Funderburk, 111782 MSAGO, 19821117

• Case Date: November 17, 1982
• Court: Mississippi

Honorable W. Laney Funderburk No. 19821117 Mississippi Attorney General Opinions November 17, 1982          Honorable W. Laney Funderburk          Mayor of the City of Hernando          190 Commerce Street          Hernando, Mississippi 38632          Re: Municipal Employees           Dear Mayor Funderburk:          Attorney General Bill Allain has received your letter and has assigned it to me for research and reply.          Your letter states in part:

“This is a request for the Attorney General's Opinion for and in behalf of the City of Hernando, regarding the hereinafter specified matter. “ Mississippi Code Annotated, Section 19-25-23, gives authority for the maintenance and establishment of auxiliary deputies for the Sheriff of the County. I can find no similar provision for municipalities. “ Mississippi Code Annotated, Section 21-15-13 (1972 as Amended) provides as follows: ' The Mayor is authorized to call on every male inhabitant of the municipality over twenty-one (21) years of age and under sixty (60) years to aid in enforcing the law. ' “ Mississippi Code Annotated, Section 45-5-9 (1972) as Amended) ...Mayors may appoint extra ... police; in the interest of public safety to judge the qualifications of applicants; powers and duties of deputies; compensation of uniforms; bond. “The pertinent of the aforementioned statute provides: '...The Mayor of each municipality, is hereby authorized and empowered to appoint as many extra ... deputy police officers, as the case may be, as he deems necessary for the purposes herein. Each applicant to the academy herein created shall be subject to approval by the Commissioner of Public Safety, who shall be the sole judge of the qualifications of each of such applicant, and deemed necessary for the purposes herein...The...Mayor, ... shall have the power and authority to order said deputy to perform any duties required under this Chapter, and all such deputies ordered to do so shall have the full power and authority so to do as is vested in other police or peace officers of this state. Such deputy shall be paid for services rendered and such compensation and may be furnished such uniforms and equipment as may be agreed upon...by the Mayor with the approval of the governing authority, such municipality, claim to be paid...from...any available municipal funds as the case may be. Each such deputy shall enter into bond, conditioned according to law, the premiums of such bond shall be paid from ...any available municipal funds as the case may be.' “In reference thereto, the City of Hernando is desirous of establishing a Reserve and Auxiliary Police Department. There has been one in existence for several years, but we can find no authority authorizing the city to set up an auxiliary Police Department as granted by authority of Mississippi Code Annotated (1972 as Amended) Section 19-25-23 regarding the authority of the Sheriff. The only available Section appears to be Sections 21-15-13 and Section 45-5-9 Mississippi Code of 1972 Annotated (As Amended). ...”

         Thereafter you pose five questions which are set out below with responses. Question : (1) Does the municipality have authority to actually create a reserve auxiliary police department? Response : This office has consistently held in prior opinions that there is no statutory authority for a municipality to create a Reserve and Auxiliary Police Department (the “Department”) or an Auxiliary Police Force or Police Auxiliary. We are aware that in fact there exists in some Mississippi municipalities such a department or organization, either formally or by custom. E. g., the City of Jackson has by ordinance established “Volunteer Auxiliary Police Officers” and prescribed their “Powers, Duties, Privileges, and Immunities.” The cited Section 45-5-9 is part of Chapter 5 of Title 45 of the Code, cited as “The Mississippi Law Enforcement Officers Training Academy Act of 1964” (the “Law”). The Law was enacted as Chapter 324, House Bill No. 564, General Laws of 1964, which has as a statement of purpose:

“...AN ACT to insure the domestic tranquility by creating a Mississippi law enforcement officers' training academy within the Mississippi Department of Public Safety; to provide an adequate number of well trained local and state law enforcement officers; to provide for the administration of the academy; to amend Sections 8079, 8082, 8082-11, and 8088; to extend the authority of the Mississippi Department of Public Safety so that the Mississippi Department of Public Safety may be utilized to insure the domestic tranquility; and for related purposes. ...”

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