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Carry at work

self preservation

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Sorry about that. The last person was supposed to be asked last week and my director forgot to ask. I've already determined that I will ask every Monday until I receive an answer. I'm getting to the point of dropping the KRS on the desk (highlighted of course) but I've got my bills that keep coming in like clockwork. :(

I've been in the same boat before. I got some outside help with mine.
 

willy1094

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I've been in the same boat before. I got some outside help with mine.

Yeah, you are in a rock and hard place situation when it is an employer. To be honest, I wouldn't even want outside help right now (since I'm the only one barking up this particular tree and it would easily lead back to me lol). Maybe once I escalate it, but I hope it does not have to get to that point.

I did get an "I'm starting to get worried about you..." the last time I asked for an update. I was said in a funny way but had a little bite of truth behind it I'm sure. :D
 
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self preservation

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Yeah, you are in a rock and hard place situation when it is an employer. To be honest, I wouldn't even want outside help right now (since I'm the only one barking up this particular tree and it would easily lead back to me lol). Maybe once I escalate it, but I hope it does not have to get to that point.

I did get an "I'm starting to get worried about you..." the last time I asked for an update. I was said in a funny way but had a little bite of truth behind it I'm sure. :D

It looks like you have been plugging away at this for almost a year now.http://forum.opencarry.org/forums/showthread.php?113547-KY-law-and-county-employment

So you're scared (understandable) to pursue this much further on your own, but are also scared to have outside help? So the question begs, how do we make sure that your local Government is in compliance with the law? You've talked to your bosses? Awaiting an answer? An Answer from whom? What would the folks you work with say if I walked in OC'ing?
 
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willy1094

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It looks like you have been plugging away at this for almost a year now.http://forum.opencarry.org/forums/showthread.php?113547-KY-law-and-county-employment

So you're scared (understandable) to pursue this much further on your own, but are also scared to have outside help? So the question begs, how do we make sure that your local Government is in compliance with the law? You've talked to your bosses? Awaiting an answer? An Answer from whom? What would the folks you work with say if I walked in OC'ing?

The "scared for outside help" is more along the lines of I think that it will be approved. It is just not going as fast as I would like and I don't want to have anything pop up that would cause a backward motion. There is another meeting on the 2nd that the issue is supposed to be resolved at. I will let you know. I have been working at making sure everyone knows the law. I can say that you would have no issues from ANY of my coworkers. If you had a problem it would be from an officer that is not up to date. I don't think that would happen but we do have new guys hitting the road.

Just a side story, we did get a call of a guy with a weapon. He was OC'ing when he got out of his car but then covered it with his shirt as he went into a store (I think Home Depot). Someone saw this and called it in. My new trainee told the caller it was legal to carry a firearm. The caller was shocked. It was cleared through a supervisor with PD (policy) who said the same thing we did.
 
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solus

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first, this has been an interesting discussion and tip of the hat to Gutshot for their informative commentary.

second, i wonder what considerations has been given towards penalties, if any, would be invoked against those who violate the upcoming firearm carry policies being developed for the employees?
punishment ranking against severity ~ real or imagined? left to supervisor's discretion? three strikes your terminated? complaint from co-woker(s) who don't like you carrying at work?

i presume your co-workers are equally enthralled with the prospect of guns being in the work place?

but again thanks for the interesting discussion.

ipse
 

solus

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Sorry my title is so vague. I posted a while ago that I was trying to get carry at work. Well, it is looking like that is going to happening now that everyone has been consulted. :banana: I would like to stay in front of this (as long as I can) and thought that suggesting some guidelines would be helpful to keep restrictions from getting too crazy. I just thought I would ask you all firwhat you think should or shouldn't be suggested. I realize that some will say that there should be NO guidelines but as we all know, in the real world, that is not going to happen. Include ANYTHING you can think of. For example: No handling your firearm while in the building (take it to your car to disarm).
Thanks!

sorry, Gutshot, et al., but here is the OP's original posting...(bolding and underscoring as well as italics are mine)

i did find their specific sentence about '...in the real world, that is not going to happen.' seems quite germane to my recent post wouldn't you think?

