Is the Salary Transfer Necessary for Blount County Director of Homeland Security to Keep POST Certification?

The information provided is conflicting. 

This letter, from John Welsh Cheif Investigator of POST, says that as long as Mr. Bart Stinnett continues his 40-hours in-service, that he will retain his certification and that the salary transfer request is a moot issue with the POST Commission. 
http://www.bcpublicrecord.com/wp-content/uploads/2011/01/PostLetter1.pdf

This letter, from Brian Grisham Executive Secretary of POST, says that in order to be POST certified, one must be a “law enforcement officer” per TCA 38-8-101 and POST Rules and Regulations Chapter 1110 and be in the employ of and commissioned by a county or city law enforcement agency. 
http://www.bcpublicrecord.com/wp-content/uploads/2011/01/PostLetter2-2.pdf

TCA 38-8-101 does not have a defintion of a “law enforcement officer” per se, but does define types of officers, including “full-time police officer”.  The POST Rules and Regulations does define a law enforcement officer.  (See code and definitions below)

Here’s an interesting part of the POST Commission Rules and Regulations. http://tn.gov/sos/rules/1110/1110-02.20100616.pdf
6(e) An officer’s certification expires after separation of full-time employment from a law enforcement agency. A new application for certification is required for each new
employment as a law enforcement officer.

Based on that, it appears that the certification expires when an officer changes jobs.  If that’s the case, then why is Mr. Stinnett currently POST certified when he no longer works for the law enforcement agency that commissioned him? 

38-8-101. Part definitions. —

    As used in this part, unless the context otherwise requires:    
 
         (1)  “Campus police officer” means a person commissioned by an employing institution and rendered an oath to provide police services, enforce law, exercise arrest authority and carry firearms in accordance with § 49-7-118;    
 
         (2)  “Full-time police officer” means any person employed by any municipality or political subdivision of the state of Tennessee whose primary responsibility is the prevention and detection of crime, and the apprehension of offenders, and whose primary source of income is derived from employment as a police officer;    
 
         (3)  “Part-time police officer,” “temporary police officer,” “reserve police officer,” or “auxiliary police officer” means any person employed by any municipality or any political subdivision of the state of Tennessee whose primary responsibility is to support the full-time police officer in the prevention and detection of crime, apprehension of offenders, and assisting in the prosecution of offenders for appropriate remuneration in measure with specifically assigned duties or job description. Part-time police officers shall work not more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month. Any police officer who works in excess of the maximum hours as specified in this subdivision (3) shall be reclassified to a full-time status and must meet all requirements for standards and training as mandated under the law and peace officer standards and training commission rules. In any situation where an officer is temporarily assigned, for a period of one (1) month or less, to work more than twenty (20) hours per week, for a total of not more than one hundred (100) hours per month, the officer shall not be reclassified to a full-time status;    
 
         (4)  “Private special deputy” means a person who is employed and compensated by a resort area owner or management company to act as security and law enforcement for the resort area and whose qualifications and training requirements are equivalent to or superior to those required for a law enforcement officer under the standards established by the peace officer standards and training commission for law enforcement officers;    
 
         (5)  “Public safety officer” means a person who, in addition to being a commissioned campus police officer under § 49-7-118(g)(1), performs other significant duties such as certified firefighter, medical first responder or other tasks associated with homeland security based on the needs of a particular institution; and    
 
         (6)  (A)  “Special deputy” means any person who is assigned specific police functions as to the prevention and detection of crime and general laws of this state on a volunteer basis, whether working alone or with other police officers.    
 
[Acts 1981, ch. 455, § 3; T.C.A., § 38-11-101; Acts 1983, ch. 270, § 1; 1988, ch. 968, § 1; 1989, ch. 138, § 1; 1990, ch. 1094, § 1; 1993, ch. 374, § 1; 2006, ch. 862, § 1; 2009, ch. 190, § 1.]http://tn.gov/sos/rules/1110/1110-01.20100616.pdf

1110-01-.01 DEFINITIONS.
(1) Law Enforcement Officer is defined as either;
(a) Full-time Law Enforcement Officer is defined as any person commissioned, sworn, appointed, and/or otherwise lawfully enjoined to uphold the laws of the State of Tennessee, and/or laws or ordinances of any municipality or political subdivision of the State of Tennessee; and who is employed by any municipality or political subdivision of the State of Tennessee or as a railroad police officer pursuant to § 65-6-133 and whose primary responsibility is (whether directly or as an experienced, certified, supervisor/administrator of such persons), the prevention and detection of crime, and the apprehension of offenders, and specifically assigned duties and/or job description reflect 
said primary responsibility for the prevention and detection of crime;
 

 

http://www.state.tn.us/sos/rules/1110/1110.htm

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