RE: New term to define

Personal opinion. He did the time and got caught up in something that he would have been fired for. No, he shouldn't qualify. He took the easy way out. Now, here's my question. If they continue the investigation and find him guilty can they revoke his statis? Can they stop his pension?

RE: New term to define

Was the investigation stopped when he left?
Was he given a retirement ID when he left?
I would think that if the answer to both questions is yes, then the department would have no choice but to say that he left in good standing.
As to his pension I wouldn't think that it could be taken away because he did put in the time on the force, I know one former officer in Indiana that had over 25 years on and when to prison for 56 years for child porn and molestation and gets a monthly check.

RE: New term to define

He is getting a pension. One of the unusual things is that the state has a pension board for all employees. You can retire by going to the pension board and not even telling the agency until the paperwork is done and you are actually retired.

He retired on May 31 and has not yet been given an ID card. Part of this question is in regards to their even issuing the ID card. I don't know yet what the decision by the brass will be on the ID card, and am trying to figure out what I would do in that position.

RE: New term to define

I would check with TCLEOSE and see if they have a definition regarding his license status. I remember submitting F-5's, there are options to check off on regarding how an Officer left a Department, one being "currently under investigation". They very well may tell you that this is an Agency issue, however. I would also check with the Attorney General's Office, see if they have an opinion. If I was in a position to make an administrative decision I think I would issue an ID for the Officer if his infraction did not involve a crime of violence, moral turpitude, or some other event that would have prevented his employment as an applicant. Not knowing all the details makes it difficult to make an assessment. Drawing a pension does not constitute an honorable discharge, and in my opinion is a side issue. I would weigh the total, make a decision that I felt I could support, and not worry about covering my ass. Much as you are doing, I would explore the feedback of others, look at the person's total career track and current situation. Also, I would ask this question: If this person was allowed to continue to carry would that be a benefit or detriment to society? If he/she qualified for a CHL he/she should probably be issued an ID...

RE: New term to define

If he doesn't have an ID saying he's retirted in good stadning, then I don't see how he could be. Even if he did have, unless the city, county or state let him qualify with them, he couldn't legally carry anyway. That's been a hotbed issue around the country ever since the LEOSA was passed. Most agencies don't want the liability.

RE: New term to define

CPD,

My question was about whether or not the agency would give him the ID and when it is required to. It becomes a moot question on Sep. 1, when agencies in Texas are required to issue ID's to retirees and the new law does define good standing as retired not in lieu of discipline and entitled to collect a pension (so retiring while being investigated is good to go by this law).

And the law in Texas also says any agency can qualify you, not just the one you retired from. It really is getting better for retired officers in Texas under LEOSA.

Just a thought

Just stirring the pot here a bit but section 6 states that he has to meet the standards of the agency. It never says the agency has to be the one doing the qualification. So this could be read to mean that he could hire a private instructor to run him through the qualification course.

Thats one for the legal eagles to decide.

RE: New term to define

I HAVE SEEN PEOPLE IN LAW ENFORCEMENT GET THEIR BUTTS INTO TROUBLE, AND JUST AS SOON AS THE CRIMINAL INVESTIGATION BEGINS, THEY APPLY FOR AND GET THEIR PENSIONS...LOOK AT DREW PETERSON AS AN EXAMPLE, THE BOLINGBROOK COPS UNDER INVESTIGATION FOR AT LEAST 1 HOMICIDE, WITH THE POTENTIAL FOR 2 HOMICIDES...HE GOT HIS PENSION AND IS LIVING OFF OF IT NOW....I DON'T KNOW FOR A CERTAINTY OF HE HAS HAD HIS ONCE CONFISCATED WEAPONS RETURNED TO HIM YET, BUT I DOUBT ANY SNAE CHIEF OF POLICE IS GOING TO ALLOW HIM TO BE CCW. DREW PETERSON IS UNDER A CLOUD OF SUSPICION UNTIL THE STATE POLICE CONCLUDE THEIR INVESTIGATION AND THE GRAND JURY HANDS DOWN AN INDICTMENT.

Who can qual retirees?

However, LEOSA is clear that only the state or the individual's agency can issue the card certifying that the retiree made the qualification course. If a private instructor is used for the certification then either the state or the retiree's agency would have to agree to use that private instructor's course as acceptable qualification but the state or the agency are the only ones who can issue the certification card.