The memorandum addresses a draft ordinance to amend the Gloucester County Code regarding the purchase of county-issued handguns by law enforcement and animal control officers. The proposed changes highlight different conditions under which retired officers can buy their service handguns, with specific provisions for animal control officers to ensure their eligibility. The author requests consideration for a distinct section for animal control officers and expresses a preference for a concise version of the ordinance.

1. COUNTY ATTORNEY
Gloucester County
Administrator's Office
Telephone 804-693-4042
P. O. Box 329, Gloucester, Virginia 23061
Fax 804-693-6004
MEMORANDUM
~
TO:
Edwin (Ted) Wilmot, County Attorney
FROM:
Georgette N. Hurley, Assistant County Administrator for Human Services ...-- )
Pc:
Holly Smith, Commonwealth's Attorney
Darrell Warren, Sheriff
Brenda Garton, County Administrator
Steve Baranek, Chief Animal Control Officer
DATE:
October 15,2013
SUBJECT: DRAFT ORDINANCE AMENDING COUNTY CODE PROVISION
GOVERNING PURCHASE OF COUNTY ISSUED HANDGUNS BY
LAW ENFORCEMENT OFFICERS
Steve Baranek, Chief Animal Control Officer and I appreciate your timely crafting and request
for input from Animal Control on the draft ordinance amending the County Code on Purchase
of County Issued Handguns by Law Enforcement Officers.
While we readily acknowledge the Sheriffs Officers and Animal Control Officers are both law
enforcement officials, however basic training requirements and specialty fields of work do set
the two groups apart in carrying out their daily duties.
With this shared I am requesting, if appropriate, that a separate section be made in the County
Code Section 22-20. Purchase of handguns by retired officers specifically addressing Animal
Control Officers, as follows:
.:. The County Administrator may allow any full-time sworn Animal Control Law
Enforcement Officer who retires after at least fifteen (15) years of service to purchase
the service handgun issued to him/her by the County at a price equivalent of the
weapon's fair market value on the date of the officer's retirement. Determination of
fair market value may be made by reference to a recognized pricing guide.
ULand of the Life Worth Living"
Page 51

2. Page 2 - October 15, 2013 - Memorandum - Edwin (Ted) Wilmot County Attorney
Re:
Draft Ordinance Amending County Code Provision Governing Purchase of County
Issued Handguns by Law Enforcement Officers
.:. The County Administrator may allow any officer who at the time of retirement is a full­
time sworn law enforcement officer, who retires after twenty (20) years of service, even
if a position of his/her service was with another state law enforcement agency, to
purchase the service handgun issued to him/her at a price of one dollar ($1.00).
•:. The County Administrator may allow any full-time sworn law enforcement officer who
retires as a result of a service incurred disability or who is receiving long-term disability
payments for a service incurred disability with no expectation of returning to
employment to purchase the service handgun issued, or previously issued, to him/her
by the County at a cost of one dollar ($1.00).
•:. The County Administrator may allow the immediate survivor of a full-time sworn law
enforcement officer (i) who is killed in the line of duty or (ii) who dies in service and has
at least fifteen (15) years of service to purchase the service handgun issued to the officer
at a price of one dollar ($1.00).
I do not want my comments to be taken in any manner that Animal Control Officers are less
deserving of the acknowledgement for their years of service, but that they are perhaps in a
different arena for consideration with longer years of tenure to warrant acknowledgement.
Additionally, if the Board adopts the amended ordinance change to be inclusive of Animal
Control Officers, how might this matter be addressed so that Carl Shipley may be eligible to
receive his handgun, as his retirement was effective September 1, 2013?
As to your inquiry pertaining to preference for the version of the draft to be considered, while I
prefer Version #2 for the concise approach, I believe Version #1 would best serve easy
reference needs for most desiring information on this topic.
Again, thank you for allowing input on the proposed ordinance addressing the purchase of
County issued handguns by law enforcement officers. If I may provide more information or
address further points of clarification on this matter, kindly advise me.
GNH:djb
"Land of the Life Worth Living"
Page 52

