The McColl Police Dept. is operating with officers that aren't certified through the S.C. Criminal Justice Academy, according to the Academy's Director Jackie Swindler.
Swindler said the town's police chief, who was certified, resigned last week.
It's the fourth police chief the town has had in about a year and a half.
Swindler said the department's three officers aren't certified, including the interim police chief.
“They are not the only agency like this. But, certainly, I have dealt with other agencies like this before. But, certainly, when I talk with towns or cities, they understand that they put themselves in a pretty precarious situation. That it would behoove them to seek certified officers. Or get some assistance from certified officers to be better sure of their agency to do the right thing. They have legal arrest authorities. But they just haven’t been trained in all the laws. Both criminal laws and constitutional laws. Or procedures. But, they legally can operate it’s just not a good practice. Because they are not certified. They are not trained. They are legally operating. That’s just not a good practice. They may do things that aren’t proper.
Because they aren’t properly trained. And that could subject the jurisdictions to liability," said Swindler.
Swindler said of the department's three officers, one already had one week of the required week training at the academy.
He added another officer will begin his certification training in September.
The interim chief said he's worked in law enforcement for the past 12 years but as a reserve officer.
Officers in those positions don't have to have full certification.
The SCCJA's website cites Chapter 28, Title 23, Code of Laws of SC, which said, "A reserve officer is a non-paid volunteer who assists a law enforcement agency in enforcing the laws of South Carolina. The reserve officer is appointed by and serves at the pleasure of the agency head. A reserve officer candidate must successfully complete the SC Reserve Officer Training Program to include an end-of-course written evaluation prepared by the Academy."
However, state law now requires non-certified full-time officers to work with an officer who is certified.
S.C. House Bill 3050 reads:
"A non-certified law enforcement officer shall only perform his duties while accompanied by a certified law enforcement officer."
The officers in McColl were hired before July 1, 2022, but the town's mayor said he still reached out to the Marlboro County Sheriff's Office for help.
Mayor George Garner said he met with officials at the Sheriff's Office last week and they agreed to have a certified deputy work along his officers in McColl.
“I am grateful. I am very grateful. You always need some kind of certified officer to help out. It is better to have certified. And we do have in the paper that we are running applications for a chief. And certified officers that we are trying to hire," said Garner.
Garner said it's hard to keep certified officers in small communities and towns. He added that's why they put a measure in place to keep officers from quickly leaving after getting certified.
"I know it’s every town that is going through this. It’s not just Marlboro County. It’s also North Carolina. It’s just hard to keep certified officers anywhere, and then hiring non-certified officers. Then you have to send them to school. But we did come up with an ordinance. We will send you to school. You have to stay with us for two years. You sign a contract, once you get out of school. Then that way if they will decide to leave us, somebody buys out their contract out. Maybe we can keep certified officers in town," explained George.
He said they hope to have all of their existing officers certified within 60 days, along with any new hires.