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Middlesex Sheriff Tightens "Civilian" Deputy Rules

(Click here to view the original thread on the MassCops Message Board)

Posted by: fscpd907

Middlesex sheriff tightens deputy rules
By Ann E. Donlan
Saturday, January 15, 2005

Middlesex Sheriff James V. DiPaola has ordered new policies to prevent abuses by civilian deputy sheriffs after Herald scrutiny of the use of official-looking badges by association members.

The swearing-in ceremony for the civilian sheriffs, who are not employed by the Middlesex Sheriff's Department, but can carry badges, will be held tomorrow.

DiPaola did not opt to yank the badges from the civilian ``reserve'' or ``special'' deputies, but has tightened policies after a Herald review found that sheriffs in other counties have discontinued the perk.

DiPaola will require each member of the Middlesex County Deputy Sheriff's Association to sign a document to acknowledge ``that the inappropriate use of my membership card or misrepresentation of my membership may result in my expulsion from the organization and/or criminal prosecution.''

A new disclaimer on the back of the card notes: ``This card is for identification purposes only. Absolutely no special privileges or immunities are conveyed to members and no law enforcement powers are conferred.''

The deputy sheriffs association had required members to provide a state-generated report showing whether they had a criminal record, but the Criminal History Systems Board ordered the practice stopped.


Posted by: texdep

Suppose it's a start.

Curious to see what Glodis does in Worcester County which has more "reserve" "deputies" than you can count!


Posted by: USMCTrooper

Quote:
Originally Posted by fscpd907";p=&quot View Post
Middlesex sheriff tightens deputy rules
By Ann E. Donlan
Saturday, January 15, 2005

Middlesex Sheriff James V. DiPaola has ordered new policies to prevent abuses by civilian deputy sheriffs after Herald scrutiny of the use of official-looking badges by association members.

The swearing-in ceremony for the civilian sheriffs, who are not employed by the Middlesex Sheriff's Department, but can carry badges, will be held tomorrow.

DiPaola did not opt to yank the badges from the civilian ``reserve'' or ``special'' deputies, but has tightened policies after a Herald review found that sheriffs in other counties have discontinued the perk.

DiPaola will require each member of the Middlesex County Deputy Sheriff's Association to sign a document to acknowledge ``that the inappropriate use of my membership card or misrepresentation of my membership may result in my expulsion from the organization and/or criminal prosecution.''

A new disclaimer on the back of the card notes: ``This card is for identification purposes only. Absolutely no special privileges or immunities are conveyed to members and no law enforcement powers are conferred.''

The deputy sheriffs association had required members to provide a state-generated report showing whether they had a criminal record, but the Criminal History Systems Board ordered the practice stopped.

It has been banted around here alot that "the law says this therefore they can" regarding powers of deputies. I think it is interesting then that the High Sheriff himself, under public scrutiny, has decided to limit the authority and eliminate the powers of these "special" or "reserve" deputies. However, if you apply the same argument used by those who feel a deputy is a deputy is a deputy and they can do this by statute and case law, HOW then can the sheriff limit anything on anyone he appoints. Once appointed under the below law, there are a few archaic statutes granting arrest powers to a sheriff anything (AKA special sheriffs & deputies) Can't someone who really wants to, invoke said law and do what they please??


Chapter 37: Section 4 Special sheriff; appointment; oath; bond; powers

Section 4. He shall appoint a special sheriff, who shall be sworn and shall give such bond to the sheriff as he may require for the faithful discharge of his duties. A special sheriff shall have the authority of a deputy sheriff. Upon his qualification, the sheriff shall send a written notice thereof, giving the name and residence of the appointee, to the state secretary, who shall record such notice in a book kept for the purpose.


Posted by: MCLEA

I think you might be confused between THE "Special Sheriff" and these honorary "deputies."

I believe the so-called "Special Sheriff," is usually also a "Superintendent." He is the 2nd in command of the Sheriff's office and performs the Sheriff's duties if the Sheriff is unable to. In Middlesex I believe the Special Sheriff is Ed Burns (Attorney and former prosecutor).

(The statute that you quoted mentions "A special sheriff..." indicating that the Sheriff many only appoint one.)

