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LV

Larry Vickers

Mon, Jan 3, 2022 9:49 PM

Group,

I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well?

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.

Group, I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well? 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.

SP

Suzanne Paulson

Tue, Jan 4, 2022 2:16 PM

The Oklahoma Standards for Drug and Alcohol Testing Act (40 O.S. § 552 et seq) does not consider volunteers as "employees" therefore, the cities should not be drug testing volunteers. If they are not "employees" you don't even get to the question about whether they are safety sensitive so as to randomly drug test them. Same goes for reserve officers.

OML was pushing some legislation a couple years ago but I think it fizzled out.

The problem is that if they do test volunteers (especially randomly), then it is a 4th amendment violation according to Romero v. City of Miami.

Suzie

Suzanne D. Paulson
Executive Director
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 Sitehttp://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: Larry Vickers larry@lvickerslaw.com
Sent: Monday, January 3, 2022 3:49 PM
To: oama@lists.imla.org
Subject: [Oama] Drug Testing Volunteer Fireman

Group,

I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well?

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 https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7Cspaulson%40omag.org%7Cd740dd7f12f64ec2b4ff08d9cf02e9ae%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637768434012542001%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NCeOLCt64wrs7hArULxROQ3T7V0fPzdlLLYiD9EDARg%3D&reserved=0

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.

The Oklahoma Standards for Drug and Alcohol Testing Act (40 O.S. § 552 et seq) does not consider volunteers as "employees" therefore, the cities should not be drug testing volunteers. If they are not "employees" you don't even get to the question about whether they are safety sensitive so as to randomly drug test them. Same goes for reserve officers. OML was pushing some legislation a couple years ago but I think it fizzled out. The problem is that if they do test volunteers (especially randomly), then it is a 4th amendment violation according to Romero v. City of Miami. Suzie Suzanne D. Paulson Executive Director 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: Larry Vickers <larry@lvickerslaw.com> Sent: Monday, January 3, 2022 3:49 PM To: oama@lists.imla.org Subject: [Oama] Drug Testing Volunteer Fireman Group, I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well? 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<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7Cspaulson%40omag.org%7Cd740dd7f12f64ec2b4ff08d9cf02e9ae%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637768434012542001%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NCeOLCt64wrs7hArULxROQ3T7V0fPzdlLLYiD9EDARg%3D&reserved=0> 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.

AM

Amanda Mullins

Tue, Jan 4, 2022 4:21 PM

Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association.

The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information.

What do you all think?

Thanks,

Amanda

________________________________ Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association. The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information. What do you all think? Thanks, Amanda

DD

david davis

Tue, Jan 4, 2022 4:53 PM

Not required to be police officer but verification required. See below.

Oklahoma Statutes Citationized
[cid:image001.gif@01D80159.58E48CC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11 Title 11. Cities and Towns
[cid:image001.gif@01D80159.58E48CC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode Chapter 1 - Oklahoma Municipal Code
[cid:image001.gif@01D80159.58E48CC0] https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts Article Article XXVII - Courts
[cid:image002.gif@01D80159.58E48CC0] Section 27-115 - Prosecutions by Verified Complaint - Style
Cite as: O.S. §, __ __

All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality) vs. ________________ (naming the person or persons charged)".
Historical Data

From: Amanda Mullins Amanda@amullinslaw.com
Sent: Tuesday, January 4, 2022 10:22 AM
To: oama@lists.imla.org
Subject: [Oama] Code Enforcement

Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association.

The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information.

What do you all think?

Thanks,

Amanda

Not required to be police officer but verification required. See below. Oklahoma Statutes Citationized [cid:image001.gif@01D80159.58E48CC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11> Title 11. Cities and Towns [cid:image001.gif@01D80159.58E48CC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#Chapter1-OklahomaMunicipalCode> Chapter 1 - Oklahoma Municipal Code [cid:image001.gif@01D80159.58E48CC0] <https://www.oscn.net/applications/OCISWeb/index.asp?level=1&ftdb=STOKST11#ArticleXXVII-Courts> Article Article XXVII - Courts [cid:image002.gif@01D80159.58E48CC0] Section 27-115 - Prosecutions by Verified Complaint - Style Cite as: O.S. §, __ __ ________________________________ All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality) vs. ________________ (naming the person or persons charged)". Historical Data From: Amanda Mullins <Amanda@amullinslaw.com> Sent: Tuesday, January 4, 2022 10:22 AM To: oama@lists.imla.org Subject: [Oama] Code Enforcement ________________________________ Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association. The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information. What do you all think? Thanks, Amanda

LV

Larry Vickers

Tue, Jan 4, 2022 7:11 PM

Thanks Susie!

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: Suzanne Paulson spaulson@omag.org
Sent: Tuesday, January 4, 2022 8:16:31 AM
To: Larry Vickers; oama@lists.imla.org
Subject: RE: Drug Testing Volunteer Fireman

The Oklahoma Standards for Drug and Alcohol Testing Act (40 O.S. § 552 et seq) does not consider volunteers as “employees” therefore, the cities should not be drug testing volunteers. If they are not “employees” you don’t even get to the question about whether they are safety sensitive so as to randomly drug test them. Same goes for reserve officers.

OML was pushing some legislation a couple years ago but I think it fizzled out.

