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.
