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6.2. ERMUSR 06-10-2003 i Elk River Municipal Utilities 322 King Avenue phone: 763.441.2020 Elk River,MN 55330 Fax:763.441.8099 May 30, 2003 To: Elk River Municipal Utilities Commission John Dietz Jerry Takle . James Tralle From: Bryan C. Adams Subject: Firearms Policy The recently passed Conceal and Carry Fire Arms legislation by our state, has caused quite a stir by the public. This legislation will require us to adopt a firearms policy, which is attached. This policy was drafted by our attorney, Ron Black. As a public entity, we cannot prohibit the public from carrying firearms onto our premises if it is done according to state statute. We can restrict our employees right to carry firearms through an adopted company policy, while they are acting in the course and scope of their employment for Elk River Municipal Utilities. Staff recommends adoption of this policy which will be inserted in the "employees handbook." For your reference, attached is a memo from Police Chief, Jeff Beahen, elaborating on this issue. Elk River Municipal Utilities Firearms Policy Elk River Municipal Utilities prohibit all employees from carrying on their person or possessing handguns while acting in the course and scope of their employment for the Utility. Carrying or possessing firearms in Utility vehicles is prohibited. Possession does not include a handgun that is properly encased and secured in the employee's vehicle. This prohibition of the carrying or possession of handguns includes but is not limited to: • Driving when on Utility business in the employee's vehicle unless the handgun is encased and properly stored in the vehicle; • Riding as a passenger in a non-utility owned vehicle unless the handgun is encased and properly stored in the vehicle; • Riding on any type of mass transit while on Utility business; • Working at any Utility or municipal building or worksite; • Working at any off-site on behalf of the Utility; • Performing emergency or on-call work at times other than normal business hours; • Working at private residences or business at anytime; • Attending training or conferences on behalf of the Utility. The carrying of a BB gun, shotgun, or rifle on or about the person in a public place is prohibited. Violations of this policy is subject to disciplinary action including termination of employment. City o, ERiver Police Department MEMORANDUM TO: All Police Employees/All City Department Heads FROM: Jeffrey A. Beahen, Chief of Police DATE: May 28, 2003 SUBJECT: Concealed Carry Law 624.714 The concealed carry law goes into effect today and as a result of that I have been getting a number of questions concerning this new law. Here are the most FAQ and the answers to same. When can Iget a permit to carry a concealed pistol? Start by submitting a permit application to the Sheriff in your County of Residence. Police Chief's can longer issue permits to carry unless they are contracted to do so by the Sheriff. A permit to carry is also good as a permit to acquire. What are the permit requirements? Must be at least 21 years of age Must complete an application form Must not be prohibited from possessing a firearm Must not be listed in the gang investigation system database Must be a resident of the county you are requesting the permit in Must provide proof of training How long does this process take? No longer than 30 days. How long is the permit valid for? 5 years How do I renew the permit? Go to the Sheriff's Office within 90 days of expiration and they will complete the process. Where is the permit valid.? Anywhere in the State of Minnesota and many other states that have concealed carry laws. What would prevent a person from carrying? Failure to meet the age,residency and training requirements as well as a conviction for a violent felony. Non-violent offenses such as car theft, burglary and damage to property do not count against you. Denial will also occur if the State Department of Human Services has a record that you were previously committed to a mental health care facility. Self-admissions or non-committed stays in mental health wards are not held against the permit applicant What is the cost? $100 Where are people prohibited from carrying a weapon? Schools and school property, public colleges and universities may restrict carry by students and employees, and private establishments if the property is posted and the establishment personally informs the person(even with the sign up) that they can't carry a weapon onto the property. Employers can also prohibit employees from carrying guns at work or while on-duty for the business/employer. Can a private person restrict firearms carry in their home? Yes,by informing the person carrying that they are not welcome in their home. What does this mean for the City of Elk River and Elk River City Employees? First, it is time to remind all employees that unless they are a licensed peace officer or authorized agent of a law enforcement organization and have the power and permission to carry a firearm—they can't carry a firearm on their person, in a City vehicle nor while working in any capacity for the City. Employees who have acquired a permit to carry, will be required to leave their weapon in the trunk of their personal vehicle prior to coming in for work. No firearms shall be brought into a City of Elk River building by any non-police employees. Second, all City buildings are government—public facilities and we cannot ban persons who have a concealed carry permit from carrying a weapon into those facilities. This includes Lions Park Center, City Hall, Council Chambers, Liquor Store, Library and the lobby of the Police Department. One way to avoid concealed carry in areas outside the general lobby areas of most of our buildings, is to declare the offices and other more private areas "non-public"and make sure that the public knows that these areas are for"Authorized personnel only". We are only required to allow concealed carry in "public" areas of public facilities. In most cases this just includes the general lobby and reception areas, council chambers,meeting rooms and other areas that are always open to the public. Private offices and areas used just by employees are considered"Non-Public Areas". Common sense dictates that this new law really does not change the way we operate, as one has to assume that those who have been issued a permit to carry will do so responsibly. What remains to be seen is what type of incidents might arise more out of fear after a weapon has been seen on a person and it is unknown if this person has a permit to carry or if perhaps this is an illegally carried weapon. This would incite additional fear or apprehension if the situation happened to be heated at that particular time. For example, a person who has come to argue fees or City action and they are very agitated at the time. It will also change the way the police department operates procedurally as there will be a potential increase in contacts with people who albeit are carrying legally, nonetheless have a firearm on their person when contact between they and a peace officer occurs. The police department is currently evaluating policies to determine what changes need to occur regarding our daily contacts with suspects, drivers and in some case— complainants. Please see the League of Minnesota Cities website for additional information or if you care to see the law we have a copy of it at the police department. The law is 29 pages in length, one of the longest laws now contained in Minnesota statutes. There appears to be potential changes in the law forthcoming, mostly centered around where the weapons can be carried. It appears that at least churches and possibly the personal notification requirement may be modified. See or contact Captain Rolfe or myself if you have questions concerning this change.