COUNTY ATTORNEY

Gloucester County Administrator's Office

Telephone 804-693-4042 P. O. Box 329, Gloucester, Virginia 23061 Fax 804-693-6004

MEMORANDUM

TO: Edwin (Ted) Wilmot, County Attorney ~

FROM: Georgette N. Hurley, Assistant County Administrator for Human Services ...-- )

Pc: Holly Smith, Commonwealth's Attorney Darrell Warren, Sheriff Brenda Garton, County Administrator Steve Baranek, Chief Animal Control Officer

DATE: October 15,2013

SUBJECT: DRAFT ORDINANCE AMENDING COUNTY CODE PROVISION GOVERNING PURCHASE OF COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS

Steve Baranek, Chief Animal Control Officer and I appreciate your timely crafting and request for input from Animal Control on the draft ordinance amending the County Code on Purchase of County Issued Handguns by Law Enforcement Officers.

While we readily acknowledge the Sheriffs Officers and Animal Control Officers are both law enforcement officials, however basic training requirements and specialty fields of work do set the two groups apart in carrying out their daily duties.

With this shared I am requesting, if appropriate, that a separate section be made in the County Code Section 22-20. Purchase of handguns by retired officers specifically addressing Animal Control Officers, as follows:

.:. The County Administrator may allow any full-time sworn Animal Control Law Enforcement Officer who retires after at least fifteen (15) years of service to purchase the service handgun issued to him/her by the County at a price equivalent of the weapon's fair market value on the date of the officer's retirement. Determination of fair market value may be made by reference to a recognized pricing guide.

ULand of the Life Worth Living"

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Page 2 - October 15, 2013 - Memorandum - Edwin (Ted) Wilmot County Attorney Re: Draft Ordinance Amending County Code Provision Governing Purchase of County

Issued Handguns by Law Enforcement Officers

.:. The County Administrator may allow any officer who at the time of retirement is a full­time sworn law enforcement officer, who retires after twenty (20) years of service, even if a position of his/her service was with another state law enforcement agency, to purchase the service handgun issued to him/her at a price of one dollar ($1.00).

•:. The County Administrator may allow any full-time sworn law enforcement officer who retires as a result of a service incurred disability or who is receiving long-term disability payments for a service incurred disability with no expectation of returning to employment to purchase the service handgun issued, or previously issued, to him/her by the County at a cost of one dollar ($1.00).

•:. The County Administrator may allow the immediate survivor of a full-time sworn law enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least fifteen (15) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00).

I do not want my comments to be taken in any manner that Animal Control Officers are less deserving of the acknowledgement for their years of service, but that they are perhaps in a different arena for consideration with longer years of tenure to warrant acknowledgement.

Additionally, if the Board adopts the amended ordinance change to be inclusive of Animal Control Officers, how might this matter be addressed so that Carl Shipley may be eligible to receive his handgun, as his retirement was effective September 1, 2013?

As to your inquiry pertaining to preference for the version of the draft to be considered, while I prefer Version #2 for the concise approach, I believe Version #1 would best serve easy reference needs for most desiring information on this topic.

Again, thank you for allowing input on the proposed ordinance addressing the purchase of County issued handguns by law enforcement officers. If I may provide more information or address further points of clarification on this matter, kindly advise me.

GNH:djb

"Land of the Life Worth Living" Page 52

Sec. 22-20. Purchase of handguns by retired officers.

The purchasing manager, with the consent of the sheriff, may allow any fulltime sworn law enforcement officer who retires after at least twenty-five (25) years of service and any auxiliary police officer who has served the county as an auxiliary police officer for at least twenty-five (25) years to purchase the service handgun issued by the county at a cost of one dollar ($1.00) for the weapon.

(Ord. of 1-5-2010)

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DRAFT – VERSION 1

AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___;

AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH

COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS

WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in

the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and

WHEREAS, the aforesaid State code section authorizes the purchase of

county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and

WHEREAS, a proposal has been forwarded to the Board of Supervisors to

expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns to the extent authorized under Virginia Code Section 59.1-148.3; and

WHEREAS, a public hearing was held on December 3, 2013 to consider

this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20

of the Gloucester County Code to allow for the purchase of County-issued service handguns by County law enforcement officers and animal control officers in the circumstances set forth in Virginia Code Section 59.1-148.3.

NOW THEREFORE BE IT ORDAINED AND ENACTED by the

Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place:

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DRAFT – VERSION 1

Sec. 22-20 Purchase of county-issued service handguns by law enforcement officers and animal control officers.

A. The sheriff may allow any full-time sworn law enforcement officer who retires (i) after at least ten (10) years of service, (ii) at seventy (70) years of age or older, or (iii) as a result of a service-incurred disability or who is receiving long-term disability payments for a service-incurred disability with no expectation of returning to employment as a law enforcement officer with the county to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00). If the previously issued weapon is no longer available, a weapon of like kind may be substituted for that weapon.

