NSA STRONGLY SUPPORTS THE PASSAGE OF PENNSYLVANIA’S HB 466 TO DEFINE THE OFFICE OF SHERIFF

By Richard Weintraub, NSA Legal Counsel

This bill was introduced in the Pennsylvania House to provide uniformity in defining the law enforcement authority and duties of Pennsylvania’s 67 Sheriffs and 2,500 deputy sheriffs.

NSA Letters of Support on HB 466 (see sidebars) were made part of the Testimony-Record at the PA House Judiciary Committee Hearing in Harrisburg, PA on legislation defining/providing “Law Enforcement Powers for the Office of Sheriff. The Hearing on February 20, 2008 was attended by more than 20 Pennsylvania Sheriffs (there are total of 67 Sheriffs) and more than 85 deputies who filled an overflowed Hearing Room in support of HB 466. On March 10, 2008, a rally in support of HB 466 held in the Capitol Rotunda of Pennsylvania’s General Assembly attracted more than 180 attendees, including Pennsylvania Sheriffs,Deputies, and Pennsylvania Representatives and State Senators.

 A majority of the House Judiciary Committee appeared to be supportive of this “common sense” legislation to better allocate public safety resources by using Sheriff Offices/Deputies who have undergone existing law enforcement training in the Commonwealth of Pennsylvania.

 Sheriff Merski’s (Sheriff of Erie County, and President of the Sheriffs’ Association of Pennsylvania) opening remarks and answers to the House judiciary representatives were on point as HB 466:

• does not set up a new, competing local law enforcement bureaucracy  the “Elected” Office of Sheriff is directly responsible to the Public in providing public safety
•  Local County Commissioners have “budgetary checks and balances” in  controlling costs/allocation or funds to Sheriff Offices (there is no requirement under HB 466 to create a County Police Force)
•  Deputies already are provided the same “training” as municipal police officers (PA Act 2/Act 120)
•   HB 466 is not an unfunded mandate as each separate Pennsylvania county, whether rural, suburban or city, can each determine how to allocate the use of Deputies in “supporting” state and local law enforcement officers       
• HB 466 will “clarify” and provide statewide “uniformity” in “restoring” the law enforcement duties and responsibilities of the sixty-seven (67) Sheriffs of the Commonwealth of Pennsylvania.

 Robert Buehner, Esquire, District Attorney of Montour County, PA, provided excellent testimony in rebutting the strong opposition of the Pennsylvania State Police to HB 466 that:

1.     State Police “resources” are stretched and well trained deputies can assist in law enforcement and public safety duties throughout the Commonwealth of PA – in rural as well as in more populous counties

2.     “Cross-Designation” by DAs as deputies for use in Joint Drug Task       Forces,etc.  is a roadblock as deputies will have “divided loyalty” (Who do the deputies work for – DAs/Sheriffs, etc.)

3.     the issue of increased civil liabilities and the increased costs of implementing HB 466 (“Overtime”) are not a significant burden

4.     the threat or use of unbridled “Police Powers” by individual Sheriffs (i.e. obtaining search warrants without probable cause is not realistic due to local DA/judicial restraints and budgetary control over a Sheriff’s Office by County Commissioners

5.     the Pennsylvania 67 Offices of Sheriffs are “Professional” and are best suited in meeting the public safety needs of their local communities/jurisdictions.

 In short, the 67 Sheriffs and 2,500 deputies are underutilized law enforcement resources (“Additional Ammunition”) in the Pennsylvania’s state and local communities’ fight against crime. The Pennsylvania Attorney General and Pennsylvania County Commissioner Association appear to be neutral in supporting HB 466 (i.e. deputies need to obtain the same training as Pennsylvania Municipal Police Officers, liability and immunity issues, etc.).

Honorable Thomas R. Caltagirone

Chairman of House Judiciary Committee

Pennsylvania House of Representatives

645 Penn Street, 2nd Floor

Reading, Pennsylvania 19601

Re: National Sheriffs’ Association (“Association”) Strongly Supports the Passage of House Bill 466 Defining the Law Enforcement Powers of the Office of Sheriff in the Commonwealth of Pennsylvania

Dear Chairman Caltagirone:

The National Sheriffs’ Association, a §501(c)(4) non-profit association located in Alexandria, Virginia, was founded in 1940 to promote the fair and efficient administration of criminal justice throughout the nation. The National Sheriffs’

Association supports the law enforcement activities and the jurisdiction of the

3,084 Offices of Sheriff throughout the nation. The National Sheriffs’ Association supports the elected Office of Sheriff in the Commonwealth of Pennsylvania, its 67 individual Sheriffs and its 2,300 Deputies who serve as an integral part of the law enforcement community of the Commonwealth of Pennsylvania.

