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Inmates installing county equipment on Constable personal/duty vehicle?? Login/Join 
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The county provides a travel allowance for constables but do not provide them with a county issued vehicle. The constables carry out their official duties in personal vehicles equipped with radios, lights, cameras, & markings owned by the county.

Apparently, inmates assist sheriff's office personel in installing lights & radios on the sheriff's office county issued patrol vehicles. I have a new constable that said the sheriff's office would install county owned lights, radio, camera, & markings on the vehicle for the constable personal vehicle that will be used in the execution of official duties.

Questions:
1. Is there a legal issue with sheriff's office personel installing this equipment on constable's personal vehicle?
2. Is there a legal issue if county jail inmates assist sheriff's office personel installing this equipment on constable's personal vehicle?
3. Is there a legal issue with county owned equipment being installed in constable's personal vehicle that is used to carry out constable's official duties?

Any help with these questions would be greatly appreciated.
 
Posts: 84 | Location: Fairfield, Texas | Registered: June 13, 2002Reply With QuoteReport This Post
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I think the most important issue here lies with your third question. While AG opinions exist stating that a county commissioners court may reimburse a Constable for expenses incurred while in the performance of official duties, your case is a bit more complicated than that. It may not be seen as reimbursing the Constable for mileage in his personal vehicle, because of the installed County equipment. Does putting a radio, lights, cameras and markings in/on the personal vehicle convert it into a County vehicle? This may be a fact question depending on how permanent the equipment is or how hard it is to revert the personal vehicle back to its previous state. When a County reimburses for mileage or provides a vehicle stipend, the owner of the personal vehicle is not entitled to County maintenance of the vehicle. But, if the personal vehicle becomes a County vehicle because it has been converted, the Constable could arguably seek just compensation from the County for the purchase of his personal vehicle and reimbursement for maintenance expenses.

However, I could be over-thinking this one.
 
Posts: 30 | Location: Rockwall, Texas USA | Registered: December 12, 2008Reply With QuoteReport This Post
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