Case Summaries
of Importance to Counties

2011 Sheriffs

Boyce v. Tennessee Peace Officer Standards & Training Commission, 36 TAM 13-17—Bedford County sheriff unsuccessfully petitioned the Peace Officer Standards and Training (POST) Commission for a waiver of the requirement that he attend the Tennessee Law Enforcement Training Academy (TLETA) recruit school. Thereafter, the sheriff requested the POST Commission grant him certification based on training he received as a city police officer in 1976. The Commission denied his request and he filed a petition for review in the trial court. The trial court ordered the Commission to certify the sheriff based on his 1976 training. The Commission appealed and the Court of Appeals reversed. Under 38-8-111(f)(3), the POST Commission “shall issue to any sheriff successfully completing recruit training, or possessing its equivalency, and completing continuing annual training, a sheriff’s certificate of compliance in the manner in which it issues police officers’ certificates of compliance.” The sheriff argued that this provision entitled him to certification. However, Commission rules require that officers out of law enforcement for more than 10 years go through the POST training again. The Court found that this rule did not exceed the agency’s statutory authority nor did it constitute abuse of the agency’s discretion (February 10, 2011).