[31 Pa.B. 1846]
[Continued from previous Web Page] Temporary Suspension of Authorization to Carry
Incidents and Allegations: See Page 15 of this policy statement.
Departmental Investigation: See Page 15 of this policy statement.
Temporary Suspension of Authorization to Carry: If circumstances arise where an officer's ability to properly handle a firearm is called into question, the Chief Adult Probation/Parole Officer has the duty and authority to immediately remove the officer's agency issued firearm in an effort to provide for the safety of the officer, as well as that of the community. Reasons for a temporary suspension may include, but are not limited to the following:
1. Physical limitation or injury
2. Mental, emotional, or behavioral impairment
3. Allegations of misconduct, negligence, or carelessness
4. Induced impairment due to drugs (illicit or legal), and/or alcohol
5. Unsafe situational tactics
6. Violation of agency policy or procedure
7. Actions which may indicate a staff member's judgment is impaired
8. Violation of the Protection From Abuse Act, 35 P. S. § 10181, as amended, when the Court directs that all weapons be forfeited.
Period of Temporary Suspension: The Chief Adult Probation/Parole Officer shall conduct an investigation into the allegation of improper handling of a firearm. Within thirty (30) days of the alleged allegation, a decision shall be made to:
1. Remove authorization
2. Continue temporary suspension
3. Return firearm
Continued Temporary Suspension: If after thirty (30) days, the Chief Adult Probation/Parole Officer has not completed the investigation, then the temporary suspension may be extended for an additional thirty (30) days.
Removal of Authorization: After completion of the investigation, the Chief Adult Probation/Parole Officer may remove authorization from the officer until he/she can demonstrate an ability to properly handle the firearm in a safe manner and/or has completed training necessary to demonstrate the safe and proper handling of a firearm. This administrative decision is not considered disciplinary action and is for the safety of the officer and the community.
Appeal of Decision: The decision of the Chief Adult Probation/Parole Officer shall be final.
Allegations Involving the Chief Adult Probation/Parole Officer: When any allegations are lodged against the Chief Adult Probation/Parole Officer for violations of this firearm policy, then the Deputy Chief Adult Probation/Parole Officer shall remove the firearm from the Chief and conduct an investigation into the allegation in accordance with this policy statement.
Performance of Official Duties During Suspension: An officer whose authorization to carry a firearm has been suspended shall continue to perform their official duties and functions as an adult probation/parole officer with no interruption in services.
Reinstatement Process: An officer who had authorization removed may reapply for reinstatement every six months.
Firearms Training Requirements
Basic Firearms Academy: All officers carrying firearms must attend the initial firearms training course offered by the County Probation and Parole Officers' Firearm Education and Training Commission (See 61 Pa.C.S. § 332.1 through 61 Pa.C.S. § 332.9). The training course shall consist of a period of classroom instruction and range qualification.
Requalification: All officers who receive certification by the Commission, must requalify annually and during the time period established by the Commission. The department shall make arrangements with neighboring counties, who have a certified Commission firearms' instructor, to conduct requalification training.
Failure to Qualify at the Initial Training: If an officer fails to qualify, he/she shall be given a second opportunity to participate in the next available training course. Any officer requesting a third opportunity must receive authorization from the Chief Adult Probation/Parole Officer.
Failure to Requalify: If an officer fails to requalify, he/she shall be given a second opportunity to participate in the next available training course. Any officer requesting a third opportunity must receive authorization from the Chief Adult Probation/Parole Officer. Failure to requalify will result in the temporary suspension of authorization to carry a firearm. When an officer fails to requalify, then he/she must attend the initial firearms academy.
Failure to Qualify By New Employee: An officer hired after the adoption of this policy statement and fails to qualify/requalify as set forth in this policy statement, will be offered additional training. Failure to qualify thereafter will result in a departmental inquiry as to the reasons an officer failed to qualify. A recommendation will be made to the court concerning the employment status of the officer.
Independent Firearms Practice: Officers authorized to carry a firearm may practice with their issued firearm on the employee's own time. The practice must occur only at a firing range, public or private. The department will only issue 200 rounds of practice ammunition to an officer attending the initial firearms training academy. The officer must purchase all other practice ammunition.
Training Ammunition: The department shall issue the appropriate number of rounds required for initial qualification and requalification. Approved training ammunition is new, factory-loaded, 124 grain, 9mm rounds. The department will only issue ammunition to the officer for two attempts at qualification. Any other authorized attempts to qualify will require the officer to purchase the ammunition approved by the department.
Familiarization Training: All adult probation/parole officers will be required to complete a firearms familiarization course, when available.
Authorized Equipment
Authorized Firearm: The department shall issue a Glock Model 26 (9 mm) pistol to each officer authorized to carry a firearm. Personal firearms are prohibited.
Authorized Duty Ammunition: The department shall issue thirty (30) rounds of duty ammunition, which is new, factory-loaded, 124 grain hydra-shok, jacketed hollow point. Any other ammunition is prohibited.
Holsters: The department shall issue a DeSantis Thumb Break Scabbard for each officer authorized to carry a firearm. All other holsters are prohibited. The holster shall be worn on the officer's duty belt, on the officer's strong side. Cross-draw positioning of a firearm is prohibited.
Magazines and Extensions: Each weapon-carrying officer will be issued two additional ten round magazines fitted with grip extensions.
Double Magazine Pouches: Each weapon-carrying officer will be issued a nylon double magazine pouch.
Modifications to Equipment: All equipment issued by the department is standard and under no circumstances will any modifications be permitted. Officers altering or modifying their equipment will be subject to disciplinary action, including suspension of authorization to carry a firearm.
