Mississippi Advisory Opinions May 06, 1987: AGO 000007888 (May 6, 1987)

AGO 000007888.

Dear Constable Gore:

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

"I need clarification on the question in Mississippi with six years in office do I have to go to school. The time in office is worth all the schooling I could get. If a person hasn't got any training I could see going to school."

In response to your letter please find enclosed a copy of 19-19-5, Mississippi Code Annotated 1972, as amended, which reads in part:

"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 comepnsation 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."

It is the opinion of this office that no grandfather clause exists which would exempt constables now serving in office from being required to successfully complete a course of training as required by the above statute. However, it is the understanding of this office that the Board on Law Enforcement Officers Standards and Training has established policy as to what consideration will be given constables who have passed law enforcement experience.

If you are in need of more specific information on the number of days or the exact curriculum in which constables will be required to successfully pass you may wish to contact Mr. Mackey Hopkins who is the Director of the Board on Law Enforcement Officers Standards and Training which is located in Jackson, Mississippi.

Trusting that the above is sufficient to answer your question.

Very truly yours,

EDWIN LLOYD PITTMAN, ATTORNEY GENERAL

BY

Ryan Hood Special Assistant Attorney General

RH:mfd