How Can Your Town or City Help A School District?

Legislation that took effect in July 2023 created a three-year pilot program which provides school districts in the State with money to hire a school resource officer(s) and/or to make necessary security upgrades.  This is known as the School Resource Officer (SRO) Program.  As a result of this SRO Program, School Districts may be looking to local Police Departments to provide a School Resource Officer for their schools.   

If this is the case in your City or Town, there are some things to consider when deciding how your City or Town’s police department can best assist and support the School District under this new SRO Program.  These things are listed below in no particular order; they are each important.  

First, your City or Town should reduce to writing whatever agreement it reaches with the School District regarding a school resource officer(s):  a well-written contract should spell out your City or Town’s and the School District’s expectations and obligations.  Your municipal attorney should be involved in this process, of course.  

Second, identify what kind of law enforcement officer will fill the role of SRO.  The SRO Program legislation defines an SRO as a “law enforcement officer with sworn authority and training in school-based law enforcement and crisis response.”   Under Oklahoma law, there are two kinds of “law enforcement officers with sworn authority:” a 1) peace officer and 2) a reserve peace officer.  It is possible the School District does not appreciate the distinctions between a reserve peace officer and a peace officer, although each of these positions meet the SRO Program’s definition of an SRO.  Under Oklahoma law, a peace officer is a person who is paid by a law enforcement agency to regularly work more than 25 hours per week enforcing local and state laws and ordinances.  A person can be hired to and work as a peace officer before he/she obtains his/her peach officer certification from CLEET, but only for a period of up to six months. By contrast, while a reserve peace officer has the same authority as a peace officer, under Oklahoma law, a reserve peace officer can be paid or unpaid, AND he/she can only perform his/her duties for no more than 140 hours/month, AND he/she must have obtained his/her reserve peace officer certification from CLEET prior to being appointed as a reserve peace officer.  So, an agreement with the School District on what kind of law enforcement officer will fill the role of SRO is necessary. 

Third, regardless of whether the SRO is a peace officer or a reserve peace officer, it is critical that the SRO be the City or Town’s employee, not the School District’s employee. Why? If your City or Town issues a police commission to an individual, your City or Town is legally liable for the actions that person takes within the scope of his/her employment with the City or Town.  Therefore, your City or Town should have the authority over that individual that exists in the “usual” employment relationship, such as the authority to supervise, train, discipline, assign duties, etc.  A police commission gives the holder of the commission certain legal authority, such as the authority to seize someone and to use force while doing so. A police commission authorizes the individual holding it to carry a firearm into a school (which is a place where “regular” citizens cannot carry a gun).  This is so, regardless of how the individual’s salary/wages are funded.  So, knowing that your City or Town is legally liable for an arrest, use of force, detention, etc., made by an individual to whom your City or Town has given a police commission, why would you NOT want the authority to supervise, train, discipline, assign duties, etc.? 

Fourth, the SRO Program legislation requires that an SRO employed via the SRO Program shall successfully complete law enforcement active shooter emergency response training given by the Council on Law Enforcement Education and approved by the Oklahoma Department of Public Safety.  The SRO Program legislation does not identify a date or timeframe by which this training must be completed.  Again, an agreement with the School District on this topic is necessary. 

Fifth, the SRO is in place to enforce state and local law, not the School’s policies or procedures.  This needs to be addressed with the School District, as well.  For example, when student Billy Bob shows up at school wearing clothing that conflicts with the School’s dress code, the School District, not the SRO, should address this with Billy Bob pursuant to its policies and procedures.  The School’s dress code is NOT state or local law which the SRO is in place to enforce, generally speaking. 

Finally, it is worth noting: a School District can create its own “School Police Department” pursuant to the Oklahoma Campus Security Act.  So, contracting with a City or Town to provide the SRO is not the only way to have an SRO in the School District. This article is intended to address things a City or Town should consider when deciding how it can best assist and support the School District under this new SRO Program.

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OMAG's Police Liability Update (February 2024)

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Claims 101: A Comprehensive Guide for OMAG Clients

When it comes to managing claims, understanding the process can be quite daunting, especially if you're new to the game. But don't worry! We've got you covered. This guide will take you through the ins and outs of the Claims Process.

Claims: The What and the Types

The primary role of the claims team is to handle various types of claims, including Tort Claims, Auto Claims, and Property Claims.

The Tort Claim Process

Tort Claims are claims submitted by individuals against the municipality. The completed form must be returned back to the MUNICIPALITY, NOT OMAG. Required items in the form include the date of loss, the date the city received the tort claim, a description of the incident, and if a vehicle is mentioned in the incident, a VIN number must be supplied. It's crucial to note the notice date, which is the date the municipality received the claim as it is very important to the claim timeline.

DO NOT hold on to Tort Claims. Send OMAG the completed tort claim with notice date as soon as you receive it so we can maintain a proper timeline. We can always get any supporting documentation late.