Cleaning and Maintenance of Firearms
Cleaning of Firearms: Weapon-carrying officers are responsible for the cleaning and lubrication of their issued firearm after each use, whenever the handgun has been subjected to moisture or dirt and every three months. Cleaning kits will be available in the department and the officer must keep a record of when the handgun was cleaned. Since the department has no designated areas for cleaning, officers will be expected to clean their firearm at their desk or at home. Failure to maintain proper maintenance and cleaning of the firearm may result in the temporary suspension of authorization to carry.
Safety Considerations: Before cleaning your firearm, make absolutely sure that it is unloaded. All ammunition should be stored away from the cleaning area, with the gun's action open during the cleaning process.
Damaged Firearms: See Page 14 of this policy statement.
Inspection: The department shall forward all firearms to a certified Glock armorer for inspection, when necessary.
Firearm Authorization Request I, ______ , an adult probation/parole officer for the Carbon County Adult Probation/Parole Department, a division of the Court of Common Pleas, Fifty-Sixth Judicial District, do hereby request authorization to a carry a firearm in the performance of my duties.
In making the aforementioned request, I acknowledge and certify the following:
1. I am a tenured employee and not on a probationary status.
2. I am not pending any disciplinary action nor am I involved in or have knowledge of any departmental, criminal or civil investigation or litigation against me.
3. I do not have a problem with drugs or alcohol. I am not presently using any drugs, except as authorized by a medical physician. I have verified with my physician that the medication prescribed will not have any effect on my judgment or impair my ability to carry a firearm in the performance of my duties.
4. I have completed psychological testing and have been approved mentally sound by a licensed psychologist to carry a firearm.
5. I am medically and physically sound to carry out my assigned duties as a probation/parole officer.
6. I have completed classroom instruction on firearms and have successfully passed a written examination (County Probation/Parole Officers' Firearm Education and Training Commission).
7. I have completed range instruction and have qualified in the practical phase of shooting (County Probation/Parole Officers' Firearm Education and Training Commission).
8. I will only use my firearm for defensive purposes only, where retreat is not possible and serious injury or death is imminent.
9. I have successfully completed training in chemical agents and impact weapons and have received certification.
10. I have successfully completed training in control tactics, defensive tactics and Use of Force Instruction and have received certification.
I hereby affirm that the aforementioned information is true. Also, I understand that the falsification of any of the aforementioned information shall result in appropriate disciplinary action.
_________________ _____ Signature Adult Probation/Parole Officer Date
Firearm Certification Officer's Name: _________________
1. Successful completion of criminal background investigation. [ ] Yes [ ] No
2. Successful completion of psychological evaluation. [ ] Yes [ ] No
3. Successful completion of basic orientation academy. [ ] Yes [ ] No
4. Successful completion of first aid and CPR training. [ ] Yes [ ] No
5. Successful completion of defensive tactics. [ ] Yes [ ] No
6. Successful completion of OC spray and expandable baton training. [ ] Yes [ ] No
7. Successful completion of Use of Force training. [ ] Yes [ ] No
8. Successful completion of County Probation and Parole Officers' Firearm and Education and Training Commission. [ ] Yes [ ] No
9. Ability to demonstrate proficiency, safety and knowledge in the proper use and handling of a firearm. [ ] Yes [ ] No
AUTHORIZATION REQUEST DENIED:[ ] REQUEST APPROVED:[ ]
Chief Adult Probation/Parole Officer:
I, Ronald S. Kokinda, Chief Adult Probation/Parole Officer hereby approve/deny the within request to carry a firearm in accordance with court and departmental policies and procedures.
Signature and Date: _________________
Request Not to Carry a Firearm I, ______ , an adult probation/parole officer for the Carbon County Adult Probation/Parole Department, a division of the Court of Common Pleas, Fifty-Sixth Judicial District, composed of Carbon County, do hereby exercise my option not to carry a firearm in the performance of my duties, at this time.
I acknowledge that if circumstances do change, that I may request authorization to carry a firearm during the performance of my official duties.
In making the aforementioned request, I acknowledge and certify the following:
1. I am a tenured employee and not on a probationary status.
2. I am not pending any disciplinary action nor am I involved in or have knowledge of any departmental, criminal or civil investigation or litigation against me.
3. I have been offered the opportunity to attend the Basic Firearms' Academy and to carry a firearm during the performance of my official duties, but declined.
4. I have been hired prior to the implementation of the Carbon County Adult Probation/Parole Department's firearm program and am exercising my option not to carry a firearm.
5. Even though I will not carry a firearm during the performance of my official duties, I fully understand that I must perform the same duties and responsibilities as an adult probation/parole officer who carries a firearm.
I hereby affirm that the aforementioned information is true. Also, I understand that the falsification of any of the aforementioned information shall result in appropriate disciplinary action.
_________________ _____ Adult Probation/Parole Officer Date _________________ _____ Chief Adult Probation/Parole Officer Date
CARBON COUNTY ADULT PROBATION/PAROLE OFFICE
ISSUANCE OF FIREARM I acknowledge receipt of the agency issued firearm. By signing below, I further acknowledge that I have received appropriate training in the use of the firearm and accept full responsibility for the safe and proper handling of the firearm.
I will comply with all policies and procedures adopted by the Carbon County Court of Common Pleas and the Carbon County Adult Probation/Parole Office.
I understand that I may have my authorization to carry a firearm, during the performance of my duties, temporarily suspended as outlined in this policy statement and that when requested by the Chief Adult Probation/Parole Officer must relinquish my firearm.
Manufacturer Model Caliber Serial Number
___________________________
ACKNOWLEDGMENT
_________________ _____ Adult Probation/Parole Officer Date _________________ _____ Chief Adult Probation/Parole Officer Date
[Pa.B. Doc. No. 01-584. Filed for public inspection April 6, 2001, 9:00 a.m.]
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