Opinion
November 21, 2006.
1B AERONAUTICS 60 LAW OFFICER — AUTHORITY JURISTICTION
R.S. 2:326, R.S. 2:131, R.S. 2:138
The Airport District No. 1 of Calcasieu Parish is not an "authority" but is an arm of the parish under the Uniform Airports Acts, 2:131et seq. An airport district lacks authority to establish an independent police force; Rather, a parish or a municipality is statutorily empowered under R.S. 2:131 and R.S. 2:138 to establish and police an airport.
Mr. Robert S. Kleinschmidt, Jr. Assistant District Attorney Fourteenth Judicial District Lake Charles, LA
Dear Mr. Kleinschmidt:
As general counsel for the Airport District No. 1 of Calcasieu Parish, you ask questions regarding the establishment of an internal police force for the protection of patrons and property located at Lake Charles Regional Airport. We restate your questions below.
1. Does R.S. 2:326(C) grant Airport District No. 1 the authority to establish an airport police force?
Airport District No. 1 of Calcasieu Parish was created pursuant to the provisions of law governing airport district, R.S. 2:311, et seq. The airport district is governed by a board of commissioners who "shall serve at the will of the governing bodies of the respective parishes appointing such commissioners." See R.S. 2:321. Further, R.S. 2:326 defines the authority of the airport district and states:
§ 326. Authority of airport district
A. An airport district is a public corporation and has all powers of public corporations including the right and power to incur debt and contract obligations, to sue and be sued, to have a corporate seal, and to perform in its corporate capacity and in its corporate name all acts necessary and proper for the purpose of acquiring, constructing, maintaining, and operating airports and airport facilities, including both movable and immovable property.
B. An airport district may expropriate property for the purpose of acquiring the necessary land and rights of way for the construction of airports and for the construction of roads, drains, or other facilities necessary or incidental to the construction and operation of airports. No airport district shall expropriate property outside the boundaries of said district. If the district was formed by a single municipality or political subdivision, no property shall be expropriated by the district without the concurrence of the governing authority of said municipality or political subdivision. If an airport district was formed by two or more municipalities or political subdivisions, no property shall be expropriated in any one thereof without the concurrence of the governing authority of that municipality or political subdivision.
C. An airport district, through its governing authority, may by resolution or ordinance establish, maintain, and collect proper and reasonable rates, charges, rents, or other fees for the use of the facilities of the airport. The governing authority may provide for the housing of any airplane at suitable facilities within a district. An airport district may adopt and enforce regulations necessary for the protection of the safety of persons using airports constructed and maintained by the district.
D. An airport district may enter into agreements with the United States or with any state or federal agency necessary to procure aid and grants to assist the district in carrying out the purposes for which it was created. (Emphasis added).
In response to your first question, there is no statutory authority for the airport district to establish an independent police authority and hire police personnel, and the emphasized portion of R.S. 2:326(C) quoted above does not confer such authority on the district. Rather, a parish or a municipality is statutorily empowered under R.S. 2:131 and R.S. 2:138 to establish and police an airport. These statutes respectively provide:
§ 131. Definition; political subdivisions may acquire airports
A. "Political subdivision" as used in this Part means any parish of this state as well as any city or county of another adjoining or adjacent state which is authorized by the law of that state to engage in a joint endeavor for the creation and operation of an airport district with a political subdivision of this state. In any such joint endeavor, except to the extent manifestly inconsistent with this Part, the law of that state will govern the acquisition of lands in such other state and the appointment, term of service, and compensation for commissioners appointed by or for such city or county.
B. Cities, towns and other political subdivisions may separately or jointly, acquire, establish, construct, expand, own, lease, control, equip, improve, maintain, operate, regulate, and police, airports and landing fields for the use of aircraft, either within or without the geographical limits of such municipalities, and other political subdivisions, and may use for such purposes any available property that is owned or controlled by such political subdivisions; but no political subdivision shall exercise the authority hereby conferred outside of its geographical limits except in an adjoining political subdivision or in any adjoining political subdivision adjacent to said adjoining political subdivision and this only jointly with those political subdivisions.
§ 138. Authority of police airports
Cities, towns, or other political subdivisions of this state acquiring, establishing, developing, operating, maintaining, or controlling airports or landing fields, without the geographical limits of such subdivisions, under the provisions of this part, may promulgate, amend, and enforce police regulations for such airports or landing fields.
