HomeMy WebLinkAboutResolutions - 2015.04.02 - 21771MISCELLANEOUS RES OLUTIONk 1 506 9 March 18, 2015
BY: Public Services Committee, Bill Dwyer, Chairperson
IN RE: SHERIFF'S OFFICE-SALE OF SHERIFF'S OFFICE COUNTY-OWNED FIREARMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS Miscellaneous Resolution #8493 adopted the County Weapons Control Policy; and
WHEREAS the county weapons policy approved the procedure for handling county weapons and training
armed county personnel; and
WHEREAS the County of Oakland Purchasing procedures authorized the sale of firearms to retiring
officers (PP-260 dated May, 1989); and
WHEREAS after review with Corporation Counsel, it was determined that only the Oakland County Board
of Commissioners could approve the sale of items that did not go to the County Auction; and
WHEREAS the Sheriff is requesting that the Oakland County Board of Commissioners approve the sale of
county-owned firearms to Sheriff's Office and all other county employees who are assigned weapons and have filed
for retirement; and
WHEREAS the Sheriff is requesting that the Oakland County Board of Commissioners approve the sale of
obsolete county-owned firearms to Oakland County Deputies at the discretion of the Sheriff; and
WHEREAS the price of the firearm will be the fair market values as determined by the Oakland County
Compliance Office, Purchasing unit; and
WHEREAS when the firearms are sold, the individual will be restricted to purchasing only two (2) of these
firearms and must sign a statement that the firearm being purchased for personal use only and not with the intent to
resell; and
WHEREAS Corporation Counsel has reviewed this policy and sale of county-owned firearms.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of Commissioners approves the
the sale of Sheriff's Office County-Owned Firearms in the manner set forth in the attached policy.
Chairperson, on behalf of the Public Services Committee, I move the adoption of the foregoing resolution.
PUBLIC SERVICES COMMITTEE
Motion carried unanimously on a roll call vote.
OAKLAND COUNTY SHERIFF'S OFFICE
Policies and Procedures
NUMBER DATE
DRAFT
SUBJECT: SALE OF SHERIFF'S OFFICE COUNTY-
DISTRIBUTION
OWNED FIREARMS
G.
REFERENCE:
POLICY
It shall be the policy of the Oakland County Sheriff's Office (OCSO) to comply with all County, State, and
Federal regulations when selling firearms to Sheriffs Office Personnel.
PROCEDURE
1.0 SALE OF DUTY FIREARMS TO RETIRING EMPLOYEE
1.1 At the time of retirement, an employee may purchase his/her duty handgun and/or his/her duty
shotgun, pursuant to BOC resolution # . No other weapons will be sold to a retiring
employee without the approval of the Sheriff or Undersheriff. The price of the firearm will be the fair
market value as determined by Oakland County Compliance Office, the Purchasing Unit. Purchasing
will submit a document to the Sheriff substantiating the fair market value.
1,2 A retiring employee will not be permitted to purchase his/her duty firearm(s) if the OCSO has
reasonable cause to believe that the retiring employee is prohibited from possessing firearms for
personal use under state or federal law or he/she is not in good standing with the County or the
Sheriffs Office upon retirement.
1.3 If the firearm is a handgun, the employee must have a valid concealed pistol license, be a federally
licensed firearms dealer or have a permit to purchase a pistol. The record-keeping requirements for
the purchase of pistols set forth in MCL 28.422 and MCL 28.422a shall be a complied with.
1.4 A receipt of the sale shall be retained by the OCSO for at least seven (7) years. All sales receipts
shall be made available for inspection to Oakland County for auditing purposes.
2.0 SALE OF OBSOLETE FIREARMS
2.1 Obsolete County-firearms that are possessed by the OCSO may be sold to current OCSO deputies at
the discretion of the Sheriff, pursuant to BOC resolution #
2.2 The price of the firearm will be the fair market value plus any replacement costs as determined by the
Oakland County Compliance Office, the Purchasing Unit. Purchasing will submit a document to the
Sheriff substantiating the fair market value.
2.3 When the weapons are sold to OCSO deputies, the individual deputy will be restricted to purchasing
only two {2} of these firearms. He / She must also sign a statement that the firearm is being
purchased for personal use only and not with the intent to resell. Straw purchases are not permitted.
POLICIES AND PROCEDURES NO. XXX
Sale of Firearms to Sheriff's Office Personnel
November 25, 2014
Page 2
2.4 When the sale is offered to OCSO deputies, the last deputy who was issued a specific firearm will
have the first option to purchase that particular firearm. If he/she elects not to purchase that firearm,
then the firearm will be placed in the sale pool. When only a pool of firearms remains, preference will
be given to those deputies with the highest rank and earliest date of hire in his/her rank for a specific
firearm.
2.5 A deputy will not be permitted to purchase firearms if the Sheriff's Office has reasonable cause to
believe that the deputy is prohibited from possessing firearms for personal use under state for federal
law and/or is not in good standing with the Sheriff's Office.
2.6 If a firearm is a pistol, the deputy must be a federally licensed firearms dealer or have either a license
to purchase or a concealed pistol license. The record-keeping requirements of MCL 28.422 and MCL
28.422a shall be complied with.
2.7 Obsolete firearms not sold to OCSO deputies shall be turned over to Central Services to facilitate its
sale to a federally licensed firearms dealer following County policy.
2.8 A receipt of the sale shall be retained by the OCSO for at least seven (7) years. All sales receipts
shall be made available for inspection to Oakland County upon demand for auditing purposes.
2.9 Weapons acquired from the U.S. Government may not be sold. Firearms returned to the Sheriff's
Office from the Michigan State Police, likewise, shall not be sold. NFA firearms shall not be sold.
Michael J. Bouchard
Sheriff
MJB/CWW/rmy/raa
Resolution #15069 March 18, 2015
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MR. #15069) April 2,2015
BY: Finance Committee, Tom Middleton, Chairperson
IN RE: SHERIFF'S OFFICE — SALE OF SHERIFF'S OFFICE COUNTY-OWNED FIREARMS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The County of Oakland and the Sheriff's Office proposes to sell Sheriff's Office County
owned firearms to retiring officers.
2. The price of the firearm will be the fair market value as determined by the Oakland
County Compliance Office, Purchasing Unit.
3. Corporation Counsel has reviewed this policy and sale of county-owned firearms.
4. A budget amendment is not required at this time.
FINA CE COMMITTEE
J /'
97/1
FINANCE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote with Matis absent.
Resolution #15069 April 2, 2015
Moved by Spisz supported by Gershenson the resolutions (with fiscal notes attached) on the amended
Consent Agenda be adopted (with accompanying reports being accepted).
AYES: Fleming, Gershenson, Gingell, Gosselin, Hoffman, Jackson, Long, Matis, McGillivray,
Middleton, Quarles, Scott, Spisz, Taub, Weipert, Woodward, Zack, Bowman, Crawford. (19)
NAYES: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the amended
Consent Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE THIS ESOLUTION
CHIEF DEPUTY COUNTY EXECUTIVE
ACTING PURSUANT TO IVICL 45.559A (7)
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on April 2, 2015,
with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this ri day of April 2015.
Lisa Brown, Oakland County