Cross-deputation reserve officers
Does anyone know of any reason why a tribe could not cross-commission CLEET
certified reserve officers? Any authority one way or the other would be
appreciated. Thanks!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
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There's no reason they couldn't do so. The fact that they are reserves
wouldn't matter for any reason I can think of. There was initially some
confusion in an early AG's opinion about whether cross commissioning was
lawful, but the AG cleared that up years ago. So if a full Peace Officer
can be cross commissioned, I can't think of a reason why a Reserve Peace
Officer couldn't also be cross commissioned.
On Tue, Jul 18, 2023 at 2:57 PM Phillip Morton via Oama oama@lists.imla.org
wrote:
Does anyone know of any reason why a tribe could not cross-commission
CLEET certified reserve officers? Any authority one way or the other would
be appreciated. Thanks!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
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information contained in or attached to this message is STRICTLY PROHIBITED
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It’s my understanding that some tribes (Chickasaw Nation for one) require SLEC training through the BIA in order to be cross-commissioned. But BIA doesn’t offer that training for reserve officers—you have to have a full commission.
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
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From: Matt Love via Oama oama@lists.imla.org
Sent: Tuesday, July 18, 2023 3:01 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Cross-deputation reserve officers
[EXTERNAL EMAIL]
There's no reason they couldn't do so. The fact that they are reserves wouldn't matter for any reason I can think of. There was initially some confusion in an early AG's opinion about whether cross commissioning was lawful, but the AG cleared that up years ago. So if a full Peace Officer can be cross commissioned, I can't think of a reason why a Reserve Peace Officer couldn't also be cross commissioned.
On Tue, Jul 18, 2023 at 2:57 PM Phillip Morton via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
Does anyone know of any reason why a tribe could not cross-commission CLEET certified reserve officers? Any authority one way or the other would be appreciated. Thanks!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
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That very well could be the case. For those not familiar with the SLEC,
it's a Federal Commission (Special Law Enforcement Commission) that the BIA
can issue to State, local and Tribal Officers that essentially give the
Officers jurisdiction to investigate Federal crimes. So while an SLEC would
not be needed to get a Tribal commission (since each Tribe can
establish their own requirements), I could see that some of the Tribes
might want to ensure that they only issue a Tribal commission to someone
who has gone through the training and been given a Federal commission.
On Tue, Jul 18, 2023 at 3:04 PM Wil Crawford wil@iaelaw.com wrote:
It’s my understanding that some tribes (Chickasaw Nation for one) require
SLEC training through the BIA in order to be cross-commissioned. But BIA
doesn’t offer that training for reserve officers—you have to have a full
commission.
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
(580) 453-7051
(918) 948-6190 (fax)
NOTICE: This E-mail (including attachments) is covered by the Electronic
Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential
and may be legally privileged. If you are not the intended recipient, you
are hereby notified that any retention, dissemination, distribution, or
copying of this communication is strictly prohibited. Please reply to the
sender that you have received the message in error, then delete it.
From: Matt Love via Oama oama@lists.imla.org
Sent: Tuesday, July 18, 2023 3:01 PM
To: Phillip Morton mortonlawoffice@gmail.com
Cc: OAMA luistserv oama@lists.imla.org
Subject: [Oama] Re: Cross-deputation reserve officers
[EXTERNAL EMAIL]
There's no reason they couldn't do so. The fact that they are reserves
wouldn't matter for any reason I can think of. There was initially some
confusion in an early AG's opinion about whether cross commissioning was
lawful, but the AG cleared that up years ago. So if a full Peace Officer
can be cross commissioned, I can't think of a reason why a Reserve Peace
Officer couldn't also be cross commissioned.
On Tue, Jul 18, 2023 at 2:57 PM Phillip Morton via Oama <
oama@lists.imla.org> wrote:
Does anyone know of any reason why a tribe could not cross-commission
CLEET certified reserve officers? Any authority one way or the other would
be appreciated. Thanks!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail
transmission, as well as any attachments, may contain confidential
information that is legally privileged. If you are not the intended
recipient, any disclosure, copying, distribution, or use of any of the
information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
notify us by replying to this email or by calling 580-759-0049.
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You have to look at the agreement between the tribe, and the entity they’re commissioning. Each tribe has a different MOU, and some of them say that only full-time employees can be commissioned. That could exclude reserves because they’re not employees and they’re not full-time. Other MOU’s just say any Officer so part time or reserve wouldn’t be excluded.
Sent from my iPhone
On Jul 18, 2023, at 3:08 PM, Matt Love via Oama oama@lists.imla.org wrote:
That very well could be the case. For those not familiar with the SLEC, it's a Federal Commission (Special Law Enforcement Commission) that the BIA can issue to State, local and Tribal Officers that essentially give the Officers jurisdiction to investigate Federal crimes. So while an SLEC would not be needed to get a Tribal commission (since each Tribe can establish their own requirements), I could see that some of the Tribes might want to ensure that they only issue a Tribal commission to someone who has gone through the training and been given a Federal commission.
On Tue, Jul 18, 2023 at 3:04 PM Wil Crawford <wil@iaelaw.commailto:wil@iaelaw.com> wrote:
It’s my understanding that some tribes (Chickasaw Nation for one) require SLEC training through the BIA in order to be cross-commissioned. But BIA doesn’t offer that training for reserve officers—you have to have a full commission.
Wil M. Crawford
Indian & Environmental Law Group, PLLC
117 S. Ash Street
Ada, OK 74820
Wil@iaelaw.commailto:Wil@iaelaw.com
(580) 453-7051
(918) 948-6190 (fax)
<image001.png>
NOTICE: This E-mail (including attachments) is covered by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521, is confidential and may be legally privileged. If you are not the intended recipient, you are hereby notified that any retention, dissemination, distribution, or copying of this communication is strictly prohibited. Please reply to the sender that you have received the message in error, then delete it.
From: Matt Love via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org>
Sent: Tuesday, July 18, 2023 3:01 PM
To: Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com>
Cc: OAMA luistserv <oama@lists.imla.orgmailto:oama@lists.imla.org>
Subject: [Oama] Re: Cross-deputation reserve officers
[EXTERNAL EMAIL]
There's no reason they couldn't do so. The fact that they are reserves wouldn't matter for any reason I can think of. There was initially some confusion in an early AG's opinion about whether cross commissioning was lawful, but the AG cleared that up years ago. So if a full Peace Officer can be cross commissioned, I can't think of a reason why a Reserve Peace Officer couldn't also be cross commissioned.
On Tue, Jul 18, 2023 at 2:57 PM Phillip Morton via Oama <oama@lists.imla.orgmailto:oama@lists.imla.org> wrote:
Does anyone know of any reason why a tribe could not cross-commission CLEET certified reserve officers? Any authority one way or the other would be appreciated. Thanks!
Phillip N. Morton, J.D.
P.O. Box 1886
Ada, OK 74820
Phone: 580-759-0049
Fax: 580-759-2177
Email: MortonLawOffice@gmail.commailto:MortonLawOffice@gmail.com
CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This electronic mail transmission, as well as any attachments, may contain confidential information that is legally privileged. If you are not the intended recipient, any disclosure, copying, distribution, or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED by law. If you have received this message in error, please immediately notify us by replying to this email or by calling 580-759-0049.
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