Further explanation of the status of airport security personnel vis-à-vis an airport district comes from jurisprudence and previous opinions issued by this office. Citing the case of Hair vs. City of Baton Rouge, 297 So.2d 451 (La.App. 1 Cir. 1974), this office has concluded that the Baton Rouge Airport Authority is not an "authority" under the Airport Authorities Act, R.S. 2:601 et seq., but is instead, an arm of the municipality itself under the Uniform Airports Act, 2:131 et seq. "In other words, the officers are not employees of a political subdivision separate from the municipality, but are instead employed under the municipality's authority under R.S. 2:131 and R.S. 2:138 to establish and police a city-owned airport." See Attorney General Opinion 83-43 and Attorney General Opinion 01-288, copies attached.
Similarly, the Airport District No. 1 of Calcasieu Parish is not an "authority" but is an arm of the parish under the Uniform Airports Act, 2:131 et seq. Again, these employees would necessarily be employees of the parish (for instance, commissioned by the sheriffs office) or employees of the municipality (commissioned by the municipal police department). In either instance, it is assumed that these security personnel would be provided for by an appropriate cooperative endeavor agreement between the airport district and the law enforcement agency.
2. Are the powers of the airport police force limited to regulations adopted by Airport District No. 1 or would the airport police force have full arrest powers for violations of federal and/or state and local laws?
In response to your second question, the airport security personnel would have the arrest authority of a "peace officer" and as further defined by the commission received from their respective law enforcement agency. Note that R.S. 40:2402 defines peace officer as "any full-time employee of the state, a municipality, a sheriff or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department."
This office has previously determined that airport security officers are to be classified as "peace officers" under R.S. 40:2405 and as such must complete the basic law enforcement training course as defined therein. See Attorney General Opinion 82-1125, copy attached. This office has also previously determined that officers commissioned by the Calcasieu's parish sheriffs office (with pay supplemented by the airport commission) who police Lake Charles Chennault Field are considered peace officers. See Attorney General Opinion 83-231, copy attached.
Concerning the powers of arrest, note that a peace officer may without a warrant arrest a person in certain instances, pursuant to C.Cr.P. Art. 213.
C.Cr.P. Art. 213 states:
A peace officer may, without a warrant, arrest a person when:
(1) The person to be arrested has committed an offense in his presence; and if the arrest is for a misdemeanor, it must be made immediately or on close pursuit;
(2) The person to be arrested has committed a felony, although not in the presence of the officer;
(3) The peace officer has reasonable cause to believe that the person to be arrested has committed an offense, although not in the presence of the officer, or
(4) The peace officer has received positive and reliable information that another peace officer from this state holds an arrest warrant, or a peace officer of another state or the United States holds an arrest warrant for a felony offense. A peace officer in close pursuit of a person to be arrested, who is making an arrest pursuant to this Article may enter another jurisdiction in this state and make the arrest.
The courts have recognized the wide latitude given to police departments, sheriffs offices, and other law enforcement agencies in making their own reasonable regulations, including the carrying of firearms and ammunition by police officers while on and off duty.Lally v. Department of Police, 306 So.2d 65 (4th Cir. 1974).
3. Absent the establishment of specific state legislation of joint services agreements with other local law enforcement agencies, is there any authority for Airport District No. 1 to establish an independent police force with full authority to enforce federal and/or state and local laws?
In response to your third question, our research reflects no statutory authority or other authority empowering the airport district to create its own police force, absent a cooperative endeavor agreement to the contrary.
We hope the foregoing is helpful to you. Should you have other questions in which we may provide assistance, please contact this office.
Very truly yours,
CHARLES C. FOTI, JR. ATTORNEY GENERAL
KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL
KLK:arg
SYLLABUS
OPINION 06-0253
1B AERONAUTICS
60 LAW OFFICERS — Authority Jurisdiction
The Airport District No. 1 of Calcasieu Parish is not an "authority" but is an arm of the parish under the Uniform Airports Act, 2:131et seq. An airport district lacks authority to establish an independent police force; Rather, a parish or a municipality is statutorily empowered under R.S. 2:131 and R.S. 2:138 to establish and police an airport.