3. Sec. 22-20. Purchase of handguns by retired officers.
The purchasing manager, with the consent of the sheriff, may allow any fulltime sworn
law enforcement officer who retires after at least twenty-five (25) years of service and any
auxiliary police officer who has served the county as an auxiliary police officer for at least
twenty-five (25) years to purchase the service handgun issued by the county at a cost of one
dollar ($1.00) for the weapon.
(Ord. of 1-5-2010)
Page 53

4. DRAFT – VERSION 1
AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS
HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE,
LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A
MOTION DULY MADE BY ____________________, AND SECONDED BY
________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE
FOLLOWING VOTE:
Carter M. Borden, ___;
Ashley C. Chriscoe, ___;
Christopher A. Hutson, ___;
Andrew James, Jr., ___;
John H. Northstein, ___;
Robert J. Orth, ___;
Louise D. Theberge, ___;
AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH
COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL
OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS
WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in
the Commonwealth are authorized to permit the purchase of locality-issued
service handguns by certain law enforcement officers in specific situations; and
WHEREAS, the aforesaid State code section authorizes the purchase of
county-issued service handguns in situations beyond those authorized
pursuant to current Gloucester County Code Section 22-20; and
WHEREAS, a proposal has been forwarded to the Board of Supervisors to
expand the circumstances in which the County may offer for sale to law
enforcement officers and animal control officers their County-issued handguns
to the extent authorized under Virginia Code Section 59.1-148.3; and
WHEREAS, a public hearing was held on December 3, 2013 to consider
this ordinance; and
WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20
of the Gloucester County Code to allow for the purchase of County-issued
service handguns by County law enforcement officers and animal control
officers in the circumstances set forth in Virginia Code Section 59.1-148.3.
NOW THEREFORE BE IT ORDAINED AND ENACTED by the
Gloucester County Board of Supervisors that Gloucester County Code Chapter
22, Section 22-20, is hereby repealed, and that the following provision is
hereby ordained and enacted in its place:
Page 54

5. DRAFT – VERSION 1
Sec. 22-20 Purchase of county-issued service
enforcement officers and animal control officers.
handguns
by
law
A.
The sheriff may allow any full-time sworn law enforcement
officer who retires (i) after at least ten (10) years of service, (ii)
at seventy (70) years of age or older, or (iii) as a result of a
service-incurred disability or who is receiving long-term
disability payments for a service-incurred disability with no
expectation of returning to employment as a law enforcement
officer with the county to purchase the service handgun
issued, or previously issued, to him by the county at a cost of
one dollar ($1.00). If the previously issued weapon is no
longer available, a weapon of like kind may be substituted for
that weapon.
B.
The sheriff may allow any full-time sworn law enforcement
officer who retires with five (5) or more years of service, but
less than ten (10) years of service, to purchase the service
handgun issued to the officer by the county at a price
equivalent to the weapon’s fair market value on the date of
the officer’s retirement. Any full-time sworn law enforcement
officer who is retired for disability as a result of nonserviceincurred disability may purchase the service handgun issued
to him or her by the county at a price equivalent to the
weapon’s fair market value on the date of the officer’s
retirement. Determinations of fair market value may be made
by reference to a recognized pricing guide.
C.
The sheriff may allow the immediate survivor of any full-time
sworn law enforcement officer (i) who is killed in the line of
duty or (ii) who dies in service and has at least ten (10) years
of service to purchase the service handgun issued to the
officer at a price of one dollar ($1.00).
D.
The sheriff may allow any officer who at the time of
retirement is a full-time sworn law enforcement officer, who
retires after at least ten (10) years of service, even if a portion
of his or her service was with another state law enforcement
agency, to purchase the service handgun issued to him at a
price of one dollar ($1.00).
E.
The sheriff may allow any auxiliary law enforcement officer
with more than ten (10) years of service to purchase the
service handgun issued to him by the county at a price that is
Page 55

