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Promissory Note - LEO Training

KS
Kimberlee Spady
Wed, Jan 27, 2021 9:56 PM

One of the police chiefs with whom I work would like to require new officers
sign a promissory note before they are hired that obligates the officer to
repay training expenses incurred by the municipality.  He is proposing a
note similar to the one CLEET requires.  He’s talked with some other chiefs
who do this.

Do any of your municipalities have such a requirement?  I have looked at the
CLEET provisions and don’t see anything that would prevent a municipality
from imposing a similar requirement unless 70 O.S. § 3311(N) is considered
the municipality’s exclusive remedy in the event an officer leaves.  (I
don’t see any decisions or AG opinions addressing that question)

Thanks for any input.

Kim Spady

One of the police chiefs with whom I work would like to require new officers sign a promissory note before they are hired that obligates the officer to repay training expenses incurred by the municipality. He is proposing a note similar to the one CLEET requires. He’s talked with some other chiefs who do this. Do any of your municipalities have such a requirement? I have looked at the CLEET provisions and don’t see anything that would prevent a municipality from imposing a similar requirement unless 70 O.S. § 3311(N) is considered the municipality’s exclusive remedy in the event an officer leaves. (I don’t see any decisions or AG opinions addressing that question) Thanks for any input. Kim Spady
JM
Jon Miller
Thu, Jan 28, 2021 3:41 AM

I would consider that might be something that requires negotiation in a CBA, it is not already addressed.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama oama-bounces@lists.imla.org On Behalf Of Kimberlee Spady
Sent: Wednesday, January 27, 2021 3:57 PM
To: oama@lists.imla.org
Subject: [Oama] Promissory Note - LEO Training

One of the police chiefs with whom I work would like to require new officers sign a promissory note before they are hired that obligates the officer to repay training expenses incurred by the municipality.  He is proposing a note similar to the one CLEET requires.  He's talked with some other chiefs who do this.

Do any of your municipalities have such a requirement?  I have looked at the CLEET provisions and don't see anything that would prevent a municipality from imposing a similar requirement unless 70 O.S. § 3311(N) is considered the municipality's exclusive remedy in the event an officer leaves.  (I don't see any decisions or AG opinions addressing that question)

Thanks for any input.
Kim Spady

I would consider that might be something that requires negotiation in a CBA, it is not already addressed. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady Sent: Wednesday, January 27, 2021 3:57 PM To: oama@lists.imla.org Subject: [Oama] Promissory Note - LEO Training One of the police chiefs with whom I work would like to require new officers sign a promissory note before they are hired that obligates the officer to repay training expenses incurred by the municipality. He is proposing a note similar to the one CLEET requires. He's talked with some other chiefs who do this. Do any of your municipalities have such a requirement? I have looked at the CLEET provisions and don't see anything that would prevent a municipality from imposing a similar requirement unless 70 O.S. § 3311(N) is considered the municipality's exclusive remedy in the event an officer leaves. (I don't see any decisions or AG opinions addressing that question) Thanks for any input. Kim Spady
SP
Suzanne Paulson
Thu, Jan 28, 2021 2:15 PM

Good point Jonathan.  Not sure how you envision this to work but typically this is a part of the pre-employment agreement so presumably if they can't sign the promissory note then they don't meet the conditions to be employed.  Also, CBA's don't typically cover probationary employees so you would not have to negotiate something like this, in my opinion.  But, every CBA is different so you definitely need to check that first.

Suzie

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Suzanne D. Paulson
General Counsel
spaulson@omag.orgmailto:spaulson@omag.org

[OMAG-Logo]
3650 S. Boulevard
Edmond, OK  73013
Phone: 405.657.1444
Fax: 405.657.1401
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From: Oama oama-bounces@lists.imla.org On Behalf Of Jon Miller
Sent: Wednesday, January 27, 2021 9:41 PM
To: Kimberlee Spady Kim@spadylaw.com; oama@lists.imla.org
Subject: Re: [Oama] Promissory Note - LEO Training

I would consider that might be something that requires negotiation in a CBA, it is not already addressed.

