Mississippi Advisory Opinions November 19, 1986: AGO 000007672 (November 19, 1986)

AGO 000007672.

Dear Mr. Barber:

Attorney General Edwin Lloyd Pittman has received your request for an opinion and has assigned it to the undersigned for research and reply. In your letter you state:

I was employed full time as a police officer in 1978-79. In 1980-81 I was a full time deputy. Constable of my district in 1984 and presently serving at this time.

I have never attended the Miss. Law Enforcement Officers Training Academy.

Please advise me on the following questions:

If I run for Constable again next year will I have to attend the Academy 8 wks. or will I be covered under the grandfather clause since the law was passed while I was already serving as Constable?

If I don't have to attend the academy will there be some type of refresher course offered? At who's expense?

Miss. Code Ann. 19-19-5(2) (1972, as amended) was amended by General Laws of Mississippi of 1986, Chapter 441, 3 to read as follows:

During a constable's term of office, each constable shall satisfactorily complete an appropriate curriculum established by the Board on Law Enforcement Officers Standards and Training in the field of law enforcement at the Mississippi Law Enforcement Officers' Training Academy or such other police academies that are approved by the Board on Law Enforcement Officers Standards and Training pursuant to Section 45-6-9. The board of supervisors of the county shall be responsible for paying, only one (1) time, the tuition, living and travel expenses incurred by any constable of that county in attendance at such training program or curriculum. If such constable does not satisfactorily complete such program or curriculum, any further training which may be required by this section shall be completed at the expense of such constable. No constable shall be entitled to the receipt of any fees, costs or compensation authorized by law after the first twelve (12) months in office if he fails to satisfactorily complete the academy within twelve (12) months after his taking office. The provisions of this subsection shall apply to constables elected at the November 1987 general election and to those who are elected at subsequent elections.

The Legislature provided no "grandfather clause" for this training requirement. Every constable elected in 1987, or thereafter during his term of office, is required to attend training set by the Board on Law Enforcement Officers Standards and Training. A term of office of a constable is four years, as set by the Mississippi Constitution of 1890, Article 6, 171.

Thus, no matter how long an individual has served as constable, each four years a new term of office begins. Therefore, there is no "grandfathering" to be done.

It is the opinion of this office that every constable, no matter what his previous service, training or experience, elected in 1987 or thereafter must satisfactorily complete an appropriate curriculum within twelve months of taking office. This applies to every term of office for which he is elected. Thus, if a constable serves one term, attends training, and is then re- elected for a second term, he must attend training during the second term as well. The Board of Supervisors must pay for this training one time during each term.

The Board may, of course, take into account prior service, training and experience in establishing an appropriate curriculum.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL STATE OF MISSISSIPPI

By:

Donald G. Barlow Special Assistant Attorney General

DGB:mw