Mr. Robert S. Kleinschmidt, Jr. Assistant District Attorney Fourteenth Judicial District Lake Charles, LA
Date Received:
Date Released:
KERRY L. KILPATRICK ASSSITANT ATTORNEY GENERAL
OPINION NUMBER 83-43
February 16, 1983.
1-B . . . AERONAUTICS — AIRPORTS — CIVIL AIR PATROL
60 . . . LAW OFFICERS — AUTHORITY JURISDICTION
71 . . . MUNICIPALITIES
Baton Rouge Airport Police Officers are municipal police officers entitled to supplemental pay.
R.S. 33:2218.2 R.S. 2:131 R.S. 2:138
Mr. Sid Gautreaux Chairman Board of Review Municipal Police Officers Supplemental Pay Baton Rouge, Louisiana
Dear Mr. Gautreaux:
In your letter dated January 11, 1983, you requested an opinion of this office relative to the eligibility of the Baton Rouge Municipal Airport Police officers for supplemental pay.
The pertinent portion of R.S. 33:2218.2 states, in Part C:
"For purposes of this Subpart a municipal police officer entitled to additional pay of state funds shall mean and refer to: (1) Any person employed on a full time basis by a municipality and all of whose compensation out of public funds is paid solely from municipal funds for full-time work as a duly commissioned law enforcement officer for the performance of primary duties which encompass the enforcement of state laws and municipal ordinances including actual enforcement of state and local traffic laws, the making of physical arrests, testifying in court, bearing arms and other like functions."
In determining whether the airport police officers are within the coverage of this provision, the purpose of supplemental pay provisions should be considered. That purpose is stated in R.S. 33:2218.1, which states that the Legislature under its police power, in the hope of promoting public peace and safety by providing better enforcement of the law, and particularly the enforcement by municipal police officers, elects to supplement the pay of such officers. Except where this purpose would be clearly abased, the supplemental pay provisions should be broadly construed so as to favor an employee's inclusion within its coverage.
The municipal airport police officers perform law enforcement functions including presumably the power to make arrests, bear arms, etc., along with crime prevention, inspection and investigative responsibilities. As such, the characterization of these officers as law enforcement officers within the meaning of the statute is apparent.
The decisive issue, however, is whether the airport police officers, as law enforcement officers, are "municipal" law enforcement officers. The determining factor is not whether such officers are under the direction of the Baton Rouge City Police Chief, but instead is whether the compensation for such officers is derived from public funds paid by the municipality. Were the Airport Authority a separate corporate body founded under the Airport Authorities Law, the conclusion that such officers were not paid by the municipality might be justified. However, in the case of Hair v. City of Baton Rouge, 297 So.2d 451 (Ct.App. 1st Cir. 1974), the court lent support to the conclusion that the Baton Rouge Airport Authority is not an "authority" under the Airport Authorities Act, but is instead, an arm of the municipality itself under the Uniform Airports Act. In other words, the officers are not employees of a political subdivision separate from the municipality, but are instead employed under the municipality's authority under R.S. 2:131 and R.S. 2:138 to establish and police a city-owned airport.
Therefore, under the facts available to this office, the airport police officers appear to be "municipal police officers" under the supplemental pay provisions. The resolution of the Baton Rouge City Council of May 12, 1982, recognizing these officers as municipal police officers supports this conclusion.
In conclusion, the Baton Rouge Metropolitan Airport Police Officers, as municipal police officers, are within the scope of R.S. 33:2218.2(C) and are eligible for supplemental pay under those provisions.
Sincerely,
WILLIAM J. GUSTE, JR. Attorney General
KENNETH C. DEJEAN Chief Counsel
KCD:JF:lg
cc: Larry A. Messina Secretary-Treasurer Municipal Police Officers Supplemental Pay Board
Mr. Larry Dickinson Board Member Municipal Police Officers Supplemental Pay Board
OPINION 01-288
August 27, 2001.
71 MUNICIPALITIES 72 NOTARIES R.S. 35:399
Baton Rouge Airport Polcie Officers are municipal police officers and thus may be appointed ex-officio notaries public by the chief of police.
Mr. Steve Hawkland Secretary of State's Office Baton Rouge, LA
Dear Mr. Hawkland:
You have asked this office to determine whether R.S. 35:399 authorizes Baton Rouge Airport police officers to be appointed notaries public. For the following reasons, our response is in the affirmative.
