Empathy List Archives

KD

Kevin Dodson

Wed, Feb 12, 2020 8:53 PM

Is it appropriate for the police department of Town to sell and the Fire
Department of Town to purchase the same vehicle? In other words Fire
department will pay money and Police department will receive money and that
money will be placed in the general fund police will give vehicle to fire
department.

Does it make a difference if the funds the Fire Department uses comes from
the funds they receive from the County fire Tax?

Both police and fire are departments of the town Fire department is a Title
11 department.

Town board of trustees form of government.

--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600 <(918)%20824-3600>
Fax: 918-824-3601 <(918)%20824-3601>
E-Mail: kevinatdodsonlawoffice@gmail.com

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Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department. Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax? Both police and fire are departments of the town Fire department is a Title 11 department. Town board of trustees form of government. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600 <(918)%20824-3600> Fax: 918-824-3601 <(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600 <(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

MR

Michael R. Vanderburg

Thu, Feb 13, 2020 3:26 PM

The only problem I see, is if the vehicle was purchased with bond funds and the election limited the use to police. Even then, if you get fair market value in the transfer, and the money the police acquire is put back into the express purpose of the bonds, you are good to go.

If the purchase was from the general fund, then they are assets of the city, regardless of to whom assigned, and they can be reassigned – or repurchase it that is your desire – by the other department.

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Kevin Dodson
Sent: Wednesday, February 12, 2020 2:53 PM
To: oama@lists.imla.org
Subject: [Oama] Sale of Property from One department to another in same municipality

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department.

Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax?

Both police and fire are departments of the town Fire department is a Title 11 department.

Town board of trustees form of government.

--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600tel:(918)%20824-3600
Fax: 918-824-3601tel:(918)%20824-3601
E-Mail: kevinatdodsonlawoffice@gmail.com mailto:kevinatdodsonlawoffice@gmail.com

Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600tel:(918)%20824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

The only problem I see, is if the vehicle was purchased with bond funds and the election limited the use to police. Even then, if you get fair market value in the transfer, and the money the police acquire is put back into the express purpose of the bonds, you are good to go. If the purchase was from the general fund, then they are assets of the city, regardless of to whom assigned, and they can be reassigned – or repurchase it that is your desire – by the other department. From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Kevin Dodson Sent: Wednesday, February 12, 2020 2:53 PM To: oama@lists.imla.org Subject: [Oama] Sale of Property from One department to another in same municipality CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department. Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax? Both police and fire are departments of the town Fire department is a Title 11 department. Town board of trustees form of government. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600<tel:(918)%20824-3600> Fax: 918-824-3601<tel:(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com<mailto:kevinatdodsonlawoffice@gmail.com> Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600<tel:(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

DD

david davis

Thu, Feb 13, 2020 4:23 PM

I agree with Michael's analysis. If the county fire tax limited the expenditure of funds or disposition of property purchased with those funds then you would need to follow those restricitons.

CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message.

s/ David A. Davis
LAW OFFICE OF DAVID A. DAVIS
4312 N. Classen Blvd.
OKLAHOMA CITY, OK 73118
405 840-6353
405 557-0777 (FAX)
ddavislaw@live.com mailto:ddavislaw@live.com

From: Oama oama-bounces@lists.imla.org on behalf of Michael R. Vanderburg vandemr@poncacityok.gov
Sent: Thursday, February 13, 2020 9:26 AM
To: 'Kevin Dodson' kevinatdodsonlawoffice@gmail.com; oama@lists.imla.org oama@lists.imla.org
Subject: Re: [Oama] Sale of Property from One department to another in same municipality

The only problem I see, is if the vehicle was purchased with bond funds and the election limited the use to police. Even then, if you get fair market value in the transfer, and the money the police acquire is put back into the express purpose of the bonds, you are good to go.

If the purchase was from the general fund, then they are assets of the city, regardless of to whom assigned, and they can be reassigned – or repurchase it that is your desire – by the other department.

From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Kevin Dodson
Sent: Wednesday, February 12, 2020 2:53 PM
To: oama@lists.imla.org
Subject: [Oama] Sale of Property from One department to another in same municipality

CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe.

Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department.

Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax?

Both police and fire are departments of the town Fire department is a Title 11 department.

Town board of trustees form of government.

--

Kevin Dodson

Attorney at Law

308 A Northeast First Street

Pryor, OK 74361

918-824-3600tel:(918)%20824-3600

Fax: 918-824-3601tel:(918)%20824-3601

E-Mail: kevinatdodsonlawoffice@gmail.com mailto:kevinatdodsonlawoffice@gmail.com

Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600tel:(918)%20824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

