Can a sheriff's deputy who also moonlights as a town police officer write a town traffic ticket while on duty as deputy sheriff?
Plain-English summary
The Town of McLain crosses parts of Perry and Greene counties, and several of its police officers also work as deputies for the local sheriffs' departments. McLain's attorney asked the AG: if a sheriff's deputy (who also has a part-time town police job) is on the clock for the sheriff and observes a traffic violation in town, can he issue a McLain town ticket?
The AG said no. While someone can hold both jobs (deputy and municipal officer), the two roles must be kept distinct. Mississippi has long-standing rules:
- The sheriff is the chief law enforcement officer of the county, with deputies who carry out duties of the sheriff's office (§§ 19-25-19, 19-25-67).
- The chief of police is the chief law enforcement officer of a municipality, supervising police officers who perform duties imposed by ordinance (§ 21-21-1).
- A person can hold both jobs, but cannot perform municipal duties while on the clock as deputy or vice versa.
- Nobody can be paid by both entities at the same time for the same hours.
The AG concluded: a deputy sheriff on duty as deputy sheriff has no authority to issue a municipal citation returnable to municipal court. The deputy can report what they observed to an on-duty municipal officer, who can take it from there.
What this means for you
If you are a sheriff or chief deputy
When you have deputies who also moonlight for a town, structure their schedules and uniforms to keep duties separate. Practical steps:
- Time and attendance records must clearly show which hours are sheriff's department duty and which are town duty. Don't run a single timesheet for both jobs.
- Uniforms and patrol vehicles should reflect the role being performed. A deputy on a sheriff's shift should be in deputy uniform and county vehicle.
- Citations from sheriff's-shift work go to county or state court, not municipal court. A deputy who sees a town traffic violation while on county duty calls a town officer to handle it.
- Cross-train officers and deputies about this distinction so it does not become an issue under stress.
If you are a chief of police in a town that uses dual-employed officers
Same advice from the other direction. Make clear when an officer is on town duty (and authorized to issue town tickets, run town arrests, and respond to town calls) versus when they're on sheriff's duty.
If you are short-staffed and rely on the dual employment, consider a written interlocal agreement or memorandum with the sheriff's office that addresses scheduling, jurisdictional handoffs, and reporting.
If you are a town attorney handling a citation challenge
If a defendant challenges a town ticket on the ground that the issuing deputy was on sheriff's-shift duty, this opinion is your roadmap. Inquire:
- Was the officer on the sheriff's payroll for those hours?
- Was the officer in deputy uniform and using a sheriff's vehicle?
- Did the officer have a separate clock-in for town duty?
If the officer was on county duty when they wrote the ticket, the citation is vulnerable. Better to have your municipal court dismiss and have a town officer reissue if appropriate, than to litigate this on appeal.
If you are a deputy who is also a municipal officer
The legal lines are sharp. Don't write a town ticket while you are clocked in as a deputy. Don't run a county investigation while clocked in as a town officer. Document your hours carefully. If you see something on a sheriff's shift that ought to be a town matter, radio for a town officer or report it after-the-fact to the municipal officer on duty. The same applies in reverse.
If you are a defendant who got a town ticket from someone in a sheriff's uniform
The ticket may be challengeable on the ground that the officer was on county duty when they wrote it. Talk to a defense attorney before pleading. Look at any markings on the ticket, the officer's vehicle, and any video or radio logs.
Common questions
Q: Can a sheriff's deputy enforce state law inside town limits?
A: Yes. A deputy's jurisdiction is countywide. State law violations (most criminal traffic offenses, for instance) can be handled in justice court or circuit court regardless of whether they happen inside or outside town limits. The issue here is municipal ordinances and tickets returnable to municipal court.
Q: Can a town police officer enforce sheriff's-side matters?
A: A municipal police officer's authority is generally limited to the territorial boundaries of the municipality and to violations of municipal ordinances or state law within those boundaries. A municipal officer who has been deputized as a sheriff's deputy can act under that authority too, but only when on duty as deputy.
Q: Can the same person work both jobs in the same week?
A: Yes. The AG opinion does not prohibit dual employment. It says the duties have to stay separate during particular hours. A 30-hour-a-week deputy who also picks up 10 hours a week as a municipal officer is fine, as long as the schedules and tasks don't overlap.
Q: What if the officer is "off duty" but happens to see a violation?
A: Off-duty observations are different from on-duty ones. Many police officers and deputies have arrest authority off-duty, but writing a municipal citation typically requires being on duty as a municipal officer. If unsure, the officer should call for an on-duty municipal officer to handle it.
Q: What happens if a deputy issues a town ticket anyway?
A: The ticket may be invalid for lack of authority. The defendant can challenge it; the municipal court should dismiss. The officer may face administrative consequences if this becomes a pattern.
Q: Is this just a Mississippi rule or is it general?
