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DATE:
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COUNCIL AGENDA REPORT
FEBRUARY 11, 2013
MAYOR AND TOWN COUNCIL
GREG LARSON, TOWN MANAGER
MEETING DATE: 02/11/13
ITEM NO:
DESK ITEM — c
SUBJECT: DISCUSSION OF POLICY ISSUES AND DIRECTION REGARDING
FIREARM SALES IN LOS GATOS AND CONSIDERATION OF
REGULATIONS ON THE SALE OF FIREARMS AND AMMUNITION
(CONTINUED FROM FEBRUARY 4, 2013)
After the staff report addendum was prepared for this continued agenda item_ , the following
additional information was received and/or requested.
Advisory Vote /Public Election
The Addendum contains cost estimates for an advisory election as provided by the Santa Clara
County Registrar of last week. Today, Monday, February 11, the Registrar of Voters contacted
the Town and reported that they had miscalculated the costs previously. The Registrar of Voters
now indicates that an advisory election on June 4, 2013 would cost $344,000 and a mail -only
ballot election on August 27, 2013 would cost $209,000, down from $650,000 and $380,000
respectively.
Town of Los Gatos — Outside Employment Policies and Procedures
Town policy requires employees to request approval to engage in any outside employment. The
approval of outside work is delegated by the Town Manager's Office to Department Directors
and approved requests are maintained in the employee's departmental personnel file. Human
Resources assists departments to evaluate concerns with regard to actual or perceived conflicts
related to outside work.
Reviewed by: M Assistant Town Manager 4 Town Attorney Finance
NAMGRAdminWorkFilesl90U Council RepmtsWeb. 4 and Feb. I I Council MeetingTireamis.Desk.Item.C. Feb.1 Ldocx
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: DESK ITEM - FIREARMS SALES
February 11, 2013
Outside Employment is covered in multiple Town documents as follows (Attachments 15a., b.,
c., d.):
15.a Personnel Rules and Regulations Section 16.4 (August 1994)
15.b Employee Application Form and General Guidelines (February 2007 & 2008)
15.c POA Memorandum of Understanding Section 37 (adopted January 1, 2008 and
extended through June 30, 2013); similar language exists in TEA and AFSCME
memoranda of understanding.
15.d Los Gatos Monte Sereno Police Department Policy 1040 (updated November 2012)
Regulatory Framework for Los Gatos Commercial - Industrial Zone
Per Council request, attached is a draft Regulatory Framework (Attachment 16) identifying
current and potential federal, state and local controls related to general and firearms- related
retail, repair, instruction and assembly /manufacturing. This document is draft in that several
areas require further research and verification.
Attachments
Attachments 1 through 3 — previously received with February 4 staff report:
1. Letter from Donald Kilmer received January 30, 2013.
2. Public Comments received January 25, 2013 through 12:00 p.m. January 31, 2013 in
support of firearm sales (e -mails and letters).
3. Public Comments received December 5, 2012, through 12:00 p.m., Thursday, January 31,
2013 in opposition of firearm sales (e -mails and letters).
Attachments 4 and 5 — previously received with February 4 Desk Items `a' and `b':
4. Public 'Comrri tits received 12:01 p.m., January 31, through 3:00 p.m., Monday, February
4, 2013 in support of firearms sales (e -mails and letters).
5. Additional doeume its as per Vice Mayor Leonardis' request
Attachments — previously received with February 11 staff report:
6. Information from Greg Larson handed out at February 4, 2013 meeting (requested by
Vice Mayor Leonardis after distribution of 'February 4 Desk Items)
7. Power Point presentation of February 4, 2013
8. Detailed Chronology — Opening of Templar Business
9. Federal Firearms License application 9 -77- 085 -X, June 18, 2012 (Addendum section
2.E.)
10. Items of Interest Memo to Council dated August 31, 2012
11. Letter dated and received February 6, 2013 from Donald Kilmer
12. Public Comments received after 3:00 p.m. February 4, 2013 through 12:00 p.m. February
8, 2013 in support of firearm sales (e -mails and letters).
