Can a City Council require it police chief to adopt a "shall issue" policy?

[DocSkinner]

Okay - for all the legal eagles -
Can a City Council require it police chief to adopt a "shall issue" policy? Or would that fall under the state preemption type of issue?

[hoffmang]

In a way that counties cannot directly force Sherrifs to go shall issue, city councils absolutely can force their hired chiefs to go shall issue.

-Gene

[SJgunguy24]

In a way that counties cannot directly force Sherrifs to go shall issue, city councils absolutely can force their hired chiefs to go shall issue.

-Gene

Bill Wiese for Mayor of San Jose!!!!

[DocSkinner]

In a way that counties cannot directly force Sherrifs to go shall issue, city councils absolutely can force their hired chiefs to go shall issue.

-Gene

Really? Or is there a typo in there...

I know three of us Concord City Council member candidates that are at least fire arms friendly (myself, Bob Hoag, and Paul Poston). 3 out of 5 makes a passed city law.

In light of this, why did CRPA give such short shrift to city council races in the last mailing? (the article focus on higher level offices).

Sounds like fantastic grass roots opportunity before the state steals more power from local governments.

[DocSkinner]

And this means we need more calgunners running for City Council seats across the state!

[Purple K]

This might be what tilts the scale enough for me to run.

[CCWFacts]

Really? Or is there a typo in there...

No typo. Ultimately the city council is the board of directors of the city and they can force any policies they want. I'm not sure what Gene has in mind, but I can think of several ways that a motivated city council can force the CoP to do their bidding:

• They can have the police chief removed. The details of this can depend on the contract they have with the chief, but it is certainly within their power to remove the chief and find someone else.
• They control the police budget. They can withhold funding until the police chief complies with their wishes.
• It shouldn't be necessary to take such a drastic step, but they can disband their police force if they want to.
• I'm sure Gene and others can think of some other legal leverage points.

I know three of us Concord City Council member candidates that are at least fire arms friendly (myself, Bob Hoag, and Paul Poston). 3 out of 5 makes a passed city law.

You can make it happen, regardless of what the police chief's opinion is, if you have the political will to do it. You can fire him. He works for you.

In light of this, why did CRPA give such short shrift to city council races in the last mailing?

I think that's a big mistake. City council races can often turn on a dozen votes. Motivated gun owners can make a difference.

Sounds like fantastic grass roots opportunity before the state steals more power from local governments.

Absolutely. It's a great opportunity.

[DocSkinner]

This might be what tilts the scale enough for me to run.

Start now for election 2 years from now-

And now that Jerry has come out in favor of more low level control over state control (against the DEM party, who support MORE state control of city & county governments), I can see why some powers that be supported Jerry Brown

And if those powers that be want to help Jerry with some ideas about getting education back on track, have him call me! ;-) First - no more remedial classes at CSs and UCs. When parents find out their all star doesn't get to go to a full university because the K-12 sytem failed, parents will finally pay attention to the K-12 system.

[DocSkinner]

And some of us are trying to step up - find out who and support them in your local races. They are probably not the people getting all the other endorsements and so money - never forget that endorsements usually come also with monetary contributions, as well as independent expenditures, like in Concord, the Neighborhood Alliance putting up signs of who they endorse, that candidates do not have to show as a contribution.

[AlexDD]

Just for information, Police Chiefs usually report to a City Manager. The City Manager is hired by contract by a majority of the City Council.

I recall hearing a while back, at least in one County, that the County Police Chiefs Association discussed ccw issuance and delegated or recommended delegating that authority to the Sheriff. I am not sure how that is handled within an agency whether that is a staff decision or Council took action based on a staff recommendation.

It would be interesting to know what the process is for an agency to take back issuance of its own permits.

[Fjold]

I'm working to help a friend get elected to City Council in another city. I just posted in the CCW forum for help gathering information on getting CCW issuance back under city control.

[nicki]

possibly

CProblem is cities can opt out of issuing CCW permits by going "G".

Of course that means the chief can't issue to anyone, including city council members.

That being said, we could probably get some cities to roll.

The Nordyke, Peruta and Sykes cases will probably have rulings within next 6 months, give or take 2 weeks.

Back in 1987 most states had no form of CCW permits and for most Americans open carry was not a option either.

The non problems in other states with CCW permits will help us in our court battles.

Hang in there, we really are very close to winning. Ca will have loaded carry soon. Our opponents are their own worse enemies.

Nicki

[dantodd]

It would be interesting to know what the process is for an agency to take back issuance of its own permits.

All it has to do is rescind its (g) letter (named for the statute sub-paragraph which permits the cities to abdicate their authority) If a city elects to go (g) it CANNOT issue any licenses. Which means it can't issue licenses to city bigwigs but force regular people to go to the sheriff.

12050(g) Nothing in this article shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this article.

[Rossi357]

Can the county sheriff revoke a CCW issued by a municipal PD?

[AlexDD]

Thanks Dan.

By the code cited this would be a staff decision, that of the Police Chief, not the City Council to make.

Most likely that story I heard was to then give all the Chief's cover by saying the Police Chiefs group recommended it as a best course of action.

Politics aside or not it does make it a different fight being a staff decision.


Originally Posted by CPC 12050(g)
12050(g) Nothing in this article shall preclude the chief or other head of a municipal police department of any city from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses, renewals of licenses, and amendments to licenses, pursuant to this article.