The problem is that if they do test volunteers (especially randomly), then it is a 4th amendment violation according to Romero v. City of Miami.

Suzie

Suzanne D. Paulson
Executive Director
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 Sitehttp://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: Larry Vickers larry@lvickerslaw.com
Sent: Monday, January 3, 2022 3:49 PM
To: oama@lists.imla.org
Subject: [Oama] Drug Testing Volunteer Fireman

Group,

I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well?

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 https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7Cspaulson%40omag.org%7Cd740dd7f12f64ec2b4ff08d9cf02e9ae%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637768434012542001%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NCeOLCt64wrs7hArULxROQ3T7V0fPzdlLLYiD9EDARg%3D&reserved=0

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.

Thanks Susie! 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: Suzanne Paulson <spaulson@omag.org> Sent: Tuesday, January 4, 2022 8:16:31 AM To: Larry Vickers; oama@lists.imla.org Subject: RE: Drug Testing Volunteer Fireman The Oklahoma Standards for Drug and Alcohol Testing Act (40 O.S. § 552 et seq) does not consider volunteers as “employees” therefore, the cities should not be drug testing volunteers. If they are not “employees” you don’t even get to the question about whether they are safety sensitive so as to randomly drug test them. Same goes for reserve officers. OML was pushing some legislation a couple years ago but I think it fizzled out. The problem is that if they do test volunteers (especially randomly), then it is a 4th amendment violation according to Romero v. City of Miami. Suzie Suzanne D. Paulson Executive Director 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: Larry Vickers <larry@lvickerslaw.com> Sent: Monday, January 3, 2022 3:49 PM To: oama@lists.imla.org Subject: [Oama] Drug Testing Volunteer Fireman Group, I have a municipality that is setting up random testing on those employees who deal with safety equipment/issues. Would it be legal to test the volunteer fireman as well? 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<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.lvickerslaw.com%2F&data=04%7C01%7Cspaulson%40omag.org%7Cd740dd7f12f64ec2b4ff08d9cf02e9ae%7Cb13aadd514d84b918cf485be9d556ad7%7C1%7C0%7C637768434012542001%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C1000&sdata=NCeOLCt64wrs7hArULxROQ3T7V0fPzdlLLYiD9EDARg%3D&reserved=0> 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.

R

rayvincent

Wed, Jan 5, 2022 6:40 PM

If code enforcement officer signs the complaint before Court Clerk can the code enforcent officer deliver the ticket to Defendat and have Defendant sign a promise to appear in court or does the Court Clerk issue a summons. If our Clerk issues a summons who would serve it?RaySent from my Sprint Samsung Galaxy Note9.
-------- Original message --------From: david davis ddavislaw@live.com Date: 1/4/22 10:54 AM (GMT-06:00) To: Amanda Mullins Amanda@amullinslaw.com, oama@lists.imla.org Subject: [Oama] Re: Code Enforcement

Not required to be police officer but verification required. See below.

Oklahoma Statutes Citationized
  Title
11. Cities and Towns
    Chapter
1 - Oklahoma Municipal Code
        Article
Article XXVII - Courts
        Section 27-115

Prosecutions by Verified Complaint - Style
Cite as: O.S. §, __ __

All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making
the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer.
No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality)
vs. ________________ (naming the person or persons charged)".
Historical Data

From: Amanda Mullins Amanda@amullinslaw.com
Sent: Tuesday, January 4, 2022 10:22 AM
To: oama@lists.imla.org
Subject: [Oama] Code Enforcement

Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association.

The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information.

What do you all think?

Thanks,

Amanda

If code enforcement officer signs the complaint before Court Clerk can the code enforcent officer deliver the ticket to Defendat and have Defendant sign a promise to appear in court or does the Court Clerk issue a summons. If our Clerk issues a summons who would serve it?RaySent from my Sprint Samsung Galaxy Note9. -------- Original message --------From: david davis <ddavislaw@live.com> Date: 1/4/22 10:54 AM (GMT-06:00) To: Amanda Mullins <Amanda@amullinslaw.com>, oama@lists.imla.org Subject: [Oama] Re: Code Enforcement Not required to be police officer but verification required. See below. Oklahoma Statutes Citationized Title 11. Cities and Towns Chapter 1 - Oklahoma Municipal Code Article Article XXVII - Courts Section 27-115 - Prosecutions by Verified Complaint - Style Cite as: O.S. §, __ __ All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making the complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. No warrant for arrest shall be issued until the complaint has been approved by the judge of the municipal court. All prosecutions for the violation of municipal ordinances shall be styled, "The ________ (City or Town) of ________________ (name the municipality) vs. ________________ (naming the person or persons charged)". Historical Data From: Amanda Mullins <Amanda@amullinslaw.com> Sent: Tuesday, January 4, 2022 10:22 AM To: oama@lists.imla.org Subject: [Oama] Code Enforcement Good morning everyone, I have a municipal code enforcement trial set regarding a house that violates our code. Our Code Enforcement employee that wrote the citation is certified through the Oklahoma Code Enforcement Association. The attorney on the other side is arguing 2 things: 1) That the Officer has to be a Police Officer and 2) that the Citation has to be verified like an Information. What do you all think? Thanks, Amanda