13. Public Comments received after 3:00 p.m. February 4, 2013 through 12:00 p.m. February
8, 2013 in opposition of firearm sales (e -mails and letters).
14. Miscellaneous Public Comments received after 3:00 p.m. February 4; 2013 through 12:00
p.m. February 8 (e -mails and letters).
PAGE
MAYOR AND TOWN COUNCIL
SUBJECT: DESK ITEM c - FIREARMS SALES
February 11, 2013
Attachments — received with this Desk Item "c ":
15. Town of Los Gatos - Outside Employment Policies and Procedures
15.a Personnel Rules and Regulations Section 16.4 (August 1994)
15.b Employee Application Form and General Guidelines (February 2007 & 2008)
15.c POA Memorandum of Understanding Section 37 (adopted January 1, 2008 and
extended through June 30, 2013); similar language exists in TEA and AFSCME
memoranda of understanding.
15.d Los Gatos Monte Sereno Police Department Policy 1040 (updated November 2012)
16. Regulatory Framework for Los Gatos Commercial- Industrial Zone
Town of Los Gatos Personnel Rules and Regulatlons
August 1, 1994
16.2 OUTSIDE EMPLOYMENT
A Town employee shall not engage In any employment, enterprise, or outside activity which Is In
conflict with his /her duties, functions, responsibilities, or the department by which he Is employed,
nor shall he engage In any compensatory outside activity which will directly, or indirectly, contribute
to the lessening of his effectiveness as a Town employee.
Authorizatinn
a. Any employee wishing to engage in an occupation or outside activity for compensation
shall Inform the department head of such desire, providing Information as to the time
required and the nature of such activity, and such other Information as may be required;
and the department head shall determine whether or not such activity Is compatible with
the employee's Town employment.
b. It the department head determines such activity is compatible, he may authorize the activity
In writing using the 'Outside Employment Farm' and shall send a copy to the Personnel
Officer or designee and the Town Manager.
C, Said authorization shall be valid only for the work and period prescribed therein.
Determination of Inconsistent Activities
In making a determination as to the consistency or Inconsistency of outside activities, the
department head'shafl consider, among other pertinent factors whether the activity:
S. Involves the use far private gain or advantage of Town time, facilities, equipment, and
supplies, or the badge, uniform, prestige, or Influence of one's Town office or employment;
b. Involves receipt or acceptance by employee of any money or other consideration from
anyone other than the Town for the performance of an act which employee, N not
performing such act, would be required or expected to render in the regular course of his
Town employment or as a part of his duties as a Town employee;
C. Involves the performance of an act In other than his capacity as a Town employee which
act may later be subject directly or Indirectly to the control, Inspection, review, audit, or
enforcement by such employee or the department by which he Is employed;
d. Involves conditlons or factors which would probably directly or Indirectly lessen the
efficiency of the employee In his /her regular Town employment or conditions M which there
Is a substantial danger of Injury or illness to the employee.
Ravocatio n
Permits may be issued for such length of time as noted in the permit, and ail permits areaubject
to revocation by the department head or the Town Manager.
Use of Town Enuioment Prohibited
No Town -owned equipment, autos, trucks, instruments, tools, supplies, machines, or any
other hem which is the property of the Town shall be used by an employee while said
employee Is engaged In any outside employment or activity for compensation, or otherwise,
except upon prior written approval of the Town Manager.
No employee shall allow any unauthorized person to rent, borrow, or use any of the items
-40-
mentioned In (a) above, except upon prior written approval of the Town Manager.
