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TCLEOSE rules

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Police-19_max50

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Posted almost 5 years ago

 

Hello Brothers and sisters I am coming to you all in need of some help. I am looking for the rules on carrying a dual commishion in the TCLEOSE rules and I am unable to locate this. Is there anyone here who maybe able to help me out and lead me to the right section.




 


Thank You


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Avatar_max160_max160_max50

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Rate This | Posted almost 5 years ago

 

Look at the Attorney's Generals opinion, I think it's there.


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

Ferret_max50

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Rate This | Posted almost 5 years ago

 

I haven't been able to find it in the TCLEOSE rules as of yet, but I know that it's up to the chiefs of those agencies of whether or not they'll support duel commission. I've also been told that this TCLEOSE rule is fairly new and some officers are still unaware that TCLEOSE permits this now. If any of you by chance find the rule, I'd appreciate posting a link.


The integrity of your word is its greatest respect! - "Talon"

Police-19_max50

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Rate This | Posted almost 5 years ago

 

 have been unable to locate it also. I am working on a problem solving paper for a corporal selection board and this could be a solution to the problem our department is facing. Anyone able to locate the rule I would appreciate it. I know officers who do have a dual commision but I can not find the rule. 


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Avatar_max160_max160_max50

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Rate This | Posted almost 5 years ago

 

I may have it in my office, I'll check Thursday.


 


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

Ferret_max50

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Rate This | Posted almost 5 years ago

 

  I just found this ... I've only included the "summary" written by Mr. Greg Abbott back in 2004 just to get an idea ... and some case-law references are included within the entire document. I know it isn't a posted TCLEOSE rule, which is really what we're looking for, but this is the closest document I've found so for by someone who is qualified to interpret law:


 


"Unless a peace officer holds a "civil office" within Texas Constitution article XVI, section 40, that provision does not bar him from being employed and commissioned by two law enforcement agencies. A peace officer holds an office within article XVI, section 40, if a sovereign function of government is conferred upon him to be exercised for the benefit of the public largely independent of the control of others. This test must be applied on a case-by-case basis considering facts relevant to the specific peace officer's authority.


A peace officer does not violate the common-law doctrine of incompatibility solely because he is employed and commissioned by two different law enforcement entities and is responsible to two different employers. The common-law doctrine of incompatibility does not reach the practical difficulties involved in holding two positions. Attorney General Opinions O-1263 (1939) and H-727 (1975) are overruled to the extent they incorrectly define the common-law doctrine of incompatibility." (Abbott, http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2004/htm/ga0214.htm )


The integrity of your word is its greatest respect! - "Talon"

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Rate This | Posted almost 5 years ago

 

Talon says ...



  I just found this ... I've only included the "summary" written by Mr. Greg Abbott back in 2004 just to get an idea ... and some case-law references are included within the entire document. I know it isn't a posted TCLEOSE rule, which is really what we're looking for, but this is the closest document I've found so for by someone who is qualified to interpret law:


 


"Unless a peace officer holds a "civil office" within Texas Constitution article XVI, section 40, that provision does not bar him from being employed and commissioned by two law enforcement agencies. A peace officer holds an office within article XVI, section 40, if a sovereign function of government is conferred upon him to be exercised for the benefit of the public largely independent of the control of others. This test must be applied on a case-by-case basis considering facts relevant to the specific peace officer's authority.


A peace officer does not violate the common-law doctrine of incompatibility solely because he is employed and commissioned by two different law enforcement entities and is responsible to two different employers. The common-law doctrine of incompatibility does not reach the practical difficulties involved in holding two positions. Attorney General Opinions O-1263 (1939) and H-727 (1975) are overruled to the extent they incorrectly define the common-law doctrine of incompatibility." (Abbott, http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2004/htm/ga0214.htm )



That's the AG opinion I was thinking about, good job.


Hello my name is Inigo Montoya, you killed my father, prepare to die.

"It's not a constitutional violation for a police officer to be a jerk." Supreme Court Justice Anthony Kennedy -December 4, 2000

Ferret_max50

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Rate This | Posted almost 5 years ago

 

jakesdad says ...



Look at the Attorney's Generals opinion, I think it's there.



Ahh ... okay -that's what you were talking about. I just realized it when you posted your last comment.


The integrity of your word is its greatest respect! - "Talon"

Police-19_max50

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Rate This | Posted almost 5 years ago

 

My understanding is that it was passed by either by TCLEOSE and put into the written rules or put in the occupations code. Does anyone know if this is true or is the AG's opinion all we can find


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Photo_user_blank_big

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Rate This | Posted almost 5 years ago

 

Tx_LawMan says ...



My understanding is that it was passed by either by TCLEOSE and put into the written rules or put in the occupations code. Does anyone know if this is true or is the AG's opinion all we can find



You are ok to hold a dual commission in Texas.  We recommend that the two agencies that appoint you have an MOU between them to cover things such as who is going to cover you if you get hurt, or if you create liabliity who is going to be responsible at what time.  That is a recommendation, not a requirement.  I know this to be true ... I work at TCLEOSE.

Dcp01604_max50

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Rate This | Posted almost 5 years ago

 

Never knew that.  Thanks for the answer Txlawman.

Ferret_max50

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Rate This | Posted almost 5 years ago

 

TxCom2 says ...



Tx_LawMan says ...



My understanding is that it was passed by either by TCLEOSE and put into the written rules or put in the occupations code. Does anyone know if this is true or is the AG's opinion all we can find



You are ok to hold a dual commission in Texas.  We recommend that the two agencies that appoint you have an MOU between them to cover things such as who is going to cover you if you get hurt, or if you create liabliity who is going to be responsible at what time.  That is a recommendation, not a requirement.  I know this to be true ... I work at TCLEOSE.



Thanks for the info. ... and welcome to PL, by the way!


The integrity of your word is its greatest respect! - "Talon"

Police-19_max50

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Rate This | Posted almost 5 years ago

 

I just got off the phone with TCLEOSE it is not a rule or in the occupations code. The AG's opinion is where I was sent, good job brothers and sisters and thank you for yall's help. Now wish me luck on making it to corporal.


Andy


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Rate This | Posted almost 5 years ago

 

Talon says ...



TxCom2 says ...



Tx_LawMan says ...



My understanding is that it was passed by either by TCLEOSE and put into the written rules or put in the occupations code. Does anyone know if this is true or is the AG's opinion all we can find



You are ok to hold a dual commission in Texas.  We recommend that the two agencies that appoint you have an MOU between them to cover things such as who is going to cover you if you get hurt, or if you create liabliity who is going to be responsible at what time.  That is a recommendation, not a requirement.  I know this to be true ... I work at TCLEOSE.



Thanks for the info. ... and welcome to PL, by the way!



Thank you for the welcome.   And good luck on making it to corporal!

Ferret_max50

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Rate This | Posted almost 5 years ago

 

Tx_LawMan says ...



I just got off the phone with TCLEOSE it is not a rule or in the occupations code. The AG's opinion is where I was sent, good job brothers and sisters and thank you for yall's help. Now wish me luck on making it to corporal.


Andy



Good luck, brother! Keep us posted!


The integrity of your word is its greatest respect! - "Talon"

Jack_bauer_max50

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Rate This | Posted over 4 years ago

 

Iv been dual commissioed with a smaller agency since Feb.  I remember the new L1 appointment form that I had to check listed Dual Commission....but I don't know if it's apart of the occupations code or if it was just written into TCLEOSE rules.