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HomeMy WebLinkAboutResolutions - 1978.06.01 - 1275184 93 MISCELLANEOUS RESOLUTION NO. June 1, 1978 BYr PUBLIC SERVICES COMMITTEE, HENRY W. HOOT, CHAIRMAN IN RE: COUNTY WEAPONS CONTROL POLICY TO THE OAKLAND COUNTY BOARD OF COMMISSIONERS Mr. Chairperson, Ladies and Gentlemen: WHEREAS, the Sheriff's Department Range Officer is presently responsible for the purchase and control of all county handguns; and WHEREAS, this includes the handguns issued to the Security Division, Friend of the Court, Animal Control, and the Treasurer's Office; and WHEREAS, the Range Officer is also responsible for training county personnel in the use of their assigned weapons, NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the adoption of the proposed "Procedure for Handling County Weapons and Training Armed County Personnel," as outlined in the attached, The Public Services Committee, by Henry W, Hoot, Chairman, moves the adoption of the foregoing resolution, PUBLIC SERVICES COMMITTEE ' 4 Henry W. :oot, Cairman ROBERT NYOVIC--- thdersheriff —JOHANNESnSPREEN Sheriff FP RTMENT UNTY cOloiesstomg You) 24oPeernem Tedtented fo (PAefeettoR g gett1fle2 1201 North Telegraph Road Pontiac,' Michigan 48053 — 3131858-5000 At present, the Range Officer is responsible for the control of all County owned handguns. This includes the handguns issued to the Security Division, Friend of the Court, Animal Control, and the Treasurer's Office. In addition, the Range Officer is responsible for training county personnel and the purchase of their weapons. The County's handgun inventory is as follows: Oakland County Sheriff's Department Oakland County Security Division Oakland County Friend of the Court Oakland County Animal Control Oakland County Treasurer's Office Model 66 357 Meg 4" barrel - 1E1 Model 66 357 Nag 2 12" barrel - 4E Model 67 38 Special - 30 Model 66 357 Meg 4" barrel - 3E Model 66 357 Meg 2 11" barrel - 7 Model 67 38 Special - 12 Model 66 357 Meg 4" barrel - 1 Model 60 38 Special 21/2" barrel - Five Model 66 weapons with 2 11 inch barrels and eight Model 66 weapons with 4" barrels have been ordered to issue when a weapon is brought in for repair or to issue to a new employee. Pursuant to Resolution 47482, adopted by the Board of Commissioners on March 18, 1975, the following proposed Procedure for Handling County Weapons and Training Armed County Personnel are submitted for approval. ORDERING OF WEAPONS: A. Once an individual is employed in such a capacity that requires he carry a firearm, the Range Officer will issue him a weapon from those weapons held in stock. Page 2. ISSUING WEAPONS: A. Once a new weapon has been received by the Range Officer, he will properly register it with the State of Michigan, in the name of Oakland County. The Registration Card on all County owned weapons will be maintained at the Range. Once the pistol has been registered, it is then disassembled, the heavy packing oil is cleaned out r the_ weapon is inspected and checked for defects, (whiCh are sometimesIbund) these - e are repaired, and corrected if _necessary - C. When the weapon is issued, the weapon will be assigned an Oakland County-Identification number which will be stamped-on the frame, and a corresponding number filed at the range. D. Employee's receiving the weapon sign for same and are instructed . on maintenance, handling, etc. • • E. The weapon may not be removed from the range until the employee is trained and qualified. F. No county weapon will be .surchased or disposed of without recommendation of the Department Head and authorization of the Range Officer and Purchasing Department. G. It shall be the responsibility of the Department Head to determine the fieed for a subordinate te carry a weapon. T' MAINTENANCE RECORD: A. The Range Officer will maintain a personal file indicating the serial number, county identification number, department to which issued, and individual, as well as maintenance records on all - County owned weapons. WEAPONS INSPECTION: A. All personnel issued a weapon must report to the range once a month (time required is never more than fifteen minutes on the range) for training. Upon report the Range Officer checks the weapon for .malfunctions: and makes repairs if necessary. C. Once every six months the weapon is completely stripped by the Range personnel, checked, cleaned, oiled, and restored to factory specifications. TRAINING RECORDS: A. All County Personnel issued weapons will be required to train at ' the Sheriff's Department Range at which time his name and depart.;-, ment will be recorded. TRAININGi Page 3. B. Training records will consist of date of training, training given, and status of classification. C. When an officer is qualified, his name is submitted together with his .classification to the National Rifle Association for proper. recording. Do Should an employee or an officer shoot a person and there is . question as to whether he was properly trained and qualified, books and records-en _be- subpoenaed. The.N.R.P.