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GooglePOST had denied Boyce peace officer certification on the grounds that he had not completed basic recruit training when he became sheriff in 2006.
However, Boyce had done so in 1976 and on Thursday, a ruling filed in Davidson County Chancery Court by Chancellor Russell T. Perkins stated that Boyce "possesses training that is equivalent to basic recruit training" and POST has been directed by the court to "immediately issue a Certificate of Compliance."
"We're just tickled" over the decision, Boyce said Friday. "We knew we were right all along and the court agreed with us."
Boyce had asked for a certificate from POST that would have excused him from attending a full-fledged police academy, but POST denied that request "without making any specific findings of fact or conclusions of law," according to the ruling.
Completed training
In 1976, Boyce successfully completed the Basic Recruit School and was certified as a peace officer by the Tennessee Law Enforcement Planning Commission.
Boyce had served for several years as a police officer and deputy sheriff in the county, ending in 1978, with approximately 11 years of law enforcement experience.
After leaving law enforcement, Boyce raised horses and pursued other business interests and over that time, developed health concerns, namely difficulties with his right knee and heart problems.
Boyce took office as sheriff in Sept. 1, 2006 and following that, he completed new sheriff's school, the required 40-hour annual in-service training, as well as extra courses dealing with major catastrophes and child abuse cases.
He did not believe his health conditions would impair his ability to be sheriff, but would make it hard to complete basic recruit training or a police academy.
When Boyce ran for office it was his understanding that he would have to complete new sheriff's school, but not basic recruit training, but he did not contact POST to determine what his training obligation would be if elected.
"I knew that other (sheriffs) didn't have to go through it (recruit training), but they (POST) wanted me to," Boyce said.
"If you go to school and get a college education, you've always got that college education," the sheriff said. "That's a 20-year-old man's game to go through that school," referring to the recruit training.
While the matter was in the courts, Sen. Jim Tracy and former Rep. Curt Cobb even introduced a bill to the Tennessee State Legislature that would have changed the state code, allowing Boyce to be certified, but the effort was unsuccessful.
Cut in pay
According to a section of TCA 8-8-102, if a person did not complete his recruit training during his first year in office as sheriff, his pay would be 20 percent less during the second year in office, 25 percent lower during the third year and 30 percent less in the fourth year.
Boyce said Friday he assumed that he would be receiving back pay, but added that detail had yet to be "hammered out."
POST denied Boyce's first request to take the certification test without the basic recruit class and also denied his second request to take Basic Police School at Cleveland State Community College instead of the Tennessee Law Enforcement Training Academy.
The final order from POST dated Jan. 22 of this year had the effect of reducing Boyce's pay and made him ineligible to seek re-election.
The ruling stated that state statute "provides that it is mandatory for POST to issue a certificate of compliance to a sheriff who possesses the equivalence of recruit training."
"While it is common sense that this equivalent training must be valid, genuine and verifiable, the statue does not specify, however, that this equivalent training must be current," the court said .
The ruling stated that POST did not engage in handicap or age discrimination against Boyce when it denied his request for a certificate of compliance.
POST's decision not to issue the certificate was not arbitrary and capricious, however, it did exceed its statutory authority when it failed to decide whether Boyce's 1976 training was equivalent to current standards.
The sheriff is not entitled to an award of attorneys' fees, but the costs of the case are taxed to POST, the ruling stated.
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Notice how tracy, and cobb got involved to change the laws to enhance the abilitys of one of the good ole boys, can you see the similarities of the obama regime. Lets get real folks, now you will have a Cobb in the court house and another wants to take his place in nashville, and they are in the pockets of bredesen and the sherriff, how big does the list have to get before any one cares. Maybe its best if Chris Brown doesn't get elected for the scroupulous folks will eat him like a dead dog, cause he's not one of the "GOOD OLE BOYS".
Politics aside. The certification is just that if it has no assigned date of recertification. I went through Basic Training one time, after that it was not a requirment to do it again. However I did have to meet minimum requirments to maintain my standing in the service and formost other duties that carried with it coninious standards of qualifying benchmarks. If a officer is a desk officer the requirments for the swat team does not apply and will not be a requirment. We know it would hurt Randall to loose a few pounds. However that does not disqualify him from service.
