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7.1. SR 10-17-2005 Item 7.1. MEMORANDUM TO: Mayor and City Council DATE: Pat Klaers, City AdminMra~r October 17, 2005 ~ FROM: SUBJECT: Consider Police Department Issued Weapons Policy and Expenditure Please review the attached memos from Chief of Police Jeff Beahen for the details, background, and rationale for this request. Over the past few months, the Finance and Administrative Services Director, Chief of Police, and I have had a conversation or two regarding the current Police Department weapons policy. I believe that we all agree that a change is needed and that we should have a Police Department weapons policy that requires the same weapon for all sworn officers (or some variation depending upon the decision of the Chief of Police). This is a significant city improvement, not only from an insurance/liability point of view, but also from a public safety and police officer safety point of view. This would also be a city expenditure versus an employee expenditure. To change the policy would initially cost the city about $1,000 per police officer and would, accordingly, cost about $27,000. In future years the cost would be a relatively small expenditure. I strongly support getting the best, most employee endorsed weapon available, and this is the Kimber pistol. I'm not 100 % sure of the current status of our Council contingency fund, but I believe that we are in pretty good condition. Additionally, I think that revenues are exceeding the projections in the budget while expenditures are at or below the total budget; and therefore, the City Council should be able to take this expenditure out of the city general fund; either out of the contingency fund or by way of a budget amendment. If necessary, we also have undesignated funds available in the equipment reserve. Recommendation It is recommended that the City Council endorse the department issued weapons policy and authorize the expenditures from the Council contingency fund for purchasing the Kimber pistol. s: \ Council\Pat\200S \ WeaponsPolicy.doc ~ Ela~ River Police Department MEMORANDUM FROM: Pat Klaers, City Administrator Jeffrey A. Beahen, Chief of Police October 12, 2005 TO: DATE: SUBJECT: Department Issued Weapons This is a follow-up to a conversation we had last week concerning my recent request to purchase department issued weapons for all officers. In short, we discussed if the choice made between the Kimber and the Springfield XD was made primarily based on economics, and as such, did this potentially prevent myself and others from making the choice we wanted. The answer in brief is yes. The Kimber is a far superior weapon to the Springfield, not so much in terms of accuracy and reliability, but in terms of construction and quality. This does not mean that I am not comfortable with the Springfield, but rather, given a choice-I would, if funding is available, opt for the more expensive Kimber. The rationale for this is very simple. The Springfield XD is an extruded plastic and alloy weapon made in Croatia. They are designed as inexpensive weapons for departments to issue, are reliable, but have a fairly short life time of perhaps 5-7 years. The Kimber is an American made weapon, milled from steel, with no plastic components and built to last 15-20 years with proper care. This is a very simplistic view of a significant issue, as it is difficult to put a price on quality. Will both weapons function effectively as a duty sidearm for our department? Beyond any shadow of a doubt. Is one weapon of significandy higher quality than the other? No doubt, the Kimber is an exceedingly higher quality weapon. The question then remains in the hands of the council and the availability of funding, in determining which of the two weapons we should