6. DRAFT – VERSION 1
equivalent to the weapon’s fair market value on the date of
purchase by the officer.
F.
The sheriff may allow any sworn law enforcement officer
currently employed to purchase his service handgun, at fair
market price. This subsection shall only apply when new
service handguns have been purchased for the officers, and
the handgun subject to the sale is no longer used by the
officer in the course of duty.
G.
The privileges granted pursuant to this section shall extend to
full-time county animal control officers, subject to the
approval of the county administrator, rather than the sheriff.
This ordinance is effective retroactively to July 1, 2013.
A copy teste:
________________________________________
Brenda G. Garton, County Administrator
Page 56

7. DRAFT – VERSION 2
AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS
HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE,
LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A
MOTION DULY MADE BY ____________________, AND SECONDED BY
________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE
FOLLOWING VOTE:
Carter M. Borden, ___;
Ashley C. Chriscoe, ___;
Christopher A. Hutson, ___;
Andrew James, Jr., ___;
John H. Northstein, ___;
Robert J. Orth, ___;
Louise D. Theberge, ___;
AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH
COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL
OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS
WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in
the Commonwealth are authorized to permit the purchase of locality-issued
service handguns by certain law enforcement officers in specific situations; and
WHEREAS, the aforesaid State code section authorizes the purchase of
county-issued service handguns in situations beyond those authorized
pursuant to current Gloucester County Code Section 22-20; and
WHEREAS, a proposal has been forwarded to the Board of Supervisors to
expand the circumstances in which the County may offer for sale to law
enforcement officers and animal control officers their County-issued handguns
to the extent authorized under Virginia Code Section 59.1-148.3; and
WHEREAS, a public hearing was held on December 3, 2013 to consider
this ordinance; and
WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20
of the Gloucester County Code to allow for the purchase of County-issued
service handguns by County law enforcement officers and animal control
officers in the circumstances set forth in Virginia Code Section 59.1-148.3.
NOW THEREFORE BE IT ORDAINED AND ENACTED by the
Gloucester County Board of Supervisors that Gloucester County Code Chapter
22, Section 22-20, is hereby repealed, and that the following provision is
hereby ordained and enacted in its place:
Page 57

8. DRAFT – VERSION 2
Sec. 22-20 Purchase of county-issued service
enforcement officers and animal control officers.
handguns
by
law
County law enforcement officers and auxiliary law enforcement
officers may purchase their county-issued service handguns in the
situations set forth in, and subject to the requirements of, Va. Code §
59.1-148.3, and all amendments thereto, with the approval of the sheriff.
County animal control officers may purchase their county-issued
service handguns in the situations set forth in, and subject to the
requirements of, Va. Code § 59.1-148.3, and all amendments thereto, with
the approval of the county administrator.
This ordinance is effective retroactively to July 1, 2013.
A copy teste:
________________________________________
Brenda G. Garton, County Administrator
Page 58

9. DRAFT – VERSION 3
AT A MEETING OF THE GLOUCESTER COUNTY BOARD OF SUPERVISORS
HELD ON _____________________, 2013 IN THE COLONIAL COURTHOUSE,
LOCATED AT 6504 MAIN STREET, GLOUCESTER, VIRGINIA: ON A
MOTION DULY MADE BY ____________________, AND SECONDED BY
________________, THE FOLLOWING ORDINANCE WAS ADOPTED BY THE
FOLLOWING VOTE:
Carter M. Borden, ___;
Ashley C. Chriscoe, ___;
Christopher A. Hutson, ___;
Andrew James, Jr., ___;
John H. Northstein, ___;
Robert J. Orth, ___;
Louise D. Theberge, ___;
AN ORDINANCE MODIFYING AND EXPANDING THE SITUATIONS IN WHICH
COUNTY LAW ENFORCEMENT OFFICERS AND ANIMAL CONTROL
OFFICERS MAY PURCHASE THEIR COUNTY-ISSUED SERVICE HANDGUNS
WHEREAS, pursuant to Virginia Code Section 59.1-148.3, localities in
the Commonwealth are authorized to permit the purchase of locality-issued
service handguns by certain law enforcement officers in specific situations; and
WHEREAS, the aforesaid State code section authorizes the purchase of
county-issued service handguns in situations beyond those authorized
pursuant to current Gloucester County Code Section 22-20; and
WHEREAS, a proposal has been forwarded to the Board of Supervisors to
expand the circumstances in which the County may offer for sale to law
enforcement officers and animal control officers their County-issued handguns;
and
WHEREAS, a public hearing was held on December 3, 2013 to consider
this ordinance; and
WHEREAS, the Board is desirous of revising Chapter 22, Section 22-20
of the Gloucester County Code to expand the circumstances in which the
County may offer for sale to County law enforcement officers and animal
control officers their County-issued handguns.
NOW THEREFORE BE IT ORDAINED AND ENACTED by the
Gloucester County Board of Supervisors that Gloucester County Code Chapter
22, Section 22-20, is hereby repealed, and that the following provision is
hereby ordained and enacted in its place:
Sec. 22-20 Purchase of county-issued service
enforcement officers and animal control officers.
handguns
by
law
Page 59