When Boyce ran for office it was his understanding that he would have to complete new sheriff's school, but not basic recruit training, but he did not contact POST to determine what his training obligation would be if elected.
"I knew that other (sheriffs) didn't have to go through it (recruit training), but they (POST) wanted me to," Boyce said.
---------------
I seem to remember, during the election, there were ads in the paper stating that Boyce wasn't post certified to be Sheriff, but Boyce's ads responded that he was post "qualified" to run.
I can't say this was outright dishonesty but it is a strange tapdance of words.
If a sheriff is going to be a "desk sheriff" as many are in big cities then I wouldn't see too much need in current post certification. But since Boyce apparently likes to ride around and answer calls he should be retrained at the academy and not have the title "bestowed" on him.
Think about how much your current profession has changes since 1976, and consider that the law can change every time a case is heard. If Boyce didn't keep up with the the legal requirements of post certification and holding the office, why would anyone think he has kept up with other areas of the law?
Mr. Boyce has already lost one lawsuit for violating someone's the civil rights , why should the citizens of Bedford county be at risk for another costly lawsuit by Boyce being on the street without current training?
I would love to see Boyce try and go through police academy . . . that video would be priceless and amount to many hours of laughter. LOL!
To be really honest though, they really need to require some type of physical fitness if they are going have that kind of job. I see some of the police officers and I think I could run faster than them and that is definitely not saying much for them.
Mike is not so quiet is he? This fact is this, there was an attempt to thwart Mr. Boyce from being Sheriff. It is no more complicated or simple than that. This is yet another case where a few did not want to accept the decision of the many or the majority. Boyce won the election. Then because of small town politics and poorly placed pride of a few he had to win it again. Kudos to the Sheriff for standing up against the "system" and for himself. As for his losing a lawsuit because of civil rights, you cant swing a dead cat in this county or state without finding someone that is having his or her civil rights violated. By the way, no one has civil rights unless they plant both feet in the ground and stand up for them. I'm sure who ever won the case got what they wanted, money, justice or crowing rights. In any case there will be another election coming soon. If, Mr. Boyce has failed to perform the duties as bestowed on him by the voters they can remove him and place the next poor soul who would subject themselves to the ridicule of those with their own agenda. Or some state agency who probably would not know the law if it fell out of the sky and hit them on the head.
Has anyone gone up north and seen their police departments and county guys? Has anyone ever gone to California, Texas, New Mexico or some of these other states and seen theirs? Well, I've been all over this nation and have. They put our police and county guys to shame. The little rural places like ours is where you will see the ones out of shape and not able to do what needs to be done. Can anyone here see how our crime rate is picking up? You can't go anywhere anymore and not hear about someone breaking in to someone's house, a robbery, and child molesters out here everywhere. Yes, we are just like other counties and cities, but they have an advantage. Their cops can run and make chase after the criminals and believe me, we have more and more everyday, because of the unemployment rate. If you can't do the job, then you shouldn't be in to that line of work. They should have to maintain standards just like our military men with height and weight requirements if they are going to patrol. If they don't meet standards then they need to stay at the desk.
Agreed to an extent sawyers69, but here is the common problem here. We want our officers to be the best, the best shape, the best professionalism, etc. But here they are doing what they can with what they have to work with. Always a fight over vehicles, no pay increases of any kind for the second straight year, no furnished gym facilities like "bigger" departments have and not even any extra training money for anything other than post minimums.
We want them and we don't. It all really just depends on who needs them at any given time.
If the people they protect aren't behind them 100% why should they really care what they think?
Most of those who ridicule our local law enforcement, county or city, wouldn't do the job anyway. It's hard, frustrating, and hardly a decent living, but here they show up to work everyday.
God Bless them and let's all get together and try to at least say thank you and give these men guys and girls a little help and support.