ATTACHMENT 15.10t
Town of Los Gatos
APPLICATION TO ENGAGE IN
OUTSIDE EMPLOYMENT
For Calendar Year: ❑ New Request ❑ Renewal
Last Name; First Name; MI:
Department:
Job Title: Telephone:
Description of Outside Work
Type of Business:
Name of Business:
Job Title:
This request is ❑ Approved ❑ Not Approved
Telephone:
Period of Employment:
From To
No. of Hours Worked:
❑ Daily ❑ Weekly ❑ Monthly ❑ Annually
State why you believe this outside work does not interfere with your Los Gatos position:
Employee Signature: Date:
This request is ❑ Recommended ❑ Not Recommended
Supervisor Signature:
Date:
This request is ❑ Approved ❑ Not Approved
Department Director Signature:
Date:
Cc: Supervisor
Personnel Rle (HR)
Human Resources/ updated February 2007
ATTACHMENT 15,10
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t
`os GAMS Town of Los Gatos
OUTSIDE EMPLOYMENT
What You need to know if you are considering outside employment
• You should not engage in outside employment if it conflicts with your current
duties.
• If you are wishing.to engage in outside employment, you should inform your
department's head and provide information regarding the nature of the
activity you intend to perform.
• You must complete the Application To Engage In Outside Employment and
submit it to your department's head for approval.
• The Department Director will determine if the outside employment request is
compatible with Town policy.
• The permit for outside employment is approved for a limited period and must
be renewed upon expiration. The approval may be revoked by the
Department Director or Town Manager at any time a conflict of interest is
determined.
• Violation of Town Policy is subject to disciplinary action up to and including
termination.
When considering the request the Department Director will deny any request for
outside work
• The activity involves the use of private gain or advantage of Town time,
facilities, equipment, or supplies.
• The employee is to accept any compensation from anyone other than the
Town for performing an activity that would be performed during their
employment with the Town.
• The outside work involves conditions which would directly or indirectly cause
the employee to be less effective in their employment with the Town.
• The outside work poses a substantial risk of injury or illness to the employee.
Human Resources / February 2008
Town of Los Gatos and Los Gatos Police Officers' Assoclation
Memorandum of Understanding January 1, 2008 — June 30, 2011 and extended through June 30, 2013
37. Outside Employment
Outside employment shall be subject to approval of the Chief of Police and the Town Manager,
subject to the following limitations: no security work within Town limits; no use of Los Gatos
uniform, badge, ID, or LG issued items; vacation or CTO to be used for court appearances
resulting from private employment. Approval must be obtained prior to engaging in the outside
employment and shall be renewed prior to July 1 of each year.
ATTACHMENT 15, G
CU1KVNT 1W 11 ICE l VOL
Los Gatos /Monte Sereno Police Department
Policy Manual
Outside Employment
1040.1 PURPOSE AND SCOPE
In order to avoid actual or perceived conflicts of Interest for departmental employees
engaging In outside employment, all employees shall obtain written approval from the Chief
of Police prior to engaging in any outside employment, Approval of outside employment
shall be at the discretion of the Chief of Police in accordance with the provisions of this
policy.
1040.1.1 DEFINITIONS
Outside Employment - Any member of this department who receives wages,
compensation or other consideration of value from another employer, organization or
Individual not affiliated directly with this department for services, product(s) or benefits
rendered. For purposes of this section, the definition of outside employment includes
those employees who are self - employed and not affiliated directly with this department for
services, product(s) or benefits rendered.
Outside Overfime - Any member of this department who performs duties or services on
behalf of an outside organization, company, or individual within this jurisdiction. Such
outside overtime shall be requested and scheduled directly through this department so
that the Department may be reimbursed for the cost of wages and benefits.
1040.2 OBTAINING APPROVAL
No member of this department may engage in any outside employment without first
obtaining prior written approval of the Chief of Police. Failure to obtain prior written
approval for outside employment or engaging in outside employment prohibited by this
policy may lead to disciplinary action.
In order to obtain approval for outside employment, the employee must complete an
Outside Employment Application (Town Form #MGR 005) which shall be submitted to the
employee's immediate supervisor. The application will then be forwarded through channels
to the Chief of Police for consideration.