Now I'm sorry Gutshot, it seems as i have digressed, you were saying?

one final point, you seem to forget 'they' are management, as such 'they' can mandate whatever restrictions, written or not, on their work place.
unfortunately as an at will state, the employee will find themselves jobless without even the ability to collect unemployment since it will be for 'cause' and if the employee feels it was unjust, they must come up with the necessary resources to hire an attorney and pursue for justice.

ipse
 
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solus

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gutshot, et al., sorry you missed my contention which clashes with your perspective where you extrapolate in post 9 about the fired employee having legal recourse after the fact and my contention the fired employee has to have monetary resources to push legal action through the judicial channels, all the while w/o any resources to live or to have medical coverage to sustain possible family medical issues or emergency situations.

as i mentioned, even unemployment is beyond the fired employee's grasp.

nowhere did i state how long it would take to fire your public employee, i simply stated KY is an 'at will' employment state so employees can be terminated for cause, real or imagined, by management. timeframes to terminate are, i am sure, dependent on the severity of the employee's 'offense' or numbers of times committed, etc.

i did not comment on the advice you gave in post 9 of 'carry a gun to work' and then they can't fire you. sorry, see above as the individual carrying the gun figures out how to feed their family, maintain their home, and so forth, as well as finding an attorney to represent them on retainer.

i also didn't mention the damage on promotion advancement though their career.

are you that naïve to believe a county office won't insist, legal or not, is not going to have 'policies' on carrying in the work place?

ipse
 

self preservation

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gutshot, et al., sorry you missed my contention which clashes with your perspective where you extrapolate in post 9 about the fired employee having legal recourse after the fact and my contention the fired employee has to have monetary resources to push legal action through the judicial channels, all the while w/o any resources to live or to have medical coverage to sustain possible family medical issues or emergency situations.

as i mentioned, even unemployment is beyond the fired employee's grasp.

nowhere did i state how long it would take to fire your public employee, i simply stated KY is an 'at will' employment state so employees can be terminated for cause, real or imagined, by management. timeframes to terminate are, i am sure, dependent on the severity of the employee's 'offense' or numbers of times committed, etc.

i did not comment on the advice you gave in post 9 of 'carry a gun to work' and then they can't fire you. sorry, see above as the individual carrying the gun figures out how to feed their family, maintain their home, and so forth, as well as finding an attorney to represent them on retainer.

i also didn't mention the damage on promotion advancement though their career.

are you that naïve to believe a county office won't insist, legal or not, is not going to have 'policies' on carrying in the work place?

ipse

I can't speak for dispatchers, but I know for a fact that a KRS exist to protect Fire/Police from being "at will" fired. The last guy that they actually fired from my place of employment took nearly 2 years to complete. The last guy that they tried to fire was on paid suspension for a few months before he resigned. It may very well cause an employee grief. Even thought I had a lot of "behind the scenes" work going on when I was trying to get carry at my work, it wasn't real hard for the brass to figure out who was ultimately behind it. Will it cost me a future promotion? Maybe. Will it cause me to get a crappy job assignment? Maybe. Will it cost me my job one day? Maybe. But have you ever heard the saying “They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety” ??? I guess this is where you separate the patriots from the timid.
 

solus

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gutshot;We that fight for the right to keep and bare arms here in Ky. don't fight only the easy battles. The fact that it may be difficult and we still fight does not make us naive said:
WE[/B] are the only ones who truly understand what WE are going through and you other folk just don't understand our sacrifices ...' Succient and sincere BS is proffered to the rhetoric.

Again, it is not you or yours getting terminated for your perceived cause and doing w/o income and medical coverage for the cause. In fact, you yourself make the comment
Quote: I know that it is much easier for me to say these things, my livelihood is not on the line. Please be careful . unquote.

Now why on earth would you give the OP any type of warning to be careful after you just give them the advice it is illegal for management to fire them??

Quote:Well, by these standards we can never have a victory, because we never know the final outcome. Unquote Rhetorical BS and warmongering at its finest.