purchase, if allowed by the council, for issuance as a duty sidearm. As stated in my previous memo, the cost for complete issuance of the Springfield XD is $16,764. The cost for the Kimber is $26,987.20. I will be present at the council meeting to discuss this issue with the council and answer any questions that you may have. E~ River Police Department MEMORANDUM Pat Klaers, City Administrator Jeffrey A. Beahen, Chief of Police TO: FROM: DATE: SUBJECT: 9-26-05 Department Issued Weapons Introduction: The police department currently allows officers to purchase and Carry their own, individually owned duty sidearm. Our department is one of the few remaining departments who allow this practice to continue. All other agencies purchase, maintain and issue a same style/brand weapon to all officers. The primary rationale behind this is the reduction of departmental liability when a shooting involving an officer occurs. I am proposing the purchase of de- partmental weapons for all employees, and prohibition of personally owned weapons with the exception of those carried by officers while off-duty. Problem Identification: Our department currently allows officers to purchase the weapon of their choice for duty carry, allowing a wide variety of gun choices and calibers. Currently of the twenty-eight offi- cers the following weapons are carried: Wilson Combat Arms .45 caliber, single actiQJ:l Berretta 96F, .40 caliber, double action Berretta 96 Centurion, .40 caliber, double action Sig Arms P226, .40 caliber, double action Sig Arms 229, .40 caiber, double action H&IZUSP. 9mm. double action H & K USP, .40 caliber, double action Glock 21, ,45 caliber, safe action Glock 22, .40 caliber, safe action Glock 23, .40 caliber, safe action 6-officers 2-officers 3-officers 2-officers i-officer 2-officers i-officer 3-officers 4-officers 4-officers Single action, is a pistol that is carried cocked and locked, with a grip safety and manual safety that must be engaged before the weapon can be fire. Double action is carried without a safety engaged although it requires a longer double action trigger pull before the weapon will fIre. Safe action is a cocked and locked pistol that is carried with an internal fIring pin and a trigger safety that must be engaged prior to the weapon being fIred. There are several primary issues of potential liability that present themselves with what we currendy carry. They are: 1) The difference between the three primary action systems (Single, double and safe) are signifIcant. It can be compared to driving a vehicle with an automatic transmission and one with a manual transmission. The way they are both oper- ated and trained on is vasdy different. One single method of training will not work with all offIcers. 2) OffIcers who would happen to have to use another offIcer's weapon, possibly in an emergency situation would be unfamiliar with the other offIcer's weapon, as we do not cross train offIcers on the other brands or systems. 3) Training has to be modifIed or adapted to each style of weapon. 4) Each model carries either a different caliber of atntnunition, or the carrying ca- pacity of the magazine if vasdy different. Some weapons only carry seven rounds in a magazine; some carry as many as fIfteen rounds. 5) Magazines are not interchangeable between weapons. Two offIcers working with each other could not share atntnunition, as their weapons may not be the same caliber, style or magazine make. 6) The difference between the kinetics and operational properties of a 9tntn bullet, and a .45 caliber round are extreme. 7) We have offIcers trained to maintain and repair fIve different brands of weapons, with multiple models and spare parts for each being maintained in our inventory. This is expensive and time consuming. 