Governor Stitt has declared a State of Emergency in Oklahoma related to the spread of COVID-19 and has issued and subsequently amended an Executive Order related to the Emergency. The Order, which is now on its Seventh Amended version as of 4/1, imposes certain restrictions on actions by individuals and entities and gives directives to various State agencies and employees. For a detailed discussion on the individual and entity restrictions and the enforcement of those restrictions by local Law Enforcement, click here. This post will focus on the CLEET training requirements during the State of Emergency.
Oklahoma law requires Police Officers to complete a 600 hour academy or, if they are already reserve certified and have been in active service as a reserve for at least 6 months, then they must only complete a 360 hour bridge academy. 70 O.S. §3311(E)(2)-(3). The statute also requires new Reserve Officers to complete a 240 hour basic reserve academy. Id. Newly hired Officers have up to 6 months from the time they start to complete the required academy. 70 O.S. §3311(E)(4)&(6).
Governor Stitt’s Order temporarily alters these requirements. First, the Order effectively suspends and waives the 6 month clock for the duration of the State of Emergency and for 30 days after the State of Emergency ends. The 6 month requirement will not include any time the officer is working from 3/15/2020 (the date the Governor first declared the State of Emergency) through at least 5/30/2020 (30 days after the current expiration date for the State of Emergency, which is set to expire 4/30). That end date will likely be extended further each time Governor Stitt issues an amended Order (the Orders are set to expire 30 days after each version is issued). So, for example, an Officer hired 1/1/2020 would normally have had until 6/30/2020 to complete their training. The Order would effectively extend the deadline for that officer until roughly 9/15/2020.
The Order also waives any requirement that Reserve Officers be certified or be accompanied by a CLEET certified officer while on duty. This provision is also effective for the duration of the State of Emergency and continues for 30 days after the State of Emergency ends. The Order only requires that, to serve as a Reserve Officer, the individual must be commissioned and authorized by his or her appointing agency's head or designee before being allowed to work as a peace officer under this provision.
Individuals who assume the position of a municipal Police Chief are required to both become CLEET certified within 6 months and also complete a 40 hour Police Chief Administrative School developed b the Oklahoma Association of Chiefs of Police within 12 months of assuming their duties as Chief. 11 O.S. §34-102(B)(5). The Governor’s Order applies to all statutory time requirements for completing training. As such, it is OMAG’s belief that this requirement for new Chiefs has been suspended as well for the duration of the Emergency and for 30 days thereafter. OMAG partners with OACP on this training and is committed to ensuring that all Chiefs at OMAG member agencies will be given the chance to timely complete this training.
In its current form, the Governor’s Order does not affect continuing education requirements for certified officers. By law, Officers have until the end of each calendar year to complete their mandatory CE requirements. 70 O.S. §3311.4. The current State of Emergency is set to expire on 4/30, though it is anticipated that the Governor will further extend the Emergency past that date by future Amended Order(s). If the State of Emergency is continued significantly longer, the Governor may issue an order related to Certified Officers and their annual CE requirements. Officers at OMAG member agencies can, of course, obtain free CLEET certified training through OMAG’s partner LocalGovU.
OMAG often receives inquires about whether we would extend liability coverage to our members and their officers if the officer caused a loss while being employed under the circumstances allowed for in the Order. OMAG’s coverage tracks the Governmental Tort Claims Act (GTCA). Both OMAG’s coverage and the GTCA provide for protections for officers sued in their individual capacity so long as the officer acted in good faith performance of their job duties. Under the GTCA, the municipal employer is liable for such actions under any tort theory of recovery and that liability is taken on by OMAG. As such, so long as the officer was performing lawfully assigned duties in good faith, OMAG will protect the officer and our member Municipality.
DISCLAIMER: OMAG attorneys have sought to keep updating this webpage with the most up-to-date information possible. OMAG offers this guidance to help your municipality make informed decisions about policies and procedures until some of the issues can be decided by the Legislature or the Courts. You should always consult with your City Attorney before taking any actions based on this guidance. If you have questions or concerns about the information contained in these articles, please email one of the attorneys in the OMAG Legal Department (see https://www.omag.org/legal-services for contact information).
