August 28, 2008

Granting peace officer status

When the Legislature sent him 16 bills designating various local officials as peace officers in 2007, Governor Eliot Spitzer vetoed every one. Now Governor David Paterson must decide the fate of 11 similar bills.

The designation "peace officer" grants an individual the power to execute warrantless arrests, conduct warrantless searches and issue appearance tickets. However, it does not automatically authorize the carrying of a weapon.

The Legislature wants to extend peace officer status to specific jobs in these communities: Town of Windsor (uniformed court officers); New York City (certain employees of the business integrity commission); Cayuga County (marine patrol officers); City of Salamanca (dog control officer); Village of Northport (uniformed court officers); Village of Lake George (seasonal constables); Village of Southampton (uniformed fire marshals); Town of Huntington (uniformed fire marshals); Town of Islip (fire prevention employees); Town of Alden (court security officers); and Village of Westhampton Beach (uniformed court officers).

In 2007, Spitzer vetoed bills affecting Lake George, Southhampton, Huntington, Islip, Alden and Westhampton Beach.

Peace officer designation gives some employees, such as animal control officers, greater credibility when they deal with the public. In other cases, using peace officers, instead of cops, may save localities money, which is why Northport wants to use them in its justice court.

In his 16 vetoes, Spitzer expressed strong reservations about extending peace officer powers. He wrote:

These are very far-reaching powers that should not be granted lightly, and should only be granted to those who have received sufficient training.

Spitzer suggested the Legislature address the issue "on a more comprehensive basis, and determine which categories of employees may need peace officer powers on a statewide basis."

Posted by Lise Bang-Jensen

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