Of Reserve Officers and Rental Inspections

[XLFD]

Reserve Officers are Irresistable

An interesting ruling on reserve police officers by the appeals court of Michigan, leads to an interesting analogy in Ludington regarding the proposed rental inspection program. 

As you may know, Ludington has a reserve force of police officers as big as their regular force.  They come complete with guns, badges, and ambiguous authority.  Nowhere in state law or local law, are these reservists authorized for Ludington, they exist as Chief Barnett's personal police force, with our own Mayor Ryan Cox serving as a sergeant, and former Councilor Wally Taranko who served proudly on the council and also on the reserves . 

But when our officials are pressed about the conflicts of interest, the lack of any legislative authorization, and the incompatibility of offices inherent, they brusquely tell you to move along, there's nothing to see here. 

A summary of this recent Detroit Freep article on the ruling is supplied below, with the doom and gloom predictions of law enforcement officials heavily invested in reserve officers omitted until the analogy is made:

"Resisting or obstructing a reserve police officer in Michigan isn't a crime, according to a recent Michigan Court of Appeals ruling. 

The appellate court ruled 2-1 in a Livingston County case that reserve police officers are not police officers under the state's resisting and obstructing statute. The court said reserve officers are not specifically mentioned in the law and therefore are not covered by it.

The decision affirmed two lower courts’ dismissal of a resisting charge against Ryan Scott Feeley, who in 2014 was accused of failing to follow a Brighton reserve police officer’s command when the officer responded with a full-time officer to a report of a bar fight.  Feeley allegedly was causing problems and ran when the reserve police officer approached to speak with him. The reserve police officer identified himself as a police officer and ordered Feeley to stop.

Feeley stopped on the second command to stop, told the reserve officer “(expletive) you,” while reaching behind his back. Fearing Feeley had a weapon, the reserve officer drew his gun and ordered him to the ground. Feeley complied and was taken into custody.

A district court judge denied the prosecution’s request to send the resisting charge to circuit court on the grounds a reserve police officer was not covered under the statute.  The statute defines a police officer, including those at colleges or universities, a sheriff or deputy, constable or firefighter. It does not specify reserve police officer among those persons whose lawful orders must by obeyed in order to avoid criminal liability, according to the ruling.

The prosecution appealed, and the circuit court affirmed the district court decision. The prosecution took the matter to the state appellate court, which ruled the statute doesn’t apply to a reserve police officer."

Here is the complete decision in the appeals court.

Analysis:

Our officials are very high on both the rental inspection program (RIP) and the reserve officer program (ROP) and believe that both are good for the safety of the good people of Ludington.  But whereas the RIP costs up to $50,000 a year and may make our rental stock safer (mainly due to the loss by attrition of lower rental units by vacancy or conversion into non-rental uses), the reserve officer program is instituted to save costs.  For the years of 2014-2016, the expected budget for the reserve police force is $1600 per year, the costs of the full LPD is over $1.3 million on each of those years, about 800 times as much. 

For those three years, $200 is budgeted for the training of the 14 reserve officers, which is less than $15 per reserve officer.  That's enough to buy each of them a Police Academy 1-4, four Film Collection.  Not enough to give them any serious training from qualified police instructors. 

As noted, the LPD does not have any minimum training standards for these officers, it is simply Chief Mark Barnett's whimsy on who he will pin a badge on, put a gun in their hands, and send them on 'routine' calls or to more serious calls with a regular officer. 

While one would expect Chief Barnett to do a cursory background check, a psychological evaluation, and some general training, these are not mandatory by any means; a FOIA request revealed that none of these officers had up to date MCOLES (Michigan Commission on Law Enforcement Standards) certification, which is mandatory for real Michigan police officers. 

Isn't it ironic that they want all rental units to be certified, when they allow their own police units to be uncertified?  Uncertified rental units, they complain, are a danger to the community, but uncertified police officers with guns and tasers that they may not know how or when to use, are not?   

In the Freep article linked to above, the executive director of the Michigan Association of Chiefs of Police (Chiefs generally run the reserves as their own) says:  "For some parts of the state, reserve police officers are instrumental in protecting the public and it’s not just small cities; larger cities, such as Detroit and Livonia, use reserve police officers.  They’re counted on in these days when we can’t afford to hire as many full-time officers."

Maybe costly rental inspection programs are at fault for draining resources, or perhaps if full-time officers didn't automatically get perquisites like fat pensions and above average fringe benefits, they would be able to have more regular officers so that they wouldn't have to hire reserves for less than a hundredth of the cost.  When reserves don't do it for the money, you wonder what may be their motive; they definitely water down the professionalism of the force and potentially add a lot of extra liabilities to the local government, most of who do not authorize them.

[Real Talk]

Im sure you are partially right.  I bet there are cops who are "a-holes" and have bad attitudes, but that can be said in any profession.  There are bad teachers, lawyers, doctors, nurses, fire fighters, ect.  The reason I believe cops are looked at for being rude or jerks is because people are 1, anti police and 2, cops arrest people which makes those people angry and feel "picked on".  If people did what they were told and showed respect, they wouldn't be treated poorly.  I have never had a negative encounter with law enforcement or felt picked on.  Some people need to put their big boy pants on and grow up.