The Do's and Don'ts of Liability Claims

  • When handling liability claims, there are some best practices to follow: Take plenty of pictures/videos

  • Track complaint logs and response times Obtain employee statements

  • Send in the tort claim as soon as you get it 

Conversely, it's important not to admit liability or give any indication that the claim will be paid!

The Auto Claim Process

For the municipality to submit a claim for an auto/mobile equipment loss, required items include the date of loss, the last 4 digits of the VIN or serial number, and a description of the incident. A form is provided to report damage to city or town vehicles only, and all other General Liability or Auto claims should be reported on the Tort Claim Form.

The Property Claim Process

For the municipality to submit a claim for a property loss, the required items are the date of loss, the address and named location with damages, and a description of the incident. A form is provided to report the details of the loss and damage.

Common Questions and Contact Information

If you have any questions or concerns, you can always contact us at 405-657-1400 or claims@omag.org. You can also visit our website at www.omag.org or drop by our office at 3650 S. Boulevard, Edmond, Oklahoma 73013. We're here to assist you!

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Ensuring Accurate Schedules

No one likes to pay for items that they either do not own or are no longer viable.  Making sure that your insurance schedules are accurate and up to date can be a quick and easy way to potentially save on hundreds if not thousands of dollars in annual premium.  We rarely forget to add insurance coverage to our new vehicles or properties as often time it is required for purchase, however, it is not uncommon for OMAG Members to forget to remove automobiles, equipment, and property line items from coverage once they have been sold, scrapped, surplussed, or demolished.  For this reason, OMAG recommends that its members set aside a time at least once a year to review their schedules to ensure that it is not providing coverage on items that it no longer possesses.  If you are interested in a policy review, please contact your OMAG Insurance Services Representative today.

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Winter Weather is on the Way

It’s that time of year again when the bottom can drop out of the temperature gauge, and OMAG wants to make sure that you are prepared.  Sub-freezing temperatures can wreak havoc on buildings and water damage from busted pipes is the most common issue.  You want to protect all properties, but vacant buildings pose the most risk to extreme freezing as they are often an afterthought.  As a reminder OMAG’s Municipal Property Protection Plan (MPPP) limits coverage for vacant buildings and excludes any loss due to water damage (See page 19 of MPPP).  For this reason, we ask that you remember to take proper precautions on all vacant properties when Father Winter decides to strike.  Other exclusions in addition to water damage under the OMAG Vacancy Clause include loss due to vandalism, sprinkler leakage, building glass breakage, theft, and attempted theft.  

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Fostering a Culture of Service

Municipal culture reflects leadership influence. How can you ensure you’re fostering a culture of service? Below are strategies you can implement today that will influence a culture of service. 

  1. Lead by example, set the service standard. The foundation of a service-oriented culture begins at the top. Embody the values you wish to see in your team. By consistently demonstrating a commitment to service excellence, you set the standard for others to follow. This authenticity resonates throughout the municipality, creating a ripple effect that permeates every level. 

  2. Empower employees. Empowered employees are the driving force behind a service-centric culture. Foster an environment that encourages autonomy, decision-making, and creativity. By entrusting employees with the responsibility to serve citizens effectively, you empower them to take ownership of their roles and contribute to a positive service culture. 

  3. Invest in the continuous training and development of employees. It is a key to maintaining a high standard of service. Regular workshops, skill-building sessions, and customer service training programs ensure that employees stay updated on best practices and industry trends. This commitment to ongoing education reinforces the municipality’s dedication to delivering exceptional service. 

  4. A culture of service is rooted in genuine, customer-centric communication. Encourage open dialogue, active listening, and empathy in all interactions. By prioritizing the citizen experience and focusing on building lasting relationships, municipalities can create a positive reputation that extends far beyond individual transactions. 

  5. Acknowledging and celebrating service excellence is a powerful motivator. Implement a system of recognition and rewards to highlight outstanding contributions to the service culture. This not only reinforces positive behaviors but also inspires others to go above and beyond in their service efforts. 

  6. A culture of service requires adaptability to meet the ever-changing needs and expectations of citizens. Instill a mindset of flexibility, encouraging teams to proactively anticipate citizen needs and adapt their approaches accordingly. This responsiveness positions the organization as agile and citizen-focused. 

  7. Establishing feedback loops is critical to the continuous improvement of service standards. Encourage a culture where both positive and constructive feedback are welcomed. By learning from citizens’ experiences, your municipality can evolve and refine service strategies to meet needs. 

Influencing a culture of service is a transformative journey that begins with you. It permeates every facet of a municipality. When you have a culture of service, you secure citizen loyalty, create engaged employees, and a workplace where service excellence is not just a goal but a way of life.

