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Trooper Sakarapanee Cleared to Return to Work

Attorney General's Official Opinion

April 20, 2005

 

Nashville, Tennessee --- The State Attorney General has ruled that a Trooper placed on leave over questions about his citizenship may return to work on Thursday, April 21st. Trooper Steve Sakarapanee has been on administrative leave with pay since April 11th, after an unknown individual contacted several media outlets and told reporters that Sakarapanee is not a U. S. citizen.

The Tennessee Department of Safety immediately launched an internal investigation into the reports and asked the Attorney General for advice on the issue. The investigation established that Sakarapanee, who has lived in Nashville since he was an infant, does not hold U. S. citizenship. His actual status is lawful permanent resident. Sakarapanee has served as a State Trooper since 1998, and has consistently received high marks for job performance.

Commissioner Fred Phillips says, "Once we established the Trooper's lack of citizenship, it became clear that the issue of his employment involved complex legal issues. For this reason, we asked the state's highest legal authority, the Attorney General, to weigh all those issues and advise us on how to proceed." Specifically, the Attorney General was asked:

  1. May the Department of Safety Highway Patrol, a law enforcement agency, currently hire a person who is not a United States citizen as a Trooper? Could the Department legally have done so in 1998?
  2. May the Department of Safety Highway Patrol, a law enforcement agency, currently hire a person who is a lawful, permanent resident of the United States as a Trooper? Could the Department legally have done so in 1998?

In issuing the opinion, the Attorney General upheld the legality of hiring a lawful permanent resident as a Trooper. The document notes that the hiring was also legal in 1998. A complete copy of the ruling is attached to this e-mail.

"This is a highly professional force, and we take any challenge to the credentials of our people seriously," says Colonel Lynn Pitts, Commander of the Tennessee Highway Patrol. "We're glad to learn that we are in compliance with the law on this issue, and that Trooper Sakarapanee can return to work."

The Tennessee Department of Safety's mission is (www.tennessee.gov/safety) to ensure the safety and general welfare of the public. The department encompasses the Tennessee Highway Patrol, Office of Homeland Security and Driver License Services. General areas of responsibility include law enforcement, safety education, motorist services and terrorism prevention.

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