Baton Rouge Airport police officers are municipal law enforcement officers. Citing the case of Hair vs. City of Baton Rouge, 297 So.2d 451 (La.App. 1st Cir. 1974), this office has concluded that the Baton Rouge Airport Authority is an arm of the municipality. "In other words, the officers are not employees of a political subdivision separate from the municipality, but are instead employed under the municipality's authority under R.S. 2:131 and R.S. 2:138 to establish and police a city-owned airport". See Attorney General Opinion 83-43, copy attached.
Further, East Baton Rouge Parish Ordinance 5977 recognizes airport district police officers as "municipal police officers" and provides:
BE IT ORDAINED by the Parish Council of the Parish of East Baton Rouge that Title 15, Chapter 1, of the Code of Ordinances of the Parish of East Baton Rouge is hereby amended so as to add to Section 16 a paragraph (D) which shall read as follows:
"D) The officers of the Greater Baton Rouge Airport District Police Force are hereby recognized as 'Municipal Police Officers' as defined in LA-R.S. 33:2218.1, et seq."
R.S. 35:399 authorizes the chief of police to designate airport police as ex-officio notaries public because they are municipal police officers.
§ 399. Ex officio notaries for police departments
A. Notwithstanding any provisions of the law relative to qualifications of notaries public, each chief of police may designate officers in his office and appoint them as ex officio notaries public.
B. Each officer so appointed may exercise, in the municipality that the police department serves, the functions of a notary public only to administer oaths and execute affidavits, acknowledgements, and other documents, all limited to matters within the official functions of the police department for the enforcement of the provisions of any statute which provide for criminal penalties and of the municipal ordinances which the police department is charged with enforcing.
C. Each ex officio notary public shall fulfill the same bond requirements as provided by law for notaries in the parish in which the municipality is located. The municipality shall pay as an expense of the office of the chief of police the costs of the notarial seal, the notarial bond, and any fees required for filing the bond.
D. All acts performed by each ex officio notary public authorized by this Section shall be performed without charge or other compensation.
E. The chief of police may suspend or terminate an appointment made pursuant to this Section at any time, and separation from the employee of the police department shall automatically terminate the powers of the ex officio notary public. (Emphasis added).
We hope the foregoing is helpful to you. Should you have further questions, please contact us.
Very truly yours,
RICHARD P. IEYOUB ATTORNEY GENERAL
KERRY L. KILPATRICK ASSISTANT ATTORNEY GENERAL
KLK:ams
*1 OPINION NO. 83-43
February 16, 1983.
1-B AERONAUTICS — AIRPORTS — CIVIL AIR PATROL
60 LAW OFFICERS — AUTHORITY JURISDICTION
71 MUNICIPALITIES
Baton Rouge Airport Police Officers are municipal police Officers entitled to supplemental pay. R.S. 33:2218.2 R.S. 2:131 R.S. 2:138
Mr. Sid Gautreaux Chairman Board of Review Municipal Police Officers Supplemental Pay Baton Rouge, Louisiana
Dear Mr. Gautreaux:
In your letter dated January 11, 1983, you requested an opinion of this office relative to the eligibility of the Baton Rouge Municipal Airport Police officers for supplemental pay.
The pertinent portion of R.S. 33:2218.2 states, in Part C:
'For purposes of this Subpart a municipal police officer entitled to additional pay of state funds shall mean and refer to: (1) Any person employed on a full time basis by a municipality and all of whose compensation out of public funds is paid solely from municipal funds for full-time work as a duly commissioned law enforcement officer for the performance of primary duties which encompass the enforcement of state laws and municipal ordinances including actual enforcement of state and local traffic laws, the making of physical arrests, testifying in court, bearing arms and other like functions.[1]
In determining whether the airport police officers are within the coverage of this provision, the purpose of supplemental pay provisions should be considered. That purpose is stated in R.S. 33:2218.1, which states that the Legislature under its police power, in the hope of promoting public peace and safety by providing better enforcement of the law, and particularly the enforcement by municipal police officers, elects to supplement the pay of such officers. Except where this purpose would be clearly abased, the supplemental pay provisions should be broadly construed so as to favor an employee's inclusion within its coverage.
