Payment of municipalities for tuition to the Maine Criminal Justice Academy

MAINE STATE LEGISLATURE The following document is provided by the LAW AND LEGISLATIVE DIGITAL LIBRARY at the Maine State Law and Legislative Reference Library http://legislature.maine.gov/lawlib Reproduced from scanned originals with text recognition applied (searchable text may contain some errors and/or omissions) RICHARD S. COHEN ATTORNEY GENERAL STATE OF r-1.-".J);E DEPARTMENT OF THE ATTORNEY GENERAL AUGUSTA . .'.1-!A!);E 0-!33.1 March 30, 1979 Honorable James P. Elias House of Representatives State House Augusta, Maine 04333 Dear Representative Elias: STEPHEN L. DlAMOND JOH1' S. GLEASON JOHN M. R. PATERSON RoHERT J. STOLT DEPUTY ATTORNEYS GENERAL You have asked for advice with respect to the following situation which has apparently arisen in some municipalities within your district. Pursuant to 25 M.R.S.A. §2805 (1978-79 Supp.) full-time law enforcement officers in a municipality are required to successfully complete a basic training course at the Maine Criminal Justice Academy within the first year of their employment. During the period of training at the ( ·Academy, officers are paid their weekly salary by the munici- pality which employs them. Moreover, a municipality is required to pay a $125. tuition fee for each officer it has trained at the Academy. You have indicated that in some instances officers who have completed their mandatory training at the Academy have sought and obtained employment as law enforcement officers in other municipalities. In view of the foregoing, you have inquired whether there is any way a municipality can secure employment commitments from those law enforcement officers whose basic training it has funded. There would appear to be no reason why a municipality could not include in an employment contract a provision whereby a police officer who has received his basic training at the expense of the municipality agrees to a minimum employment commitment follow- ing such training. Should the employee violate this contractual provision, the municipality could seek damages, and possibly injunctive relief, for breach of contract. Of course, the limita- tions on the officer's right to seek and obtain alternative employ- ment as a law enforcement officer should be reasonable. Honorable James P. Elias House of Representatives March 30, 1979 Page two The situation you have described is essentially a private matter between the municipality and the individuals it hires as law enforcement officers. It would seem to me that the best course for municipalities to follow is to seek the legal assistance of the town attorney. I hope this information is helpful to you. Please feel free to call upon me again if I can be of further assistance. WRS: sm ~.,,,,,._.~,,,,,,.--- . /, WILLIAM R. STOKES Assistant Attorney General