TDCAA TDCAA Community Civil Inmates installing county equipment on Constable personal/duty vehicle??
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Member |
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. | ||
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Member |
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. | |||
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TDCAA TDCAA Community Civil Inmates installing county equipment on Constable personal/duty vehicle??
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