Wow,
That's a wall of words, but thanks for the responses.
Again, a special deputy *IS* a police officer. Period. Just wanted to lead off with that.
I'll try to respond to your questions, but sorry if I miss any, kinda pressed for time right now:
"Most are restricted bonds."
Do you know in what way(s) they are 'restricted'? That would be interesting to learn, especially if they are stamped on their Sheriff Commission cards.
" They have LEO Partners"
That's a *very* interesting dynamic. Wonder if that is somehow regulatory?
"49-6-4202."
(6) "School resource officer" means a law enforcement officer, as defined under § 39-11-106, who is in compliance with all laws, rules and regulations of the peace officers standards and training commission and who has been assigned to a school in accordance with a memorandum of understanding between the chief of the appropriate law enforcement agency and the LEA;
39-11-106
(21) "Law enforcement officer" means an officer, employee or agent of government who has a duty imposed by law to:
(A) Maintain public order; or
(B) Make arrests for offenses, whether that duty extends to all offenses or is limited to specific offenses; and
(C) Investigate the commission or suspected commission of offenses;
"49-6-4217"
(a) Training courses for school resource officers shall be designed specifically for school policing and shall be administered by an entity or organization approved by the peace officers standards and training (POST) commission.
(b) School resource officers shall participate in forty (40) hours of basic training in school policing within twelve (12) months of assignment to a school. Every year thereafter they shall participate in a minimum of sixteen (16) hours of training specific to school policing that has been approved by the POST commission.
It tends to indicate it applies to a regular police officer assigned to a school to provide law enforcement resources.
"School Security Officer is defined under 49-6-4206."
Well, actually that law was written for a school district awhile back. It doesn't create the title of sso. It says if you do (a) or (b) and (c) you fall under this code, and for the purposes of this code, we'll call it that.
It allows those people to do stuff involving juveniles while off-campus, but that's the complete extent of it.
"I could send you their training schedule"
Thanks, I really appreciate you reaching out, but I'll just take your word for it. Good enough for me. I think you're right about them getting some in-service towards their deputation, but that's a new thing. Might be because at some point they'll do something crazy like apply for blanket certification or something.
" Also wouldn’t they also have to have the driving training (EVOC) to be POST Certified?"
Yes. They'd have to have a certain amount of initial training, plus the yearly Vanessa K Free module. Knox county has their own track and instructors, so if they didn't get that during their school (only POST-approved schools can be truly called an 'academy') I can't imagine why.
"But in most states including Tennessee I thought you had to work for an actual Law Enforcement Agency and be POST Certified before you could even be an SRO. I am unsure on that."
That's my understanding, also; the US is in a Renaissance of school security right now, so difficult to say currently with any authority. Also, like the military, you can get anything waived if you have enough influence.
" They have 5 that did not go threw any type of training barley,"
See above last sentence; training requirements for special deputies in this state only came about a few years ago.
". Just numerous people in law enforcement and involving law enforcement tend to agree with me they are not police officers, SRO’s,or LEO’s. Also in addition Knox County Calls them “Security Officer or School Security Officers” when they refer to them over the radio and when they call them on the radio."
You're in high school, so you're familiar with cliques (clicks). It doesn't get any better when you get older. There is a pecking order in law enforcement. The gold standard is a full-time, sworn, certified Patrol officer. Everything else rates lower. Few FT people show any respect to reserves, and especially not a special deputy. Many look down on part timers.
Also
Look at the verbiage on the cars. If they could say 'Sheriff' or 'Police', they would in a heartbeat. Apparently, something is preventing that, so they don't have it on there. Schools... what?
This tells me they are in a grey area, as I've posted here over time. From a liability standpoint, grey is a dangerous place to be.
"Can you tell me the specific statue that defines Special Deputies as Law Enforcement Officers?"
Sure.
38-8-101. Part definitions
(6)
(A) "Special deputy" means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers.
(B) Any police officer working on a volunteer basis shall receive no pay or benefits, except for honorariums, and may be utilized for an unlimited number of hours.
(4) "Private special deputy" means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;
and
(3) "Part-time police officer," "temporary police officer," "reserve police officer," or "auxiliary police officer" means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status;
Note, these are laws. They hold more force than say a POST or C&I regulation, or state/local ordinance or county/city policy.
Also, see 38-8-106. Qualifications of police officers, for a list of things a special deputy have to be in order to be commissioned. Also see 38-8-118 and 8-8-212
"Also I could not find any mention under TCA 55-9-414 and 55-8-108 allowing special deputies to drive cars with/using a blue flashing lights or the combination of blue/red lights."
That whole section of code has been contentious. I've never seen a ticket thrown out over it, and Reserves have been given unmarked cars and worked plain clothes quite a bit, regardless of what that code reads.
This all goes back to my initial comments that sparked all of this off. You can get away with any thing if no one questions it. They appear to operate in a grey area, and as long nothing contentious that attracts WATE or a lawyer or some fb room video, they can continue to do whatever they want... forever.