[Willy]

The police are not like any other profession. They have extreme power over people unlike any other group of workers and that is why only people who can control their emotions and are mentally stable should be employed as police officers. Every officer needs to be tested and deemed mentally and emotionally competent at least once every year.

[Real Talk]

Why don't you do some research and post what the reserves actually do.  You make it sound like they work on the road as patrol officers.  As my understanding they work special events in the city such as parades, gus macker, and art fairs.  I don't believe they are out pulling traffic stops and making arrests.  How about you do research on both sides.  I feel people need to be educated with an entire story of both sides and not a one sided opinion and slandering by one person.

[XLFD]

Your 'understanding' is only partially correct, Real Talk.  Whereas they do work such details they also are used in arrests or other business where you would want a fully trained policeman doing the action.  I have proof of same, you rely on your own feelings.  If I were to strap on a gun and a LPD uniform and badge, and call myself a LPD reserve lieutenant I'd have as much legitimate authority (minus a ritual benediction in Chief Barnett's quarters) to effectuate arrests and carry my guns as those 14 reservists we currently have. 

You're cool with untrained, publicly-unvetted recruits carrying guns in our schools and streets, and given some illegitimate authority to do any required police actions.  I'm not, because untrained reserves are more likely to do something stupid, and the public becomes accountable for their mistakes.  If Chief Barnett wants to hire meter maids and detail security without guns or official LPD uniforms, I am all for the cost savings. 

[Real Talk]

Ludington has 14 Reservists?  I never heard that number that high before.  Also, when are reservists carrying guns in our schools?  I am sure they have to pass background checks and don't just let anyone join.  A lot of departments use reserves for extra help for events.  I am against places that put reserves on the street for extra patrol, if they are untrained.  I have never heard of Ludington giving the keys to a patrol car to a reserve and say, go out and arrests people.  If you have an actual factual evidence showing that, do share.  But until that is shared, it seems this is all opinion based information.

[XLFD]

This article Carrying Guns in Ludington and Ann Arbor Schools explained that four of the reservists on the LPD were teaching in Ludington area schools (reserve sergeant/mayor Ryan Cox has since went to retail), and whereas the campus is a weapons-free zone, police reservists are given the explicit rights to pack heat. 

The question of whether they actually do during the course of a school day is unknown, and it's probably better for LASD's security that it is, because weapons-free zones are a school-shooter's dream. 

I do have factual evidence from a few years back (2010, 2011) dealing with a situation involving Ariel Courtland's family and the arrest of what I believe was her uncle for assault.  Ludington police brute Aaron Saylor accompanied the reserve officer in arresting him.  I will be posting the record and more on that when the Sean Phillips murder trial gets paraded before us again.  Thank you for your patience, and as always, you could make a FOIA request to get the extent of the practice at LPD.

[Real Talk]

So a reserve was with Officer "Saylor" on this situation.  Which means Officer Saylor was in charge and had someone riding with him.  Any citizen can sign up to do a ride along I believe with Departments after they have been checked over.  So it could have been any one of us with Officer Saylor.  You never have proven a reserve has been on patrol making arrests like you have said is happening. 

I asked the proof you have of reserves carrying guns in the schools and you claim there are 4, now 3, reserves as teachers, but then say it is unknown if they carry their firearms while they are teaching.  Once again, saying one thing with no evidence to back up your statement.

Before saying things like LPD has 14 reserves, maybe you should FOIA their roster and count so we can see how many they really have. 

I have no interest in filing a FOIA request for this information because I am ok with the reserves working art fairs, parades and riding along with an officer.

[Willy]

Real Talk

Your still missing the point. What X has been saying is that the reserve program has never been legitimized as required by law. Don't you think that it's odd for a department of the Government that is responsible for enforcing the law is itself in violation of the law. How can the COL police demand respect when they disrespect and ignore that which they are required to oversee.

[XLFD]

Real Talk,

I'm glad you caught my misspelling of Officer Sailor's name, I had a purpose for that.

The teachers mentioned can legally carry their guns in school, and so could anybody else that Chief Barnett declares a reserve officer without our knowledge.  The amount of reserves is a moving target, and we can never be sure of the amount because they are unaccountable for and illegitimately created. 

If you were actually pro law enforcement, Real Talk, which you aren't, you would be questioning the Ludington City Council and the LPD Chief on why they allow a liability-riddled reserve program which has no legislative authority to do anything, operate as law enforcement.  You would be questioning local policies such as the rental inspection ordinance which is based on repealed law. 

You would be seeking assault charges on law enforcement who adapt police brutality into their methods, like MCSO's Warmuskerken, Wilson, Davila, and Fort, and LPD's Sailor and York.  But you are not for law enforcement, you are for selective law enforcement, which is about as un American as you can get.

[Willy]

I hope Real Talk is not a Government employee because he is woefully ignorant of the laws and regulations. God help us if he is in the enforcement or legislative side of Government business.

[Real Talk]

I am not in law enforcement or government.  I am self employed and make my own money.  I don't live off the government or lawsuits.  

[XLFD]

I'm in the same boat; what's your point, RT?