Tracy Lee Milian - Page 4




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          (apartments), a property owned by the housing authority.  The               
          parties stipulated that the school district is not a City of Fort           
          Worth agency.  The housing authority is not a Fort Worth agency.            
               Petitioner voluntarily decided to accept employment at the             
          school and the apartments.  The Department did not assign                   
          petitioner to work at these sites.  The Department was not                  
          obligated to send any off-duty officers to work at the school or            
          the apartments.  Each entity decided on its own to hire off-duty            
          police officers instead of private security.  The entities had              
          the complete authority to hire any approved officer, and if                 
          dissatisfied with an officer's performance, they could fire him             
          or her.  When petitioner went to the school or the apartments, he           
          was required by the manual to wear his official uniform and carry           
          his police equipment.                                                       
               Petitioner's off-duty work schedule was based upon the needs           
          of the school district and the housing authority, and took into             
          account petitioner's on-duty hours.  When petitioner reported for           
          duty at the school and the apartments, he knew he was there to              
          perform security duties.  Petitioner did not report to any                  
          representative of the school district or the housing authority.             
               At the school, there was a liaison officer who was on duty             
          and was paid by the Department to be on duty there.  If the                 
          liaison officer had a problem with petitioner, he would tell the            
          school district representative and then the school district, if             





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