When a Mississippi deputy sheriff wants to do off-duty private security work in uniform with a county weapon and vehicle, who has to approve it: the sheriff or the county board of supervisors?

Plain-English summary

Sheriff Shane Phelps of Panola County asked whether his deputies need approval from the county board of supervisors before working off-duty private security jobs while using their official uniform, weapon, and patrol vehicle. The AG said no, the approval is the sheriff's alone.

Miss. Code § 17-25-11 sets up parallel approval chains for three categories of law enforcement officers: municipal officers, deputy sheriffs, and Department of Public Safety officers. Each category has one approving authority, not two. For municipal officers, the governing authority and the chief executive approve. For deputy sheriffs, the sheriff approves. For DPS officers, the Commissioner approves. The board of supervisors does not appear in the deputy-sheriff chain at all.

The opinion ties this together with subsection (2), which adds substantive criteria the approving authority must apply: the proposed off-duty work must not be "likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally," and the use must "promote the public interest." Subsection (2) lists the same approving authorities as subsection (1), confirming the structural parallelism. The sheriff applies these criteria; the board of supervisors does not.

Approval is also expressly per-employee. The statute requires "an employee-by-employee basis and not by general order." So a sheriff cannot simply authorize all deputies to take any private security work; each deputy and each engagement is a separate approval, and proceedings must be made part of the public record.

For Sheriff Phelps practically, this means: he can approve deputies' off-duty private security work in uniform with county weapon and vehicle on his own authority. He does not need a board-of-supervisors resolution. He does need a per-employee record, the public-interest finding, and the no-disrepute finding.

What this means for you

Mississippi sheriffs: Under the opinion, the sheriff approves a deputy's off-duty use of the official uniform, weapon, and vehicle for private security work; § 17-25-11 does not require the county board of supervisors to approve. The statute provides that approval is on an employee-by-employee basis and not by general order, and that the proceedings and minutes regarding application or approval are a public record.

Deputy sheriffs: The approving authority for off-duty private security use of the official uniform, weapon, and vehicle is the sheriff. The opinion holds the board of supervisors is not in that chain, and the statute makes approval per employee rather than a blanket order.

County boards of supervisors: The opinion concludes that § 17-25-11 does not require board approval, or a board determination on the public-interest and no-disrepute criteria, for deputies' off-duty private security work. The statute assigns that determination to the sheriff.

County attorneys: The statute requires that the approval proceedings and minutes be a public record and that approval be made employee-by-employee, not by general order. The opinion locates the approving authority for deputy sheriffs with the sheriff, not the board.

Common questions

Does a Mississippi sheriff need board-of-supervisors approval for deputies' off-duty private security work?

No. The opinion concludes that § 17-25-11 requires the sheriff to approve the use of the uniform, official weapon, and vehicle by deputy sheriffs, and does not require approval by the county board of supervisors.

Who makes the public-interest and no-disrepute findings?

Subsection (2) assigns those determinations to the same authority that approves under subsection (1), which for deputy sheriffs is the sheriff. The opinion states the board of supervisors does not make that determination.

Can the sheriff approve all deputies in a single order?

No. The statute requires approval "on an employee-by-employee basis and not by general order."

Are the approval records public?

Yes. Subsection (1) provides that "[a]ny proceedings regarding application or approval and the minutes regarding same shall be a public record."

How is the county approval chain different from the municipal one?

Section 17-25-11 sets parallel channels: for municipalities, the governing authority approves by act spread upon its minutes and approved by the chief executive; for counties, the sheriff approves; for the Department of Public Safety, the Commissioner approves.

Background and statutory framework

Miss. Code Ann. § 17-25-11(1) authorizes "[c]ertified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county, municipality or the Department of Public Safety" to wear the official uniform and use the official firearm and vehicle while performing private security services in off-duty hours. The statute then sets up three approval channels:

For municipal officers: "The governing authority of a municipality must approve of such use of the uniform, official weapon and vehicle by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive."

For deputy sheriffs: "The sheriff of a county must approve such use of the uniform, official weapon and vehicle by deputy sheriffs."

For DPS officers: "The Commissioner of the Department of Public Safety must approve such use of the uniform, official weapon and vehicle by officers of the department."

The statute then specifies that approval "shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record."

Subsection (2) adds the substantive findings the approving authority must make. Each approving authority "shall determine that the proposed employment is not likely to bring disrepute to the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally" and that the "use" promotes the public interest. The list of approving authorities in subsection (2) parallels subsection (1) (governing authority and chief executive for municipalities, sheriff for counties, DPS Commissioner for DPS), confirming there is no second layer of approval.

The cross-reference to "certified law enforcement officers" or "certified part-time law enforcement officers" runs to Miss. Code § 45-6-3, the standards-and-training definitional section.

Citations

The governing statute: Miss. Code Ann. § 17-25-11, particularly subsections (1) (approval channels) and (2) (substantive findings). The certification cross-reference: Miss. Code Ann. § 45-6-3.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2025/11/S.-Phelps-November-12-2025-Private-Security-Services-by-Deputy-Sheriffs.pdf

Original opinion text

November 12, 2025

The Honorable Shane Phelps
Sheriff, Panola County
300 James Rudd Drive
Batesville, Mississippi 38606

Re: Private Security Services by Deputy Sheriffs

Dear Sheriff Phelps:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

Does the sheriff need approval from the board of supervisors to approve deputy sheriffs to work for private security services in off-duty hours under Mississippi Code Annotated Section 17-25-11?

Brief Response

The sheriff must approve the use of the uniform, official weapon and vehicle by deputy sheriffs for private security services in off-duty hours. Section 17-25-11 does not require approval by the county board of supervisors.

Applicable Law and Discussion

Section 17-25-11 provides in relevant part:

(1) Certified law enforcement officers or certified part-time law enforcement officers, as defined in Section 45-6-3, who are employed by a county, municipality or the Department of Public Safety may wear the official uniform and may utilize the official firearm and the official vehicle issued by the employing jurisdiction while in the performance of private security services in off-duty hours. The governing authority of a municipality must approve of such use of the uniform, official weapon and vehicle by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. The sheriff of a county must approve such use of the uniform, official weapon and vehicle by deputy sheriffs. The Commissioner of the Department of Public Safety must approve such use of the uniform, official weapon and vehicle by officers of the department. Approval shall be on an employee-by-employee basis and not by general order. Any proceedings regarding application or approval and the minutes regarding same shall be a public record.

(emphasis added).

For counties, the sheriff must approve the use of the uniform, official weapon and vehicle for private security services by deputy sheriffs in off-duty hours. Subsection (2) of this statute provides that "[e]ach governing board and chief executive, sheriff or the Commissioner of the Department of Public Safety…" must determine that the proposed employment is not likely to bring disrepute to "the employing jurisdiction or its law enforcement agency, the officer at issue, or law enforcement generally" and that such use (of the uniform, official weapon and vehicle) promotes the public interest. Miss. Code Ann. § 17-25-11(2) (emphasis added). This approval mirrors the approval required in Subsection (1), with the governing authority and the chief executive approving use by municipal law enforcement, the sheriff approving use by deputy sheriffs, and the Public Safety Commissioner approving use by Department of Public Safety officers. Section 17-25-11 does not require approval by the county board of supervisors for deputy sheriffs to use the uniform, official weapon and vehicle for private security services in off-duty hours or a determination by the board of supervisors that such use promotes the public interest, and the proposed employment is not likely to bring disrepute to the jurisdiction, agency, its officers, or law enforcement in general.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL
By:

/s/ Beebe Garrard
Beebe Garrard
Special Assistant Attorney General