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HomeMy WebLinkAbout13-12 - Disposition of Service Weapon Used by Retiring Peace OfficersRESOLUTION NO. 13-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, REGARDING DISPOSITION OF SERVICE WEAPON USED BY RETIRING PEACE OFFICERS WHEREAS, pursuant to California Public Contract Code §10334(b), a qualifying state law enforcement agent is authorized to purchase his or her state issued service weapon upon retirement; and WHEREAS, even though state law does not expressly provide similar authority for local law enforcement agencies to sell to a local law enforcement agent his or her agency issued service weapon, cities such as Costa Mesa are granted broad police powers to dispose of city owned property when it is in the public interest; and WHEREAS, Costa Mesa Peace Officers typically spend many years possessing, training with, and maintaining their service weapon; and WHEREAS, Costa Mesa Peace Officers frequently desire upon retirement to purchase and keep the service weapon which they have possessed, trained with, and maintained throughout their years of service; and WHEREAS, allowing a Costa Mesa Peace Officer, honorably retiring, to purchase their service weapon at fair market value serves the public good by strengthening their bond to the community and recognizing and honoring their years of service. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: SECTION 1. Upon the retirement of any peace officer employed by the City of Costa Mesa who expresses a desire to purchase his or her service weapon, the Police Chief shall make a determination of the peace officer's good standing and good character. SECTION 2. It is in the public interest to honor certain peace officer's years of honorable service and strengthen their bond to the community by enacting a policy governing qualifying retiring peace officers to purchase their service weapons. Resolution No. 13-12 Page 1 of 2 SECTION 3. The City Council adopts the policy attached to this Resolution as Exhibit A. SECTION 4. The City Clerk shall certify to the passage and adoption hereof. PASSED AND ADOPTED this 16th day of April, 2013. STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, BRENDA GREEN, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 13-12 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 16th day of April, 2013, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Genis, Leece, Mensinger, Monahan, Righeimer NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS:None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 17th day of April, 2013. au� BRENDA GREEN, CITY CLERK Resolution No. 13-12 Page 2 of 2 EXHIBIT A CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE PURCHASE OF DEPARTMENT ISSUED 04/16/13 1 of 2 SERVICE WEAPON BY RETIRING PEACE OFFICER California Public Contract Code section 10334(b) authorizes the sale of state issued firearms to qualifying peace officers upon retirement or disability for the lesser of the fair market value or replacement cost of the firearm. While state law does not expressly provide similar authority to local government agencies, many municipalities have enacted policies to allow qualifying retiring peace officers to purchase their department issued service weapon. The City Council wishes to adopt a policy governing the sale of a peace officers service weapon town honorably retiring peace officer. POLICY Purchase of City — Owned Personal Equipment by Retiring Peace officers. Sworn peace officers eligible for a retirement identification card endorsed for carrying a concealed firearm will be permitted to purchase their department -issued firearm. The California Penal Code mandates that the department shall issue an identification certificate to all full-time paid peace officers that have been honorably retired from the Department. As used in the California Penal Code Sections 16690 and 25900, the term "honorably retired" includes all peace officers who have qualified for, and have accepted, a service or disability retirement. To be considered "honorably retired," a peace officer must have a minimum of 20 years of service to retire. The term "honorably retired" does not include a peace officer who has agreed to a service retirement in lieu of termination. Honorably retired peace officers shall have an endorsement on the identification certificate stating that the Department approves the peace officers carrying of a concealed and loaded firearm. In addition, no peace officer that retired because of a psychological disability shall be issued an endorsement to carry a concealed and loaded firearm and shall not qualify to purchase their service weapon, Service weapon means a peace officer's department issued semi-automatic pistol.or revolver. REGULATIONS A peace officer wishing to purchase his or her service weapon shall present his or her request in writing within 30 calendar days of the retirement date with the following information: CITY OF COSTA MESA, CALIFORNIA COUNCIL POLICY SUBJECT POLICY EFFECTIVE PAGE NUMBER DATE PURCHASE OF DEPARTMENT ISSUED 4/16/13 2 of 2 SERVICE WEAPON BY RETIRING PEACE OFFICER ® Documentation of the peace officer's current status regarding the carrying of a weapon and if the peace officer is currently qualified to Department range qualification standards; ® Documentation that the peace officer will be, or has been issued an Honorably Retired Peace Officer Card with authorization to carry concealed weapons; ® Indicate the Make, Model, Caliber, Serial Number of the service weapon to be purchased; ® Provide a current evaluation of the value of the service weapon by an independent gun dealer, with a comparison to -the current Blue Book of Gun Values. Submit the gun dealer's evaluation on their letterhead, appraisal invoice, or business card; ® Provide payment in the amount of the quoted value. Police Chief's Responsibility, Prior to authorizing the sale of City -owned equipment to a retiring peace officer, the Police Chief shall verify that the officer's retirement status is "honorable" and: ® Ensure that the peace officer purchasing his or her service weapon is eligible to be issued unrestricted retirement identification cards; ® Ensure that a Weapon Certificate authorizing sale of the service weapon to the retiring officer has been completed; • Conduct a background check on the retiring officer; ® Prepare a written approval or denial of the purchase.