Re: [Oama] conflict of interest question
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From: Kimberlee Spady
Sent: Wednesday, March 11, 2020 10:54 AM
To: OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
Shouldn’t every action of the Board of Trustees that concerns the PD be taken in the best interests of the PD?
I don’t see how there is a conflict, as long as the issue doesn’t benefit or involve the individual reserve officer/trustee.
We often have trustees/councilmembers who serve as volunteer firefighters. I’ve advised that there is no need to abstain from voting on matters that concern the volunteer fire department.
I am interested to hear others’ thoughts on this point.
Kim Spady
From: Oama <oama-bounces@lists.imla.org> On Behalf Of Toni Capra
Sent: Wednesday, March 11, 2020 10:47 AM
To: Michael R. Vanderburg <mike.vanderburg@sbcglobal.net>; Kay Wall <lkrw@sbcglobal.net>; OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
I agree with Mr. Vanderberg, however, In my mind this creates an additional issue: If BoT/Reserve officer remains on the board and there are issues pertaining to the Police Department which come before the board, can he still vote on those issues. Does he benefit? IMO, I would advise the Trustee to abstain from voting on those issues.
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From: Michael R. Vanderburg
Sent: Tuesday, March 10, 2020 9:40 PM
To: Kay Wall; OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
This would be considered dual office holding if the Trustee were an officer for any entity other than his/her own town. However, and as a general rule, if the Trustee is not being paid for the second work for the same town, there is no prohibition that I know of which prevents a trustee from being given additional duties, even that of a reserve police officer (assuming that the needed training is in place.)
Just remember, that any reserve officer can generate the same liability for the town as any other police officer and that this liability under federal law can be personal to the officer and not just general to the town. In fact, under 1983 litigation, the federal and personal liability can include punitives which the town is prohibited from indemnifying.
Mike Vanderburg
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From: Kay Wall
Sent: Monday, March 9, 2020 2:07 PM
To: OAMA@lists.imla.org
Subject: [Oama] conflict of interest question
Fellow attorneys:
One of my smallest towns has a five-member Town Trustee Board of Government. This Board votes on any and all issues to govern the police chief and the police department.
I have learned that one of the Town Trustees has volunteered to be a reserve police officer (no pay), and is driving (alone) in a police car, wearing a reserve officer badge.
“On patrol”, I would guess.
I have also learned that the Police Chief has scheduled him to attend classes for reserve officers.
In my opinion, this is a great conflict. If I am wrong, it will be a relief, because I will not have to disappoint the police chief and the town trustee, with my advice.
I have asked OMAG, our insurance carrier, for an opinion. Just wondering what some of you think about this situation.
Thoughts?
Kay Wall
918.689.7737 office
Well, a trustee can’t be paid, other than the amount set by ordinance to be paid to trustees.
I don’t think a budget increase to the PD to equip reserve officers in general would be an issue.
I do agree that there is real potential for conflict. I would want to be certain the PD has a reserve program in place, that the trustee qualifies to serve as a reserve, and that expenditures and use of reserves is consistent with policies and historical procedures. I can imagine a situation where the trustee acting as a reserve officer is basically the trustee taking advantage of his/her position to play cop – and a police chief who serves at the pleasure of the trustees may not feel free to deny the request.
On the pay issue – I’ve been concerned about that with trustees who serve as volunteer firefighters and receive “run money.” Several years ago, I suggested that it would be best practice for the trustee/ff to refuse the run money. You would have thought I suggested the volunteer firefighters be forced to walk through a raging inferno unprotected. The suggestion was not well-received. So I’ve consistently advised that run money must remain at a level that can be justified as a reimbursement for out-of-pocket costs to the volunteer firefighter. That’s sometimes difficult to sell because these are small areas – it’s not like the few blocks’ drive to the station is going to merit a large mileage check – and these guys are so highly revered and appreciated (rightfully so).
Kim
From: Toni Capra capralawfirm@gmail.com
Sent: Wednesday, March 11, 2020 10:57 AM
To: Kimberlee Spady Kim@spadylaw.com; OAMA@lists.imla.org
Subject: RE: Re: [Oama] conflict of interest question
That was my question? Hypothetical: If PD wants/needs new car and the Reserve is benefitting from it by driving the new car . Or if they wanted a budget increase so he could begin being paid?
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From: Kimberlee Spady mailto:Kim@spadylaw.com
Sent: Wednesday, March 11, 2020 10:54 AM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
Shouldn’t every action of the Board of Trustees that concerns the PD be taken in the best interests of the PD?
I don’t see how there is a conflict, as long as the issue doesn’t benefit or involve the individual reserve officer/trustee.
We often have trustees/councilmembers who serve as volunteer firefighters. I’ve advised that there is no need to abstain from voting on matters that concern the volunteer fire department.
I am interested to hear others’ thoughts on this point.
Kim Spady
From: Oama <oama-bounces@lists.imla.org mailto:oama-bounces@lists.imla.org > On Behalf Of Toni Capra
Sent: Wednesday, March 11, 2020 10:47 AM
To: Michael R. Vanderburg <mike.vanderburg@sbcglobal.net mailto:mike.vanderburg@sbcglobal.net >; Kay Wall <lkrw@sbcglobal.net mailto:lkrw@sbcglobal.net >; OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
I agree with Mr. Vanderberg, however, In my mind this creates an additional issue: If BoT/Reserve officer remains on the board and there are issues pertaining to the Police Department which come before the board, can he still vote on those issues. Does he benefit? IMO, I would advise the Trustee to abstain from voting on those issues.
Sent from Mail https://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10
From: Michael R. Vanderburg mailto:mike.vanderburg@sbcglobal.net
Sent: Tuesday, March 10, 2020 9:40 PM
To: Kay Wall mailto:lkrw@sbcglobal.net ; OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: Re: [Oama] conflict of interest question
This would be considered dual office holding if the Trustee were an officer for any entity other than his/her own town. However, and as a general rule, if the Trustee is not being paid for the second work for the same town, there is no prohibition that I know of which prevents a trustee from being given additional duties, even that of a reserve police officer (assuming that the needed training is in place.)
Just remember, that any reserve officer can generate the same liability for the town as any other police officer and that this liability under federal law can be personal to the officer and not just general to the town. In fact, under 1983 litigation, the federal and personal liability can include punitives which the town is prohibited from indemnifying.
Mike Vanderburg
Sent from Mail https://go.microsoft.com/fwlink/?LinkId=550986 for Windows 10
From: Kay Wall mailto:lkrw@sbcglobal.net
Sent: Monday, March 9, 2020 2:07 PM
To: OAMA@lists.imla.org mailto:OAMA@lists.imla.org
Subject: [Oama] conflict of interest question
Fellow attorneys:
One of my smallest towns has a five-member Town Trustee Board of Government. This Board votes on any and all issues to govern the police chief and the police department.
I have learned that one of the Town Trustees has volunteered to be a reserve police officer (no pay), and is driving (alone) in a police car, wearing a reserve officer badge.
“On patrol”, I would guess.
I have also learned that the Police Chief has scheduled him to attend classes for reserve officers.
In my opinion, this is a great conflict. If I am wrong, it will be a relief, because I will not have to disappoint the police chief and the town trustee, with my advice.
I have asked OMAG, our insurance carrier, for an opinion. Just wondering what some of you think about this situation.
Thoughts?
Kay Wall
918.689.7737 office