Quote: You seem to not understand what "at will" employment is. Any employee, anywhere can be terminated for cause. Even employees under union contracts can be terminated for cause. The difference is in "at will" employment an employee can be terminated for NO CAUSE, but there are still legal limitations as I posted in post #9. unquote.

Let’s see you stated in post 9: quote: Many Ky. cities/counties have an ordinance that says that an employee can only be fired for "just cause".

Quote: I never advised anyone to " 'carry a gun to work' and then they can't fine you." Unquote.

10 Mar 2014, 1434,GUTSHOT’s post in response to Willy's post:(willy's comment) I depend on my paycheck so I wasn't going to just walking in with a gun on my hip. Gutshots reply: quote: That might be the best way to insure that they can't fire you. After you did that, you'd be "fire proof". No matter what happened afterward, it would always look like that was the reason they fired you. unquote.

I've always said this was poorly handled. This is not the first time this has come up in Ky. and it won't be the last. That doesn't stop people from resisting unlawful acts by local governments. Michael Mitchell didn't give up when his "at will" employment was terminated by the University of Ky. He had no job, he had no money, he didn't worry about his future promotions. I haven't heard any suggestions from you on how it should be handled. It sounds like your solution is that he should just give up, bend over and take it. That might be a "solution" in your home state of North Carolina, but here we would not consider it so. Even if this ends up with the worst possible outcome for him immediately, I can assure you that won't be the end of the matter and others will keep up the pressure on his employer. This is one reason that Ky. has good gun laws. He can stop right now if he wants to, but he has always wanted to do this on his own. At this point, I doubt there would be anyone unaware of the source of the dispute.[/SIZE][/FONT]

I'm sorry, first i heard of a Mr Mitchell whose 2009 discharge from UoKy was for having a CONCEALED firearm in his glove box on University of Ky’s parking area. The august Supreme Court of KY reversed lower court’s ruling(s) specifically due to the fact Mr. Mitchell possessed a CONCEAL CARRY WEAPON permit, and his firearm was CONCEALED in his vehicle's glove box.

quote section IIC ‘…pursuant to KRS 527.020(4) and (8), UK improperly prohibited Mitchell from keeping a firearm in his glove compartment (pursuant to KRS 527.020(8)) or anywhere else in his vehicle (pursuant to KRS 527.020(4), because Mitchell had A CONCEALED CARRY LICENSE.

It forbids a public organization, such as a university, from prohibiting the possession of a firearm in the glove compartment of a vehicle.

(http://caselaw.findlaw.com/ky-supreme-court/1600102.html:

I shan’t delve into your mindset regarding citing case law and statutes concerning Mr. Mitchell’s plight regarding his 2009 termination over having a CONCEALED handgun relates to the OP’s query about how to get their employer to allow employees being allowed to OC’g in their work environment.

But will go back to my initial thought…who kept Mr. Mitchell's house payments current? Who put food on his table? Finally, yippee, how much of the restitution did the attorneys get?

Bottom line you are unemployed your without livelihood and prevented from working in your chosen field.

my suggestion was posted in #39 and nowhere did i suggest the OP give up. this was right before you launched into your freedom and liberty snit and rant towards me. Additionally, you might wish to review what was written cuz i didn't say those things you just posted.

"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen." Samuel Adams
Hurray for the rhetoric being spouted.

So there you have it Gutshot...Unfortunately, my opinion of you has now significantly changed...

You are like the man in a bar who aggressively and passionately starts the fight over a perceived moral wrong, eggs everyone on into the brawl, then walks away telling the police...'you know, i'm not sure what started the brawl...'

