CLEET reserve commission question
Mayor is asking if the school resource officer can be put under the
municipality for his reserve CLEET commission. He would still remain
employed with the school district and there are no plans for him to do work
for the municipality. I would think this might fall in the realm of an
impermissible gift, among other things. But my concern is that the Mayor
tells me that she was informed that the city has done this in the past. I'm
thinking this a no-no, but I want to pose the question to minds greater
than my own in case I'm missing something.
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
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information contained in or attached to this message is STRICTLY PROHIBITED
by law. If you have received this message in error, please immediately
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70 O.S. 3311(E) refers to a Law Enforcement Agency employing a reserve
peace officer. 3311(G)(3) defines employing agency as one might expect - as
a LEA that has "employed" a person. 11 O.S. 34-101(B) authorizes the
appointment of Municipal reserves, and speaks in terms of the person
performing duties for the City/Town.
Perhaps what has happened in the past is that the SRO employed by the
school was also a reserve with the City. The reserve commission would
allow them to do certain things, but when they are working for a school
they would be "off duty" so to speak with the City as a reserve. Meaning
they shouldn't be exercising any powers associated with their reserve
commission. It'd be like a FT cop working security off duty.
Critically, if the SRO seeks to enforce the law as an Officer, they would
be invoking the City's authority to do so and would create liability for
the City. That could lead to uncomfortable conversations, like whether they
were acting within the scope of their duties with the City. Which likely
leads to a question of whether they have ever actually done any "work" as a
reserve for the City.
Those are my 2 cents. Bad idea in my opinion.
Matt
On Tue, Aug 30, 2022 at 1:47 PM Phillip Morton mortonlawoffice@gmail.com
wrote:
Mayor is asking if the school resource officer can be put under the
municipality for his reserve CLEET commission. He would still remain
employed with the school district and there are no plans for him to do work
for the municipality. I would think this might fall in the realm of an
impermissible gift, among other things. But my concern is that the Mayor
tells me that she was informed that the city has done this in the past. I'm
thinking this a no-no, but I want to pose the question to minds greater
than my own in case I'm missing something.
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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I have a small town that has hired an officer, put him at the school during school time as a SRO, but he works in the summer for the town as an officer (and some weekends and holidays as well I think). The Town and school split his wages based on where he is working.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.comhttp://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Matt Love matt.love@gmail.com
Sent: Tuesday, August 30, 2022 2:07:45 PM
To: Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
70 O.S. 3311(E) refers to a Law Enforcement Agency employing a reserve peace officer. 3311(G)(3) defines employing agency as one might expect - as a LEA that has "employed" a person. 11 O.S. 34-101(B) authorizes the appointment of Municipal reserves, and speaks in terms of the person performing duties for the City/Town.
Perhaps what has happened in the past is that the SRO employed by the school was also a reserve with the City. The reserve commission would allow them to do certain things, but when they are working for a school they would be "off duty" so to speak with the City as a reserve. Meaning they shouldn't be exercising any powers associated with their reserve commission. It'd be like a FT cop working security off duty.
Critically, if the SRO seeks to enforce the law as an Officer, they would be invoking the City's authority to do so and would create liability for the City. That could lead to uncomfortable conversations, like whether they were acting within the scope of their duties with the City. Which likely leads to a question of whether they have ever actually done any "work" as a reserve for the City.
Those are my 2 cents. Bad idea in my opinion.
Matt
On Tue, Aug 30, 2022 at 1:47 PM Phillip Morton <mortonlawoffice@gmail.commailto:mortonlawoffice@gmail.com> wrote:
Mayor is asking if the school resource officer can be put under the municipality for his reserve CLEET commission. He would still remain employed with the school district and there are no plans for him to do work for the municipality. I would think this might fall in the realm of an impermissible gift, among other things. But my concern is that the Mayor tells me that she was informed that the city has done this in the past. I'm thinking this a no-no, but I want to pose the question to minds greater than my own in case I'm missing something.
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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What if he was employed by the Town with a contract between Town and Scool?