I do agree with you, but also a few months ago there was a big write up on how much money was put back into the city from the law enforcement and that is good, but why not put that money back into doing what these guys need. They need to be able to do their jobs and that requires that they be in shape to do it. Give them the equipment they need to stay in shape and stay in good health. That is still helping the city and county and the people of this area, by making sure our guys can do their jobs so that they can protect us. With the gyms we have here, I'm sure that one of them would do what they could to help. I have a friend in Nashville, with the county, and he hits the gym everyday. He takes care of himself, so that he can do his job. He doesn't leave it up to them to do it, he does it on his own, because he wants to stay fit and take care of the people. I understand money is needed, so why brag about putting it back in the county and city, when the law enforcement needs it themselves? If they are not taken care of, how can they take care of us?
Well I guess justice does prevail.Right is right ,and the sheriff was right.I'm proud we have a sheriff that will stand up to local and state politics.As for being physical fit,Id hate to have Randall get a hold on me.He is more man than most know.He has always worked hard, and in better shape than those of you complaining.Now pay the man his back pay and suck it up.Oh by the way a BIG RASPBERRY to you two.You know who you are.
Well sheriff Boyce now it is official, YOU are the new Sheriff in town.
You're honorable Randall Boyce Sheriff of Bedford County.
I am starting the petition for the 287G. The program, the 287 (g) section added to the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, created a partnership between the Department of Homeland Security's ICE and state and local law enforcement to enforce federal immigration laws program.
I hope many will come out in our coming demonstrations on street corners and start to get these illegal aliens off our county land.
I am tired of the court house giving out fines and letting these who have been awaiting there immigration hearings, and choose to ignore going. We need to clean up this town of those who are breaking the laws. But those who are in our county and United States Of America
Illegally.
I understand the Federal government is In need of detention centers. We have two big buildings that can do the job. Harris Middle school and the old hospital. The federal government will pay for the upgrades under homeland security. Check into it sheriff, I know about it and will drop information to Mr. Lowman.
You are reading these blogs for the feel of this story. And stop this town from becoming another trophy for Mexico.
MR. Boyce made a statement when running for sheriff. He would arrest the no.1 drug dealer when elected.(who ever that is )then 12 hrs. into office he said in t-g news As for his goals in office, Boyce said, "What we're mainly looking at is drugs. We know we'll never be able to end the drug business in Bedford County, but we'd like to hit them hard." (Who is them) (he could only control) the drug problem.(what did that mean)think about it .Have you seen any BIG DRUG bust in this county .
.
2) How many people are kin to each other?
3) Who backed him ?
4) Williams, Boyce, Parker,
5) Edwards ,Parker,
6) Parker, Williams
7) Boyce Williams
From 1974/76,nothing has changed
in Mexico this could be called a cartel
Regarding the dialog about "good ole boys," "rising crime," and the "good crime-fighting everywhere but here at home," crime is not controllable. It can be "engaged," but cannot be "controlled."
There are variables outside the Bedford County Sheriff's Department that the particular department can't control. A good example is the budget. It can recommend a budget, but cannot approve it or fund it. It follows that law enforcement nationwide doesn't have the budget that criminal activity has.
Also criminal activity doesn't have statutory specifics governing its budget. Criminal activity doesn't have to fund its recruits for special education. It doesn't have to have fleets of cars, costly communication devices, and buildings.
And interestingly, criminal activity doesn't have the biting criticism from the public that law enforcement endures. Read the remarks about Sheriff Boyce, who is probably doing a pretty good job, and see if one finds the same mean-spirited criticism being uttered about any professional criminal of note in the area ...
Law enforcement is a dangerous job. To protect one's self, an officer has to consider "guidelines." When one is a criminal in a dangerous situation, one doesn't have to consider guidelines ... one considers what it will take to get out of a pickle. When do criminals get suspended without pay?
By the way, I am overweight, and I am not a sheriff!
Time for a change!!
Drug paraphenalia is openly sold at many markets and tobacco shops here. Other communities have put a stop to this. Why can't Shelbyville do the same?
As far as small town politics, there are certain people here who are protected. It all depends on who they are connected to. It's been that way for years and I don't see it changing any time soon.