Your reading of the statutes and case law seems to me is extremely skew’d and is worrisome as it will lead anybody who listens to your preach your soapbox rhetoric astray and then you will look at them saying…you didn't truly understand what I said but you’ll be a good martyr for the cause ~ oh sorry your family is homeless and destitute due to your misunderstood actions!

ipse
 
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solus

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Gutshot, et al., i do apologize for the last post...the technology got ahead of me trying to respond when i felt it was needed...

since i am on your ignore anyway, what the hey...

you brought up Mr. Mitchell, i did due diligence and read the ruling from the Ky Supreme Court. (cite provided in my post)

shame you didn't since the Court's ruling centered on the location of Mr. Mitchell's firearm (glove box of his vehicle in the UK parking lot) and the FACT he had a KY CCW permit. The other issue was a perceived circular conflict between your precious KSR(s)!

These are what turned the tide for Mr. Mitchell and his appeal.

Don't you ever wonder why, just just once, why you immediately turn, get into a snit, and then run to the ignore button after blaming others ineptitude whenever you are when challenged instead quantifying and clarifying.

the interesting part was, i did enjoy your commentary, it apparently was indefensible as the comments couldn't withstand critical examination.

'you know officers, i don't know what started the brawl'...we all have a pretty good idea now, don't we gutshot?

ipse
 

willy1094

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Am I reading some of these posts correctly? Am I a non-patriotic timid whiner? How should I have handled this situation differently? Perhaps I am misreading some comments.

To answer at least one question: NO, not everyone is looking forward to carry at work.
 

self preservation

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Am I reading some of these posts correctly? Am I a non-patriotic timid whiner? How should I have handled this situation differently? Perhaps I am misreading some comments.

To answer at least one question: NO, not everyone is looking forward to carry at work.

I wouldn't call you any of those things. This thread got a little hi-jacked from an outsider that doesn't realize how we are not afraid to get things done here in KY.(at least most of us are this way) . With that said, I have tackled city and county entities head on when they were violating the law.............except the city that I work for. I "recruited" outside help from the word go on that one. The reason that I did that is because of the reasons that you have mentioned.....if things went south then my employer could retaliate against me.

If I piss off city or county officials that do I do not work for, it's harder for them to make my life hard. This may not be true with my employer. And don't think for one second that my bosses didn't try to stone wall us carrying at work. The first words that I heard were, "hell no they can't carry a gun at work." 65.870 proved them wrong. Then I heard "they all must show us a CCDW before we can allow this." 65.870 proved them wrong. Then it was "they can't carry in city vehicles." 65.870 proved them wrong. And "we will need a policy to give employees guidance on this issue." Once again, they were proven wrong.

About a dozen more "incidents" have came about and it was proven that they couldn't do any of the restrictive things that they wished to do. My last shift I came to work with a sweat shirt on with a .380 in the waist ban. As the day went on it became warmer outside, so I removed my sweat shirt and was only wearing a t-shirt. My chief saw my gun and said to me "will you do me a favor and not OC at work? Now this is only a request and you can carry however you like, but will you conceal while at work?" Trust me, a year ago this would have been an order and not a request. It took them a while to understand what authority that they do and do not have. Some people learn slower than others but they all eventually learn.

Now on to your case. You have handled your case in a different manner than I did mine. I'm not making the claim that you did it wrong, but rather you took a different route than I did. So we must work with what we now have. Your neck is out there and there is no pulling it back in now. I actually applaud you for trying to make a change, but you may have to work a little smarter now that you have risked so much. You have been attempting to get this done for a year now and nothing has changed. So it seems to me that your employer isn't in too big of a hurry to comply with the law.

Have you shown them a copy of 65.870? That would be a great step instead of just saying "there's this law out there somewhere that says XXXX" Usually, the more they read of 65.870 the faster that they want to make sure that they are in compliance. Have you read 65.870? It's gets pretty scary the further down you go. Well, it gets scarier for elected officials and bosses at least. :) For folks like us it's a love story gone right. So where do you currently stand and what is your next move?
 
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willy1094

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I agree with everything self preservation said here, and he has been in the same situation as you. When I said that this has been handled poorly. I only meant that you had exposed yourself to retaliation unnecessarily. It would have been better for you to get someone from the outside to do this. Under the circumstances, I think you are doing great work under difficulty conditions. There is a lot to be said for the idea of doing things your way and using your own resources, but its not always the best way and I only point this out in hopes of preventing the next guy from taking the same risk.

