Montana bill would let counties pay reserve deputies to staff school security; sheriffs back it, counties warn of liability

Representative Steve Fitzpatrick introduced House Bill 323 on behalf of counties seeking more law‑enforcement manpower, saying the bill would allow counties to provide a salary or compensation to reserve deputy sheriffs at local discretion.

The bill’s sponsor, Representative Steve Fitzpatrick, said the measure is intended to “increase the staff capabilities of local sheriff’s departments” and that the decision would rest with county commissions.

Sheriff Jesse Slaughter of Cascade County told the House Local Government Committee he is "very, very passionate" about the bill and framed it as a school‑safety measure. Slaughter said fully sworn deputies are expensive—“close to $200,000 startup cost” and “well over a $100,000 a year with salary, benefits, equipment, and training”—and that counties have struggled to recruit enough SROs and deputies. He said volunteer reserve programs have shrunk in his county from dozens to two and argued compensated reserves would let retired law‑enforcement officers and veterans fill school security roles.

Undersheriff Scott Van Dyken said reserve programs previously supplied substantial support for search operations and scene security, but training time and equipment costs discourage participation. "For these guys to attend training, it's expensive," he said, adding that modest compensation could "drastically increase our support and our volunteerism for these kinds of projects."

Supporters including the Montana Sheriffs and Peace Officers Association told the committee reserve deputies often transition into full‑time service and that compensation would aid recruitment and retention.

Opponents raised legal and fiscal concerns. Joette Woods, a county commissioner and president of the Montana Association of Counties, said counties could back the bill’s aim but warned that paying volunteers risks conferring employment status and creating future wage‑and‑hour or benefit obligations. "A volunteer can make a wage and hour claim against the county years and years after serving in that capacity," she said. Karen Alley, associate general counsel for the Montana Association of Counties, urged language clarifying that compensation does not create employment under the Fair Labor Standards Act.

Committee members asked how reserves would be certified and supervised. Sheriff Slaughter said a Montana reserve deputy must complete an 88‑hour minimum training cycle, pass physical and psychological tests, and, when sworn, holds the full powers of a deputy. He described a plan to limit reserve scope to school security and to place reserves under the span of control of full‑time school resource officers.

Representative Fitzpatrick told the committee he is open to amendments—specifically changing "salary" to "compensation" and adding clarifying language to prevent unintended employment consequences—and said he would work with counsel and stakeholders on wording.

The committee closed the hearing on HB 323 with no vote and will consider technical amendments before further action.