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Statement of Policy
Auxiliary Police Officers
ILLINOIS LAW ENFORCEMENT TRAINING AND STANDARDS BOARD
Issued: October 11, 2006
Please be advised that recent changes in Illinois law, precipitated by the passage of
Public Act 94-984 (effective June 30, 2006) effectively alters the manner by which municipal
auxiliary police officers are to be trained. The purpose of this memorandum is to inform local
government officials and law enforcement administrators of the changes in statute, and, of
established Board policies and procedures applicable to auxiliary police officers serving
municipalities in Illinois.
Public Act 94-984 states, in pertinent part:
“Before being permitted to carry a firearm ....an auxiliary officer must have the
same course of training as required of peace officers under Section 2 of the
Peace Officers Firearms Training Act.” (65 ILCS 5/3.1-30-20)
and further, that:
“...auxiliary officers, when on duty, shall also be conservators of the peace...”
The language of this Act (then) requires all municipal auxiliary officers who are
authorized to carry a firearm to complete what is commonly referred to as the “40 Hour
Mandatory Firearms Training Course.” However, given the fact that Public Act 94-984
affirms that auxiliary officers shall “exercise conservator of the peace powers” while on duty,
the Illinois Police Training Act requires the Board to set training standards for conservators of
the peace, to wit:
“The Board shall initiate, administer, and conduct a training course for
conservators of the peace. The training course may include all or any part of
the subjects enumerated in Section 7. The Board shall issue a certificate to
those persons successfully completing the course. For the purpose of this
section, “conservators of the peace” means those persons designated under
Section 3.1-15-25 of the Illinois Municipal Code....” (50 ILCS 705/10.5)
The above cited statutory provision became effective on December 1, 1997. At that
time, the Board recognizing that conservators of the peace enjoy broad police powers - “to
arrest or cause to be arrested, with or without process, all persons who break the peace and
are found violating any municipal ordinance or any criminal law of the state” – determined
that the Mandatory Basic Law Enforcement Training Course (400 hours) shall be required for
“conservators of the peace,” the same as for full and part-time police officers. The Board
deemed it to be otherwise irresponsible and illogical to establish a lesser standard for
conservators of the peace, since those designated as conservators of the peace essentially
possess the same powers of arrest as full and part-time peace officers.
While there appears to be some unclarity in State statute regarding training
requirements for conservators of the peace, the Board has exercised authority (given in 50
ILCS 705/10.5) to reaffirm the following Board policy in effect since 1997:
Any person designated as a conservator of the peace must complete the full basic
law enforcement training program as specified in Section 7 of the Illinois Police
Training Act.
Accordingly, should any municipality, by ordinance, establish an auxiliary police unit,
and confer the power of “conservator of the peace” to auxiliary officers, then all such officers
shall comply with the provisions of the Police Training Act, Section 7, and complete the 400-
Hour Mandatory Basic Law Enforcement Officer Training Course. However, if a
municipality, by ordinance, creates an auxiliary police unit, and therein specifies that such
auxiliary officers do not possess “conservator of the peace” powers, then the Board has
determined that such officers need only comply with the 40-Hour Mandatory Firearms
Training Act before being permitted to carry a firearm (as specified in 50 ILCS 5/3.1-30-20).
Concurrent with State statute and the Board’s authority to establish administrative rules,
regulations and policies, the Board hereby sets forth the following administrative procedures
pertaining to auxiliary police officers employed by municipal governments. These policies and
procedures are effective October 11, 2006.
# Municipal governments (and law enforcement agencies) that exercise their
option to create an auxiliary police unit, shall provide the Board with a copy of
the ordinance. The ordinance shall explicitly indicate whether auxiliary officers
are designated as having conservator of the peace powers.
# In the case of municipalities which create auxiliary police units by ordinance,
but explicitly state (within the ordinance) that officers are not to exercise
“conservator of the peace” powers, then all auxiliary officers so designated shall
be required to complete the 40-Hour Mandatory Firearms Training Course
before being permitted to carry a firearm (as specified in 65 ILCS 5/3.1-30-20).
# The ordinance establishing an auxiliary unit and specifying the powers of
auxiliary police officers must be on file with the Board in order for the Board to
determine whether the municipal auxiliary officers are required to complete the
400-Hour Mandatory Basic Law Enforcement Officer Training Course (for
auxiliary officers with conservator of the peace powers) or are alternatively
required to complete the 40-Hour Mandatory Firearms Training Course (for
auxiliary officers without conservator of the peace powers). If the municipal
ordinance does not explicitly state that auxiliary officers are not conservators of
the peace, then the Board will conclude that such conservator of the peace
powers are granted, and the auxiliary officers will be required to complete the
400-Hour Mandatory Basic Law Enforcement Officer Training Course for
purposes of complying with State statute.
# Once the Board has the required municipal ordinance on file, a determination
will be made regarding mandated training. Auxiliary police officers with
conservator of the peace powers will be directed to attend the 400-Hour Basic
Law Enforcement Officer Training Course at a certified State academy, and
auxiliary police officers without conservator of the peace powers who are
authorized by the municipality to carry firearms will be directed to complete the
40-Hour Mandatory Firearms Training Course, at one of the 16 established
Mobile Team Units.
# The Municipal Code is clear that auxiliary officers are not members of the
regular police department. Therefore, training of such officers is not
reimbursable with State funds. Municipalities that train auxiliary officers at
State certified academies and mobile team units will be responsible for all costs.
An equitable course tuition fee will be established.
# The Board is in the process of developing administrative reporting forms for
municipal governments with auxiliary police units. Those forms will be
available and distributed on or before November 1, 2006.
Please note that Public Act 98-984 (and the policies and procedures outlined
herein) does not apply to auxiliary deputy sheriffs, since State statute does not authorize
such deputies to possess conservator of the peace powers.
Note of Clarification:
The Board does not require documentation on auxiliary police officers who are not
conservators of the peace and who are not authorized to carry a firearm.
Questions pertaining to this statement of policy may be directed to the Board office.
Please refer to the Board’s website (www.ptb.state.il.us) for upcoming additional information
reference PA 94-984 and the training of auxiliary police officers.