Jonathan E. Miller
City Attorney
City of Mustang
1885 Piedmont Road N., Suite B
P.O. Box 546
Piedmont, Oklahoma  73078
Telephone: (405) 883-6266
Facsimile: (405) 883-6155


This message is sent by a lawyer and may contain information that is privileged or confidential.  If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments.  This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender.  Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein.

From: Oama <oama-bounces@lists.imla.orgmailto:oama-bounces@lists.imla.org> On Behalf Of Kimberlee Spady
Sent: Wednesday, January 27, 2021 3:57 PM
To: oama@lists.imla.orgmailto:oama@lists.imla.org
Subject: [Oama] Promissory Note - LEO Training

One of the police chiefs with whom I work would like to require new officers sign a promissory note before they are hired that obligates the officer to repay training expenses incurred by the municipality.  He is proposing a note similar to the one CLEET requires.  He's talked with some other chiefs who do this.

Do any of your municipalities have such a requirement?  I have looked at the CLEET provisions and don't see anything that would prevent a municipality from imposing a similar requirement unless 70 O.S. § 3311(N) is considered the municipality's exclusive remedy in the event an officer leaves.  (I don't see any decisions or AG opinions addressing that question)

Thanks for any input.
Kim Spady

Good point Jonathan. Not sure how you envision this to work but typically this is a part of the pre-employment agreement so presumably if they can't sign the promissory note then they don't meet the conditions to be employed. Also, CBA's don't typically cover probationary employees so you would not have to negotiate something like this, in my opinion. But, every CBA is different so you definitely need to check that first. Suzie OMAG's COVID-19 Info Page: https://www.omag.org/covid19-faq Suzanne D. Paulson General Counsel spaulson@omag.org<mailto:spaulson@omag.org> [OMAG-Logo] 3650 S. Boulevard Edmond, OK 73013 Phone: 405.657.1444 Fax: 405.657.1401 OMAG Web Site<http://www.omag.org/> Follow us on: [https://www.omag.org/portals/0/facebook.png]<https://www.facebook.com/pages/Oklahoma-Municipal-Assurance-Group/217733311740931?ref=stream> [https://www.omag.org/portals/0/twitter.png] <https://twitter.com/omag1977> [https://www.omag.org/portals/0/linkedin.png] <http://www.linkedin.com/company/oklahoma-municipal-assurance-group> From: Oama <oama-bounces@lists.imla.org> On Behalf Of Jon Miller Sent: Wednesday, January 27, 2021 9:41 PM To: Kimberlee Spady <Kim@spadylaw.com>; oama@lists.imla.org Subject: Re: [Oama] Promissory Note - LEO Training I would consider that might be something that requires negotiation in a CBA, it is not already addressed. Jonathan E. Miller City Attorney City of Mustang 1885 Piedmont Road N., Suite B P.O. Box 546 Piedmont, Oklahoma 73078 Telephone: (405) 883-6266 Facsimile: (405) 883-6155 ******************************************************************************* This message is sent by a lawyer and may contain information that is privileged or confidential. If you received this transmission in error, please notify the sender by reply e-mail and delete this message and any attachments. This e-mail is intended for the addressee(s) only, and may not be distributed to any other person without written consent of the sender. Circular 230 disclosure: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. federal tax advice contained in this communication (including attachments) is not intended or written to be used and cannot be used for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed herein. From: Oama <oama-bounces@lists.imla.org<mailto:oama-bounces@lists.imla.org>> On Behalf Of Kimberlee Spady Sent: Wednesday, January 27, 2021 3:57 PM To: oama@lists.imla.org<mailto:oama@lists.imla.org> Subject: [Oama] Promissory Note - LEO Training One of the police chiefs with whom I work would like to require new officers sign a promissory note before they are hired that obligates the officer to repay training expenses incurred by the municipality. He is proposing a note similar to the one CLEET requires. He's talked with some other chiefs who do this. Do any of your municipalities have such a requirement? I have looked at the CLEET provisions and don't see anything that would prevent a municipality from imposing a similar requirement unless 70 O.S. § 3311(N) is considered the municipality's exclusive remedy in the event an officer leaves. (I don't see any decisions or AG opinions addressing that question) Thanks for any input. Kim Spady