-willaiat_no Cost 60 the -Coun'Ey, suad a -renreSentative with their records. This offers some protectron to the County in a lawsuit. All Oakland County Personnel whose duties require the carrying of a weapon, are required to participate in the Firearms Training Program. Each individual that has been issued a handgun or is required to carry a weapon while performing his duties will report to the Firearms Training Officer at the Sheriff's Department Range once each month. A. Individuals are required to qualify on the prescribed qualification course a minimum of three times per year. 1. There shall be four (4) qualification months within the calendar year. a 2. Failure to qualify in two (2) consecutive "qualification months" will result in the individual surrendering his weapon to the Range Officer at the end of the month. 3. If an individual fails to qualify during a qualification month, he will be allowed two (2) additional attempts during said qualification month with county furnished ammunition. 4. If an individual requires additional onportunities to . qualify during the qualification month beyond the three (3) attempts provided by the County, he may do so by appointment with the Range Officer, although he must provide his own =munition. B. Individuals issued a weapon are required to keep it clean and in good condition and not abuse it in any way. C. If an issued weapon is in need of repairs, it will be taken to the Range Officer. At no time will the individual disassemble it or attempt to repair same. D. Individuals may turn weapons into the Range for safekeeping while on vacation or extended leave. E. Individuals are required to show their weapon to their super- visor or the Range Officer for inspection when requested. . A -second or pocket gun, either_ a semi-automatic pistol or a revolver, may be carried while on thity_providing . it is completely concealed.. " I- Revolvers manufactured after 1938. ' a. Smith and Wesson b. Colt C. Ruger . Dan Wesson e. Charter Arms a. Smith and Wesson b, Colt c. Walther d. Indian Arms e. Mauser f. Browning F.M. g. Star h. Sauer and Sohn i. Deutdh-Werke (Ortgie Pt.) j. Beretta k. Bernardellie U.S.A. Model 1. Llama m. O.M.C. a. .380 b. .38 Super o. .38 Special d. .357 Magnum e. .38 S&W f. 9 mm g.• .45 h. .22 Magnum Page 4. F. Weapons presented to the Range Officer for inspection will be unloaded on the Range or prior to entering the Law Enforcement Complex and will be submitted to the Range Officer in an unloaded condition. G. Individuals will not carry anything but issued County weapons or a weapon inspected and approved by the Department Head and - Range Officer-after the individual has-qualified with the Weapon.- 2. Semi-automatic pistols manufactured after 1934. 3. Acceptable calibers I. The weapon must be inspected and authorized for use by the Range Officer. Once a weapon is authorized, a card will be issued . stating make, caliber, and serial number of weapon. This card should be carried by the individual to whom it is issued. J. Second guns will be inspected and certified once every six months by the Range Officer or assistant and such date shall be indicated on weapons card carried by individual. K. Weapons to be stored at the jail will be unloaded either in the - sand box, located near the door to the garage, or at the range.. W.) other location is acceptable. 1. The only acceptable procedure for handling weapons when reporting for Firearms Training is to unload and load the weapon on the range proper with the muzzle of the weapon pointed down range. Page 5. L. Individuals will carry only ::rescribed ammunition in their departmental weapons. Ammunition for a second gun will be standard factory loads and will be approved by the Range Officer and Department Head. No modification will be permitted. M. All- members. of the County era required to handle firearms in _ 'Conformation with rules and -safety and good judgement_ Careless hanciling is a violation of safety rules and will subject the _ jnaividliA I to disciplinaxy attion, Any accidental discharge -h1 I fie: deemed- prima fie evidence of -careless handling unless-di:re to a malfUnntion,iocamented_by_the_Range Officer- -- • Should -repair-, modification or alteration be made to an appxbved private weapon, the weapon shall again be presented for reapproval prior to use. FIREARMS TRAINING DISCIPLINARY ACTION It shall be the policy of the County or its Representative to take the following action if any individual fails to perform cr follow any of the aformentioned regulations without having an authorized exemption. , All reQuests for exemptions shall be presented to the Department Head, who will make the determination as to the validity and notify the Range Officer in writing. FIRST OFFENSE: — - - - The first time th6 individual fails to report to the range Rir the monthly training, the Range Officer shall report it to the individual's Supervisor in writlng. SECOND OFFENSE: The second time an individual misses the monthly training -, the Range Officer shall report it to the individual F s Supervisor in writing. THIRD OFFENSE: The third time an individual misses the monthly training, the Range Officer will recall the