AGO 85-3.

Case Date:February 19, 1985
Colorado Attorney General Opinions 1985. AGO 85-3. February 19, 1985Department of Law Attorney General Opinion FORMAL OPINION of DUANE WOODARD Attorney General Opinion No. 85-3 AG Alpha No. PS CL AGAOE William L. Koleszar Executive Director Robert Bing Director Colorado Law Enforcement Training Academy Department of Public Safety 1325 South Colorado Boulevard Denver, CO 80222 RE: The Peace Officers Standards and Training board's authority under sections 24-33.5-301 to 308, C.R.S. (1984 Supp.) to certify peace officersDear Messrs. Koleszar and Bing: I am writing in response to your request for a formal legal opinion regarding the Peace Officers Standards and Training (P.O.S.T.) board's authority under its enabling statute to certify peace officers. It is my understanding that the P.O.S.T. board has received several requests to certify a variety of law enforcement officers, including parks police and public safety officers employed by the Department of Institutions, not specifically enumerated in the definition of "peace officer" found in section 24-33.5-303(6), C.R.S. (1984 Supp.) of the board's enabling statute. QUESTION PRESENTED AND CONCLUSION Does the Peace Officers Standards and Training board have the authority to certify law enforcement officers in categories not enumerated in the definition of "peace officer" found in section 24-33.5-303(6)? No. ANALYSIS The duties of the P.O.S.T. board are found in section 24-35.5-305, C.R.S. (1984 Supp.), which states in the relevant part: (1) The P.O.S.T. board has the following duties: (a) To establish reasonable standards for training, training academies, and instructors, limited in each case to the certification requirements of this part 3; (b) To establish procedures for determining whether or not a peace officer meets or has met the standards which have been set; (c) To certify qualified peace officers and withhold or revoke certification in the manner provided for by rules and regulations adopted by the P.O.S.T. board pursuant to the provisions of article 4 of this title. (emphasis added). "Peace officer" is defined in section 24-33.5-303(6), C.R.S. (1984 Supp.): (6) "Peace officer" means an investigator for a district attorney or the attorney general if designated for training under this part 3 by such district attorney or by the attorney general, any undersheriff...

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