The municipal airport police officers perform law enforcement functions including presumably the power to make arrests, bear arms, etc., along with crime prevention, inspection and investigative responsibilities. As such, the characterization of these officers as law enforcement officers within the meaning of the statute is apparent.
The decisive issue, however, is whether the airport police officers, as law enforcement officers, are 'municipal' law enforcement officers. The determining factor is not whether such officers are under the direction of the Baton Rouge City Police Chief, but instead is whether the compensation for such officers is derived from public funds paid by the municipality. Were the Airport Authority a separate corporate body founded under the Airport Authorities Law, the conclusion that such officers were not paid by the municipality might be justified. However, in the case of Hair v. City of Baton Rouge, 297 So.2d 451 (Ct.App. 1st Cir. 1974), the court lent support to the conclusion that the Baton Rouge Airport Authority is not an 'authority' under the Airport Authorities Act, but is instead, an arm of the municipality itself under the Uniform Airports Act. In other words, the officers are not employees of a political subdivision separate from the municipality, but are instead employed under the municipality's authority under R.S. 2:131 and R.S. 2:138 to establish and police a city-owned airport.
*2 Therefore, under the facts available to this office, the airport police officers appear to be 'municipal police officers' under the supplemental pay provisions. The resolution of the Baton Rouge City Council of May 12, 1982, recognizing these officers as municipal police officers supports this conclusion.
In conclusion, the Baton Rouge Metropolitan Airport Police Officers, as municipal police officers, are within the scope of R.S. 33:2218.2(C) and are eligible for supplemental pay under those provisions.
Sincerely
William J. Guste, Jr. Attorney General
By: Kenneth C. Dejean Chief Counsel
OPINION NO. 83-231
April 7, 1983.
LAW OFFICERS .......... 60
R.S. 40:2402
State Park Managers are not classified as "peace officers" as defined in La. R.S. 40:2402.
Mr. Kirk Carney Assistant Secretary Dept. of Culture, Recreation Tourism Baton Rouge, Louisiana
RE: Opinion No. 82-1125
Dear Mr. Carney:
Your letter of February 28, 1983, requests our office to render a supplemental opinion as to whether State Park Managers would be classified as "peace officers" as defined in La. R.S. 40:2402.
As we stated in the original opinion, the individual must have substantial contact with the public in the performance of law enforcement related duties. These duties must consist primarily of (1) making arrests; (2) performing search and seizures; (3) the execution of warrants; (4) prevention or detection of crime; or (5) the enforcement of the penal, traffic or highway laws of this State on a day to day basis.
I have reviewed the job description materials forwarded to our office and it is the opinion of this office that State Park Managers donot qualify as "peace officers" under La. R.S. 40:2402.
I hope this opinion satisfies your inquiry. If this office can be of further assistance or service, please do not hesitate to contact me.
With kind regards, I am
Sincerely,
WILLIAM J. GUSTE, JR. Attorney General
WILLIAM R. WEATHERFORD. Assistant Attorney General
OPINION NO. 82-1125
December 20, 1982.
La. R.S. 40:2402 et. seq. Officers employed by the following agencies would be classified as "peace officers" within the meaning and intent of La. U.S. 40:2402 and as such must complete the basic law enforcement training course as defined in La. U.S. 40: 2405 if employed after January 1, 1983. Wildlife Fisheries Agents, Capitol Police, Airport Security Officers, Levee Board Police in the Ponchartrain, Orleans Jefferson Levee Districts, Airport Security Officers, New Orleans Harbor Police, Campus Police, Department of Agriculture Brand Commission Officers, Department of Public Safety Security Personnel, Mississippi River Bridge Police, District Attorneys Investigators, State Pire Harshalls, Louisiana State Park Rangers, Alcohol Beverage Control Board Officers.
Mr. Elmer Litchfield Executive Director Louisiana Commmission on Law Enforcement Baton Rouge, Louisiana
Dear Mr. Litchfield:
Your letter of November 16, 1982 requesting the opinion of this office has been referred to the Criminal Division for research and reply. Your questions, as we appreciate them are:
(1)Do the officers of the following agencies fall into the category of "peace officer" as defined in La. R.S. 40:2402?
