1. The following is based on a conversation with Lieutenant Funderburk of the Montgomery County Sherriff’s Department District 1 and is in response to several PO’s questions regarding marked and unmarked police vehicles. Note that this applies only to PCP and not Peach Creek Estates (PCE) which is in San Jacinto County.
Q: Can our off-duty deputies use a magnetic sign for the County agency on their vehicle? A: Only the Sheriff can give approval for a POV to have magnetic signs, Lieutenant Funderburk feels there is too much liability attached.
Q: What are our off-duty deputies empowered do if a call comes over radio for our neighborhood or they witness a crime in our neighborhood? A: They have the authority as a Peace Officer to intervene directly in any such events. (Note for the above: Our Montgomery County off-duty deputies are required to carry their police radios with them while in our neighborhood.)
Q: Can our off-duty deputies issue CTW, CT charges and other violations’ e.g., reckless driving, exhibition of speed, etc. in their POV? A: Yes, as long as they are a witness to a CT violation. Motor vehicle violations generally require the deputy to call dispatch with the plate number to get assistance if the POV does not voluntarily stop.
Q: What if an ATV, vehicle or person runs when confronted by one of our off-duty deputies? A: The deputy may not pursue another POV but act as previously stated by calling dispatch for assistance. The deputy may pursue a suspect on foot.
Q: Why doesn't Montgomery County make statistics more freely available on paper and/or online? A: Answered by Lt. Scott Spencer, Administrative Services Division, MCSO: Our policy is to allow our employees to include these stats in their verbal reports to the communities to help generate a plan to reduce crime and fear of crime in that area. We do not allow those stats to be provided in written format as policy requires all information to be vetted and released through proper channels. This is because some of the information our employees have is deemed sensitive and not available for release by policy and in some cases by law.
Q: Can you give me an estimate of the cost for marked cars? A: The initial setup fee is about $141,400.00. This includes the vehicle, vehicle outfitting, etc. and the deputy’s first year salary. The rate thereafter is about $85,000.00 per year and there is generally a five year minimum contract required. Fuel, insurances, etc. are included with these rates. Note that this cost is for one deputy at 40 hours per week and the deputy takes vacation, holidays and sick time per the department’s policy.
Q: Would another deputy cover for the deputy assigned to us when he takes vacation, holidays and sick time? A: No. Time off is factored into the rate.
Q: If the assigned deputy makes an arrest does he transport the suspect or call another car and is this time included in the 40 hours per week or separate if he is required to make the transport? A: The deputy must perform transport as he is the arresting officer. He will have to transport the suspect to the Conroe jail, process the suspect and complete all applicable paperwork. This is part of the 40 hour work week and not in addition to it. On that subject, any paperwork that is required for the deputy to complete is part of the 40 hour work week.
2. Additional FAQ’s
Q. What can the POA do about trespassers in PCP/PCE? A. The POA has no authority in this area. For PCP: Please call the Montgomery County Sheriff's Office Non Emergency Number 936760-5800. For PCE: Please call San Jacinto County Sheriff's Department Non Emergency Number at (936) 653-4367. The volume of calls received directly affects the number of times marked vehicles will randomly patrol our neighborhoods so this action is strongly encouraged. Also, please notify the POA Subdivision Security Coordinator at 281-761-7615 extension 702. If you have an emergency call 911.
Q. Why don’t the police enforce deed restrictions? A. The police have no authority to enforce deed restrictions as they are a civil matter.
Q. What can the POA do about stray dogs in the neighborhood? A. The POA has no authority in this area. Note that County leash laws apply. For PCP: Please call the Montgomery County Animal Control Authority Dispatch: 936-4427738 (Press 2) For PCE: Please call San Jacinto County Animal Control: (936) 628-1439 Note that for loose horses and cows please call your county non-emergency number. Be advised, if the animal is chipped, the "dogcatcher" will return it home and have a conversation with the owner. If chipped, they are generally NOT brought to the pound.
Q. Why don’t we gate the PCP subdivision? A. Montgomery County now performs maintenance of the roads, drainage, street signs, etc. for the subdivision. As such, gating of the community is not allowed by the County. If we were to make the subdivision private then these expenses plus the costs of the gates and gate maintenance would be paid by a new road maintenance fund in addition to current annual POA dues.
Q. What can the POA do about poor mail service? A. The POA has no authority in this area. Please call Brandi Kelley (Postmaster) at 281-5923951 or email email@example.com
Q. Are the restrictions going to be updated? A. Yes. The POA Board is working on this now. Expect to receive information and a voting ballot this summer.
Q. If I’m subdividing my property do I need to replat the properties with the County? A. Yes, per Chapter 232 of the Texas Local Government Code. The rules are different between platted and non-platted neighborhoods and PCP is a platted subdivision. Note that the subdivided properties are required to meet all POA restrictions, e.g., easements, side and rear build lines and setback. Note that there is a cost associated with replatting.
Q. Can we get stickers for our vehicles so we know if a vehicle belongs to one of our PO’s? A. Yes, however, note that the same household would be assigned different numbers because all stickers have a different property number on them.