MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Municipalities; County Affairs

By: Representative Short

AN ACT TO AUTHORIZE POLICE OFFICERS, DEPUTY SHERIFFS AND AUXILIARY DEPUTY SHERIFFS TO ENGAGE IN PRIVATE EMPLOYMENT AS SECURITY GUARDS WHEN SUCH INDIVIDUALS ARE NOT WORKING FOR A MUNICIPALITY OR COUNTY; TO PROVIDE THAT MUNICIPALITIES AND COUNTIES MAY AUTHORIZE THE USE OF CITY-OWNED OR COUNTY-OWNED EQUIPMENT BY POLICE OFFICERS OR DEPUTIES WHEN THEY ARE WORKING AS PRIVATE SECURITY GUARDS; TO REQUIRE MUNICIPALITIES AND COUNTIES TO COLLECT A FEE FOR THE USE OF CITY-OWNED OR COUNTY-OWNED EQUIPMENT BY POLICE OFFICERS AND DEPUTIES AND TO REQUIRE SUCH FEES TO BE USED EXCLUSIVELY FOR THE PURCHASE OF EQUIPMENT FOR THE POLICE OR SHERIFF'S DEPARTMENT; TO PROVIDE THAT MUNICIPALITIES AND COUNTIES SHALL NOT ASSUME ANY LIABILITY BY AUTHORIZING THE USE OF CITY-OWNED OR COUNTY-OWNED EQUIPMENT; TO AMEND SECTIONS 19-25-19 AND 19-25-27, MISSISSIPPI CODE OF 1972, IN CONFORMITY THERETO; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following provision shall be codified as a separate code section in Chapter 21, Title 21, Mississippi Code of 1972:

(1) Any member of a municipal police force may engage in private employment as a security officer with an entity other than the municipal police department during the hours when that individual is not required to work for the municipality. However, no member of the police force may utilize any equipment owned or issued, or both, by the municipality while he or she is employed as a private security officer unless the municipality has adopted an order in accordance with subsection (2) of this section.

(2) The governing authorities of a municipality, in its discretion, may adopt an order authorizing the members of the municipality's police force to use equipment owned or issued, or both, by the municipality while employed as a private security officer. The order shall identify clearly those items that may be used in the performance of duties as a private security officer, including, but not limited to, police uniforms, badges, revolvers, ammunition and automobiles, and the order shall specify that the use of any such equipment shall be subject to the approval of the municipality's chief of police. The governing authorities shall promulgate any regulations and procedures that may be necessary in regard to such use of equipment owned or issued, or both, by the municipality. The regulations and procedures shall be included in the order adopted by the municipality under this subsection.

(3) Any member of the police force authorized to use equipment owned or issued, or both, by the municipality as a private security officer shall pay a fee, to be established by the governing authorities in the order, to the municipality for the use of such equipment. The minimum fee charged for any single item of equipment shall be One Dollar ($1.00) for each shift worked by the officer for an entity other than the municipality. The governing authorities shall establish the procedure for assessing and collecting the fee or fees from the officers. All fees collected under this subsection shall be deposited into a separate account in the general fund of the municipality. Monies in the account shall be used exclusively for the purchase of equipment by the municipality for the police force.

(4) The adoption of an order by the governing authorities under subsection (2) of this section shall not be an assumption of any liability by the municipality for the act or acts of any member of the police force using equipment owned or issued, or both, by the municipality when the individual is engaged in private employment as a security officer with an entity other than the municipal police department. A police officer performing services as a private security officer shall not be considered an agent of the municipality and shall have the power to make arrests only as a private person under Section 99-3-1.

SECTION 2. The following provision shall be codified as a separate code section in Chapter 25, Title 19, Mississippi Code of 1972:

(1) Any deputy sheriff or auxiliary deputy sheriff may engage in private employment as a security officer with an entity other than the sheriff's department during the hours when that individual is not required to work for the county. However, no deputy sheriff or auxiliary deputy sheriff may utilize any equipment owned or issued, or both, by the county while he or she is employed as a private security officer unless the board of supervisors has adopted a resolution in accordance with subsection (2) of this section.

