AGO 1991-011.

• Case Date: March 09, 1991
• Court: Connecticut

Connecticut Attorney General Opinions 1991. AGO 1991-011. March 9, 1991Opinion No. 1991-011Mr. T. William KnappExecutive DirectorMunicipal Police Training Council285 Preston AvenueMeriden, CT 06450-4891 Dear Mr. Knapp: You have requested an opinion of the Attorney General regarding an inquiry from Wesleyan University Office of Public Safety which reads as follows: The Wesleyan Office of Public Safety consists of 22 patrol, 5 supervisors, and 2 administrative people who are actively involved in the patrol of the campus. Currently 27 of these individuals are sworn Special Constables under section 7-92 of the Connecticut General Statutes. The duties of the patrol and supervisory personnel entail a variety of services, traditional security and some law enforcement activities on university owned property. Our law enforcement duties entail an average of 20 arrests per year for trespass in various degrees. We have on occasions been the first responder to burglaries and other more serious offenses. These are infrequent but result i an arrest by our Public Safety Officers. You also make reference to a 1984 interpretation of training requirements by the then Executive Director of the council in which it was determined that Wesleyan Public Safety Officers were "limited duty officers" not required to receive basic police officer training because such personnel: (1) did not carry firearms; (2) did not participate in arrest situations where a felony charge is involved; and (3) were employees of and compensated by Wesleyan University and not the City of Middletown Your letter continues: The Municipal Police Training Council is concerned with the accuracy of that 1984 determination. The council is concerned that persons with the statutory authority to make custodial arrests for the commission of crime, and the use of force to do so (presumably also deadly force), pursuant to Connecticut General Statute 7-92 are not formally trained and certified as police officers as appears to be the express requirement of Section 294a. Recognizing that a change in position may impose significant training requirements on persons and organization, the Council seeks the formal opinion of the Attorney General on the following question: Does the municipal Police Training Council have authority to require basic police officer training for those persons appointed special constables pursuant to Connecticut General Statute 7-92? Although your question was originally directed to the Attorney General and is couched strictly in terms of the authority of the Municipal Police Training council, the analysis of relevant statutes in order to provide you with an answer necessarily implicates not only the civil authority of the Council but the criminal authority to make arrests and, ultimately, to prosecute those arrested for the commission of crime. Therefore, we have determined to respond jointly under the Attorney General's authority in Conn.. Gen. Stat. § 3-125 and the Chief State's Attorney's authority in Conn. Gen.. Stat. 51-279. For the reasons which follow, our answer tot he question posed is in the affirmative. The Municipal Police Training council may require persons who retain and exercise the powers of a special constable to undertake and successfully complete basic police officer training. Constables attain office, in accordance with the provisions of Conn. Gen. Stat. §§ 9-185 or 7-92, through appointment by a municipality's "chief executive officer" or through election, under Conn. Gen. Stat. § 9-200, in a town's "regular municipal election." Constables appointed pursuant to the provisions of Conn. Gen. Stat. § 9-185 and constables elected pursuant tot he provisions of Conn. Gen. Stat. § 9-200 are subject tot he provisions of Conn. Gen. Stat. § 7-89: . Sec. 7-89. service of process. Liability. constables shall have the same power in their towns to serve and execute all lawful process legally directed to them as sheriffs have in their respective counties and shall be liable in the same manner for any neglect or unfaithfulness in their office. Special constables appointed pursuant to provisions of Conn. Gen. Stat. § 7-92 have the authority of constables of such town to serve criminal process and make...