(a)Correctional personnel (local and state agencies
(b)Wildlife Fisheries Agents
(c)Department of Health Human Resources Security personnel (Charity Hospitals)
(d)Capitol police
(e)Airport Security Officers
(f)Levee Board Police
(g)New Orleans Harbor Police
(h)Campus police
(i)Department of Agriculture (Brand Commission Officers)
(j)Department of Public Safety Revocation Officers
(k)Department of Public Safety Security Personnel
(l)Department of Transportation (Weights Standards Officers)
(m)Department of Corrections (Probation Parole Officers)
(n)Mississippi River Bridge Police (o)District Attorneys' Investigators
(p)State Fire Marshalls (q)Louisiana State Parks
(r)Alcohol Beverage Control Board Officers
(s)Department of Health Human Resources (Support Enforcement Officers)
(2)Must the officers who are employed by these agencies after January 1, 1983 complete the basic law enforcement training course as defined in La. R.S. 40:2405?
Louisiana Revised Statute 40:2402 defines peace officer as "any full-time employee of the state, a municipality, a sheriff or other public agency, whose permanent duties actually include the making of arrests, the performing of searches and seizures, or the execution of criminal warrants, and is responsible for the prevention or detection of crime or for the enforcement of the penal, traffic, or highway laws of this state, but not including any elected or appointed head of a law enforcement department."
Having analyzed this particular statute it is our opinion that the legislation was intended to cover those individuals whose day to day activities bear a substantial relationship to those skills taught in the basic law enforcement training program. Stated another way, could the employee adequately perform his duties without training in the areas of search and seizure, arrest and search warrants? In addition is the employee routinely responsible for the prevention and detection of crime or for the enforcement of the penal, traffic or highway laws of this state? This implies that only those individuals who havesubstantial contact with the public in the performance of law enforcement related duties should be considered "peace officers" as defined in La. R.S. 40:2402. This is opposed to those individuals who may perform some of these functions such as arrest but do so within a specialized environment or situation. An example of the latter would be a guard at a state prison facility or a security guard at one of the charity hospitals. Using these criteria the following opinion is rendered.
(A) Correctional Personnel (local state agencies)
A review of the job descriptions (Exhibit "A" attached hereto) indicates that correctional personnel do not fall within the category of "peace officer" as defined by La. R.S. 40:2402. While probation and parole officers do have the authority to make an arrest they do so within the context of their supervision of parolees and probationers and not the general public. It is our opinion that these employees do not routinely perform the duties outlined in La. R.S. 40:2402.
(B)Wildlife Fisheries agents:
A review of the job descriptions attached as Exhibit "B" indicates that all enforcement agents would be classified as peace officers under La.R.S. 40:2402.
(C)Department of Health Human Resources Security Personnel (Charity Hospitals)
A review of Exhibit "C" which is attached hereto indicates that these persons would not be classified as peace officers under the statute. This is based on the fact that they too function in a specialized environment and do not routinely perform those duties set out in La. R.S. 40:2402.
(D)Capitol Police:
La. R.S. 49:149 et. seq. creating the capitol police clearly indicates that these officers fall within the intent of the statute and would be considered peace officers.
(E)Airport Security Officers
(1) Baton Rouge Metro Airport, full time employees empowered with the same authority as Baton Rouge City Police Department by special act of the City-Parish Government of Baton Rouge. These employees would be classified as "peace officers".
(2) Shreveport Metro Airport. These are full time employees commissioned by the Shreveport City Police Department. These employees are classified as peace officers.
(3) Alexandria Regional Airport: Full-time employees commissioned by the Rapides Parish Sheriff's Office. These employees would be classified as peace officers.
(4) Lafayette Airport. These are full time employees commissioned by the Lafayette Parish Sheriff's Office and they would also be classified as peace officers.
(5) Lake Charles Chennault Field. These are full time employees commissioned by the Calcasieu Parish Sheriff's Office with pay supplemented by the Airport Commission. These employees would be classified as peace officers.
(6) Monroe Selman Field. These are city police officers commissioned by the City Police Department of Monroe and would also be considered peace officers.
(F) Levee Board Police
Only three levee boards have full time policemen, Jefferson Levee District, Orleans Levee District and the Ponchartrain Levee District. The Jefferson Levee officers are commissioned by the Louisiana Department of Public Safety and would be classified as peace officers. The Orleans Levee District officers are commissioned by the New Orleans City Police Department and would be classified as peace officers. The Ponchartrain Levee District officers are commissioned by the Louisiana Department of Public Safety and operate under the authority of La. R.S. 38:1328. They would also be classified as peace officers. We checked with the remaining levee districts and find that they have no full-time police officers.