B. The sheriff may allow any full-time sworn law enforcement

officer who retires with five (5) or more years of service, but less than ten (10) years of service, to purchase the service handgun issued to the officer by the county at a price equivalent to the weapon’s fair market value on the date of the officer’s retirement. Any full-time sworn law enforcement officer who is retired for disability as a result of nonservice-incurred disability may purchase the service handgun issued to him or her by the county at a price equivalent to the weapon’s fair market value on the date of the officer’s retirement. Determinations of fair market value may be made by reference to a recognized pricing guide.

C. The sheriff may allow the immediate survivor of any full-time

sworn law enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least ten (10) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00).

D. The sheriff may allow any officer who at the time of

retirement is a full-time sworn law enforcement officer, who retires after at least ten (10) years of service, even if a portion of his or her service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00).

E. The sheriff may allow any auxiliary law enforcement officer

with more than ten (10) years of service to purchase the service handgun issued to him by the county at a price that is

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DRAFT – VERSION 1

equivalent to the weapon’s fair market value on the date of purchase by the officer.

F. The sheriff may allow any sworn law enforcement officer

currently employed to purchase his service handgun, at fair market price. This subsection shall only apply when new service handguns have been purchased for the officers, and the handgun subject to the sale is no longer used by the officer in the course of duty.

G. The privileges granted pursuant to this section shall extend to

full-time county animal control officers, subject to the approval of the county administrator, rather than the sheriff.

This ordinance is effective retroactively to July 1, 2013.

A copy teste:

________________________________________ Brenda G. Garton, County Administrator

Page 56

DRAFT – VERSION 2

AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___;

AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH

COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS

WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in

the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and

WHEREAS, the aforesaid State code section authorizes the purchase of

county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and

WHEREAS, a proposal has been forwarded to the Board of Supervisors to

expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns to the extent authorized under Virginia Code Section 59.1-148.3; and

WHEREAS, a public hearing was held on December 3, 2013 to consider

this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20

of the Gloucester County Code to allow for the purchase of County-issued service handguns by County law enforcement officers and animal control officers in the circumstances set forth in Virginia Code Section 59.1-148.3.

NOW THEREFORE BE IT ORDAINED AND ENACTED by the

Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place:

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DRAFT – VERSION 2

Sec. 22-20 Purchase of county-issued service handguns by law enforcement officers and animal control officers.

County law enforcement officers and auxiliary law enforcement officers may purchase their county-issued service handguns in the situations set forth in, and subject to the requirements of, Va. Code § 59.1-148.3, and all amendments thereto, with the approval of the sheriff.

County animal control officers may purchase their county-issued

service handguns in the situations set forth in, and subject to the requirements of, Va. Code § 59.1-148.3, and all amendments thereto, with the approval of the county administrator.

This ordinance is effective retroactively to July 1, 2013.

A copy teste:

________________________________________ Brenda G. Garton, County Administrator

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DRAFT – VERSION 3

AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE, LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ____________________, AND SECONDED BY ________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___; Ashley C. Chriscoe, ___; Christopher A. Hutson, ___; Andrew James, Jr., ___; John H. Northstein, ___; Robert J. Orth, ___; Louise D. Theberge, ___;

AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH

COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS

WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in

the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations; and

WHEREAS, the aforesaid State code section authorizes the purchase of

county-issued service handguns in situations beyond those authorized pursuant to current Gloucester County Code Section 22-20; and

WHEREAS, a proposal has been forwarded to the Board of Supervisors to

expand the circumstances in which the County may offer for sale to law enforcement officers and animal control officers their County-issued handguns; and

WHEREAS, a public hearing was held on December 3, 2013 to consider

this ordinance; and WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20

of the Gloucester County Code to expand the circumstances in which the County may offer for sale to County law enforcement officers and animal control officers their County-issued handguns.

NOW THEREFORE BE IT ORDAINED AND ENACTED by the

Gloucester County Board of Supervisors that Gloucester County Code Chapter 22, Section 22-20, is hereby repealed, and that the following provision is hereby ordained and enacted in its place: Sec. 22-20 Purchase of county-issued service handguns by law enforcement officers and animal control officers.

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DRAFT – VERSION 3

A. Law enforcement officers:

1. The sheriff may allow any full-time sworn law enforcement officer who retires (i) after at least ten (10) years of service, (ii) at seventy (70) years of age or older, or (iii) as a result of a service-incurred disability or who is receiving long-term disability payments for a service-incurred disability with no expectation of returning to employment as a law enforcement officer with the county to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00). If the previously issued weapon is no longer available, a weapon of like kind may be substituted for that weapon.

2. The sheriff may allow any full-time sworn law enforcement

officer who retires with five (5) or more years of service, but less than ten (10) years of service, to purchase the service handgun issued to the officer by the county at a price equivalent to the weapon’s fair market value on the date of the officer’s retirement. Any full-time sworn law enforcement officer who is retired for disability as a result of nonservice-incurred disability may purchase the service handgun issued to him or her by the county at a price equivalent to the weapon’s fair market value on the date of the officer’s retirement. Determinations of fair market value may be made by reference to a recognized pricing guide.