10. DRAFT – VERSION 3
A.
Law enforcement officers:
1. The sheriff may allow any full-time sworn law enforcement
officer who retires (i) after at least ten (10) years of service,
(ii) at seventy (70) years of age or older, or (iii) as a result of
a service-incurred disability or who is receiving long-term
disability payments for a service-incurred disability with no
expectation of returning to employment as a law
enforcement officer with the county to purchase the
service handgun issued, or previously issued, to him by the
county at a cost of one dollar ($1.00). If the previously
issued weapon is no longer available, a weapon of like kind
may be substituted for that weapon.
2. The sheriff may allow any full-time sworn law enforcement
officer who retires with five (5) or more years of service, but
less than ten (10) years of service, to purchase the service
handgun issued to the officer by the county at a price
equivalent to the weapon’s fair market value on the date of
the officer’s retirement.
Any full-time sworn law
enforcement officer who is retired for disability as a result
of nonservice-incurred disability may purchase the service
handgun issued to him or her by the county at a price
equivalent to the weapon’s fair market value on the date of
the officer’s retirement. Determinations of fair market
value may be made by reference to a recognized pricing
guide.
3. The sheriff may allow the immediate survivor of any fulltime sworn law enforcement officer (i) who is killed in the
line of duty or (ii) who dies in service and has at least ten
(10) years of service to purchase the service handgun issued
to the officer at a price of one dollar ($1.00).
4. The sheriff may allow any officer who at the time of
retirement is a full-time sworn law enforcement officer, who
retires after at least ten (10) years of service, even if a
portion of his or her service was with another state law
enforcement agency, to purchase the service handgun
issued to him at a price of one dollar ($1.00).
5. The sheriff may allow any auxiliary law enforcement officer
with more than ten (10) years of service to purchase the
service handgun issued to him by the county at a price
equivalent to the weapon’s fair market value on the date of
purchase by the officer.
Page 60

11. DRAFT – VERSION 3
6. The sheriff may allow any sworn law enforcement officer
currently employed to purchase his service handgun, at fair
market price. This subsection shall only apply when new
service handguns have been purchased for the officers, and
the handgun subject to the sale is no longer used by the
officer in the course of duty.
B.
Animal control officers:
1. The county administrator may allow any full-time sworn
animal control officer who retires after at least fifteen (15)
years of service to purchase the service handgun issued to
him by the county at a price equivalent of the weapon’s fair
market value on the date of the officer’s retirement.
Determination of fair market value may be made by
reference to a recognized pricing guide.
2. The county administrator may allow any full-time sworn
animal control officer who retires with twenty (20) years of
service, even if a portion of his service was with another
state law enforcement agency, to purchase the service
handgun issued to him at a price of one dollar ($1.00).
3. The county administrator may allow any full-time sworn
animal control officer, who retires as a result of a serviceincurred disability or who is receiving long-term disability
payments for a service-incurred disability with no
expectation of returning to employment with the county as
an animal control officer, to purchase the service handgun
issued, or previously issued, to him by the county at a cost
of one dollar ($1.00).
4. The county administrator may allow the immediate
survivor of a full-time sworn animal control officer (i) who is
killed in the line of duty or (ii) who dies in service and has
at least fifteen (15) years of service to purchase the service
handgun issued to the officer at a price of one dollar
($1.00).
This ordinance is effective retroactively to July 1, 2013.
A copy teste:
________________________________________
Brenda G. Garton, County Administrator
Page 61