For those who say this was a ploy to keep Boyce from being Sheriff, I would argue that the fact he is already Sheriff has never been argued. Most folks just want him to follow the law he is sworn to uphold. The same law he and his deputies arrest others for breaking.
First I would point to anyone who is interested to look at why the POST commission said his 1976 certification is no longer valid. It is under 38-8-107 subsection b
http://www.michie.com/tennessee/lpext.dl...
Would you trust a surgeon who went to medical school in the mid 70's, but hasn't seen a patient or had any further training since then?
Second, is the law straight from the book that says a Sheriff must have current post certification or go through the academy within one year of being elected, or suffer a cut in pay and be ineligible for reelection. It is under 8-8-102 subsection 9
http://www.michie.com/tennessee/lpext.dl...
Why should the law be changed to suit one person? Using this logic, anyone who is arrested for driving on a suspended license can claim " I took the test 20 years ago and had a license then, so that should be good enough! What I did between then and now shouldn't matter."
Could Boyce arrest this person with a clear conscience?
Yep, if the money "given back" was put into a gym fund (both Fit Club and Bedford Gym would offer discounted rates, im sure.) for officers/deputies, and give some incentive, I bet we would see some more fit individuals. There are a few that are fit, maybe 10% of the city, and the same for the county guys. Kudo's to those who keep it up, and keep it off. Haha. I know of two city cops who work out at Bedford Gym regularly. Good guys, wouldn't want them chasing me.
Politics aside. The certification is just that if it has no assigned date of recertification. I went through Basic Training one time, after that it was not a requirment to do it again. However I did have to meet minimum requirments to maintain my standing in the service and formost other duties that carried with it coninious standards of qualifying benchmarks. If a officer is a desk officer the requirments for the swat team does not apply and will not be a requirment. We know it would hurt Randall to loose a few pounds. However that does not disqualify him from service.
-- Posted by bear on Sun, Oct 4, 2009, at 9:28 AM
You are wrong if you are out of the military for more than 5 years you have to go to Basic again
Why can't they just have a refresher, or required so many hours class on new updated procedures, laws, and techniques, etc. Sort of like enhancing their skills. I do not feel they should have to go threw a complete recertification all over again. They have what they already learned; all they need is to update every 2 years or so with new requirements. JMO.
To momof&3step&1gran: Police are required to do 40 hours of training every year to keep up with the changing laws and regulations. If they weren't we would be in a bigger mess that we are now. No one is saying that you have to get recertified as an officer every time a new law comes along, just if you have not been in law enforcement for over 30 years then you probably are not, if at all familiar with how law enforcement is conducted in the present. So you should be required to at the very least be forced to attend the basic police school to understand basic police procedures. Im gonna use an example of the stock market. If I was a top stock market investor in the 1970's, and I retired for over 30 years. Then I decided I wanted to get back into the stock market, would you be willing to give me your money to invest into companies that I had no knowledge of how the companies preformed over the past 30 years. Or would it make more sense to you to give your money to an investor that has been still working as an investor for the past 30 years and probably picked up on all the laws and knows what he can and can't do as an investor already. Im not saying that a person should never get back into a profession that they left for over 30 years, but if you do you should at the very least attend a school that would bring your education up to speed with the current day and time of that profession
I know I am late getting in the game here, but one concern I have is: Who's money paid for all of this legal work? Was is Boyce's or the taxpayers? If it was the taxpayers, I am very upset. The 'Good Ole Boy' system is alive and well in Bedford County and Randall Boyce is definitely using this system. I know his buddies are proud of this but to some of the victims, it has been a devastation to their entire way of life. To hear that the perp went in and spoke to Randall and all of a sudden, everything is your fault and the whole case is being dismissed? I feel extremely sympathetic to anyone who has been destroyed under the G.O.B. system. I understand your pain. Randall Boyce, I feel, does not need to hold the office of Sheriff and should not have a clear conscience about arresting anyone. You cheated the system and won. I just hope it wasn't with taxpayers dollars.