A: Most states have some version of this rule. The exact contours depend on state statutes. Mississippi's authority comes from §§ 19-25-19, 19-25-67, and 21-21-1, plus AG opinions interpreting them.
Background and statutory framework
The basic structural lines:
- Sheriff (county officer): § 19-25-67 makes the sheriff the chief law enforcement officer of the county, with the duty to keep the peace within the county. § 19-25-19 lets the sheriff appoint deputies who can perform "all acts and duties enjoined upon their principals."
- Chief of police (municipal officer): § 21-21-1 makes the chief of police the chief law enforcement officer of the municipality, supervising police officers and performing the duties required by ordinance.
Mississippi recognizes that small towns and rural counties often have overlapping personnel. A 2000 AG opinion (Strider) confirmed that someone can serve as both a municipal police officer and a deputy sheriff. The same opinion stressed that the two roles must be "kept separate" so that one person isn't being paid by two entities at the same time.
A 2004 AG opinion (Thomas) explained why: state and local government cannot pay an employee twice for the same hours of work. That would be either double-paying or having one entity benefit from work that another entity is funding.
The 2023 Burch opinion applies these principles to a specific scenario (writing a town ticket while on sheriff's duty). The answer falls out cleanly: no authority for the deputy, in their county capacity, to act as a town officer issuing a town citation.
The remedy is simple. The deputy reports the violation to the town. The town officer takes it from there. Or the dual-employed individual switches roles for a moment, gets clocked in for town work, and writes the ticket on town time.
Citations and references
Statutes:
- Miss. Code Ann. § 19-25-19 (sheriff's authority to appoint deputies; deputies have power to carry out duties of their principals)
- Miss. Code Ann. § 19-25-67 (sheriff is chief law enforcement officer of the county; duty to keep the peace)
- Miss. Code Ann. § 21-21-1 (chief of police is chief law enforcement officer of a municipality; supervises police officers)
Prior AG opinions referenced:
- MS AG Op., Strider (Mar. 17, 2000): a person can serve as both a municipal police officer and a deputy sheriff, but the duties must be kept separate; cannot perform duties for one entity while being paid by the other.
- MS AG Op., Thomas (Sept. 10, 2004): a person cannot be paid by both entities at the same time.
Source
- Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
- Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/09/E.Burch-September-21-2023-Sheriffs-Deputys-Authority-to-Issue-Municipal-Ticket-Through-Municipal-Court-While-on-Duty-as-S.pdf
Original opinion text
September 21, 2023
Elliot Burch, Esq.
Attorney, Town of McLain
Post Office Box 1215
Lucedale, Mississippi 39452
Re: Sheriff's Deputy's Authority to Issue Municipal Ticket Through Municipal Court While on Duty as Sheriff
Dear Mr. Burch:
The Office of the Attorney General has received your request for an official opinion.
Background
You state in your request that the town of McLain includes parts of Perry and Greene counties, and several of the town police officers also work for the local sheriffs' departments.
Question Presented
If a sheriff's deputy (who also works part time as an officer for the McLain police department) is working on a sheriff's department matter within the town of McLain and observes someone commit a traffic violation, may that sheriff's deputy issue a town of McLain traffic ticket?
Brief Response
We find no authority for a deputy sheriff to issue a municipal citation returnable through municipal court while acting in the capacity of and being paid as deputy sheriff.
Applicable Law and Discussion
The sheriff is the chief law enforcement officer of the county whose duty is to keep the peace within his county. Miss. Code Ann. § 19-25-67. Sheriffs have the power to appoint deputies to assist in carrying out the duties of the office, and those deputies have the power to carry out all "acts and duties enjoined upon their principals." Miss. Code Ann. § 19-25-19. On the other hand, the chief of police is the chief law enforcement officer of a municipality and has supervision and control of all police officers employed by the municipality and who must perform the duties as required of him by ordinance. Miss. Code Ann. § 21-21-1.
A municipal police officer may also serve as a deputy sheriff. MS AG Op., Strider at 1 (Mar. 17, 2000). However, we find no authority for a deputy sheriff to carry out the duties of a municipal police officer while acting in the capacity as a deputy sheriff. This office has opined that any individual who serves as both a municipal police officer and deputy sheriff shall keep his or her duties for each position separate and take care not to perform duties for one entity while being paid by the other. Strider at 1. This is because individuals cannot be paid by both entities at the same time. MS AG Op., Thomas at *1 (Sept. 10, 2004). Accordingly, the duties must be clearly differentiated as either those of a municipal officer to be paid by the municipality or as those of a deputy sheriff to be paid by the sheriff's department. Id. It is therefore our opinion that a deputy sheriff has no authority to issue a municipal citation returnable through municipal court while acting in the capacity of and being paid as deputy sheriff. However, the deputy sheriff may report his observations to an on-duty municipal officer.
If this office may be of any further assistance to you, please do not hesitate to contact us.
Sincerely,
LYNN FITCH, ATTORNEY GENERAL
By: /s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General