Full Text
Policy 220 Anaheim Police Department Policy Manual Retired Officer CCW Endorsements 220.1 PURPOSE AND SCOPE The purpose of this policy is to outline the process and conditions associated with the issuance, revocation, and denial of a concealed weapons (CCW) endorsement for retired officers of this Department including those officers re-hired as Civilian Investigators. 220.2 QUALIFIED RETIREES Any full-time sworn officer of this department who was authorized to, and did, carry a concealed firearm during the course and scope of his/her employment shall be issued an identification card with a CCW Approved endorsement upon honorable retirement (Penal Code § 25455). For the purpose of this policy, honorably retired includes all peace officers who have qualified for, and accepted, a service or disability retirement, however, shall not include any officer who retires in lieu of termination. No CCW Approved endorsement shall be issued to any officer retiring because of a disability (Penal Code 26305). 220.3 MAINTAINING A CCW ENDORSEMENT In order to maintain a CCW Approved endorsement on an identification card, the retired officer shall (Penal Code § 26305): Qualify annually with the authorized firearm at a course approved by this department at the retired officer's expense. Remain subject to all department rules and policies as well as all federal, state and local laws. Only be authorized to carry a concealed firearm inspected and approved by the Department. 220.4 CARRYING FIREARMS OUT OF STATE Subject to 18 United States Code 926C and Policy Manual § 312.8, qualified retired officers of this Department may be authorized to carry a concealed weapon in other states. 220.5 IDENTIFICATION CARD FORMAT The identification card issued to any qualified and honorably retired officer shall be two inches by three inches and minimally contain the following (Penal Code § 25460): Photograph of the retiree. Retiree's name and date of birth. Date of retirement. Name and address of this department. A stamped endorsement CCW Approved along with the date by which the endorsement must be renewed (not more than one year). In the case in which a CCW endorsement has been denied or revoked, the identification card shall be stamped No CCW Privilege . Retired Officer CCW Endorsements - 32 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Retired Officer CCW Endorsements If applicable, a notation that "This person is in compliance with 18 USC § 926C(d)(1)." 220.6 DENIAL OR REVOCATION OF STATE CCW ENDORSEMENT The CCW endorsement under Penal Code § 25470 for any officer retired from this department may be denied or permanently revoked only upon a showing of good cause. Any denial or revocation under this section shall also be considered disqualification under 18 USC § 926C(d). The CCW endorsement may be immediately and temporarily revoked by the Watch Commander when the conduct of a retired peace officer compromises public safety. Good cause, if challenged, shall be determined in the following manner: In the event that a CCW endorsement is initially denied, the retired officer shall have 15 days from the date of denial to request a formal hearing. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received. Prior to revocation of any CCW endorsement, the Department shall provide the affected retiree with written notice of a hearing by either personal service or first class mail, postage prepaid, return receipt requested to the retiree's last known address (Penal Code § 26315). 1. The retiree shall have 15 days from the date of service to file a written request for a hearing. 2. The hearing, absent written agreement between the parties, shall be held no later than 120 days after the request is received (Penal Code § 26315). 3. The failure to submit a timely written request for a hearing shall be deemed a waiver of such right. The hearing for the denial or revocation of any CCW endorsement shall be conducted before a hearing board composed of three members, one selected by the Department, one selected by the retiree or his/her employee organization and one selected jointly (Penal Code § 26320). 1. The decision of such hearing board shall be binding on the Department and the retiree. 2. Any retiree who waives the right to a hearing or whose CCW endorsement has been revoked at a hearing shall immediately surrender his/her identification card. The Department will then reissue a new identification card which shall be stamped No CCW Privilege . 220.6.1 WATCH COMMANDER RESPONSIBILITY The Chief of Police hereby vests the Watch Commander with the authority to temporarily revoke a retirees CCW. Employees who have reason to suspect a retiree's conduct has compromised public safety should notify the Watch Commander as soon as practicable. The Watch Commander should take the following steps in these instances: Take appropriate steps to look into the matter. If the Watch Commander determines that the conduct of the retiree compromises public safety, the Watch Commander will contact the retiree in person and advise him/her in writing of the following: 1. The retiree's CCW endorsement is immediately and temporarily revoked. 2. The retiree will have 15 days to request a hearing to determine whether the temporary revocation should become permanent. Retired Officer CCW Endorsements - 33 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC ---PAGE BREAK--- Anaheim Police Department Policy Manual Retired Officer CCW Endorsements 3. The retiree will forfeit his/ her right to a hearing and the CCW endorsement will be permanently revoked if the retiree fails to respond to the notice of hearing within the 15-day period. 4. Waive right to hearing. A current copy of Penal Code § 12027.1 should be attached to the written notice. In the event that personal contact with the retiree cannot be reasonably achieved in a timely manner, the Watch Commander should attempt to make the above notice of temporary suspension through another peace officer. For example, if a retiree was arrested or detained by a distant agency, the Watch Commander may request that a peace officer of that agency act as the Department's agent to deliver the written notification. If personal service of the retiree is not available, notification of the temporary suspension shall be mailed to the retiree via first class mail, postage prepaid, return receipt requested at the retirees last known address. (Penal Code § 12027.1 The Watch Commander should document in a memo the investigation, the actions taken, and, if applicable, any notification made to the retiree. The memo should be forwarded to the Chief of Police. 220.7 CIVILIAN INVESTIGATORS Anaheim Police Department retirees who have been re-hired as Civilian Investigators with this department are permitted to carry a concealed weapon while acting in that capacity provided: They have obtained and maintain their CCW endorsement as outlined in sections 220.2 and 220.3 They do not act as a peace officer or display the weapon in a manner which could be construed as acting as a peace officer. Retired Officer CCW Endorsements - 34 Adopted: 2013/05/13 © 1995-2013 Lexipol, LLC