Oklahoma § 44-111 - Public property - Liability of commanding officer Liability of person responsible for loss, damage or destruction Apprehension and prosecution of persons absconding

§ 44-111. Public property - Liability of commanding officer Liability of person responsible for loss, damage or destruction Apprehension and prosecution of persons absconding

(a) The officer in permanent or temporary command of a station

is responsible for the security of all public property of the

command, whether in use or in store, and although for purposes of

periodical accountability to general headquarters, it may all have

been officially accepted and receipted for by subordinate officers,

the commanding officer is nevertheless responsible and pecuniarily

liable with them for the strict observance of the regulations in

regard to its preservation, use and issue. He will take care that

all storehouses are properly guarded, that only reliable agents are

employed, and only trustworthy enlisted men are detailed for duty in

them or in connection with the property.

(b) A company or detachment commander is responsible for all

public property pertaining to his company or detachment and will not

transfer his accountability therefor to a successor during periods

of absence of less than thirty (30) days, unless ordered by

competent authority, when such absence exceeds thirty (30) days, the

question of responsibility is settled by the proper authority.

(c) The officer in temporary or permanent command of a company

or detachment is responsible for all public property used by, or in

possession of the command, whether he receipts for it or not.

(d) The property responsibility of a company commander cannot

be transferred to enlisted men. It is his duty to attend personally

to its security, and to superintend issue himself, or cause to be

superintended by a commissioned officer.

(e) A transfer of public property involves a change of

possession and accountability. The transferring officer will

furnish the receiving officer with invoices, in duplicate,

Oklahoma Statutes - Title 44. Militia

accurately enumerating the property and the latter will return

duplicate receipts. The transaction will appear on the property

returns rendered by such.

(f) The giving or taking of receipts in blank for public

property is prohibited. Officers are cautioned against the signing

of receipts for property without an actual physical count of such

property. A relief at some future time for a shortage caused by

failure to exercise such precaution will not be favorably

considered.

(g) An officer in charge of public property in use or in store

will endeavor by timely repairs to keep it in serviceable condition.

(h) Officers responsible for property will be charged for any

damage to or loss or destruction of the same, unless they show to

the satisfaction of the Adjutant General, by proper evidence, that

the damage, loss, or destruction was occasioned by unavoidable

causes, and without fault or neglect on their part.

(i) If an article of public property be lost or damaged by the

neglect or fault of any officer or soldier, he shall be subject to

pay for the value thereof or the cost of repairs, in a sum to be

determined by the proper authority, upon the demand of the Adjutant

General.

(j) The amount charged against an enlisted man on the muster

and payrolls on account of loss or damage to, or repairs to military

property shall not exceed the value of the article or cost of

repairs; and such charge will only be made on conclusive proof, and

never without an inquiry if the soldier demands it.

(k) The Adjutant General is authorized to pay from the funds

appropriated to the Military Department for operating expenses the

expenses necessary for the apprehension and prosecution of any

person absconding with property belonging either to the state or

United States; provided, such person is without the confines of this

state.

Laws 1951, p. 121, art. 6, § 1, eff. May 16, 1951.