Question: Whether a sheriff can commission a deputy to work for another county department (one without the power to commission peace officers or perform law enforcement, i.e., the treasurer). In other words, can the sheriff commission deputies he does not supervise or pay? I find no authority, but am told this is a no-brainer because "everybody does it." Also, the argument is made that if a sheriff's deputy can work off-duty private jobs as a peace officer (when the sheriff has no supervision over him), then he can work for another county department as a peace officer. I argue there is specific authority for the off-duty work (private security act), and that it is specifically limited to those "employed" and "compensated" "as peace officers." I find no authority for a treasurer to employ a peace officer, and no authority for a sheriff to commission a deputy who is not on his payroll.
Note that previous Government Code 415 is now Occupations Code 1701.
Short answer: Sheriff might be able to deputize someone as a reserve and place them to work in another department, keeping within the numerical limits of reserves permitted by the Commissioners Court under Local Government Code 85.004. But the reserve will have to comply with TCLEOSE requirements and as to any law enforcement duties and policies, it seems to me the reserve owes allegiance to the one who deputized him/her (the Sheriff).
I'd sure suggest running your plan by TCLEOSE before jumping in.
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001
