CLEET Corner (February 2025)

Happy New Year! We wanted to bring to your attention two cases out of the Court of Criminal Appeals from the end of 2024. These brief summaries are only meant to make you aware of the cases and are not offered as complete analyses of them and should not be considered legal advice.

The first is Tulsa v. O’Brien, 2024 OK CR 31. This is another installment in Indian Country jurisprudence post-McGirt. Here, Tulsa asked the Court to approve their exercise of jurisdiction in issuing traffic citations to certain Indians within Indian Country. The case involved a ticket issued by Tulsa PD to an Osage Indian within the part of Tulsa that sits within the Muscogee (Creek) reservation. In a methodical opinion, the Court found the state—and thus municipalities—has concurrent jurisdiction in Indian Country except when (1) that jurisdiction is specifically preempted by federal law or (2) when exercising jurisdiction would unlawfully infringe upon tribal self-government. Finding the General Crimes Act did not preempt state jurisdiction in Indian Country, the Court focused on the self-government aspect. In this case, because the ticketed driver was a “non-member” Indian, meaning he was not an enrolled member of the tribe with jurisdiction, the Court found the exercise of state jurisdiction did not interfere with tribal self-government and upheld Tulsa’s practice.

The other is State v. Velasquez, 2024 OK CR 29, in which the Court of Criminal Appeals overruled previous holdings regarding knock-and-announce violations. As you’re likely aware, Oklahoma law generally requires law enforcement to give notice of their authority and purpose and be refused admittance before they can force entry to execute a warrant. 22 O.S. § 1228. In the past, the Oklahoma court has employed the exclusionary rule in cases in which the knock-and-announce rule was violated. In Velasquez, finding the purpose of the knock-and-announce rule is to protect life, limb, and property, and not to act as a shield for offenders to avoid the government seeing or taking property described in a lawful warrant, the Court overruled the prior cases and adopted the federal approach as described in Hudson v. Michigan, 547 U.S. 586 (2006).

As always, please make sure to review these cases with appropriate legal counsel prior to implementing any changes of procedure or policy based upon them.

The Crucial Role of Effective Communication Between Police Chiefs and City Management

Effective communication between a police chief and city management is the cornerstone of sound governance, particularly when it comes to developing policies and mitigating risks. These two roles, though distinct in their responsibilities, share a common goal: fostering a safe, well-managed community. Open, consistent, and strategic communication can make the difference between thriving municipal operations and potentially damaging crises. Below are key benefits that highlight the importance of this collaboration.

Enhanced Policy Development

A police chief’s purview often includes law enforcement and community safety, while city management focuses on budgeting, resource allocation, and overall strategic planning. By maintaining a robust communication channel, these leaders can ensure that policies align with both public safety priorities and administrative objectives. For example:

• Resource Allocation: Open dialogue allows the police chief to communicate specific needs, such as personnel or equipment, enabling city management to make informed budget decisions.

• Policy Alignment: Collaborative discussions help avoid policies that inadvertently conflict with policing strategies or community expectations.

• Community Engagement: Jointly developed policies are more likely to reflect a balanced approach that addresses the concerns of both city leadership and residents.

Proactive Risk Mitigation

Public safety and risk management are interdependent. Well-informed city management can better anticipate challenges and allocate resources effectively when they are kept abreast of issues by the police chief. Some ways this dynamic aids risk mitigation include:

• Crisis Preparedness: Regular communication ensures both leaders are aligned on protocols for handling emergencies, from natural disasters to civil unrest.

• Data Sharing: Sharing crime statistics, trends, and community feedback enables city management to understand the broader context and act preemptively.

• Legal and Ethical Compliance: Transparent communication helps ensure that policies adhere to legal standards and ethical considerations, reducing the risk of litigation or public backlash.

Stronger Community Trust

Both the police chief and city management play vital roles in shaping public perception of local government. When these leaders communicate effectively, they set the tone for transparency and accountability, which resonates positively with the community. Benefits include:

• Unified Messaging: Consistent communication ensures that public statements and initiatives from city leadership and law enforcement are cohesive and clear.

• Conflict Resolution: Joint efforts in addressing community grievances demonstrate a commitment to collaboration and responsiveness.

• Increased Morale: A well-coordinated approach signals to both city employees and residents that their leaders are working together to achieve common goals.

Efficient Problem-Solving

Cities face a myriad of challenges, from budget constraints to unexpected crises. A strong communication pipeline between the police chief and city management allows for faster identification and resolution of issues. For example:

• Resource Prioritization: Immediate feedback helps allocate resources to where they are needed most.

