Off duty, on call: Legislative action would protect police doing security work after shift duties end
Mar 02, 2010 | 2601 views | 18 
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Shown Monday evening at Glen Addie homes, Tim Suits and Clint Parris work for the Anniston Housing Authority outside of their regular hours as Anniston police officers. (Star photo by Bill Wilson)
rwalker@annistonstar.com
In Alabama, assaulting a law enforcement officer in the line of duty is a felony, but only if he or she is on the clock. If a proposal now in front of state legislators becomes law, assaulting uniformed officers working off duty can be a felony as well.
For many officers, working as security guards for sporting events, banks and other businesses is a way to supplement income.
All public school systems in Alabama hire off-duty officers as security for ball games, said Bill Kennedy, Talladega County sheriff’s captain and legislative chairman of the state Fraternal Order of Police. He’s worked closely with lawmakers and district attorneys to craft the proposed bills now working their way through the House and Senate to strengthen officers’ legal protection.
Kennedy said he saw the need for this legislation after a Talladega County deputy was assaulted as a security guard, but the suspect was charged with a misdemeanor.
“Circuit and appellate courts said he was a security guard at the time because he was not in uniform and not working for the county,” Kennedy said. “I didn’t know we had a switch that gets flipped on and off.”
Officers working security while off duty currently cannot investigate crimes they did not witness, Kennedy said.
“It’s catchy, because if we see a crime committed in front of us, we become a police officer automatically. But if you’re at a football game, and there’s a fight and you don’t actually witness it, then when the principal comes up to get a police officer, you’re just a security guard,” he said.
The proposed legislation will give off-duty officers hired by private parties the legal rights and protections afforded on-duty officers. The only difference will be who pays them. If the bill doesn’t pass, Kennedy said, hiring off-duty officers could become expensive.
“They will have to reimburse wages, FICA, retirement — the whole works,” he said.
Jacksonville schools Superintendent Eric Mackey said the school system’s employment of off-duty cops is vital. His system hires Jacksonville officers at least 40 nights a year, he said.
“I wouldn’t even want to think about what we’d do (without off-duty officers),” he said. “If something happened, we’d have to call for officers. It could be a terrible situation.”
Mackey said the simple presence of a uniformed officer can insert calm into a tense situation. He recalled a basketball tournament in which an officer had to ask an unruly parent to leave.
“I can’t imagine if school staff had asked him to leave,” he said. “If an altercation took place, we’re not able to handle that. It could escalate before police arrive.”
The proposed legislation requires off-duty officers to obtain permission from their supervisors before serving in uniform as a security guard, said House bill sponsor Rep. Randy Wood, R-Saks. Most already have that requirement, he said.
Senators Del Marsh, R-Anniston, and Jim Preuitt, D-Talladega, are sponsors of a similar bill in the Senate. Attempts to contact Marsh and Preuitt Monday were unsuccessful.
In the Senate, the bill stalled after its first reading on Jan. 19. The House version is ready to go to the floor for a vote, Wood said.
The bill could require increased expenditure of local funds if passed. Wood said the cost would be minimal, and would probably be caused by a higher cost of liability.
“But you talk about saving someone’s life — you can’t put a price on that,” he said.
Contact Star staff writer Rebecca Walker at 256-235-3562.
I will have to agree with you that we are not 100% free.
America is also the most horrible overbearing country in the world with the exception of all the rest.
I am not very financially stable right now but if you are willing to renounce your citizenship and move to another country never to return and relinquish your passport, I will pay for your plane ticket. No kidding, honest offer.
The world is your buffet............
If you decide you would rather stay, lets find out how to make the USA better!
In a world of lies and deception did you ever think you would hear truth come out of anyones mouth unless it is verified and tested? What is happening right before your eyes is a bonified police state being put together to keep the herd in line and act the way that government sees fit.From what I read in the paper , there are more people dead at the hands of the police than there are police being killed. I guess it depends on which side of the line you are standing on that determines your viewpoint right?You name says LiveFreeorDie but are you really free ? Look up factual truth and you will see that we are not so free after all.
You must have me mixed up with someone on the camera comment, it's not mine.
It seems we agree on some of the problem. Take a look at what propmted the bill in the article. It was a crazy ruling from a judge legislating his beliefs from the bench. That's one reason we have a huge state constitution is to counteract these judges stupid case law.
I don't agree with the hate crimes law either. We are all protected by the same laws and the law should be applied equally which it is not. We need to do away with these country club federal detention facilites and let everyone sit in the same hole.
Thanks for the discussion.
I'm not anti-Police. I'm anti-policy. I believe that the law enforcement model employed by most departments in the U.S. is ineffective and creates an adversarial relationship between the Police and the People. We don't trust the Cops, and the Cops don't trust us. This I believe is because of the recruiting and training standards used by agencies, and the overall view of the role of law enforcement held by Politicians and Bureaucrats. These are decisions that are made well out of the influence of the public or of the Officer. Before we go calling the Police "heroes," let's not overlook Castle Rock v. Gonzales (2005) and Deshaney v. Winnebago County (1989) - two Supreme Court rulings that held that the mandate of Police is to protect the property and interest of the State, and not to protect the rights or safety of the individual citizens. That effectively makes them a private security force funded by public money. Should we treat Mall-Cops as heroes too for protecting Spencer's and the food court?
