Q May the board of aldermen delegate to the police chief the authority to make individual determinations as to whether a particular officer may wear his uniform and/or carry his weapon in the performance of private security duties under Section 17-25-11?

A No. Section 17-25-11 specifically states “The governing authority of a municipality must approve such use of the uniform and official weapon by municipal law enforcement officers by act spread upon the minutes of such board and approved by the chief executive. . . Approval shall be on an employee-by-employee basis and not by general order.” This language leaves no authority to delegate the authority to make such a determination. (Attorney General’s Opinion to Murdock, September 14, 2012)