individual's weapon, and notify the Department Head of the action This should not be construed to imply that the offenses must be in consecutive months. Fmnm Russ Martin, Budget Division To: Bob Chisholm _Public Services Subject: Purchase of County_Weapons - Gun Control Please be advised a County issued Smith and Wessen 357 Magnum costs approximately $135.00. Considering seven County personnel, exclusive of the Prosecutor's Office, currently are carrying their personal weapons on County. A cost of $945.00 would be incurred if all seven were issued a County weapon. The seven are as follows: (3) Three Veteran Counselor III (1) One Deputy Treasurer (1) One Court Service Officer in Reimbursement (1) One Senior Auditor (1) One Manager of Auditing Obviously if it were determined any of the seven should not carry a weapon, cost would be reduced accordingly. As near as can be determined, between sixteen (16) and twenty (20) individuals in the Prosecutor's Office are authorized by the Prosecutor to carry weapons. Cost for supplying County weapons to these sixteen (16) to twenty (20) individuals would be between $2,160.00 and $2,700.00. Thus supplying all County personnel authorized to carry a gun on the job would be between $3,105,00 and $3,645.00„ Should you have any further questions, please contact me. co: James Brennan Director Management & Budget CUM CARMING COUNTY EMPLOYEES Compiled. By: Debbie Blonder Personnel Technician No -Animal Control [ Animal Control Officer No Yes No 9 1 37 4 4 No Yes J No No Yes No Yes No No 1 Yes* Yes* i I No** ! Yes No No i Yes No i I -4. —I- , No i Yes I No 1 1 H— —.— No Yes No 1 [ Chief Animal Control Officer Assistant Animal Control Officer Director of Animal Control Treasurer f Deputy Treasurer Securities Clerk Security Security Officer Shift Leader I Shift Leader II No Yes 7 No -4 Manager of Security No Yes 4*** Veterans' Services Assistant Manager of Security Veterans' Counselor TTT Yes No No No No Yes No Sheriff Sheriff No 5 No . Yes No Yes 3 No Undorsheriff Captain. Date .: May 17, 1978 DEPARTMENT/ DIVISION # IN MENTIONED IN COUNTY 1PERSONAL CLASSIFICATION !CLASSIFICATION LJOB DESCRIPTION !ISSUED GUN GUNS *one (1) County owned *one (I) personally owned *Noted in minimum requitements'. for the job three. (3) carry weapons; one (1) does not only No No Yes No Yes No 10 1 1 2** No No No -- No No -2- DEPARTMENT/ 1 # IN MENTIONED IN 1 COUNTY iPERSONAL i - DIVISION CLASSIFICATION CLASSIFICATION LIM; DESCRIPTION IISSUED GUN I GUNS Sheriff (con't) , Lieutenant 5 No Yes No Sergeant I 12 I No Yes No 22 No Yes Yes* _ Sergeant - Range & Property : 1 I No • Yes No I Sergeant. - Corrections 8 No Yes No F, Sergeant-Training I No Yes No i ---fl ---, Sergeant,- W/S 1 ! No Yes . . No Arson Investigator 2 No Yes , 1 . , I Patrol Officer 105 No Yes , • H _ 1 Patrol Officer Trainee 10 ; - N o - Yes No _ . 1 Corrections • Officer 25 , No Yes I Detention Officer i No Yes i Detective Sergeant 105 2 Yes* Y -.5* • i Patrol Officer Trainee ; 79 I 79 Friend of the Circuit Court Service Officer Court i Chief Court Service Officer-TOO Circuit Court Service Officer i Manager of Auditing Senior Auditor *One (1) is using personal weapon. **(nly one (1) carries weapon Reimbursement Auditing DEPARTMENT/ DIVISION Law Enforcement Mgr. of Criminal justice Grants & # IN rMENTIONED IN i COUNTY P11:1R.SONAT,, - CLASSIFICATION ;CLASSIFICATION JOB DESCRIPTION LISSUED GUN i GUNS 15 No No N.es ves Yes Yes Yes -3- Assistance Adm, Planning Prosecutor Investigator Chief of Criminal Investigation Senior Trial 'Lawyer Prosecutor I Chief Assistant Prosecutor No I No No No 2 Nh No No 1. 1- ; No No i *P rosec utor No *Prosecutor no response to request for is Formation Personnel Department estimates Chief Assistant Prosecutor. GUN CARRYING COUNTY EMPLOYEES _ ANImAJ CONTROL We--ons are carried by the Animal Control Officers Chief Animal Control Officer, Assistant Control Officer, and Director of Animal Control, The Animal Control Officers and Assistant Chief Animal Control Officer are responsible for impounding stray, sometimes vicious, animals, Under the present organizational structure, the Director of Anmal Control and the Chief Animal Control Officer may be called upon on weekends or to handle emergency situations involving stray or wounded animals It is recommended that all above mentioned classifications continue to carry weapons when appropriate. The functions of this division as well as its organizational structure are presently being studied by the Advanced Program Croup, and with the completion of the divisional study it may be recommended that the Director of Animal Control and the Chief Animal Control Officer no longer carry a weapon. TREASURER - The Deputy Treasurer and the Securities Clerk carry firearms. Both of these classifications are responsible for the transporting of large amounts of County funds and securities to and from local financial institu- tions and/or other County departments, VETERANS SERVICES - Some of the Veteran's Counselors III are presently carrying personal weapons. Part of their job function entailsi -the transporting of