If approved, the employee will be provided with a copy of the approved permit. Unless
otherwise indicated in writing on the approved permit, a permit will be valid through the end
Df the calendar year in which the permit is approved. Any employee seeking to renew a
permit shall submit a new Outside Employment Application in a timely manner.
Any employee seeking approval of outside employment, whose request has been denied,
shall be provided with a written reason for the denial of the application at the time of the
denial Penal Code § 70(e)(3)).
1040.2.1 APPEAL OF DENIAL OF OUTSIDE EMPLOYMENT
If an employees Outside Employment Application is denied or withdrawn by the
Department, the employee may file a written notice of appeal to the Chief of Police within
ten days of the date of denial.
If the employee's appeal Is denied, the employee may file a grievance pursuant to the
procedure set forth in the current Memorandum of Understanding (MOU).
Adopted: 2012111105 ®1995 -2012 Lexipol, LLC
Outside Employment - 422
ATTACHMENT 153
Los Gatos /Monte Serreno Police Department
Policy Manual
Outside Employment
104D.2.2 REVOCATION /SUSPENSION OP OUTSIDE EMPLOYMENT PERMITS
Any outside employment permit may be revoked or suspended under the following
circumstances:
(a) Should an employee's performance at this department decline to a point where it
is evaluated by a supervisor as needing improvement to reach an overall level of
competency, the Chief of,Police,may, at his, or her discretion, revoke any previously
approved outside employment permit(s).. That revocatim will stand until. the
employee's peformancs:has ,,been reestablished at a ,,satisfactory. level and his /her
supervisor recomrnenos.remstatement or me Pursue employment permit
(b) Suspension or revocation of a previously approved outside employment permit may
be Included as a term or condition of sustained discipline
(c) if, at any time during the term of a valid outside employment permit, s employee's
conduct or outside employment boriflicts with the provisions of department policy, the
permit may be suspended or revoked
(d) When an employee is unable td perfgrin at a. full duty capacity due to an, injury or
other condiition, any previously approved,outside employment permit may, be subject
to similar `restrictions as those applicable to the employee's full time duties until the
employee has returned to a full duty status
1040.3 PROHIBITED OUTSIDE EMPLOYMENT
Consistent with the provisions of Gbvernment_ Code § 1125, the Department,expressly
reserves the right to deny any Outside Employment Application submitted by an employee
seeking to engage in any activity which:
(a) Involves the employee's use of departmental time, facilities, equipment or supplies,
the ase of the, .Aepartmenf badge; uniform; prestige or influence for private gain or
advantage
(b) Involves the employee's receipt or acceptance of any money or other consideration
from anyone other than this department for the performance of an act which the
employee, If, not performing, such act, would: be required or expected to render in
the regular course or hours of eriiploymehi or as a part of the empioyeeVcluties as a
member of this department
(c) Involves the performance of an act in other than the employee's capacity as a
member of this department that may later be.,subject directly or Indirectly to the
control, Inspection, review, audit or enforcement of any other employee of this
department
(d) Involves time demands that would render performance of the employee's duties for
this department less efficient
1040.3.1 ' ` (juTSIDEtttECUPdtY'AND`PEAOE OFFICER ItMPLOYIGIENT'
Consistent with the provisions of Penal Code § 70, and because it would further create
a potential conflict of interest, no member of this department may engage in any outside
or secondary employment as a private `security guard, private investigator' or other similar
private security,positiom,
Any private organization, entity or individual seeking special services for security or traffic
control from members of this department must submit a written request to the Chief of Police
in advance of the desired service. Such outside extra duty overtime assignments will be
assigned, monitored and paid through the Department.
outside Employment - 425
Adopted: 2012/11/050 995-2012 LeApol, LLC
Los Gatos /Monte Sereno Police Department
Policy Manual
Outside Employment
(a) The applicant will be required to enter into an indemnification agreement prier to
approval.