I still believe that this proposed law is just as Constitutionally bankrupt as the Hate Crimes Legislation that values one life more than another simply because of class or status.
Your advocation of cameras scares me. We are already under enough government surveillance that violates our privacy. This is not the Soviet Union. It is too easy for the system to use those cameras to quash dissent and speech.
I do agree that more resources should be devoted to real criminal investigations, and not on generating county revenue on the backs of motorists. USA Today did a great story a year ago about Officers who have left the job disillusioned that they were nothing more that an extension of the revenue department, and not really making a difference for their communities since during the recession they have been reassigned to full time traffic ticket duty instead of crime prevention and investigations.
Let me first say that I don't automatically give "police" a pass and am not real impressed with the service we get out of our troopers for what we pay them. I for one think we shold have troopers working more crimes as investigators and less trafic citations. We can hire cameras alot cheaper than paying a officer to run traffic.
I don't think either of you have ever carried a firearm in defense of our city, county, state or country. I have. I am certain you have never been shot at in the performance of your duties, I have.
Please take some time to research a fairly recent incident in Cleburne county where Officer Howell made a routine traffic stop over a equipment violation and the driver shot him in the face. Howell would have died right there if a reserve non paid deputy had not been riding with him that night. Howell is still not right and never will be. Yes officers know what the pay is and what they are getting into but you might consider cutting some of them some slack.
In particular you might consider thanking Howell for taking one for all of us.
"Since 911, the police have been put on a pedestal and deified as gods who can do no wrong" Really? Must have missed the memo on that one. Pin on the badge, strap on a gun and give it a try there sport.
Hulsey76 Re your facts already in 2010 there have been 34 Officers killed....up 112% over last year...and as for your badge bunny comment, apparently someone is a little green...just an observation...
Proud Law Enforecment Officer of 17 years and numerous critical incidents...and still proudly serving!
This legislation is the type of thing that scares me and should scare any freedom loving person. If a Police Officer is in his official uniform, or has reasonably identified himself as an Officer, then yes, whatever you do against him you have done against an Officer. However, if he is not identified as an Officer, or is wearing the uniform of a non law-enforcement agency or company, he is acting as a civilian, and an altercation with him should be treated as an altercation between civilians. Unless I have misunderstood this proposed law, it gives Cops way too much leeway.
And for those Badge-Bunnies out there, who think Cops can do no wrong - here are the facts:
According to the Bureau of Labor Statistics, Police work isn't the most dangerous profession. In fact, in 2008 144 Officers were killed. 50% of fatalities were traffic related - only 32% were homicides. That's one in 6,136. Not exactly the most dangerous job when you consider that 715 Truck Drivers were killed. 317 Farmers died performing their job. 227 Groundskeepers were killed on duty. 720 Construction Workers lost their lives at work.
As far as the low pay, the median per-capita income in the State of Alabama is 18,189 according to the U.S. Census. The Median Household Income (for all persons in the household working) was 42,586. The Median Annual Salary for one Police Officer in Alabama was 35,670. I'd say the Police are making pretty good money, especially when you consider the State benefits.
We have to keep these things in perspective before we go knee-jerking into legislation that is not good for the people. One final thought: How would not passing this Bill make hiring off-duty Cops any more expensive than it is now, without such a law? That doesn't even make sense.
I understand your frustration and agree that our officers should be paid more.
The real question is if you are will stay mad enough to do anything about this. You can start doing some research and pick one Judge or one elected official that makes you sick and work you butt off to defeat them this year. Remember we are a nation of laws, rules and regulations. Just because they don't follow them doesn't mean it gives us the right to follow their example. Do the research, get the facts and make a difference.
I come from a family with multiple law enforcment officers.
As far as I know the schools and other organizations are free to hire anyone they want. The real issue is that with private security you only get what you pay for and that usually means that the individual has not been to the academy and does not have arrest powers. Now don't get me wrong in that I am criticizing some of the security individuals which I am not.
With a security individual they have no arrest powers and if a situation occured they would have to supervise the individual until officers arrived. In reality all they can do is ask nicely and as a last resort forcefully. If the individual calls their bluff they can't respond any further.
I am definately opposed to big government but with the existing laws this to me is one of those rare situations where I think that government has provided a product without out any tax dollars being involved, if we ignore the cost of the car, and the public is willing to pay the bill for the service. In reality government is not the real provider but the individuals themselves. The departments usually support the process with the cars because it does provide a service to the community at a reduced rate.
Years ago I ran a midweek paper route in Hobson City and met some of the nicest old men and women you could imagine. Why do we need to have offficers in the government provided in the gov't projects anyway. It's our fault for not being tough enough on the crime. Those good folks are under seige and we all need to help them out. That might be assisting with neighborhood watches but more likely booting out the sorry lawyers and judges that help to perpetuate crime and criminals. We have a couple of good prospects to give the boot to in Calhoun and the surrounding counties this year. The officers do their job but the judges, juries and we the citizens have allowed it to become a catch and release game.
Sounds like unfair government competition with small business.
They are saying;"The only difference will be who pays them" and if it doesn’t pass, hiring off-duty officers could become expensive.“They will have to reimburse wages, FICA, retirement — the whole works....