mentally ill patients to various psychiatric facilities throughout the state. The Veteran's Transportation Program is presently being reviewed by the Manager of Veteran's Services in conjunction with the Budget Division itis recommended that no policy change regarding the use of weapons in this area be initiated until the transportation study is completed- REIMBURSEMENT - A Circuit Court Service Officer presently carries a personal weapon in this division. The person filling the position is deputized by the Sheriff's Department and is responsible for making calls. on Circuit Court defendants who have been convicted of felonies for the purpose of effecting reimbursement collection orders or serving papers processed by the Circuit Court. SHERIFF'S DEPARTMENT - The classifications in the Sheriff's Department that carry weapons are Sheriff, Undersheriff, Captain, Sergeant, Detective Sergeant, Sergeant - Range & Property, Sergeant - Corrections., Sergeant - Training, Sergeant - Water Safety, Arson Investigator, Patrol Officer, Patrol Officer Trainee, Corrections Officer, and Detention Officcr„ These classifi- cations are filled by individuals deputized with the power of arrest. Correc- tions Officers and Detention Officers carry weapons when transporting priso- ners to court appearances, and while assigned to hospital watches, FRIEND OF THE COURT - Court Service Officer Friend of the Court and Chief . „ _ _ Court Service Officer - Friend of the Court carry weapons These employees serve Circuit Court bench warrants and other legal papers in non-support, divorce and separation cases under the Friend of the Court's jurisdiction. They are responsible for the location of designated individuals for whom. a warrant has been issued; serve such Court documents; take the individr.-1. into custody; and carry out necessary procedures associated with the transfer of the violator to the County Jail and the subse,euent commitment until a court hearing is set. They escort the violator to the show cause hearing on the date of arraignment and are responsible for the security - of the violator during the hearing and, if so ordered by the Court ; return to the detention_ facility. These employees may be designated to travel to outs -Late locationa for the purpose of escorting individuals, taken into custody by other juris- dictions, back to Oakland County and also to provide protection services when alimony monies collected by the Friend of the Court axe to be deposited in financial institutions. PROSECUTOR'S - The Prosecutor's office did not respond to our request for information. However, it is estimated that there are prcently 19 coyeas carrying personal firearms in the Prosecutor's office. MITT, has ruled that the Prosecutors Investigators are subject to the sane hazards as Police Officers The County has filed an intent to appeal this ruling Thore are currently fifteen (15) Prosecutors Investigators carrying weapons. It is possible that the Chief of Criminal Investigations, the Senior Trial Lawyer in the Organized Crime Strike Force, the Prosecuting Attorney, and Chief Assistant Prosecutor carry weapons, but we are unable to confirm this information- - The Security Officers, Shift Leaders I, Shift Leaders II, Assistant Manager of Security, and Manager of Security carry weapons. These classifications are deputized by the Sheriff's Department and are charged with the responsibility of the security of all County owned, and or operated property, as well as the safety and well being of persons on that property. LAW ENFORCFMNT ASSISTANCE ADMINISTRATION - The Yanager of Crim4nal Justice Grants and Planning has a concealed weapons permit and carries a personal weapon for "personal protection," His job functions do not require knowledge, use, or the availability of a weanon, The c-Thyas in this position contends that his former employment with the Narcotics Enforcement team has put him in jeopardy necessitating means of perso,Aal protection. . #8493 June 1, 1978 Moved by Hoot supported by Roth the resolution be adopted. AYES: Daly, DiGiovanni, Doyon, Fortino, Gorsline, Hoot, Kasper, Kelly, Lanni, McConnell, McDonald, Moffitt, Moxley, Murphy, Pernick, Peterson, Price, Roth, Simson, Aaron. (20) NAYS: None. (0) A sufficient majority having voted therefor, the resolution was adopted. STATE OF MICHIGAN) COUNTY OF OAKLAND) I, Lynn D. Allen, Clerk of the County of Oakland and having a seal, do hereby certify that I have compared the annexed copy of Miscellaneous Resolution #8493 adopted by the Oakland County Board of ...... ................ ... ..... “-¢•0•1•0.0••••• •n ••••••• a •0P•a•PB Commissioners at their meeting held on June 1, 1978 .................. •0•000"0••eeR••••te•eeeneeeme•e"...c.omeee .•.••*.e••e• with the original record thereof now remaining in my office, and that it is a true and correct transcript therefrom, and of the whole thereof. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County at Pontiac, Michigan this. 1 st ... — ....day of.— June ..... ..19„,?8 Lynn D. Allen....... ....... ........Clerk By •eae.0.0.17••e••n •••n p•O •••0•00.0.• Deputy Clerk