8) We don't own the weapon-the offIcer does. This is the largest concern. Where was it bought? How old is it? Is it well maintained? Has it been altered? It is the only piece of personally owned equipment the offIcer is allowed to carry-and the one piece of equipment that has the largest potential liability associated with it. I have done extensive research of the liability aspects of personally owned weapons, and without fail, all research as well as related court decisions involving offIcer involved shoot- ings, clearly illustrates that issuing a departmental weapon to all offIcers, offers the greatest reduction in liability, and it is the standard by which almost all departments nationwide oper- ate. The reduction of liability occurs through the following means: 1) The department purchases the weapons new, they know they are in factory con- dition and meet all departmental specifIcations. 2) Training for all offIcers can be conducted the same, utilizing course and training materials that are the same for all offIcers, as all weapons function alike. There is one brand, one model and one caliber for all. 3) Atntnunition standards can be more easily maintained as only one caliber of am- munition is purchased and issued to all offIcers. 4) Ammunition and spare magazines are interchangeable and can be shared amongst all officers. 5) Only one certified armorer is required to maintain all weapons. Instead of a wide and expensive variety of parts on hand for a multitude of weapons, only a small supply of parts for one brand would be required. 6) All weapons would have a high capacity magazine-insuring that each officer would have an adequate number of rounds on hand at all times. Problem Resolution: The resolution is readily apparent, but not as easy as it may appear. Departmental issued weapons being the solution, the next phase of the process would be to find a weapon, in- cluding the operating system and caliber that would work for all officers on the force. To achieve this goal, the department followed the same process that the Tacoma Washing- ton Department used in selecting a new weapon. Cross sections of officers were selected from within our department to take part in the testing process. These including both male and females, large and small handed officers, skilled marksman and unskilled alike. Through extensive research and contacts, the following weapons were brought in for test and evaluation: Kimber full size, .45, single action Kimber Compact. .45, single action Glock 21, .45. safe action Glock 36, .45 safe action H & K USP, .45, double action Berretta Storm, .40, safe action Sig Sauer P220, .45, double action In addition we also tested the Springfield XD .40, safe action and the Walther .40 safe action pistols. These came in late in the testing process. The weapons were rated by the officers for: Balance, weight, perceived recoil, trigger pull, operation of controls, ability to field strip and clean, durability, reloading and reliability. Once testing was complete, the Kimber came out rated number one, scoring 9 out of 10 points. The Glock 36 came out last, scoring a 5.75. Tacoma PD had the same results in their testing process. Solution: Although the Kimber tested number one, it is a very expensive weapon. It would cost almost $1,000 an officer to issue this weapon. I find this to be cost prohibitive. A second choice would be the Springfield XD in .40 caliber. The cost to issue this weapon would be less than $600 per officer. Although the test results indicate that the Kimber was by far the number one choice, additional testing with the XD have shown it to be an equal as far as ease in op- eration, reliability and accuracy. I am confident that this is a perfect fit for our officers. The XD also offers a new feature that other safe action pistols do not have. Although it has