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Tips for Avoiding a Deer Collision

Knowing what to do when you encounter a large animal on or near a roadway can not only prevent damage to your vehicle, it could be a lifesaver. Keeping calm, driving alert, and smart greatly improves your chances of avoiding a collision and staying safe on the road.

  1. Watch for the rest of the pack. Deer are herd animals and rarely travel alone. If you spot a deer on or near the road, chances are there are more nearby. Slow down and keep an eye out for more deer that could dart across the road.

  2. Don’t let “the rut” put you in a rut. October through January is mating season for deer, they become much more mobile during this season looking for mates. Also, deer are most active at dawn and dusk; periods when your vision is most compromised. Slow down and stay alert, especially after dark.

  3. Use your headlights. Watch for road signs that indicate a high-traffic deer area. The sign is a yellow diamond with a deer on it. Also, deer’s eyes will reflect green from the headlights in the dark, making them easier to spot. And for white-tailed deer, it looks like a white flag raised when they are moving on alert.

  4. Stay center. On multi-lane roads, use the center lane, it’s your safest bet for avoiding a deer collision. On rural roads stay near the center line unless passing an oncoming car. Staying in the center gives you more time to react if a deer darts in front of you.

  5. Brake, but don’t swerve. If you see a deer brake firmly and calmly, and stay in your lane. Swerving could cause you to lose control of your vehicle and make a bad situation worse. Remember, deer are unpredictable, you could swerve directly into their changing path.

  6. Honk, loud, and long. Some experts say a long blast from your horn will scare the deer and cause them to move away from the sound (This is not a proven theory but sounds practical). Don’t rely on hood whistles or other devices designed to scare off deer- studies have shown them to be largely ineffective in preventing deer collisions.

What to do if you hit a deer:

  1. Pull to the side of the road as soon as it’s safe to do so.

  2. Turn on your hazard lights and remain in the vehicle till you’re sure it is safe to get out.

  3. Call emergency services if injuries are involved and the local police for property damage. Let authorities know if the deer is in a dangerous spot on the road so it can be removed ASAP.

  4. Stay away from the deer. If it is still alive, it could be confused, injured, and dangerous if approached.

  5. Contact your insurance provider and report any damage to your vehicle ASAP.

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Potholes: How They Form and How They Can Be Prevented

Whether traveling on local streets, rural roads, or busy highways, traveling down a long stretch of smooth roadway is unconsciously satisfying. On the other hand, not much is more aggravating than driving on a street or roadway peppered with potholes. Unfortunately, without proper road maintenance, the latter can be more the norm rather than the exception. Having a well-thought-out asphalt pavement plan can lead to less driver aggravation, overextended road maintenance budgets, and costly insurance claims for vehicle damage repair costs, traffic accidents, injuries, and even deaths.

How potholes form

Harsh climates, excessive wind, rain, freezing temperatures, and excessive heat is tough on asphalt pavement. Then there is heavy traffic, heavy vehicular traffic, and the general wear and tear of the pavement. Eventually road material deteriorates, resulting in cracks in the pavement. Water becomes trapped under the asphalt layer and accumulates, causing the base soils to become waterlogged. Traffic compresses the pavement causing dips in the surfacing due to these base soils being pushed away. As the seasons occur, we get rain, wind, and freezing which further deteriorates the road materials, causing a pothole or series of potholes and a washboard effect on the surface of the road.

Asphalt maintenance tips

  1. Keep it clean! Power blowing and washing loose debris, fuel, and oil residues a couple of times a year helps prevent asphalt damage.

  2. Seal it up! Sealcoating your asphalt roadways is one of the best pothole prevention methods. It adds a protective layer to your asphalt extending its lifespan by sealing cracks and preventing water seepage into the base layer.

  3. Repair the damage ASAP! As soon as the asphalt is damaged, water can start seeping into the undersurface of the roadway, and freezing temperatures, and wind will then cause the cracks to create potholes. Repairing damage as soon as it occurs is critical to keeping potholes in check and protecting your pavement investment. 75% of untreated pavement cracks become potholes. Asphalt crack filling is one of the most effective ways to prevent further water deterioration. Perform asphalt crack filling every year for the best results in your pavement maintenance plan.

Benefits of Proper Asphalt Pavement Maintenance

  1. Protects your investment – extends the longevity of your asphalt surface.

  2. Improves customer experience – Driving on roads covered in potholes is frustrating to your citizens and others traveling through your community. It doesn’t reflect well on your municipality's image. Good smooth roadways also improve the safety and driving experience of those using your streets.

  3. Saves your municipality money – Repaving and surfacing is expensive, routinely maintaining your asphalt roads will save you thousands of dollars in the long run. Also with smoothly maintained roads, there will be less opportunity for insurance claims to be filed for property damage and injuries allegedly due to poor roadways.

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OMAG In Action (Volume 8)

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OMAG's Police Liability Update (November 2023)

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