(b) The applicantwill further be required to provide forthe compensation and full benefits
of all employees requested for such outside security services.
(c) Should such a request be approved, any employee working outside overtime shall be
subject to the following conditions:
7. The officer(s) shall wear the departmental uniform /identification.
2. The officer(s) shall be subject to the rules and regulations of this department.
3. No officer may engage In such outside employment during or at the site of a
strike, lockout, picket, or other physical demonstration of a labor dispute.
4. Compensation for such approved outside security services shall be pursuant to
normal overtime procedures,
5. Outside security services shall not be subject to the collective bargaining
process.
S. No officer may engage in outside employment as a peace officer for any other
public agency without prior written authorization of the Chief of Police.
1040.3.2 OUTSIDE OVERTIME ARREST AND REPORTING PROCEDURE
Any employee making an arrest or taking other official police action while working in an
approved outside overtime assignment shall be required to complete all related reports in a
timely manner pursuant to department policy. Time spent on the completion of such reports
shall be considered incidental to the outside overtime assignment.
1040.3.3 SPECIAL. RESTRICTIONS
Except for emergency situations or with prior authorization from the Division Commander,
undercover officers or officers assigned to covert operations shall not be eligible to work
overtime or other assignments in a uniformed or other capacity which might reasonably
disclose the officer's law enforcement status.
1040.4 DEPARTMENT RESOURCES
Employees are prohibited from using any department equipment or resources In the course
of or for the benefit of any outside employment. This shall include the prohibition of access
to official records or databases of this department or other agencies through the use of the
employee's position with this department.
1040.4.7 REVIEW OF FINANCIAL RECORDS
Employees approved for outside employment expressly agree that their personal financial
records may be requested and reviewedisud ted for potential conflict of interest pursuant to
Government Code § 3308. Prior to providing written approval for an outside employment
position, the Department may request that an officer provide his or her personal financial
records for reviewlaudit in order to determine whether a conflict of Interest exists. Failure of
the employee to provide the requested personal financial records could result in denial of
the off -duty work permit. If, after approving a request for an outside employment position,
the Department becomes concerned that a conflict of interest exists based on a financial
reason,the Department may requestthatthe employee provide his or her personal financial
records for review /audit. If the employee elects not to provide the requested records, his or
her off -duty work permit may be revoked pursuant to Pollcy Manual § 1040.2.2(c).
Outside Employment - 424
Adopted: 2012/11/0601996 -2012 Lexipol. LLC
Los Gatos /Monte Serena Police Department
Policy Manual
Outside Employment
1040.5 CHANGES IN OUTSIDE EMPLOYMENT STATUS
If an employee terminates his or her outside employment during the period of a valid permit,
the employee shall promptly, submit written notification of-such termination to the Chief
of Police through channels, Any subsequent request for renewal or continued outside
employment must thereafter be processed' and approved through normal procedures set
forth. in this policy,
Employees shall also promptly submit Inwriting fo the Chief of Police any material changes
in outside employment including any change in the number of houTa,_type of_ duties„ or
demands of any approved outslde'employm.ant. Employees who are uhceriain whether a
change in outside employment is material are advised to report the, change.
1040.6 OUTSIDE EMPLOYMENT. WHILE;,ON O SABILI.TY
Department members engaged In outside employment who are placed: cn disability leave
or modified /light -duty shall inform their immediate supervisor in. writing within five days
whether or hot they intend to continue to engage in such outside employment while on
such leave or light -duty status. The immediate supervisor shall review the duties of the
outside employment along with any related doctor's orders and make a recommendation
to the Chief of Police whether such outside employment should continue.
In the event the Chief of Police determines that the outside employment should be
discontinued or if the employee fails to promptly notify his /her supervisor of his /her
intentions regarding'theirwork permit, a notice of revocation of the member's permit will be
forwarded to the involved employee, and 's copy attached to the original work permit.
Criteria for revoking the outside employment permit Include but are'not limited to, the
following,.