the trigger safety, it also incorporates a grip safety and a visible internal firing pin for two added functions to enhance the operation of the safe action. It will provide us with an inex- pensive issue weapon, in a model that with fit the hand of all officers, in a single caliber and with one like operating system, that with gready reduce the liability concerns of our depart- ment. I recommend, that if funding allow, we go forward with this purchase now. The cost to pur- chase the weapons and associated leather gear is $16,764. See attached bids and other docu- mentation of further details. f ERPD WEAPONS TESTING (LEGEND OF TERMS) BALANCE: How does the loaded weapon feel in your hand? Does it sit low with the weight in the palm,ofthe shooting hand? Is the weapon naturally pointable? Does it come up natural on target when firing? WEIGHT: Loaded and unloaded weight of the weapon PERCEIVED RECOIL: When firing the weapon, how heavy do you perceive the recoil is? Is it manageable? Can you get back on target for a second shot? SIGHTS: Any sights we purchase will probably be the three-dot night sights. Whatever sights are on the test weapon should be rated more on how the sight lines up when bringing the gun up in a natural pointing position. How durable is the sight system? TRIGGER: ]s the trigger pull too heavy? Too light? Is there a lot of take-up in the trigger? With the size of weapon you are firing, are you able to have a proper grip and have your trigger finger engage the trigger properly? OPERATION OF CONTROLS: ~e you able to operate the controls on the weapon without shifting your grip considera~ly? Can you reach the magazine release? Can you reach the slide-stop? Remember thel'slide-stop is for locking the slide open, not releasing the slide. Releasing the slide should be accomplished by gripping the serrations on the back of the slide and pulling the slid~ to the rear, then letting the slide go. FIELD STRIPPING: A weapon sijould be fairly easy to field strip and reassemble. It should be straight forward and easy 10 clean and maintain. DURABILITY: The weapon should be durable and easy to operate. The finish shoul<i protect the weapon and be durable. ~t should require minimal repair and service. You should also consider the ease of repl~cement of parts if the weapon becomes inoperable. Does the weapon have drop-in parts pr do they require hand fining? I I RELOADING: Ease of reloads. D~es the empty magazine freely fall from the magazine well of the pistol or are yo~ required to assist in ejecting the magazine. Does the magazine well allow you to easil~ reload with a fresh magazine? RELIABILITY: This is one of the lmost important features of a service weapon. We are assuming that all weapons tested! are up to the standard of accuracy we require, but we do not assume that all weapons are 100% reliable. Do you have any malfunctions of any kind? Are they related to the w~apon? Ammunition? Magazine? Shooter error? ]s the weapon clean or dirty? I I I OVERALL SCORE: Looking at each weapon as a whole package, how would you rate it? Give it a number (1 to 10) and give it aYes or No signifying whether you would be comfortable carrying this weapon. Also consider whether the necessary accessories are currently available for this weapon (i.e. holsters, duty and plain clothes, etc) The Chiefhas specifically chosen you to be a part of the weapon selection process for several reasons. You all represent different areas of the department, including administration, patrol, and investigations. You represent different sizes and sexes of officers. Most importantly He feels you have the ability to approach this process in an objective manner, leaving your personal preferences and biases at the door. CC: Rolfe, Erickson, Block, Blauert, Vita, Balabon, Gacke, Besser. Test Protocol: Each Officer should fire approximately 42 rounds through each weapon tested. The firing should be from varying distances and with both strong and weak hand positions. The weapons should be periodically cleaned and lubricated if needed. 