America’s Offices of Sheriff:

The Office of Sheriff is one of the oldest publicly-elected offices known in our common law system of jurisprudence; and continues in the 21st Century to carry out various criminal justice and law enforcement duties throughout our nation. The Office of Sheriff as the Conservator of the Peace has retained the responsibility of being the primary law enforcement office which secures the public safety throughout our nation’s local communities. America’s independent elected Offices of Sheriffs are: 1) directly responsible to the local citizens (i.e. the Public). The Public is the ultimate source of any Office of Sheriff’s authorities, duties and responsibilities; 2) not subject to undue political influence by local county, boards/supervisors, county executives, mayors, etc. in impartially carrying out and enforcing state and local laws; and 3) limited by built-in checks and balances imposed by a state’s constitution/statutes on the unbridled exercise of authority by an Office of Sheriff.

For over 350 years in America, the elected Office of Sheriff has been directly accountable and responsible to the “Will of the People” in our Representative Democracy in serving and protecting their local communities. Today, over 99.9% of America’s Offices of Sheriff are directly elected by local voters in performing their ongoing public safety and law enforcement duties and responsibilities.

Immediate Passage of House Bill 466:

The National Sheriffs’ Association is an Interested Party to these proceedings on the passage of House Bill 466 (“HB 466”). The passage of HB 466 would allow all Pennsylvania Sheriffs and Deputy Sheriffs who have successfully completed the same type of training as Pennsylvania municipal police officers (Act 120 Training) to exercise the same powers as municipal police officers in making arrests, without warrants, for all crimes and offenses committed throughout the Commonwealth of Pennsylvania. In addition, HB 466 would confer on every Pennsylvania Sheriff and Deputy Sheriff with the same general and specific powers, duties, responsibilities and immunities otherwise now provided only to Pennsylvania’s municipal police officers.

Most importantly, the immediate passage and implementation of HB 466 would automatically provide the citizens of the Commonwealth of Pennsylvania with over 2,300 trained and sworn Sheriffs and Deputies urgently required in addressing the ongoing public safety and law enforcement concerns of their local communities.

Finally, in post-9/11 America, it is crucial that the elected 67 Sheriffs and 2,300 Deputy Sheriffs of the Commonwealth of Pennsylvania remain full-fledged partners with other federal, state and local law enforcement officers in preserving the public’s safety and in securing the peace within the Commonwealth of Pennsylvania.

Sincerely,

Aaron D. Kennard, Sheriff (Retired)

Executive Director

The Honorable Thomas R. Caltagirone

Chairman, Judiciary Committee

Pennsylvania House of Representatives

Room 106, Irvis Office Building

Harrisburg, PA 17120-2103

Chairman Caltagirone and Members of the Committee:

On behalf of more than 3,000 of America’s Sheriffs I thank you for taking up what has become a critical question not only for law enforcement in your fine State, but for all residents of Pennsylvania. House Bill #466 will erase all questions and ambiguities once and for all relating to the enforcement abilities of Pennsylvania Sheriffs and the National Sheriffs’ Association hereby offers its unequivocal support for HB466. Across America, Sheriffs are seen as the preeminent law enforcers in the majority of counties and parishes, and, as partners with others who wear the badge whether they are municipal officers, highway patrol or State police. This was also the case in Pennsylvania until the decision was made to move away from Common Law to Statutory Law. Somehow Sheriffs were lost in the legislative process.

I can assure you the law abiding citizens of Pennsylvania, however, do not draw a distinction when it comes to which badge can or will do the job of protecting them and their families. They understandably look at the person, no matter what color the uniform, as one who will protect their communities against violent crime and drugs. Pennsylvania Sheriffs and their Deputies take their duties quite seriously and are willing to risk their lives protecting and serving. As

long as those officers are properly trained, in my humble opinion, there should be no distinction. Ironically, it appears that the criminals have helped to bring this issue to the forefront. The Pennsylvania Courts, because of a loophole, have recently released some dangerous people back into your communities because of a technicality that you now have the ability to clarify once and for all. As President of the National Sheriffs’ Association, I urge you on behalf of the men, women and children of Pennsylvania to take a stand against those who would put your families in jeopardy.

Please vote for House Bill #466.

Sincerely,

Craig Webre

Sheriff

NSA President

CC: Mr. Ronald Rucker

Mr. Daniel Rosenblatt

Chief Michael Carroll

The Honorable Craig A. Dally

Pennsylvania Sheriffs’ Association

Sheriff© Copyright 2008 by the National

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