(2) The board of supervisors of a county, in its discretion, may adopt a resolution authorizing the deputy sheriffs and auxiliary deputy sheriffs to use equipment owned or issued, or both, by the county while employed as a private security officer. The resolution shall identify clearly those items that may be used in the performance of duties as a private security officer, including, but not limited to, uniforms, badges, revolvers, ammunition and automobiles, and the resolution shall specify that the use of any such equipment shall be subject to the approval of the sheriff. The board of supervisors shall promulgate any regulations and procedures that may be necessary in regard to such use of equipment owned or issued, or both, by the county. The regulations and procedures shall be included in the resolution adopted by the board of supervisors under this subsection.

(3) Any deputy sheriff or auxiliary deputy sheriff authorized to use equipment owned or issued, or both, by the county as a private security officer shall pay a fee, to be established by the board of supervisors in the resolution, to the county for the use of such equipment. The minimum fee charged for any single item of equipment shall be One Dollar ($1.00) for each shift worked by the deputy sheriff or auxiliary deputy sheriff for an entity other than the county. The board of supervisors shall establish the procedure for assessing and collecting the fee or fees from the deputy sheriffs and auxiliary deputy sheriffs. All fees collected under this subsection shall be deposited into a separate account in the general fund of the county. Monies in the account shall be used exclusively for the purchase of equipment by the county for the sheriff's department.

(4) The adoption of a resolution by the board of supervisors under subsection (2) of this section shall not be an assumption of any liability by the county for the act or acts of any deputy sheriff or auxiliary deputy sheriff using equipment owned or issued, or both, by the county when the individual is engaged in private employment as a security officer with an entity other than the sheriff's department. A deputy sheriff or auxiliary deputy sheriff performing services as a private security officer shall not be considered an agent of the county and shall have the power to make arrests only as a private person under Section 99-3-1.

SECTION 3. Section 19-25-19, Mississippi Code of 1972, is amended as follows:

19-25-19. Every sheriff shall have power to appoint one or more deputies to assist him in carrying out the duties of his office, every such appointment to be in writing, to remove them at pleasure, and to fix their compensation, subject to the budget for the sheriff's office approved by the county board of supervisors. The deputies shall have authority to do all the acts and duties enjoined upon their principals. Every deputy sheriff, except such as may be appointed to do a particular act only, before he enters on the duties of office, shall take and subscribe an oath faithfully to execute the office of deputy sheriff, according to the best of his skill and judgment. The appointment, with the certificate of the oath, shall be filed and preserved in the office of the clerk of the board of supervisors. All sheriffs shall be liable for the acts of their deputies, other than those acts performed by deputies engaged in private employment as a security officer, and for money collected by them. The circuit court, after a notice and a hearing, shall have power to remove * * * deputies and also bailiffs, upon a showing that the public interest will be served * * * by their removal. Each deputy sheriff shall be at least twenty-one (21) years of age, a qualified elector of the State of Mississippi, and shall not have been convicted of a felony. Before appointing any person a deputy sheriff, the sheriff shall determine that the proposed appointee is of good moral character and is capable of fairly and impartially enforcing the law of the State of Mississippi.

SECTION 4. Section 19-25-27, Mississippi Code of 1972, is amended as follows:

19-25-27. When any fine, penalty, or judgment shall be assessed or rendered against a sheriff or his sureties, for or on account of any misconduct of a deputy other than misconduct of a deputy while he or she is engaged in private employment as a security officer, the court in which the fine, penalty, or judgment shall be rendered shall, upon motion by the sheriff or his sureties, give judgment against the deputy and his sureties, jointly and severally, for the full amount of all such fines, penalties, or judgments, and shall award execution therefor. The deputy and his sureties shall have five (5) days' notice of such motion.

SECTION 5. This act shall take effect and be in force from and after its passage.