Ray
From: Larry Vickers
Sent: Tuesday, August 30, 2022 2:12 PM
To: Matt Love ; Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
I have a small town that has hired an officer, put him at the school during school time as a SRO, but he works in the summer for the town as an officer (and some weekends and holidays as well I think). The Town and school split his wages based on where he is working.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Matt Love matt.love@gmail.com
Sent: Tuesday, August 30, 2022 2:07:45 PM
To: Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
70 O.S. 3311(E) refers to a Law Enforcement Agency employing a reserve peace officer. 3311(G)(3) defines employing agency as one might expect - as a LEA that has "employed" a person. 11 O.S. 34-101(B) authorizes the appointment of Municipal reserves, and speaks in terms of the person performing duties for the City/Town.
Perhaps what has happened in the past is that the SRO employed by the school was also a reserve with the City. The reserve commission would allow them to do certain things, but when they are working for a school they would be "off duty" so to speak with the City as a reserve. Meaning they shouldn't be exercising any powers associated with their reserve commission. It'd be like a FT cop working security off duty.
Critically, if the SRO seeks to enforce the law as an Officer, they would be invoking the City's authority to do so and would create liability for the City. That could lead to uncomfortable conversations, like whether they were acting within the scope of their duties with the City. Which likely leads to a question of whether they have ever actually done any "work" as a reserve for the City.
Those are my 2 cents. Bad idea in my opinion.
Matt
On Tue, Aug 30, 2022 at 1:47 PM Phillip Morton mortonlawoffice@gmail.com wrote:
Mayor is asking if the school resource officer can be put under the municipality for his reserve CLEET commission. He would still remain employed with the school district and there are no plans for him to do work for the municipality. I would think this might fall in the realm of an impermissible gift, among other things. But my concern is that the Mayor tells me that she was informed that the city has done this in the past. I'm thinking this a no-no, but I want to pose the question to minds greater than my own in case I'm missing something.
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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I see no problem with the person being employed by the Town, spending the
better part of the school year in the School on behalf of the City and
then on patrol during the summer. That arrangement is one where the person
is clearly employed by the City, on special assignment to the school, with
the school reimbursing the City for part of the cost of the employee.
That's a marked difference from a person being employed by the School but
wanting to have a City reserve commission that they would effectively be
utilizing while working for the school (likely so they can carry a gun in
the school).
On Tue, Aug 30, 2022 at 2:23 PM rayvincent@coxinet.net wrote:
What if he was employed by the Town with a contract between Town and Scool?
Ray
From: Larry Vickers
Sent: Tuesday, August 30, 2022 2:12 PM
To: Matt Love ; Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
I have a small town that has hired an officer, put him at the school
during school time as a SRO, but he works in the summer for the town as an
officer (and some weekends and holidays as well I think). The Town and
school split his wages based on where he is working.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
*Muskogee, Oklahoma 74401 *
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
http://www.lvickerslaw.com http://www.lvickerslaw.com/
E-mails from this firm normally contain confidential and privileged
material, and are for the sole use of the intended recipient. Use or
distribution by an unintended recipient is prohibited, and may be a
violation of law. If you believe that you received this e-mail in error,
please do not read this e-mail or any attached items. Please delete the
e-mail and all attachments, including any copies thereof, and inform the
sender that you have deleted the e-mail, all attachments and any copies
thereof. Thank you.
From: Matt Love matt.love@gmail.com
Sent: Tuesday, August 30, 2022 2:07:45 PM
To: Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
70 O.S. 3311(E) refers to a Law Enforcement Agency employing a reserve
peace officer. 3311(G)(3) defines employing agency as one might expect - as
a LEA that has "employed" a person. 11 O.S. 34-101(B) authorizes the
appointment of Municipal reserves, and speaks in terms of the person
performing duties for the City/Town.
Perhaps what has happened in the past is that the SRO employed by the
school was also a reserve with the City. The reserve commission would
allow them to do certain things, but when they are working for a school
they would be "off duty" so to speak with the City as a reserve. Meaning
they shouldn't be exercising any powers associated with their reserve
commission. It'd be like a FT cop working security off duty.
Critically, if the SRO seeks to enforce the law as an Officer, they would
be invoking the City's authority to do so and would create liability for
the City. That could lead to uncomfortable conversations, like whether they
were acting within the scope of their duties with the City. Which
likely leads to a question of whether they have ever actually done any
"work" as a reserve for the City.
