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Wednesday, July 13, 2016

Someone asked, so ...

"Harbor master, Shellfish warden, Guns? Thoughts?"

This was a comment received for the last post which was posted.

Thoughts? I have a bunch of them. I will however provide just a few.

First thought - a decision should be made as to whether this is necessary (yes, an obvious thought). 

Next, if it is necessary, than how does the necessity apply to the various deputies?

It seems clear everyone would be in agreement that training is most definitely in order. If so, what training and to what level. As to that, the training should be that as required for the state environmental police.
This course is an intense 20 plus week basic training program for newly hired full-time entry-level municipal, University of Massachusetts, and Environmental Police Officers.
This course combines classroom instruction, practical exercises, and scenarios designed to provide the knowledge, skills, and abilities needed to excel in the police profession and be an asset to the community. This program emphasizes integrity, professionalism, and community service is under constant review to make sure topics are updated, to address emerging trends in policing, and to take advantage of technology. For example, large-screen computer simulations are used to teach and test force response. MPTC academies utilize municipal and state police officers as Staff Instructors. These outstanding police professionals act as role models and mentors to the student officers and guide them towards becoming exemplary officers.
If the position is to take on full law enforcement aspects, then serious consideration should be given to placing oversight under the Chief of Police.

NOTE: Keep any thoughts, comments or remarks directly related to the issue of whether the position warrants being armed.


3 comments:

  1. If his the Harbormaster/Shellfish warden position has arrest powers, then I think that person should be able to carry a weapon - if nothing else but for self-defense. Even concealed carry if need be.

    Being alone and being expected to enforce laws with no ability to protect yourself is insane these days. If you followed the recent news in New Bedford, the Public Infrastructure director stripped their Shellfish wardens of guns for perceived training issues. During discussion of the matter either the director stated: "“You certainly don’t want to see anyone pull a weapon over a bucket of shellfish."

    Of course that really means the director doesn't want his wardens pulling out a firearm (or to have an ability to protect themselves) in a confrontational situation. Believe me, there is no shortage of unsavory characters on the waterfront or on fishing areas that would not hesitate to confront a warden or anyone else with violence. Some people who break the law are making huge sums of money doing it, and don't care who is in their way. To put it simply, it ain't about a bucket of clams.

    To your suggestion of the warden taking the Environmental Police academy course, that is far too extreme. Environmental Police are not glorified clam cops as some make them out to be. They actually have more power than State Police in that they enforce far more laws. Besides roadway laws (like State Police) they also enforce laws for fishing, hunting, environmental crimes, public access issues, off road vehicle/boat registration & operation, and others. Our shellfish warden deals with a fraction of those. And if the warden wanted to be in that academy, why not just become an Environmental Police officer and make far more money doing it?

    A far more reasonable approach is to have firearms training similar to a deputy sheriff or auxiliary police. Get some range time and weapon handling skills, and learn other means to diffuse situations or perform takedowns when necessary.

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    Replies
    1. Okay and for reserve or intermittent officers you can get an overview of what is required by following the link below.

      Personally, I am not against the request in theory. If the EP training is too much, I submit what you suggest is too little. The firearm training for the deputy sheriff or auxiliary police is in addition to other training they receive, or are suppose to.

      If the premise however is having arrest powers is a reason to allow one to carry a gun, than one making the arrest should be properly trained in the exercise of using those powers, however limited the scope of the arrest powers.

      I am making no judgments here other than to say allowing any municipal official to carry a weapon in the performance of duty is indeed a very serious matter. However limited the arrest powers are, and giving serious consideration to the personal safety argument, this is an authorization to use deadly force in the discretion of the authorized carrier.

      There is no getting around that. The training has to be such as to deal with that aspect.

      What level of training will be is in the hands of our elected officials, and to some extent I would imagine the town's insurance carriers, unless we have gone the total self-insurance route that way.

      http://www.mass.gov/eopss/law-enforce-and-cj/law-enforce/mptc/training-and-academies/recruit-officer-courses/reserve-recruit-officer-courses/

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    2. To me, there are multiple discussions here. The first is whether or not a warden – or any other municipal officer – has a right to protect themselves by means of carrying a firearm. The second is whether or not a warden should be arresting people at all. Sounds like you’re more concerned with training relative to arrest vs. firearms.

      Regarding the carrying/use of firearms… The major issue here is whether the town condones open-carry of a weapon while performing the duties of the position. If a warden open carries, then the Town would be endorsing it and all the other things that come with it (arrest powers, liability, proper training, etc.). I also wonder if the Town currently has a rule that prohibits carrying a firearm by municipal employees (that aren’t police or law enforcement) for self-defense. If the Town doesn’t, what’s stopping a municipal employee from concealed carry, provided they are adhering to other applicable laws? In my honest opinion, the Town should have about ZERO say in a person exercising their 2nd Amendment rights. I would not do that job if I was not armed. As they say, “When seconds count, cops are just minutes away.” Environmental Police – those who would be most able to back up a warden – are spread so thin, backup could be HOURS away.

      As to arrest powers… This is more or less the crux of the argument. Should a warden – properly trained or not – have arrest powers at all? Some municipalities actually assign full-time police to operate a “Marine Division” or “Environmental Division.” Unfortunately, some of these Towns also don’t necessarily want their cops doing shellfish relays, dealing with administrative issues like moorings or licenses, etc., which causes some of the parts of the job to not be done adequately.

      In Fairhaven, given the amount of shoreline, resources, and business of the harbor – we need someone with proper authority, back-up, and training to perform the duties. And as I said before, it isn’t all fun and games. There’s more than enough people out there willing to do law/regulatory enforcement harm.

      I still disagree with you however John. If you look around at other municipalities, you’re not likely to find any warden/harbormaster with that level of police training, unless they are actually current/former police officers doing that job. It’s simply not realistic.

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