12. PUBLIC HEARING NOTICE
Pursuant to the Code of Virginia, the Gloucester County Board of Supervisors will
conduct a Public Hearing on December 3, 2013 beginning at 8:00 p.m. in the Colonial
Courthouse, 6504 Main Street Gloucester, Virginia to consider the following:
AN ORDINANCE AMENDING GLOUCESTER
COUNTY CODE CHAPTER 22, SECTION 22-20 GOVERNING PURCHASE OF
COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS
AND ANIMAL CONTROL OFFICERS
The Board of Supervisors will consider an ordinance amending Chapter 22 of the
Gloucester County Code. Pursuant to Virginia Code Section 59.1-148.3, localities in the
Commonwealth are authorized to permit the purchase of locality-issued service
handguns by certain law enforcement officers in specific situations. The Board of
Supervisors is desirous of revising Chapter 22, Section 22-20 of the Gloucester County
Code to expand the circumstances in which the County may offer for sale to County law
enforcement officers and animal control officers their County-issued handguns.
The preceding is a summary, not the full text, of the Ordinance. It is not intended to be
a comprehensive representation of all of the Ordinance provisions and does not
substitute for the full text of the draft Ordinance, which is available for review at the
Gloucester County Administrator’s office at 6467 Main Street, Gloucester, Virginia, on
the web at www.gloucesterva.info and at both branches of the Gloucester County
Library - Main Branch: 6920 Main Street, Gloucester, Virginia - Gloucester Point
Branch: 2354 York Crossing Drive, Gloucester Point, Virginia.
All interested parties are invited to attend the hearing to express their views. Persons
requiring assistance to attend the hearing should contact the Gloucester County
Administrator’s office at (804) 693-4042.
Brenda G. Garton,
County Administrator
Page 62

13. AT A REGULAR MEETING OF THE GLOUCESTER COUNTY BOARD OF
SUPERVISORS, HELD ON WEDNESDAY, NOVEMBER 6, 2013 AT 7:00 P.M.,
IN THE COLONIAL COURTHOUSE, COURT CIRCLE, 6504 MAIN STREET,
GLOUCESTER,
VIRGINIA:
ON
A
MOTION
DULY
MADE
BY
___________________ AND SECONDED BY _____________________ THE
FOLLOWING RESOLUTION WAS ADOPTED BY THE FOLLOWING VOTE:
Carter M. Borden, ___
Ashley C. Chriscoe, ___
Christopher A. Hutson, ___
Andrew James, Jr., ___
John H. Northstein, ___
Robert J. Orth, ___
Louise D. Theberge, ___
RESOLUTION AUTHORIZING THE CLERK TO ADVERTISE A PUBLIC
HEARING TO CONSIDER AMENDMENTS TO CHAPTER 20
OF THE GLOUCESTER COUNTY CODE GOVERNING PURCHASE OF
COUNTY ISSUED HANDGUNS BY LAW ENFORCEMENT OFFICERS
AND ANIMAL CONTROL OFFICERS
WHEREAS, the Gloucester County Board of Supervisors desires to set a
public hearing to consider amendments to Chapter 22 of the Gloucester
County Code governing purchase of county issued handguns by law
enforcement officers and animal control officers;
NOW, THEREFORE BE IT RESOLVED by the Gloucester County Board
of Supervisors that the Clerk is directed to advertise, in a newspaper of general
circulation, a public hearing notice for a public hearing to be held in the
Colonial Courthouse located at 6504 Main Street on Tuesday, December 3,
2013 at 8:00 p.m., to consider amending Chapter 22 of the Gloucester County
Code.
A Copy Teste:
______________________________________
Brenda G. Garton, County Administrator
Page 63