Those are my 2 cents. Bad idea in my opinion.
Matt
On Tue, Aug 30, 2022 at 1:47 PM Phillip Morton mortonlawoffice@gmail.com
wrote:
Mayor is asking if the school resource officer can be put under the
municipality for his reserve CLEET commission. He would still remain
employed with the school district and there are no plans for him to do work
for the municipality. I would think this might fall in the realm of an
impermissible gift, among other things. But my concern is that the Mayor
tells me that she was informed that the city has done this in the past. I'm
thinking this a no-no, but I want to pose the question to minds greater
than my own in case I'm missing something.
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.
Oama mailing list -- oama@lists.imla.org
To unsubscribe send an email to oama-leave@lists.imla.org
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Matt
You certainly articulated it better than me.
Ray
From: Matt Love
Sent: Tuesday, August 30, 2022 3:09 PM
To: rayvincent@coxinet.net
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
I see no problem with the person being employed by the Town, spending the better part of the school year in the School on behalf of the City and then on patrol during the summer. That arrangement is one where the person is clearly employed by the City, on special assignment to the school, with the school reimbursing the City for part of the cost of the employee. That's a marked difference from a person being employed by the School but wanting to have a City reserve commission that they would effectively be utilizing while working for the school (likely so they can carry a gun in the school).
On Tue, Aug 30, 2022 at 2:23 PM rayvincent@coxinet.net wrote:
What if he was employed by the Town with a contract between Town and Scool?
Ray
From: Larry Vickers
Sent: Tuesday, August 30, 2022 2:12 PM
To: Matt Love ; Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
I have a small town that has hired an officer, put him at the school during school time as a SRO, but he works in the summer for the town as an officer (and some weekends and holidays as well I think). The Town and school split his wages based on where he is working.
Larry Vickers, Jr.
Attorney At Law, P.L.L.C.
600 Emporia Street, Suite B
Muskogee, Oklahoma 74401
Phone: 918-682-5900
&
303 South Thornton
Vian, Oklahoma 74962
Phone: 918-773-4004
E-mails from this firm normally contain confidential and privileged material, and are for the sole use of the intended recipient. Use or distribution by an unintended recipient is prohibited, and may be a violation of law. If you believe that you received this e-mail in error, please do not read this e-mail or any attached items. Please delete the e-mail and all attachments, including any copies thereof, and inform the sender that you have deleted the e-mail, all attachments and any copies thereof. Thank you.
From: Matt Love matt.love@gmail.com
Sent: Tuesday, August 30, 2022 2:07:45 PM
To: Phillip Morton
Cc: oama@lists.imla.org
Subject: [Oama] Re: CLEET reserve commission question
70 O.S. 3311(E) refers to a Law Enforcement Agency employing a reserve peace officer. 3311(G)(3) defines employing agency as one might expect - as a LEA that has "employed" a person. 11 O.S. 34-101(B) authorizes the appointment of Municipal reserves, and speaks in terms of the person performing duties for the City/Town.
Perhaps what has happened in the past is that the SRO employed by the school was also a reserve with the City. The reserve commission would allow them to do certain things, but when they are working for a school they would be "off duty" so to speak with the City as a reserve. Meaning they shouldn't be exercising any powers associated with their reserve commission. It'd be like a FT cop working security off duty.
Critically, if the SRO seeks to enforce the law as an Officer, they would be invoking the City's authority to do so and would create liability for the City. That could lead to uncomfortable conversations, like whether they were acting within the scope of their duties with the City. Which likely leads to a question of whether they have ever actually done any "work" as a reserve for the City.
Those are my 2 cents. Bad idea in my opinion.
Matt
On Tue, Aug 30, 2022 at 1:47 PM Phillip Morton mortonlawoffice@gmail.com wrote:
Mayor is asking if the school resource officer can be put under the municipality for his reserve CLEET commission. He would still remain employed with the school district and there are no plans for him to do work for the municipality. I would think this might fall in the realm of an impermissible gift, among other things. But my concern is that the Mayor tells me that she was informed that the city has done this in the past. I'm thinking this a no-no, but I want to pose the question to minds greater than my own in case I'm missing something.
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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