revolves around the fact that these people are full time employees, engaged in LE activities, without ILEA certification. This is a slap in the face to the thousands of Reserve Officers, who would love to obtain ILEA certification, but cannot because of their employment status. The lines have been so blurred, I need a score card to keep up.

502

[MCSD241]

Business Specials are considered civilians when off the clock, so I doubt a take home car would be legal. My confusion revolves around the fact that these people are full time employees, engaged in LE activities, without ILEA certification. This is a slap in the face to the thousands of Reserve Officers, who would love to obtain ILEA certification, but cannot because of their employment status. The lines have been so blurred, I need a score card to keep up.

502

Yeah, they petitioned ILEA to be a certified academy but they were turned down. Anderson is walking a fine line here. However, there will be a new Sheriff soon enough and many of these Special Deputies will learn that they work at his will/whim. I see the reigns getting pulled in greatly with a new Sheriff.

[IPSPD13]

The MCSD you saw has an unmarked with MDT, because they work for the Civil Office, Warrants or Sex Offenders or are a supervisor in Courtline. He was in full uniform because he has to be when working part time. Now sure, Frank has taken alot of liberties with the law, but the Department knows that if they are going to start this "Traffic Division", they all will be ILEA certified. All of the guys working reserves for the Sheriff's Dept now are ILEA certified.
Just because he works part time is that a LE function? The Sheriff can appoint and give LE powers to anyone, at least he makes them go through an academy. And it has always had ILEA certified instructors, and has always had all that training like ILEA, it just that now all the Jail guys get the same academy as all the other Specials, that's why it's 15 weeks. It's not and will never be ILEA certified. And why pick on the Special's, some Departments have guys working the road and districts with as little as the 40 pre-basic for a year before going to ILEA, how safe is that?

[K40]

Hold on a sec, let me see if I can find that horse and beat the s#@t out of it some more.

Give me your location and I'll send a couple of units out to subdue the guy who is holding a gun to your head and making you read this thread.

[K40]

Yeah, they petitioned ILEA to be a certified academy but they were turned down. Anderson is walking a fine line here. However, there will be a new Sheriff soon enough and many of these Special Deputies will learn that they work at his will/whim. I see the reigns getting pulled in greatly with a new Sheriff.

Hopefully, you are right. Quite a few special deputies out on late shift playing police. Maybe the democrats should pitch in and build a Frank statue in a park somewhere, with a granite wall inscribed with his rhyming words of wisdom that he has bestowed on all of us while single-handedly ruining a fine LE agency.

[K9krazy21]

I also heard Sheriff Anderson is running for mayor and going to do a little house cleaning of his own!!!!

Correct me if I'm wrong, but didnt he get more votes than any other sheriff or mayor in the history of Marion Co/Indianapolis????

[55-502]

And why pick on the Special's,

Please re-read the first line of my post. I did not start a thread to bash Specials or CO's, nor has anyone on here (yet). My question concerns the State Constitution and Sheriff Anderson's broad interpretation. There are many fine men and women that I believe Anderson has placed in harms way needlessly, or at the very least, opened them up to litigation that they can't afford. In my opinion, the IC clearly outlines the duties for Anderson, but it doesn't involve a Warrant Squad, Traffic Division, Sex Crimes Division, or flooding the city with CO's in a LE capacity. Even if he decides to ignore the code, the merger transfered all LE duties to IMPD, not the MCSD. I would invite an opinion from someone in the AG's or Prosecutor's office.

502

[pdc]

IC 36-8-10-10.6
Special deputies with powers of law enforcement officer; appointment; qualifications; duties
Sec. 10.6. (a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-41-1 or private employer, the nature of which employment necessitates that the person have the powers of a law enforcement officer. During the term of his appointment and while he is fulfilling the specific responsibilities for which the appointment is made, a special deputy has the powers, privileges, and duties of a county police officer under this chapter, subject to any written limitations and specific requirements imposed by the sheriff and signed by the special deputy. A special deputy is subject to the direction of the sheriff and shall obey the rules and orders of the department. A special deputy may be removed by the sheriff at any time, without notice and without assigning any cause.
(b) The sheriff shall fix the prerequisites of training, education, and experience for special deputies, subject to the minimum requirements prescribed by this subsection. Applicants must:
(1) be twenty-one (21) years of age or older;
(2) never have been convicted of a felony, or a misdemeanor involving moral turpitude;
(3) be of good moral character; and
(4) have sufficient training to insure the proper performance of their authorized duties.
(c) Except as provided in subsection (d), a special deputy shall wear a uniform the design and color of which is easily distinguishable from the uniforms of the Indiana state police, the regular county police force, and all municipal police and fire forces located in the county.
(d) The sheriff may permit a special deputy to wear the uniform of the regular county police force if the special deputy:
(1) has successfully completed the minimum basic training requirements under IC 5-2-1;
(2) is periodically assigned by the sheriff to duties of a regular county police officer; and
(3) is an employee of the department.
The sheriff may revoke permission for the special deputy to wear the uniform of the regular county police force at any time without cause or notice.
(e) The sheriff may also appoint one (1) legal deputy, who must be a member of the Indiana bar. The legal deputy does not have police powers. The legal deputy may continue to practice law. However, neither the legal deputy nor any attorney in partnership with him may represent a defendant in a criminal case.
(f) The sheriff, for the purpose of guarding prisoners in the county jail:
(1) in counties not having a consolidated city, may appoint special deputies to serve as county jail guards; and
(2) in counties having a consolidated city, shall appoint only special deputies to serve as county jail guards.
This subsection does not affect the rights or liabilities accrued by any county police officer assigned to guard the jail before August 31, 1982.

[55-502]

IC 36-8-10-10.6
Special deputies with powers of law enforcement officer; appointment; qualifications; duties
Sec. 10.6. (a) The sheriff may appoint as a special deputy any person who is employed by a governmental entity as defined in IC 35-41-1 During the term of his appointment and while he is fulfilling the specific responsibilities for which the appointment is made,

I think this is the clause that's being bent to the point of breaking. Specials are appointed for security in the Court, Jail, and civil process delivery, not LE responsibilities.

If Anderson's interpretation was correct, then any County Sheriff in the State could just appoint Specials with the 40 hour Pre-Basic, and not waste the money on 12 weeks of ILEA training for a Merit Deputy. Also, if I'm not mistaken, Marion County is the only one flooding the streets with Specials these days.

502

[towncop]

Give me your location and I'll send a couple of units out to subdue the guy who is holding a gun to your head and making you read this thread.

Give me your location and I'll send a couple of units out to subdue the guy or gal that kicked your tail and took your sense of humor.