(FL) Sheriff's official says guns, computers have public purpose

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Sheriff's official says guns, computers have public purpose

Deputies buy guns for safety


The Charlotte County Sheriff's Office's program to finance employees' purchases of guns and computers at discount rates serves public purposes, sheriff's officials said this week.

The program allows deputies and jailers to buy their own semi-automatic rifles and handguns to supplement their department-issued arsenals at their own expense, said Lt. Terry Branscome, sheriff's firearms training officer.

And the program that allows employees to buy computers for their homes helps keep them computer-proficient, said sheriff's spokesman Bob Carpenter.

Having the sheriff make the purchases also saves the employees money because vendors offer bigger discounts due to the high number of items ordered. The program also allows deputies to pay for their purchases through deductions from their bi-weekly paychecks over the remainder of the fiscal year.

"Is it a perk for our officers? Yes it is," Branscome said Thursday. "When you can buy a ($500) gun for $400 and pay for it out of your paycheck, that is a perk.

"But it was designed to give our officers the equipment they need in the field; equipment we couldn't afford to give them."

Carpenter added that Sheriff William Clement hopes to increase training opportunities through computer-assisted correspondence courses. Even though the employees would likely use the sheriff's computers for that work, home computers will help employees hone their computer skills, Carpenter said.

"Education for everybody is the most important thing in the world," he said.

The Sheriff's Office in January bought $73,124 worth of computers for employees from Dell Marketing L.P. The office also purchased $43,930 worth of guns.

The gun purchases include 44 Sig Sauer P226 handguns, 25 Sig Sauer P232 pistols and 12 Ruger Mini-14 "ranch rifles." In November, the office also bought 64 Glock handguns for an additional $26,496.

The Florida Attorney General has issued dozens of opinions over the past 30 years suggesting that no public funds be expended for private purposes unless there is a valid public purpose.

Whether of not the sheriff's purchase programs meet those requirements has not been independently evaluated.

However, no other sheriff's office in the region offers purchase programs that finance purchases for employees. Several area sheriff's offices make employees aware of discounts offered by vendors, but they don't get involved in buying or selling the merchandise or extending credit to employees.

At the Lee County Sheriff's Office, for example, sales reps from Sam's Club and Cosco stores are permitted to offer discount cards and memberships to sheriff's employees.

The Lee Sheriff's Office also would give employees letters affirming that they are law officers in order to qualify for some discounts, but the officer would pay the company for the merchandise directly, said Lee County Sheriff's Chief Mike Clifton.

"It's just a matter of policy," he said. "It's hard enough to keep up with purchases for the agency. To add purchases for individuals is too much."

Clifton added that he'd be concerned about creating the perception that the law officers are getting special deals others can't get.

"It makes it very questionable," he said.

Clifton cited an attorney general's opinion given to the Charlotte County Sheriff's Office in 1990. The opinion advised former Sheriff Richard Worch that deputies could not use their uniforms and police equipment to work private security jobs because no public purpose was served.

The state Legislature later passed a law to allow sheriffs' deputies to work the security jobs provided the sheriffs' offices get reimbursed for administrative costs, Worch said in a phone interview Thursday. Worch was contacted at the Pasco County Sheriff's Office where he now works as a colonel.

Worch said he would not have authorized the expenditure of budgeted funds to finance the purchases of merchandise for private purposes.

"For one thing, I don't think the law allows it," he said. "For another, I don't know how I'd account to the auditor and the county commissioners for the lost revenues due in interest on the money that was spent."

He also pointed out Florida administrative codes call for the sheriff to be "personally responsible" if the office's expenditures don't balance by Sept. 30 of each year.

That means if all of the reimbursements are not paid by Sept. 30, the sheriff would have to write a personal check to cover the expenditures, Worch said.

"That's why Richard Worch wouldn't do it, but what Sheriff Clement does is up to him," Worch said.

At the Collier County Sheriff's Office, Disney World offers deputies automatic membership in the "Mickey Mouse Club," said Gail Addison, human resources director for the office.

At the DeSoto County Sheriff's Office, vendors are allowed to leave brochures offering discounts -- but no other purchasing assistance is rendered, said Maj. William Wise.

Branscome said the "patrol rifles" authorized for purchase are stainless-steel Reuger Mini-14 semi-automatic rifles. They come with a five-round magazine, but the Sheriff's Office supplies a 20-round magazine that is restricted for police use only.

Because the rifles were purchased by the Sheriff's Office in bulk, a vendor offered them for either $439 or $479.

By comparison, Wal-Mart offers a black steel version of the gun for about $500, Branscome said.

About 100 law enforcement officers bought the rifles last year and 11 this year, Branscome said.

Shootouts such as those that can stem from bank robberies or even school assaults like Columbine are situations that call for cops to respond with semi-automatic rifles, Branscome suggested.

As a result of the purchase program, a number of deputies now carry the rifles in the trunks of their patrol cars, he said.

"The time to figure out what gun you need isn't when a situation is happening," he said.

The Sheriff's Office's offer to allow jailers and law officers to buy handguns gives those officers additional options, Branscome added. It authorizes jailers to arm themselves with the hefty Sig Sauer 226 9 mm semi-automatic handguns that are standard equipment for road deputies.

It also allows the law enforcement officers to purchase smaller "backup" guns that they could carry in concealed holsters either on or off duty.

While on duty, the cops would resort to the smaller guns if a suspect took their service gun away. While off duty, cops would carry the guns for use in the event of a violent incident, Branscome said.

http://www.sun-herald.com/NewsArchive2/022203/np4.htm?date=022203&story=np4.htm
 
Sarasota Herald-Tribune (Florida)

March 20, 2003 Thursday Charlotte Edition

SECTION: B SECTION; Pg. BCE3

LENGTH: 358 words

HEADLINE: Gun/computer loans draw county scrutiny

BYLINE: JAMIE MANFUSO, [email protected]

DATELINE: CHARLOTTE COUNTY

BODY:
A Sheriff's Office program that lends employees money to buy personal computers and firearms has come under the scrutiny of county officials.

In a legal opinion, county consulting attorney Linda Carol wrote that money allocated for law enforcement activities could not be lent to employees, and that funds budgeted for the Sheriff's Office could not be used for employees' personal purchases.

But the opinion falls short of declaring that the sheriff's program runs afoul of the law. County Attorney Renee Lee said she doesn't have enough information to make that conclusion.

Dated March 4, the opinion didn't reach the Sheriff's Office until a reporter shared it recently. Commissioner Matt DeBoer had asked for a ruling from the attorney's office after news reports questioned the legality of the sheriff's program.

"I think that the general public should know whether they pay their taxes for law enforcement, or to private support for deputies through a loan program," DeBoer said.

But the opinion also noted that the county may buy computer equipment and firearms if the items help employees perform their jobs.

"I think the biggest issue here is that there is a direct public good to what we're doing," said Sheriff Bill Clement.

Clement insists that the programs, modeled on similar ones at other Florida law enforcement agencies, are perfectly legal.

The computers help employees further their education, stay current on training requirements, and review policy and procedures manuals on disc, among other benefits, Clement says.

Since the purchase plan was announced in the fall, 66 sheriff's employees have bought computers. The computer packages cost $700 to $1,200, and the loans have to be repaid by Sept. 30, through payroll deductions.

The firearm purchase program lets all sworn officers buy weapons that the Sheriff's Office doesn't normally provide them, he said. For instance, some officers have bought lightweight handguns for when they are off duty. They are required to keep firearms with them when off duty, Clement said, but the handguns issued to employees are often too bulky to carry around.
 
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