A Request for Information was submitted to the Alabama State
Attorney General in regards to Mr. Larry Berzett’s APOST Certification. The request concerned
Larry Berzett wearing a belt buckle which reflected his name and the word “Deputy”
on the buckle. It appeared that Mr.
Berzett was impersonating an officer.
The response is appended to this comment. The
response does not adequately answer my inquiry and does not belong in the hands
of the State Attorney General’s office yet.
I have requested information from the State Attorney General’s office in
the past. Please read the attached al.gov rules for the Alabama Access
Laws.
The below response in BLUE is from Mr. Louis Zook, the Alabama State Attorney General's
Coordinator to the Alabama Open Record Act. What is Mr. Zook saying?
This is in response to your January 17th email
requesting information.
APOST is charged with the training and certification of law
enforcement officers. Law Enforcement officers by definition are persons who,
in their official capacities, (36-21-40, et seq.) have the power of arrest. The
exception to this is the elected Sheriff of each County and Constables. We do
not regulate non-sworn persons such as jailers, dispatchers or school crossing
guards, etc.
If a person working in the jail is vested with the power of
arrest, then that person has been appointed a law enforcement officer subject
to APOST regulations. I trust this answers your second question.
For an answer to your fist question, I refer you to the office
of the Attorney General since APOSTC regulate only law enforcement officers.
Thank you for your inquiry.
Signed
XXXXXX Zook
Signed
XXXXXX Zook
Dated:
To
Whom It May Concern:
Under the Alabama Open Records Law § 36-12-40 et seq. I am requesting that the APOST Commission provide me a copy of the public writings listed below within 7 day of receipt of this request. I understand from this above mentioned code that “every citizen has a right to inspect and take a copy of any public writing of this state. The open records law does not stipulate that I must be from any specific county to request this documentation.
1. Please
provide me the date of APOST training certification completed by Ron Livingston
and Mr. Larry Berzett of the Morgan County, Alabama sheriff’s department.
I would like to know which class Mr. Livingston and Mr. Berzett attended and
the location of course attended. Mr. Livingston works for Sheriff Ana
Franklin w/the position of Captain and Larry Berzett is now administrator of
the Jail. Both Mr. Livingston and Mr. Berzett are wearing deputy
attire. It is my desire to verify that both men are APOST certified.
2. My
understanding of the training requirements is that the trainee must
successfully complete 408 hours of basic training at an approved academy.
It is also my understanding that an applicant must have a minimum of one year
experience as a gainfully employed, full time enforcement officer and must not
have a break in service for more than two years following separation of
employment as a law enforcement officer in said state. Or obtain ten or
more points based on a scheduled as identified in the APOST Administrative
Code, Rule 650-X-4-.03.
If
there are any fees for searching or copying these records, please inform me if
the cost. It is my understanding per the Code of Alabama 1975 Section
36-12-40 However, I would also like to request a waiver of all fees in that the
disclosure of the requested information is in the public interest and will
contribute significantly to the public’s understanding of the Sheriff’s promise
for full disclosure. This information is not being sought for commercial
purposes.
The
statute requires a response in a reasonable time period. If access to the
records I am requesting will take longer 7 days, please contact me in writing
with information about when I might expect copies or the ability to inspect the
requested records.
If
you deny any or all of this request, please cite each specific exemption you
feel justifies the refusal to release the information and notify me of the
appeal procedures available to me under the law.
Please
advise me immediately if you need clarification of any part of my request.
Thank you for considering my request.
Sincerely,
xxxxxxxx Robinson
XXXXXXXXXX
Falkville, Alabama 35622
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