(a) The outslde employment is medically detrimental to the total recovery of the disabled
member, as indicated by,the Town's professional medical advisors.
(b) The outside employment performed requires the same or similar physical' ability, as
would be required of an on -duty member,
(c) The employee's failure to make timely notice of their intentions to their supervisor.
When the disabled member returns to full duty with the Los GatcslMonts 5ereno Police
Department; a request (in Writing)- may be made to the Chief of Police`ta'restore the permit,
Outside Employment - 425
®1995 -2012 LeApoi, LLC
ATTACHMENT 15)
REGULATORY FRAMEWORK FOR LOS GATOS COMMERCIAL - INDUSTRIAL ZONE
(DRAFT - 2/11/2013)
* Under State Law, a firearms retailer may require its employees to obtain a Certificate of Eligibility (CoE) based
on a State examination to determine whether the applicant is prohibited by state or federal law from possessing,
receiving, owning or purchasing a firearm. While not required to do so, Templar states that they do require
employees to have a CoE.
** State law allows local jurisdictions to adopt regulations to conduct additional background checks of employees
and /or impose conditions on firearms retailers that require their employees to obtain a CoE.
* ** Some jurisdictions have or are considering required logs of ammunition sales and /or the same ID checks as
required statewide for firearm purchasers. State legislators announced last week a package of legislation which
might include similar new requirements statewide.
* * ** There is a Community Development Administrative Policy (effective in 2006) that allows incidental
instruction with retail sales with requirements that retail use must dominate the space, class sizes are limited to 1
instructor and 5 students at a time, and that the classes occur in the retail space. There are other restrictions
which include hours of classes and number of classes.
kTTACHMEiN' i 16
Federal
Town
Town
Proposed Changes
State
Certificate of
Firearms
Business
for Research &
Approval
Use &
License
License
Consideration
Occupancy
RETAIL SALES
General (e.g., Bike Shop)
Minsiterial
Ministerial
Firearms
X
X
Ministerial
Ministerial
CUP
Ammunition
X
X
Ministerial
Ministerial
CUP
Explosives
X
X
(Under Research)
Prohibit
Ownership /Licensees
X
X
Ministerial
Ministerial
Police Permit
Employees
*
Police Permit **
Firearms Purchasers
ID Check
Ammunition Purchasers * **
Proposed
Logs /ID Checks
Report Lost & Stolen Firearms
Dealers only
Everyone
General (e.g., Bike Shop)
Incidental
Incidental
Firearms
(Under Research)
Incidental Incidental
CUP /Permit
General (e.g., Bike Shop)
Incidental Incidental
Firearms &Ammunition
Incidental Incidental
CUP /Permit
ASSEMBLYIMANUFACTURING
General (e.g., Bike Shop)
Incidental Incidental
Firearms X X
Incidental Incidental
CUP /Permit
Ammunition X X
(Under Research)
CUP /Permit
Explosives X X
Prohibit
* Under State Law, a firearms retailer may require its employees to obtain a Certificate of Eligibility (CoE) based
on a State examination to determine whether the applicant is prohibited by state or federal law from possessing,
receiving, owning or purchasing a firearm. While not required to do so, Templar states that they do require
employees to have a CoE.
** State law allows local jurisdictions to adopt regulations to conduct additional background checks of employees
and /or impose conditions on firearms retailers that require their employees to obtain a CoE.
* ** Some jurisdictions have or are considering required logs of ammunition sales and /or the same ID checks as
required statewide for firearm purchasers. State legislators announced last week a package of legislation which
might include similar new requirements statewide.
* * ** There is a Community Development Administrative Policy (effective in 2006) that allows incidental
instruction with retail sales with requirements that retail use must dominate the space, class sizes are limited to 1
instructor and 5 students at a time, and that the classes occur in the retail space. There are other restrictions
which include hours of classes and number of classes.
kTTACHMEiN' i 16
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