3. The sheriff may allow the immediate survivor of any full-

time sworn law enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has at least ten (10) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00).

4. The sheriff may allow any officer who at the time of

retirement is a full-time sworn law enforcement officer, who retires after at least ten (10) years of service, even if a portion of his or her service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00).

5. The sheriff may allow any auxiliary law enforcement officer

with more than ten (10) years of service to purchase the service handgun issued to him by the county at a price equivalent to the weapon’s fair market value on the date of purchase by the officer.

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DRAFT – VERSION 3

6. The sheriff may allow any sworn law enforcement officer

currently employed to purchase his service handgun, at fair market price. This subsection shall only apply when new service handguns have been purchased for the officers, and the handgun subject to the sale is no longer used by the officer in the course of duty.

B. Animal control officers:

1. The county administrator may allow any full-time sworn animal control officer who retires after at least fifteen (15) years of service to purchase the service handgun issued to him by the county at a price equivalent of the weapon’s fair market value on the date of the officer’s retirement. Determination of fair market value may be made by reference to a recognized pricing guide.

2. The county administrator may allow any full-time sworn animal control officer who retires with twenty (20) years of service, even if a portion of his service was with another state law enforcement agency, to purchase the service handgun issued to him at a price of one dollar ($1.00).

3. The county administrator may allow any full-time sworn

animal control officer, who retires as a result of a service-incurred disability or who is receiving long-term disability payments for a service-incurred disability with no expectation of returning to employment with the county as an animal control officer, to purchase the service handgun issued, or previously issued, to him by the county at a cost of one dollar ($1.00).

4. The county administrator may allow the immediate

survivor of a full-time sworn animal control officer (i) who is killed in the line of duty or (ii) who dies in service and has at least fifteen (15) years of service to purchase the service handgun issued to the officer at a price of one dollar ($1.00).

This ordinance is effective retroactively to July 1, 2013.

A copy teste: ________________________________________

Brenda G. Garton, County Administrator

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PUBLIC HEARING NOTICE Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will conduct a Public Hearing on December 3, 2013 beginning at 8:00 p.m. in the Colonial Courthouse, 6504 Main Street Gloucester, Virginia to consider the following:

AN ORDINANCE AMENDING GLOUCESTER COUNTY CODE CHAPTER 22, SECTION 22-20 GOVERNING PURCHASE OF

COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL OFFICERS

The Board of Supervisors will consider an ordinance amending Chapter 22 of the Gloucester County Code. Pursuant to Virginia Code Section 59.1-148.3, localities in the Commonwealth are authorized to permit the purchase of locality-issued service handguns by certain law enforcement officers in specific situations. The Board of Supervisors is desirous of revising Chapter 22, Section 22-20 of the Gloucester County Code to expand the circumstances in which the County may offer for sale to County law enforcement officers and animal control officers their County-issued handguns. The preceding is a summary, not the full text, of the Ordinance. It is not intended to be a comprehensive representation of all of the Ordinance provisions and does not substitute for the full text of the draft Ordinance, which is available for review at the Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on the web at www.gloucesterva.info and at both branches of the Gloucester County Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point Branch: 2354 York Crossing Drive, Gloucester Point, Virginia. All interested parties are invited to attend the hearing to express their views. Persons requiring assistance to attend the hearing should contact the Gloucester County Administrator’s office at (804) 693-4042.

Brenda G. Garton, County Administrator

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AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS, HELD ON WEDNESDAY, NOVEMBER 6, 2013 AT 7:00 P.M., IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A MOTION DULY MADE BY ___________________ AND SECONDED BY _____________________ THE FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:

Carter M. Borden, ___ Ashley C. Chriscoe, ___ Christopher A. Hutson, ___ Andrew James, Jr., ___ John H. Northstein, ___ Robert J. Orth, ___ Louise D. Theberge, ___

RESOLUTION AUTHORIZING THE CLERK TO ADVERTISE A PUBLIC

HEARING TO CONSIDER AMENDMENTS TO CHAPTER 20 OF THE GLOUCESTER COUNTY CODE GOVERNING PURCHASE OF COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS

AND ANIMAL CONTROL OFFICERS

WHEREAS, the Gloucester County Board of Supervisors desires to set a public hearing to consider amendments to Chapter 22 of the Gloucester County Code governing purchase of county issued handguns by law enforcement officers and animal control officers;

NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board of Supervisors that the Clerk is directed to advertise, in a newspaper of general circulation, a public hearing notice for a public hearing to be held in the Colonial Courthouse located at 6504 Main Street on Tuesday, December 3, 2013 at 8:00 p.m., to consider amending Chapter 22 of the Gloucester County Code.

A Copy Teste: ______________________________________ Brenda G. Garton, County Administrator

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