True for the most part. Some things to ponder. Be careful as some reserve officers and special deputies may be MCOLES certified and have full police powers. Below are a few things to review. Check out the MML newsletter on this subject.
453.371 Fair grounds; marshals and deputies, police powers. Sec. 1.
That all persons duly appointed or chosen as marshals, deputy marshals, or policemen, by the proper officers of any of the agricultural or horticultural societies of this state, and designated by appropriate badges, shall, as such marshals and policemen during the days of the fairs or exhibitions held by any of said societies be vested with the police powers of special constables in the township, village, or city in which such fairs or exhibitions are held.
History: 1861, Act 220, Eff. June 15, 1861 ;-- CL 1871, 2177 ;-- Am. 1879, Act 162, Eff. Aug. 30, 1879 ;-- How. 2325 ;-- CL 1897, 5973 ;-- CL 1915, 7851 ;-- CL 1929, 10252 ;-- CL 1948, 453.371
51.70 Deputy sheriffs; appointment; revocation; special deputies; responsibility for acts, defaults, and misconduct; bond. Sec. 70.
Each sheriff may appoint 1 or more deputy sheriffs at the sheriff's pleasure, and may revoke those appointments at any time. Persons may also be deputed by a sheriff, by an instrument in writing, to do particular acts, who shall be known as special deputies and each sheriff may revoke those appointments at any time. A sheriff shall not be responsible for the acts, defaults, and misconduct in office of a deputy sheriff. The appointed deputy or deputies, other than special deputies, before entering upon the duties of office shall execute and file with the county clerk an official bond running to the people of this state in the amount of at least $2,500.00, if the county board of commissioners determines an individual bond is necessary, which bond shall be conditioned in the same manner as the bond required of the sheriff, and with sufficient sureties as the presiding judge of the circuit court for the county approves. A county by resolution of its county board of commissioners may pay premiums on the individual bond running to the people of this state in the amount of at least $2,500.00 as prescribed by the county board of commissioners. A bond required by this section shall be conditioned in the same manner as the bond required for the sheriff and have sufficient sureties.
http://www.mml.org/insurance/shared/publications/leaf_newsletter/reserve_programs.pdfExcerpt:
RESERVE OFFICER PROGRAMS -- Are You Doing It Right or, at
Least, Legally?
By Gene King, LEAF Coordinator
ISSUES OF THE LAW
Few Michigan statutes speak to the issue of reserve police officers, particularly to the ability of municipal entities to form or operate reserve units. A review of the law and observations of municipalities’ use of reserves raise the question, “Has the use of reserve units become a practice that the law does not support”? If that is the case, then
either the laws must undergo change to meet the needs of the entities or the practice of the entities must change to meet the law. Most of the regulatory information concerning the use of police reserves comes from interpretations of the law in opinion papers by the Michigan Attorney General.
In Michigan, townships, fourth-class cities, villages, and county sheriffs have the power to have law enforcement “reserves,” including special deputies or posses. The unicipalities may not regularly employ the reserves or swear and authorize them to be responsible for the prevention and detection of crime and the enforcement of the general criminal laws of this state unless they have an MCOLES License.
While performing their duties, the reserves must be under the direction of the sheriff or police department. Actually, the legislature wrote MCLA 28.609 (1), which is the waiver of certification requirement provision under MCOLES rules, to allow Mayors of fourth-class cities, Presidents of Villages, and Sheriffs to appoint temporary police officers or special deputies for handling emergencies or specific tasks. Years ago, the Michigan State Police also had the authority to create a stand-by force during emergencies.