(G) New Orleans Harbor Police
La. R.S. 34:26 creates the position of port and harbor policeman. That statute, a copy of which is attached as Exhibit "G" indicates that such employees would be classified as peace officers.
(H) Campus police:
La. R.S. 17:1805 et. seq. defines the authority of a campus police officer. Based on that statute, a copy of which is attached as Exhibit "H", campus police would be classified as peace officers.
(I) Department of Agriculture (Brand Commission Officers)
La. R.S. 3:749 attached hereto as Exhibit "I" indicates that brand commission officers would be classified as peace officers.
(J) Department of Public Safety Revocation Officers
While a review of the job description reveals that these officers do have the power to make an arrest their duties are primarily administrative or clerical in nature. Moreover, they do not routinely prevent or detect crime as it relates to the general public. We are of the opinion that this employee could adequately perform his job without those skills taught by the basic law enforcement training program. Because of this the employee would not be classified as a peace officer under the statute. See Exhibit "J" attached hereto.
(K) Department of Transportation Development (Weights and Standards Officers)
The weights and standards officer has the limited authority to enforce state weight laws and regulations specified in La. R.S. 32:380 through 32:389. He or she falls within the category of those persons who may perform limited law enforcement functions but do so within a specialized environment or situation, namely insuring that the trucking industry complies with weight and size regulations on state highways. These officers are unarmed and are not responsible for the prevention or detection of crime as it pertains to the general public. Because of this it is our opinion that such personnel would not be classified as peace officers within the meaning of the statute. See Exhibit "K" attached hereto.
(L) Department of Correction (Probation Parole Officers)
While these officers also have the power to make an arrest it is only within a restricted situation that they may do so, namely the apprehension of parole or probation violators. Their day to day activities do not include the detection and prevention of crime as it pertains to the public nor do their duties require the execution of arrest or search warrants as to the general public. These employees would not be classified as peace officers within the meaning of La. R.S. 40:2402. See Exhibit "A" attached hereto.
(M) Mississippi River Bridge Police
La. R.S. 48:1101.1, a copy of which is attached hereto and made a part hereof as Exhibit "M", outlines the authority of this agency. Officers employed by this agency would be classified as peace officers under the statute.
(N) District Attorney Investigators:
We are not able to render a definitive opinion on this position due to the fact that each District Attorney sets his own policy relative to the duties of his investigators. District Attorney Investigators in East Baton Rouge, Orleans, and Jefferson Parishes are commissioned by the Louisiana State Police and local sheriffs' offices. Those investigators routinely make arrests, conduct search and seizures, execute warrants and assist in the detection and prevention of crime. District Attorney Investigators who perform similar duties throughout the state would be considered peace officers under the statute.
(O) State Fire Marshalls
A review of the job descriptions (Exhibit "O") indicates that these individuals would be classified as peace officers under the statute.
(P) Louisiana State Parks (Park Rangers)
The job descriptions attached hereto as Exhibit "P" indicate that these individuals perform many of the functions outlined in La. R.S. 40:2402 and would be considered peace officers under the statute.
(Q) Department of Public Safety Security Personnel
A review of the job description attached hereto as Exhibit "Q" indicates that these officers would be classified as peace officers under the statute.
(R) Alcohol Beverage Control Board Offices:
The job description attached hereto as Exhibit "R" indicates that these officers would be classified as peace officers under the statute.
(S) Department of Health Human Resources (Support Enforcement officers)
A review of the job description attached hereto as Exhibit "S" indicates that the support enforcement officers would not qualify as peace officers under the statute.
In answer to question number 2 those employees who are classified as peace officers above must complete the basic law enforcement training course as defined in La. R.S. 40:2405.
We might note that these classifications are somewhat arbitrary. We would recommend that specific legislation be enacted defining by agency and position those persons who qualify as officers under the statute.
If we can be of further assistance please advise.
Sincerely,
WILLIAM J. GUSTE, JR. Attorney General
RENE SALOMON Assistant Attorney General
RS/fd