Minutes of a Regular Meeting, June 22-23, 2004 - Digital Collections

June 22-23, 20044. While working for RSU, all equipment, supplies, uniforms, firearms, automobiles, etc.,used by said OHP Member shall only be composed of such items supplied by RSU, and saidOHP Member shall not be authorized to use any OHP or DPS equipment, supplies, uniform,firearm or automobile.5. Only RSU, and not OHP or DPS, shall be responsible for said OHP Member’s salary andbenefits, if any while said person is working for RSU.6. RSU shall be responsible to carry and pay for such insurance on said OHP Member whilehe or she is working for RSU, as may be required by law.7. DPS shall not be subject to liability for the acts of the OHP Member while he is engagedby RSU, and at such times, said OHP Member shall not be deemed to be an employee or agent ofOHP or DPS; furthermore, RSU and its representatives shall neither hold such person out as anOHP Trooper or Officer nor as an agent or representative of either OHP or DPS.8. It is not the intention of the parties to this Agreement that any OHP Trooper or Officer isa third party beneficiary to this Agreement.9. In the event of an irreconcilable conflict between said OHP Member’s duty owed to RSUand his duty owed to DPS, such as a DPS emergency requiring said OHP Member’s immediateattention and call to duty for DPS, then said OHP Member is required to report to DPSirrespective of his obligation owed to RSU; however, in the event of such an occurrence, RSUshall be given as much advance warning as practicable.10. It is understood that by virtue of said OHP Member being engaged by RSU, that saidOHP Member is not released from his off-duty obligations owed to DPS as set forth in Section1.1.10 of the DPS Patrol Divisions Operations Manual, dealing with “Employment outside ofDepartment” and in Sub-chapter two (2) of Chapter one (1) of the DPS Patrol DivisionsOperations Manual dealing with OHP Troopers’ and Officers’ conduct, both on and off duty,including the “Patrol Code of Ethics”, the “Cannons of Police Ethics” and the “Rules ofConduct” as reported in Section 1.2.3.11. This Agreement may be terminated by either party hereto upon thirty (30) days writtennotice to the other party.12. No statements, representations, discussions or negotiations shall be deemed or interpretedto be included in this Agreement unless specifically expressed herein. This Agreement shallsupersede and replace any and all prior agreements between the parties with respect to thesubject matter hereof. This Agreement may not be amended, modified or waived, except by awritten instrument duly executed by both parties and dated subsequent to the date hereof.8.2