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Reserve Peace Officer Fact Sheet

COUNCIL ON LAW ENFORCEMENT EDUCATION AND TRAINING
RESERVE PEACE OFFICERS - FACT SHEET

PLEASE NOTE: The RESERVE PEACE OFFICERS - FACT SHEET is designed as a quick reference intended to provide information concerning the most frequently asked questions regarding the Oklahoma Statutes governing employment and certification requirements for reserve peace officers. Like any summary, It is not intended to include all information or to address specific local issues.

Appointment of municipal police officers: The authority for appointment of municipal police reserve officers is found in TITLE 11, 34-101 et seq., of the OKLAHOMA STATUTES.

Appointment of county deputy reserve officers: The authority for appointment of county deputy reserve officers is found in TITLE 19, 547 et seq., of the OKLAHOMA STATUTES.

Standards for training and certification of reserve peace officer: Title 70, 3311 et seq., of the Oklahoma Statutes establish minimum standards for the training and certification of reserve peace officers. The Council on Law Enforcement Education and Training (CLEET) derives its authority from this statute.

Examination required for certification: Reserve peace officers, within six (6) months of their commission or appointment as a reserve officer, must satisfactorily complete a minimum 240-hour CLEET approved certification course and satisfactorily pass all written examinations required for certification.

Requirements for attending training:
In order to attend CLEET approved certification training, reserve officers must meet, as a minimum, the following conditions:

1. Be at least 21 years of age, prior to certification as a peace officer.
2. Be a United States citizen or in resident alien status, as defined by U.S. Citizenship and Immigration Services.
3. Must possess a high school diploma or a GED equivalency certificate. (Minimum requirements)
4. Must not have been convicted in state or federal court for any felony, crime of moral turpitude, or a crime of domestic violence.
5. Must have fingerprint clearance from Federal Bureau of Investigation and the Oklahoma State Bureau of Investigation.
6. Must have undergone psychological evaluation by the employing agency using a psychological instrument approved by CLEET.
7. Must be commissioned or appointed by employing agency prior to attending CLEET approved certification training.
8. Must not have been involuntarily committed to an Oklahoma state mental institution.
9. Must submit all required documentation and enrollment materials.

Workers’ Compensation Insurance: Reserve peace officers must be covered by Workers’ Compensation Insurance as required under Title 85, 3 of Oklahoma Statutes.

Reserve Officers Hours of Service:
For cities or counties having a total population of less than two hundred thousand (200,000) persons, a reserve officer shall serve not more than one hundred ten (110) hours per calendar month.

For cities or counties having a total population of two hundred thousand (200,000) or more persons, a reserve officer shall serve not more than one hundred forty (140) hours per calendar month.

Authority of Reserve Peace Officer while on-duty:
When on duty, reserve peace officers have same authority as full time certified peace officers, under Oklahoma Statutes. Counties and municipalities may choose to limit assignment or authority of reserve peace officers under their jurisdiction.

Municipal reserve officers may be assigned to work alone prior to CLEET certification. County reserve officers must work with a full-time Sheriff or salaried Deputy until CLEET certified. This disparity is due to differences in the statutes that govern full-time and reserve officers.

Authority of Reserve Peace Officer while off-duty:
Off duty reserve peace officers, with specific authority from the employing agency, may be permitted to carry off-duty weapons. Authority is found under Title 21, Section 1289.23, of the Oklahoma Statutes. If such authority is granted, it must meet requirements of this section. Counties and municipalities may choose not to permit off-duty weapon status.

Authority "employed":
The authority of a reserve peace officer exists only when the officer is "employed" by a law enforcement agency. If the reserve officer leaves the agency, for any reason, the officer has no authority beyond that of a private citizen. The reserve officer's certification with the State of Oklahoma remains valid, unless revoked, suspended, or the reserve officer is de-certified, as provided for under Title 70, Section 3311, and/or, the administrative rules and regulations of CLEET.

Agreement - requirements of Title 70, Section 3311:
Reserve peace officers who have been absent during mandatory training, or who have not satisfactorily completed skills proficiency portions of the academy may be denied the opportunity to participate in progress examinations or certification examination. Upon satisfactory completion of remedial training and/or skills exercises, such examinations may be administered by a CLEET Field Representative.

Reserve peace officers attending CLEET approved certification training must agree to do so under requirements of Title 70, Section 3311, of the Oklahoma Statutes, and the Council on Law Enforcement Education and Training (CLEET) Administrative Rules and Regulations governing the Reserve Certification Program.

Approval of Reserve Academy:
CLEET does not actually conduct the Reserve Academy or certification training. CLEET issues approval for reserve academies to be conducted by agencies meeting minimum standards for the conduct of such academies, including, but not limited to: curriculum, facility, academy coordinator, instructors and scheduling.

Training requirements beyond certification:
Reserve officers are required to successfully qualify with a handgun, at least one time annually. There are no annual continuing education requirements for reserve peace officers. The employing agency may mandate training requirements for their reserve officers.

DISQUALIFICATIONS

Title 21, 1283 of the Oklahoma Statutes states that a person convicted of a felony may not have a firearm in possession or control. An exception is made under subsection B for persons who have been convicted of a nonviolent felony and received a full and complete pardon and have not been convicted of another felony which has not been pardoned. This conflicts with Oklahoma Attorney General’s Opinion 84-101 which states that a person who has received a pardon is not authorized to carry a firearm. The Oklahoma Court of Criminal Appeals has not yet resolved this conflict.

It is unlawful for any person to willfully make any statement in an application to CLEET knowing the statement is false or intentionally commit fraud in any application to the Council for attendance in any CLEET-conducted or CLEET-approved peace officer academy or program. Violation of this statute is a felony punishable by imprisonment in the Department of Corrections for a term of not less than two (2) years nor more than five (5) years, or by a fine not exceeding Two Thousand Dollars ($2,000.00), or by both such fine and imprisonment.

No person who has had a police or peace officer certification from another state revoked or voluntarily surrendered shall be considered for certification by CLEET within five (5) years of the effective date of any such revocation or voluntary surrender of certification.

FEDERAL DOMESTIC VIOLENCE FIREARM LEGISLATION

The Gun Control Act makes it unlawful for a person who is the subject of a qualifying protection order to possess or receive firearms or ammunition (section 922(g)(8) of the Gun Control Act). Under the ATF’s interpretation of the Official Use Exception, this provision does not apply to persons “performing official duties on behalf of a Federal, State or local law enforcement agency.” The ATF says that if officers are “authorized or required to carry their service weapon at all times, the exception applies to their service weapon at all times.” “The exception does not apply for officers who are ‘off-duty’ at the end of a shift, and are not authorized by statute, regulation, or official department policy to possess their duty weapons for the purpose of performing official duties.”

PLEASE NOTE: The RESERVE PEACE OFFICERS - FACT SHEET is designed as a quick reference intended to provide information concerning the most frequently asked questions regarding the Oklahoma Statutes governing employment and certification requirements for peace officers. Like any summary, It is not intended to include all information or to address specific local issues.

Additional information may be obtained by contacting the Council on Law Enforcement Education and Training in Ada, (405) 239-5100, or from a CLEET Field Representative.

Last updated/reviewed March 27, 2009

Information