Delegation of supervision of police officers; agency liability.

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(2) Any liability or claim of liability that arises out of the exercise of authority under ORS 190.472 by an officer acting within the course and scope of the officer’s duties under ORS 190.472 is the responsibility of the commissioning agency unless:

(a) The officer acts under the direction and control of another agency; or

(b) The liability or claim of liability is otherwise allocated under a written agreement between the commissioning agency and another agency.

(3) All of the privileges and immunities from liability, exemption from laws, ordinances and rules, and all pension, relief, disability, workers’ compensation insurance and other benefits that apply to the activities of officers when performing their duties within the territorial limits of their commissioning agencies apply to them and to their commissioning agencies to the same degree and extent while the officers exercise authority under ORS 190.472.

(4) As used in this section, "commissioning agency" means the agency for whom the officer is employed full-time and by whom the officer is compensated. [1997 c.855 §3]

Note: See note under 190.472.


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