The "deputies" at issue here should not be confused with the Special Sheriff and only have those powers and duties (if any) that the Sheriff confers upon them. (in this case - absolutely no police authority)

Without limitation, special police officers have all of the powers and duties of regular police officers. However, appointing authorities can limit the powers of "special police officers" (e.g. - a store security guard who only has authority on the premises or "Rule 400" Boston Special Police Officers). There is no statute explicitly governing special police officers - however they are appointed via G.L. c. 41 Sec. 98 (the same statute which governs the appointment of regular police officers) and the SJC has recognized them through caselaw. The Sheriffs may also be able to limit the powers of these honorary deputies just as municipal appointing authorities can limit the authority of those officers who they appoint.


Posted by: IRISH SCREW

These so called Deputies are nothing but a bunch of "CLOWNS" that made a donation to someone's campaign fund and got a piece of tin to show all of their friends. They give the rest of us screws/cops a bad name! If they don't walk the walk why are they allowed to talk the talk! Just my 2cents.


Posted by: k9sheriff

It's time that the legislature got off there a$# and did something about some of the Sheriff's Departments that still allow for these so called Reserve or Special Deputies.Anyone knows that they are nothing but a scam to raise money for the Sheriff.My Department thankfully had the wisdom get rid of this and ordered these clowns to return the badges which was about 8 years ago.It's hard enough to earn respect in this state working for a Sheriff's Department, and then to have to read about this garbage in the paper.I can see why Police officers get pissed off.They have every right to be.


Posted by: Hooah

~DISCLAIMER: I am not a: sheriff, deputy sheriff, reserve deputy, special deputy, member of the sheriffs and deputies fan club, jailer, county corrections officer or in any way employed by or related to anyone employed by or befriended by anyone employed by a sheriff in any county in the commonwealth.~

Some of you are right. The reserve or special deputies they are referring to here are basically agency supporters. The same way we give rear window vehicle decals in the shape of badges to police supporters. I am not saying this is a good practice, but, it is an innocent one.

Reserve or special deputies that are sworn, trained and required to perform a minimum amount of hours per week, month or quarter would be completely different. This would be an OK practice, just like Reserves, Specials and Auxiliaries in municipalities.

There has been a bunch of sheriff and deputy "bashing" in various threads here in the past couple of months and most of it has been off base. There is plenty of authority and power; to include arrest powers in Mass law. All of a police officer's power comes from statutory law, a sheriff and deputy derives power from common and statutory law.

Oh well... let the thread continue...


Posted by: jo

There is no need for anyone that is not EMPLOYED as a deputy, police officer, fire fighter, ect to be issued a badge. This not only happens at a sheriffs department, but many small town chiefs and select-boards appoint "that guy" who has never worked a shift and never will. He plasters his car with MPA stickers and carries a valid id. You guys out east with larger departments probably don't have this problem as much. Most times you can weed these nuckle heads out with a cauple job related questions.


Posted by: texdep

Hooah-

Your comment about trained reserve deputies who have to do something might be better than the current practice of giving badges and ids instead of receipts for campaign donations.

However, what do you propose they do?? The full-time deputies don't appear to be welcome - (see sheriffs with chap 90 thread) are you really suggesting putting reserve deputies into the mix as well????


Posted by: newbiResvPO

I am a Deputy Sheriff with Plymouth County. As Capt. Catalino (hope I spell his name right!) told us in my academy days! We must have know somebody! A Sgt, Lt, Det, Chief, Sheriff, etc. to get on the job!

To set the record straight at PCSD all the Deputies are sworn in as LEO, I am not going to said that we don't have knuckleheads either. For I am sure that all depts! We probabley have more because of our size.

What I am saying is that most of the Deputies use the position to get more experience on the job and as stepping stone to get into other positions within our dept or another LEO dept.

I mainly work with inmates who are admitted in the hospital and road details and security for various towns in the county. Usually, when a town is unable to find coverage from thier own officers.

We serve at the pleasure of the Sheriff, so I gather if someone was not doing thier job. They be removed. As simple as that! So, donations or holding signs MAY get one the job, but in the end it is the quality of ones' work that counts.

I was appointed under the past Sheriff McDonough and reappt again with the New Sheriff McDonald. I pride myself in doing the best job for the dept and/or the police dept assigned.

I just wish that others depts realize that we do have great people working as Deputies, COs' and CO's who are Deputies who pride themselves as professionals. So please do not judge the whole dept. because of a few knuckleheads! Rather report them to your superiors or call the Sheriff, so they can wean out!

Thanks,

Len

Just my two-bits




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