OBSERVER Staff Report

CHAUTAUQUA — The Chautauqua County Sheriff’s Office on Friday said security personnel at Chautauqua Institution will no longer be designated as “special deputies.”

In a news release, the Sheriff’s Office noted that Chautauqua Institution has “operated their security for several years under the premise that they were ‘special deputies’ appointed by the Chautauqua County sheriff. However, it is the opinion of the New York State Sheriff’s Association, Chautauqua County Law Department and Sheriff (James) Quattrone that there is no such authority to do so.

“The change in status was communicated to Chautauqua Institution authorities earlier in the year when it was discovered that there was no such authority, which places Chautauqua County, Chautauqua County Sheriff’s Office and any individuals operating under the false premise that they are ‘special deputies’ under potential liability and other legal consequences.”

The Sheriff’s Office has long had a close partnership with Chautauqua, where some members of the campus police had been appointed as special sheriff’s deputies.

Former Sheriff Joe Gerace currently serves as director of Campus Security and Safety and chief of the police department.

In a statement, Quattrone stated, “As the Chautauqua County sheriff I have taken an oath to uphold the laws of New York state to the best of my ability and I intend to do so. I cannot attempt to find loopholes in order to confer ‘special deputy’ status on employees of a private non-profit organization.

The Chautauqua County Sheriff’s Office will continue to serve the residents and guests of Chautauqua Institution and will respond to any police related calls as needed. The Sheriff’s Office and the New York State Police continue to operate under a closest car policy and whichever agency is closest will be dispatched to any call that is reported to our agency. We continue to encourage the Chautauqua Institution security to maintain their patrols within the Chautauqua Institution-owned property.”

PAST QUESTIONS

Questions regarding the designation of the special deputies has been brought up for several years. State Assemblyman Andrew Goodell, R-Jamestown, has introduced legislation numerous times that would grant peace officer status to some security personnel at Chautauqua. In February 2019, Goodell introduced an Assembly bill (A05433) seeking to amend the criminal procedure law, in relation to peace officer status of special deputies appointed by the Sheriff’s Office.

The same bill passed the Assembly and state Senate in 2014, but was vetoed by the governor. Bills in 2015, 2016 and 2017 passed the Assembly but failed to pass the Senate.

Goodell’s bill received the same fate last year. He said in an interview on Friday he plans to again submit the bill in this year’s legislative session.

SEEKING OPTIONS

Chautauqua officials say they were made aware of the impending change late last year and are considering pursuing both constable and peace officer status for officers.

“We are confident in our ability to retain a similar level of safety and security to our property and patrons as that which we have provided for 40 years under a shared services cooperative arrangement with the Chautauqua County Sheriff’s Office,” Chautauqua said in a statement. “In the meantime, Chautauqua Institution Police, who are all trained law enforcement officers employed as sheriff’s deputies or officers within local municipalities — and who serve under the leadership of director of campus Security and Safety Joseph A. Gerace, the Chautauqua County Sheriff for nearly 25 years – will continue to maintain 24/7 safety and security coverage and assist with emergency situations on our grounds.

“While we are disappointed by this decision, we certainly recognize and respect Sheriff Quattrone’s authority over the appointment of Special Deputies. For the more than four decades that the Special Deputy designation has been in effect, Chautauqua Institution has fully absorbed the significant financial costs and personnel risks of protecting the Institution’s grounds, private property, citizens, and the 100,000 patrons we draw to the grounds and region annually. We are hopeful we will achieve alternative authority status so the County does not have to bear that expense.”