09/13/2005 13:25 3098524750 OFFICE DEPOT #513 PAGE 01/02 Quotation Date q S.~ PT: ~..5 Customer Number_ Phone Number. 'lro.3 - 63S-/~Q/ Person Contacted _ &€.E~ reNtE F ~EP'F'eE'j J3EA flEN '" Prices Effective For 30 .l.?~ ELK /!..t VEJe IV Lie€: LJ6,r.>r Current Delivery MLtP /30roS DJeOA./O PArIRJ<Z.t.Jt1!-t Terms: - AI~ c30 ~eLk ,RIVEIe, mil./. S-S330 -' Salesman P/1'r MD.EN We thank you for your inquiry for: FA)<; '7 b 3 - . b3. S- -./ c;? 50 Quantit Oeserl lion Unit Price QUOTATION Ray O'Herron co..~ Inc. PATRICK rlOEN District Manager Office: 612~a6a-3297 Fax: 651-462-5543 Call: 612.868-3297 District Offlca 1076 234th Ave. NE Stacy, MN SS019 I 3 (f{. I~'a,f 1(7.r({)tll'fllll- ~(NI.I' (N'(b.~1' I,/~I t. JIA.IIIo..\ ,.., ,,.,"T'"....... .__ ___~. CONFIDENlIAL' ~ I ~ ~ .. ~1JI1III l Total Price 1J3~..70 V .'~- \ ~ to~~'~7C) '7~.., 0 /0,7flO/;?P 1 ::) 3:2..\ . (,::c..) ~- '."7 "-- ,<;1'~!tie€~~4- crOtllW. P/7:t: /J/) o~77 I 09/13/2005 13:25 3098624760 OFFICE DEPOT #513 PAGE 02/02 rc.HI€r~r~,eey I8E~If€N ELI( f!:.;Vc"6e fbL/C!..E t!JG/Jr 13Dbs OJeOA/D ,o~ekto/flj \.ELK IRIVt:~ mM .553.30 -1 We thank you for your inquiry for: FI4)(; '1fo 3 - (035;,../ ~ SO Quanti Descri tion Unit Price QUOTATION Ray O'Herron COliC Inc. PATRICK MOEN District Manager Office: 612-868-3297 Fax: 651-462H5543 Cell: 612-868-3291 fIIf District Office 7018 234th Ave. NE Stacy, MN 55079 "" .- - PAbG" ~ Dr-;).. Quotation Date ~ 513" PT: ,7?e.oS Customer Number Phone Number !lCa3 - f,.3S-1 doJ Person Contacted d e::r=-~ Prices Effective For 30 LJA:"'i:? Current Delivery A ~ ___ Terms: ._ JlI.:::!T 30 __ salesman f?/+r:/"U~ Total Price :3 ..teL 33 .B"qSIC~ ~ 3. P.4Je1tA1JLJ Dut3~ ~21;U ~...IO LLJeVe-, )1/!OOEL :-S7~ BP 111' I}Ui~ ;;Iy'~/QI"(I t(~. (/(Jut< ()r(J{'" t. t7' ') q'C' f v.' I c.( I , R ~pe~tlfJJ:7 ..,. r flII SeFi.16 05 12: OOp Frazer's 763-427-1350 p.2 SECURITY AND POLICE EQUIPMENT FFL #3-41-003-01-7D-00302 14419 -7TH Avenue NW Andover, MN 55304-2842 763-422-6741 Fax: 763-427-1350 Orders Only: 800-352-7809 SOLD TO: ~Q~;>" FET OUT QUOTE .-- SHIPPED TO: Name: City of Elk River Company Name: Police Department Address: 13077 Orono Parkway Address: Name: Jeffrey A Beahen, Chief ofPoJice Company Name: Same as SOLD TO: Address: Address: City, State, Zip Elk River City, State, Zip MN55330- INVOICE NUMBER INVOICE DATE P.O. NUMBER TERMS SALES PERSON QUOTE - ONLY 9/16/2005 SPG QUOTE Net 10 Days John SHIPPED VIA Delivery Quantity Description Unit Price Amount 34 SPG. XD40 4" WINS 3 Mags $469.99 $15,979.66 34 SPG. XD40 5" WINS 3 Mags. $489.99 $16,659.66 5 XD40SC WINS "This is the Sub Compact not certain on amount 5 or 50 all same price" $469.99 $2,349.95 34 XD45G 5" WINS 3 mags $479.99 $16,319.66 34 XD45G 4" WINS 3 mags $460.99 $15,673.66 This quote in on all the variation of the XD we spoke about, and that you are testing The quote is valid for 45 days fTom date of issue, and subject to manufacturer's availability and price change. This, as the quote on Kimbers being a special order may require a deposit. All pricing quoted is FOB manufacture, although we will make delivery to Police Dept. at no charge. Only freight charge will be what is charged to Security & Police Equipment. ~_. /1 "". '0['" n FFl 1r T-T I I-I I I I-I I I-I I I-I I I I I 1 ~-~""L e__ I'..,,(!lec~{ . -'''i" L....