Virginia Beach approves additional enforcement authority for sheriff’s deputies

VIRGINIA BEACH — Sheriffs in Virginia are required to enforce the laws in their city or county, but Virginia Beach still had five laws on its books that gave enforcement authority only to “police officers” — not sheriff’s deputies.

At the request of Sheriff Ken Stolle, the City Council agreed Tuesday night to amend the wording in the laws from “police officers” to “law enforcement officers.”

The code issue for certain non-felony offenses came to light as a result of the increasing cooperation between the police department and the sheriff’s office over the past couple of years, particularly at the Oceanfront and during special events.

Of the five enforcement laws left on the books that referenced “police officers” instead of “law enforcement officers,” one was requiring a citizen to show identification based on reasonable suspicion or probable cause.

Stolle told the City Council amending those laws would make the city’s codes consistent with the state’s.

“It’s not about a power grab,” Stolle said.

Before the council voted, Stolle also said it’s his responsibility to make sure Virginia Beach’s laws are enforced whether or not the code was changed.

“It doesn’t matter to me if you do it or not because it’s not going to change a damn thing that I do,” the sheriff said. “I’m going to continue to enforce all the laws that I need to have enforced if the police department doesn’t do it.”

The sheriff is an elected official, while the police chief is appointed by the city manager.

Tim Oksman, staff attorney for the sheriff’s office, said he became aware of the wording of the five city codes when he was asked to create a training program for sheriff’s deputies to cite someone for an unleashed dog on the Boardwalk.

Oksman said there are strong arguments based on state law that sheriff’s deputies could enforce that law even though the city code referenced “police officers.”

“Why create doubt? Why create confusion?” Oskman said.

City Council members were divided on the issue in a close 5-4 vote. Councilmembers Sabrina Wooten, Jennifer Rouse, Worth Remick and Chris Taylor voted against amending the laws.

Two members — Michael Berlucchi and Rocky Holcomb, a chief deputy in the sheriff’s office — were absent.

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Wooten was concerned about the accountability of sheriff’s deputies. She wanted them to be under the auspices of the city’s new police oversight board.

But City Attorney Mark Stiles said that’s not possible unless the state law, which defines the scope of the board’s duties, is amended.

Wooten attempted to defer the vote for 90 days in order to figure out an alternative option for oversight of sheriff’s deputies, address training issues and engage the public on the matter, but she was unable to gain enough support for the deferral.

The sheriff originally brought the issue to the City Council last year. Former Councilman John Moss requested the agreement between the police department and the sheriff’s office to review accountability issues.

Since then, the two entities combined several policies already in place into one agreement, which was also approved by the City Council on Tuesday.

Stacy Parker, 757-222-5125, stacy.parker@pilotonline.com