Duties
The Governor is the Commander-in-Chief of the Oklahoma Military with the Adjutant General responsible for running the day to day operations of the Military Department of Oklahoma. According to state law, the Adjutant General is “subordinate only to the Governor” and is also his principal military adviser. The Adjutant General is responsible for the supervision of direction of the National Guard when in the service of the state at the direction of the Governor. The Adjutant General is also responsible for the organization, training and other activities of the Guard. As the second highest commander in the state, the Adjutant General is responsible for carrying into effect the orders of the Governor as Commander in Chief. The Governor may proscribe “other military and defense duties” to the Adjutant General as he may deem necessary.
As the head of the Military Department, the Adjutant General has full control over funds allotted to the National Guard armories. Funds are controlled, deposited, expended and accounted for at the sole direction of the Adjutant General. The Adjutant General may order any record kept at individual armories audited at his discretion. Also, the Adjutant General is the Trustee of the Military Department and may act as such when accepting funds, land, or property to be used for the National Guard. When building new armories, the Adjutant General appoints a three member board that selects all architects and contractors for the project.
The Oklahoma State Legislature authorizes the Adjutant General to commission a state police force under OS title 44, section 230. To protect the Oklahoma Military Department's assets and personnel, the Adjutant General may commission State Police Officers to the Oklahoma Military Department Police to serve in that function. The Oklahoma Military Department Police, with the sole exception of the serving or execution of civil process, shall retain all the powers vested by law as state peace officers. The Oklahoma Military Department Police is a State law-enforcement agency that satisfies the criteria for Posse Comitatus. The Posse Comitatus Act is a United States federal law (18 U.S.C. § 1385) passed on June 18, 1878, with the intention of substantially limiting the powers of the federal government to use the military for law enforcement. The Act prohibits members of the Marine Corps, Army, Navy, Air Force, and State National Guard forces when such are called into federal service from exercising nominally state law enforcement, police, or peace officer powers. Including those that maintain "law and order" on non-federal property (states and their counties and municipal divisions) within the United States.
The statute generally prohibits federal military personnel and units of the National Guard under federal authority from acting in a law enforcement capacity within the United States, except where expressly authorized by the Constitution or Congress. The Coast Guard is exempt from the Act. The Oklahoma Military Department Police satisfies this stringent criterion. Officers sworn to this office are non-military, civilian state law enforcement personnel.
The Adjutant General is granted the power to lease to any person(s), company(s), or agency(s), the armories of the State, with contracts not to exceed one year. The contract may be terminated by order of the Adjutant General after a written notice of 30 days is given to the other parties in the contract. If legal action is necessary, the Adjutant General can order the Attorney General of Oklahoma to investigate the claims.
The Governor has the power to allow National Guardsmen to voluntarily serve under federal authority in certain instances. At the pleasure of the Governor, this power may be delegated to the Adjutant General. The Adjutant General, at the consent of the Governor, may assist other states in cooperative enforcement programs.
At the discretion of the Adjutant General, an Oklahoma Recruiting Medal may be awarded to any member of the Oklahoma National Guard who is “personally and solely responsible” for recruiting five new member to the Oklahoma National Guard within one year’s time.
Read more about this topic: Adjutant General Of Oklahoma
Famous quotes containing the word duties:
“It is one of the signs of the times. We confess that we have risen from reading this book with enlarged ideas, and grander conceptions of our duties in this world. It did expand us a little.”
—Henry David Thoreau (1817–1862)
“The application requisite to the duties of the office I hold [governor of Virginia] is so excessive, and the execution of them after all so imperfect, that I have determined to retire from it at the close of the present campaign.”
—Thomas Jefferson (1743–1826)
“The moment we indulge our affections, the earth is metamorphosed; there is no winter and no night; all tragedies, all ennuis, vanish,—all duties even.”
—Ralph Waldo Emerson (1803–1882)