• Adaptability: Open communication fosters a culture of flexibility, enabling quick adjustments to policies or strategies as circumstances change.

Strategies for Effective Communication

To fully realize these benefits, police chiefs and city management should adopt specific strategies:

• Regular Meetings: Schedule consistent check-ins to discuss ongoing issues and updates.

• Clear Channels: Establish dedicated communication protocols to ensure information flows smoothly.

• Collaborative Training: Engage in joint training sessions on crisis management, diversity, and community relations.

• Mutual Respect: Cultivate a professional relationship built on trust and respect for each other’s expertise.

Conclusion

Good communication between a police chief and city management is more than a best practice; it is a necessity for effective governance and risk management. By working closely together, these leaders can craft policies that are both pragmatic and visionary, while safeguarding their community against potential risks. The result is a more resilient and harmonious city, where leadership acts as a unified force for progress and safety.

OMAG's Police Liability Update (February 2025)

Oklahoma USERRA

Since 1994, municipalities have been required to protect military service members from discrimination in employment under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA).

In April 2021, the Oklahoma Legislature adopted a state-level USERRA, commonly referred to as the OK USERRA, which is very similar to the federal USERRA but instead protects members of the State military forces (National Guard, Civil Air Patrol, Oklahoma State Guard, Military Court of Appeals, and any other military force organized under the Constitution and laws of the State of Oklahoma), when they have been activated by the Oklahoma Governor.

The OK USERRA generally prohibits discrimination against members of state military forces listed above and requires municipalities to reemploy such members under certain circumstances that are rather fact-intensive. Additionally, the OK USERRA requires municipalities to:

1. adopt USERRA compliance procedures;

2. report to the state legislature on an annual basis if military service members were not rehired under applicable exemptions, and

3. train human resource personnel on the rights, benefits, and obligations of the OK USERRA.

Finally, under both the federal and OK USERRA, a poster that provides a summary of employee rights is required to be posted in a location where such employment notices are normally posted. This poster is located on the U.S. Department of Labor website and can be printed free of charge to you, and the federal USERRA poster sufficiently meets the requirement of the OK USERRA.

If you have any questions on the OK USERRA, or any other employment matter, please contact attorneys@omag.org

OMAG In Action (Volume 12)

Bridging the Gap: Enhancing City Management & Police Collaboration

City managers and police chiefs play a vital role in protecting their cities from legal challenges and ensuring compliance with civil rights laws. Building a strong partnership between city leadership and law enforcement is essential to safeguarding municipalities and reducing risks.

Five key areas can strengthen this collaboration:

• Policy Updates: Regularly updating department policies to align with state and federal laws helps reduce liability and ensure compliance.

• Policy Dissemination: Clear communication and training on updated policies ensure officers understand and implement them effectively.

• Continuous Training: Ongoing education on high-risk areas like use of force and civil rights violations equips officers to navigate complex situations while minimizing risk.

• Compliance Audits: Routine audits ensure policies are not only documented but also followed in practice, catching potential issues before they escalate.

• Litigation Preparedness: Proactively strengthening legal defenses through robust training, record-keeping, and compliance measures prepares cities to handle lawsuits effectively.

City managers can play an active role by fostering collaboration with police leadership, prioritizing resources for training and compliance, and maintaining open communication.

Federal Court Strikes Down 2024 DOL Salary Basis Rule

On November 15, 2024, the District Court for the Eastern District of Texas invalidated the Department of Labor’s (DOL) 2024 rule increasing salary thresholds for white-collar and highly compensated employee exemptions under the Fair Labor Standards Act (FLSA). This decision reverts the salary basis for these exemptions to pre-July 2024 levels of $35,766 annually ($684 per week).

The now-overturned DOL rule, issued in April 2024, had raised the white-collar exemption salary to $43,888 per year ($844 per week) starting July 1, 2024, with a second phase set to increase it to $58,656 annually ($1,128 per week) on January 1, 2025. The rule also increased the highly compensated employee exemption threshold to $132,964 annually in 2024 and $151,164 in 2025, alongside a provision for automatic salary updates every three years.

The court ruled that the DOL exceeded its authority under the FLSA, which emphasizes employees' duties rather than salary in determining exemption status. By setting high salary thresholds, the court argued that the DOL effectively replaced the duties test with a salary-only standard, contradicting the statute. The court also deemed the automatic increases invalid under regulatory procedures.