I agree with Michael's analysis. If the county fire tax limited the expenditure of funds or disposition of property purchased with those funds then you would need to follow those restricitons. CONFIDENTIALITY NOTE: This transmission is protected by the Electronic Communications Privacy Act, 18 U.S.C. Sections 2510-2521 and intended to be delivered only to the named addressee(s) This e-mail message is intended only for the personal use of the recipient(s) named above. This message is or may be an attorney-client communication and as such privileged and confidential. If you are not an intended recipient, you may not review, copy or distribute this message. If you have received this communication in error, please notify us immediately by e-mail and delete the original message. s/ David A. Davis LAW OFFICE OF DAVID A. DAVIS 4312 N. Classen Blvd. OKLAHOMA CITY, OK 73118 405 840-6353 405 557-0777 (FAX) ddavislaw@live.com<mailto:ddavislaw@live.com> ________________________________ From: Oama <oama-bounces@lists.imla.org> on behalf of Michael R. Vanderburg <vandemr@poncacityok.gov> Sent: Thursday, February 13, 2020 9:26 AM To: 'Kevin Dodson' <kevinatdodsonlawoffice@gmail.com>; oama@lists.imla.org <oama@lists.imla.org> Subject: Re: [Oama] Sale of Property from One department to another in same municipality The only problem I see, is if the vehicle was purchased with bond funds and the election limited the use to police. Even then, if you get fair market value in the transfer, and the money the police acquire is put back into the express purpose of the bonds, you are good to go. If the purchase was from the general fund, then they are assets of the city, regardless of to whom assigned, and they can be reassigned – or repurchase it that is your desire – by the other department. From: Oama [mailto:oama-bounces@lists.imla.org] On Behalf Of Kevin Dodson Sent: Wednesday, February 12, 2020 2:53 PM To: oama@lists.imla.org Subject: [Oama] Sale of Property from One department to another in same municipality CAUTION: This email originated from outside of the organization. Do not click any links or open any attachments unless you recognize the sender and know the content is safe. Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department. Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax? Both police and fire are departments of the town Fire department is a Title 11 department. Town board of trustees form of government. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600<tel:(918)%20824-3600> Fax: 918-824-3601<tel:(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com<mailto:kevinatdodsonlawoffice@gmail.com> Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600<tel:(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

JM

Jon Miller

Thu, Feb 13, 2020 4:30 PM

If the was purchased by the City from general funds, then use of the vehicle could be transferred from one department to another without a formal “sale” and transfer of title. I am not familiar enough with the county fire tax to know whether this transaction is being cast as a purchase and sale in order to obtain tax money that the town would not otherwise be entitled to receive, or whether it is an effort to effect a transfer of fire tax money (that might be restricted) into the town’s general budget for something that has already been bought and paid for. I would want to be certain those are not issues.

Jonathan E. Miller
City Attorney
City of Mustang
P.O. Box 850854
Yukon, Oklahoma 73085
Telephone: (405) 938-9108

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.

From: Oama oama-bounces@lists.imla.org On Behalf Of Kevin Dodson
Sent: Wednesday, February 12, 2020 2:53 PM
To: oama@lists.imla.org
Subject: [Oama] Sale of Property from One department to another in same municipality

Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department.

Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax?

Both police and fire are departments of the town Fire department is a Title 11 department.

Town board of trustees form of government.

--
Kevin Dodson
Attorney at Law
308 A Northeast First Street
Pryor, OK 74361
918-824-3600tel:(918)%20824-3600
Fax: 918-824-3601tel:(918)%20824-3601
E-Mail: kevinatdodsonlawoffice@gmail.com mailto:kevinatdodsonlawoffice@gmail.com

Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600tel:(918)%20824-3600, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.

If the was purchased by the City from general funds, then use of the vehicle could be transferred from one department to another without a formal “sale” and transfer of title. I am not familiar enough with the county fire tax to know whether this transaction is being cast as a purchase and sale in order to obtain tax money that the town would not otherwise be entitled to receive, or whether it is an effort to effect a transfer of fire tax money (that might be restricted) into the town’s general budget for something that has already been bought and paid for. I would want to be certain those are not issues. Jonathan E. Miller City Attorney City of Mustang P.O. Box 850854 Yukon, Oklahoma 73085 Telephone: (405) 938-9108 ********************************************************************************************* 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. From: Oama <oama-bounces@lists.imla.org> On Behalf Of Kevin Dodson Sent: Wednesday, February 12, 2020 2:53 PM To: oama@lists.imla.org Subject: [Oama] Sale of Property from One department to another in same municipality Is it appropriate for the police department of Town to sell and the Fire Department of Town to purchase the same vehicle? In other words Fire department will pay money and Police department will receive money and that money will be placed in the general fund police will give vehicle to fire department. Does it make a difference if the funds the Fire Department uses comes from the funds they receive from the County fire Tax? Both police and fire are departments of the town Fire department is a Title 11 department. Town board of trustees form of government. -- Kevin Dodson Attorney at Law 308 A Northeast First Street Pryor, OK 74361 918-824-3600<tel:(918)%20824-3600> Fax: 918-824-3601<tel:(918)%20824-3601> E-Mail: kevinatdodsonlawoffice@gmail.com<mailto:kevinatdodsonlawoffice@gmail.com> Notice: CONFIDENTIAL AND PRIVILEGED COMMUNICATION: This e-mail transmission, and any documents, files or previous e-mail messages attached to it, may contain confidential information that is legally privileged. If you are not the intended recipient, or person responsible for delivering it to the intended recipient you are hereby notified that any disclosure, copying, distribution or use of any of the information contained in or attached to this message is STRICTLY PROHIBITED. Interception of e-mail is a crime under the Electronic Communications Privacy Act, 18 U.S.C. 2510-2521 and 2107-2709. If you have received this transmission in error, please immediately notify us by replying to this e-mail or by calling 918-824-3600<tel:(918)%20824-3600>, and destroy the original transmission and its attachments without reading them or saving them to disk. Thank you.