-.iJ _1'1' Payment Method: THANK YOU FOR YOUR BUSiNESS SUBTOTAL , DEALERS, PLEASE INSTRUCT YOUR CUSTOMERS AS FOLLOWS: FREIGHT FOB "ALL FIREARMS ARE DANGEROUS WHEN HANDLED IMPROPERLY" Tax Exempt "CLEAN AND VISUALLY INSPECT ALL FIREARMS BEFORE FIRTNG" "SECURITY AND POLICE EQUIPMENT HAS NO TESTING FACILITY & ASSUMES NO LIABILITY FOR THEIR SAFE FUNCTIONING" TOTAL f IT IS UP TO ALL OF US TO USE PROPER SAFETY IN HANDLING AND USE OF ALL FIREARMS - LETS ALL USE OUR HEADS AND .....BE CAREFUL "'.... Sep 14 05 02:37a Frazer's 763-427-1350 p.2 SECURITY AND POLICE EQUIPMENT FFL #3-41-oo3-01-7D-00302 14419 - 7TI1 Avenue NW Andover, MN 55304.2842 763-422-6741 Fax: 763-427-1350 Orders Only: 800-352-7809 SOLD TO: ~~961 PET OUT QUOTE - 9/1/2005 P.O. NUMBER Kimber Quote SHIPPED TO: Name: Jeffre A. Beahen, Chief of Police Company Name: As Sold To Address: Address: Cit)., Stale, Zip TERMS SALESPERSON SHIPPED VIA Net 10 Days John Delivery Name: City of Elk River ompany Name: olice Department Address: 13077 Orono Parkwa Address: 13077 Orono Parkway City, State, Zip Elk River M N S 5 3 3 0 - 0 0 0 0 INVOICE NUMBER Quote - only INVOICE DATE Quantity Description Unit Price Amount 12 Kimber Item # 3300070 Pro-Carty II 45 ACP Pistols (OPTION #1) $800.00 $9,600.00 Above with Ambidextrous safety, night sites, and mag well 12 Same as above Kimber BUT Pro Tactical @ $39.00 each additional charge, but $839.00 $10,068.00 this already has all of the above PLUS front strap checkering, and they plan on getting you into the Tac Mags which are an outstanding mag and much better then standard They run $18.75 each. (Retail on this mag is $27.95) (OPTION #2) 23 Kimber Item # 3300068 (Night sights and front strap checkering are standard on this pistol $860.00 $19,780.00 and added would be mag well and ambidextrous safety 1 Kimber Item # 3200086 equipped as above plus tactical light rail $946.00 $946.00 Note: any additional mags will be priced at $18.75 each, at this time Kimber is in a Transition on Poliee firearms and I will not know until Friday 9.16104 if they will collie with 3 or I magazine. Kimberrcquires on the order a copy of your PO (yIc furnish) a FET Exemption certificate, aJld your DUTY AMMO so they can test each pisrol before ir leaves the facrory r . . ,j 1"1 I H I I 1..1 I H 1 H I I I I I .. . ,,--.. Payment Method: THANK YOU FOR YOUR BUSINESS SUBTOTAL $40,394.00 DEALERS, PLEASE INSTRUCT YOUR CUSTOMERS AS FOLLOWS: FREIGHT "ALL FIREARMS ARE DANGEROUS WI-IEN I-IANDLED IMPROPERL Y" Tax Exempt "CLEAN AND VISUALL Y INSPECT ALL FIREARMS BEFORE FIRING" "SECURITY AND POLlCE EQUIPMENT HAS NO TESTING FACILITY & ASSUMES NO LIABILITY FOR THEIR SAFE FUNCTIONING" TOTAL $40,394.00 IT IS UP TO ALL OF US TO USE PROPER SAFETY IN HANDLING AND USE OF ALL FIREARMS - LETS ALL USE OUR HEADS AND **. '*BE CAREFUL' .... y ~ I SALES QUOTE I STREICHER'S 10911 W HWY 55 MINNEAPOLIS MN, 55441 Phone: 763-546-1155 Fax: 763-546-6776 Sales Quote Number: Q161494 Sales Quote Date: 03/22/05 Page: 1 Sell 65772 To: ELK RIVER POLICE DEPT. CHIEF BEAHEN 13077 ORONO PKWY ELK RIVER, MN 55330 Ship To: ELK RIVER POLICE DEPT. 13077 ORONO PKWY ELK RIVER, MN 55330 Phone: (763) 635-1260 Fax: (763) 441-8937 Ship Via Terms NET 15 SalesPerson Rochel Moore Phone: 763-252-2573 E-mail: rochelm@streichers.com Item No. Description Unit Quantity Unit Price Total Price KIM-PC2.FNS .45 PISTOL: PRO CARRY II, NS, W/1 7-RND EA 12 655.00 7,860.00 MAG STR-MISC KIMBER #1000089, SINGLE STACK 8-RND. EA 68 12.50 850.00 MAG SF-6280BW.CTG HOLSTER: #6280 SLS, BBW, RH, COLT EA 34 103.00 3,502.00 GOVT, KIMBER CUSTOM SF-77HSBW.45 MAG HOLDER: DUBL, BBW, HIDDEN SNAP, EA 34 24.00 816.00 4500/3900 STR-MISC AMBIDEXTEROUS SAFETY EA 34 65.00 2,210.00 KIM-CTLE2.FNS .45 PISTOL: CUSTOM TLE II, NS, 5, W/1 EA 22 725.00 15,950.00 7-RND MAG SF-518BP.CG45R HOLSTER: PADDLE, BP, RH, COLT GOVT. EA 9 48.00 432.00 45 STR-MISC MAG WELL EA 34 80.00 2,720.00 FRT Shipping, Handling & Insurance EA 29.95 29.95 Quoted prices do not include Sales Tax. All quoted prices are valid for 60 days from the date of the quote. Total: 34,369.95