Employers nationwide can now revert to the previous salary basis but should note that certain states and localities, including California, New York, Colorado, and Washington, enforce higher salary thresholds. While the DOL could appeal, many expect the current administration to let the decision stand.

Employers with questions on compliance should consult their city attorney, or you may contact OMAG General Counsel Monica Coleman, at mcoleman@omag.org or (405) 657-1422.

New Year New Policies: Strengthening Risk Management

Start the New Year Right: Reviewing and Updating Municipal Policies

The start of a new year is a perfect time to revisit Risk Management Policies and Procedures. Think of it as giving your organization’s Risk Management policies a New Year’s resolution: to be clear, consistent, and ready to tackle the year ahead. After all, if you don’t set the rules, someone might invent their own… and that’s when things can get messy (literally and figuratively).

The Importance of Robust Policies and Procedures

Policies and procedures are the backbone of risk management, providing a foundation to minimize liability risks and promote organizational consistency. While Risk Management policies sometimes get a bad rap for being lengthy or complex, concise, well-drafted policies ensure compliance with federal regulations, protect against legal issues, and create a safer and more productive work environment. For municipalities, these updates are not just administrative tasks but strategic actions to align with your municipality’s values and goals for the year ahead.

Sample Policies and Support from OMAG

OMAG offers a range of comprehensive sample policies to assist municipalities. These include Health & Safety policies supported by the Municipal Accident Prevention Program (MAPP), Sanitary Sewer policies and procedures through the Sanitary Sewer Overflow Reduction Program (SSORP), and numerous Human Resource Policies and Procedures. All these resources are available to members on the OMAG webpage. For additional policies or questions, you can also reach out to the Risk Management and/or Human Resources team for guidance and support.

OMAG Insurance Renewals: Simplifying the Process

At OMAG, we are committed to making your insurance experience as seamless as possible. We understand that clear communication is key to keeping our members informed about any important changes, especially when it comes to policy issuance.

A few years ago, OMAG transitioned to a new system for issuing policies and invoices. Since then, our staff has made it a priority to email all renewal policy information and invoices directly to you.

Key Renewal Details:

• Renewal Policy Information: The OMAG Underwriting Department will send your renewal policy information 45 days before the effective date. This email will include your first quarterly invoice, DEC pages, schedules, certificates, ID cards, and any other relevant policy details.

• Important: Since your first quarterly invoice is sent along with your policy details, it's important to know your GLA and PRO policy renewal dates so you can expect to receive this information on time.

What to Do If You Can't Find the Email: If you can't locate your renewal email, don't worry! Simply reach out to the OMAG Underwriting Department, and we’ll be happy to resend the information and confirm the correct email address for future communication.

Renewal Timeline:

• GLA and PRO Policy Issuance (Including 1st Quarter Invoice): Sent 45 days before the effective date via email

• Reminder Invoice: Sent 10 days after the effective date via mail

• Pre-Cancellation Notice: Sent 25 days after the effective date via mail

• Cancellation Notice: Sent 45 days after the effective date via mail

We hope this helps clarify the renewal process! If you have any questions, please don’t hesitate to contact our Underwriting Department.

How Cities & Towns Can Stay Safe in Freezing Weather

Freezing temperatures can cause big problems for cities and towns. Roads get icy, water pipes freeze, and power can go out. Here are some simple steps cities can take to keep people safe and things running smoothly during cold weather:

Protect Pipes, Roads, and Buildings:

• Water Pipes: Wrap exposed pipes to keep them from freezing. Check fire hydrants to make sure they work. Remind people to let their faucets drip during very cold weather to stop pipes from freezing.

• Roads: Have enough salt and sand ready to spread on icy streets. Make sure snowplows are working and fix any cracks in the roads before they get worse from freezing and thawing.

• Buildings: Check that city buildings are insulated to keep them warm and save energy.

Prepare for Power Outages:

• Backup Power: Get generators ready to keep important places, like fire stations and hospitals, running if the power goes out.

• Warming Shelters: Open safe, warm places where people can go if their homes get too cold.

Share Winter Safety Tips:

• Use social media, TV, and other ways to remind people how to stay safe. For example, share tips about driving safely on icy roads and keeping pets indoors.

• Work with local utility companies to give updates if power or water stops working.

Practice for Emergencies:

• Train city workers on what to do during a freeze. For example, practice clearing roads and opening shelters quickly.

By getting ready before freezing weather hits, cities can keep people safe and help everyone get through winter with fewer problems.