2003-05-14 CC Packet - Laserfiche WebLink

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to argue this distinction, it should consult with its attorney in order to develop a well- reasoned and legally defensible policy to support such an action. Can the City prohibit employees from bringing firearms to work with them? If so, can the city discipline employees for violations? Yes, the law specifically allows an employer, public or private, to "establish policies that restrict the carry or possession of firearms by its employees while acting in the course and scope of employment." The law also allows the city to discipline employees for violations of the policy. This means that cities can establish a policy that prohibits employees from carrying or possessing fIrearms while: Working on city property Working in any location on behalf of the city Driving on city business Riding as a passenger on city business Performing emergency or on-call worl( after hours on behalf of the city Atte~ding training or conferences on behalf of the city A sample policy on this issue is included at the end of this document. The law also states that an employer cannot prohibit the lawful carry or possession of frrearms in a parking facility or parking area. F or many employees, this means that they will leave any fIrearms in their cars during the workday if the city has a policy prohibiting possession while at work. This could raise issues of security for city parking facilities. However, it may be difficult to enforce a policy against possessing a firearm at work if the employee routinely uses his or her car for city business. In this case, the city may have to allow an employee to "check" a fIrearm during the workday and retrieve it after work. The police department is likely to be in the best position to deal with the duty of checking fIrearms. This duty will require locking the fIrearms in a secure location and implementing procedures to ensure that only appropriate city staff can retrieve them. If the police department cannot perform this function, it would be a good idea to give the employee checking the firearms some basic training on how to safely handle fIrearms. The city may also find it difficult to handle situations where an employee must respond to an emergency after-hours. In this case, since the employee would be on duty, the city can probably prohibit the employee fro~ carrying a firearm in their private vehicle unless the vehicle is ~erely used to drive to a city parking lot, remains in the parking lot and is not used to respond to the call.