Trust me, I understand that I have put my neck out there and that I would have been better off getting outside help. When I started this I was brand new to this site and did not feel comfortable asking anyone here (I now realize I could/should have) and I do not really have friends that I would take something like this to. I do believe that the dragging of the feet MAY be intentional (the topic is definitely not first priority). I have told him what the law reads but I haven't given him a printout of the actual KRS up to this point. We only have one last person to go through and I should have an answer. There is supposed to be a meeting today that the issue is brought up on but this will make the third such meeting. I will keep everyone posted.
 

self preservation

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I don't want to risk offending anyone else after willy1094 being raked over the coals, but I have a couple of questions. How would you feel about your chief requesting that you or one of your coworkers vote for a particular political party or candidate? How would you feel if he requested that you pray to Allah for his recovery from an illness? How would you feel about him asking for the favor of not reading or quoting from a particular newspaper that he disliked or not mentioning George W. Bush or Barack Obama in any of your conversations? How would you feel if he requested that you not be seen in the company of black people or gays while in uniform? I am not suggesting any course of action for you. I just want to know what your reaction would be to those situations. I suspect that you would answer that he would never do any of those things. That would be just the point that I want to make. He wouldn't do those things, but he does not see anything wrong with requesting that you carry a gun in a manner that he thinks most appropriate. I recognize that it being a request instead of an order is progress and that progress came about by force of law and persistence by you, but that type of thinking is what we need to change. I am not sure that can be done by confrontation or force of law. I suspect it will have to be done by gentle persuasion and demonstrating good examples. After you and others demonstrate that you can carry concealed without any problems, those attitudes may disappear. Asking for any kind of favors is highly inappropriate for anyone with authority over others and there is tremendous risk in that kind of activity. Would he ask you to lend him money. I doubt it and he certainly shouldn't. What is he going to say when you pressure him to return the favor by asking him to do something unethical or unfair to other employees?

I don't disagree with you at all. I was just pointing out that progress is being made. We are still far from a perfect setting. His comments did disturb me to a certain degree for the reasons that you mentioned. I don't want any other readers to get the impression that these types of "request" are ok, but that even after you win the main battle smaller battles will follow.

There is a tiny bit more to that story, more words were said than what I shared, but I only shared the part that I felt highlighted my point. I have worked for people that "gently encouraged" us to vote one way or the other. It's a very unethical situation. Most people just shake their heads in false agreement to pacify the situation. Some people, as you say, use gentle persuasion to reject these request.

I have learned with this Chief that he is like most Government thugs.....he will attempt to run as much of our personal life as we will allow him. The "hot topic" this month that we all are having to put with from him is if we are allowed to wear non-uniform clothing such as jackets and ball caps while we are leaving the building and walking through the parking lot to our cars at the end of our shift.

The first time he said something about this we gently disagreed with his statement and pointed out that we are off duty at that point and were no longer required to wear issued uniforms. The second time he tried to make a fuss over it we became a little more aggressive and stated that we would need to paid until the time that our vehicles leave city property. If he makes a 3rd fuss, then no doubt in my mind he will be told by some employee to file internal charges against us and we will bring it to public light and fight it through the proper channels......or the 2nd option that he will be given is to drop all of his non-sense. Usually, they choose option 2.

Now what does uniforms on and off duty have to do with carrying guns at work? Because just about every situation here is handled the same way. The first time he "request" that I carry a certain way and I respectably reject it. The second time he "request" the same action, I more aggressively reject it. The third time he makes the same request, I state to him that we are going to have to go on up the chain of command to resolve this issue. He will quickly realize that him arguing that I'm refusing to give in to a personal whim of his won't be much of an argument and he will ultimately only damage his own image. Like I said in an earlier post...they all eventually learn...some just learn slower than others.
 

solus

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Am I reading some of these posts correctly? Am I a non-patriotic timid whiner? How should I have handled this situation differently? Perhaps I am misreading some comments.
To answer at least one question: NO, not everyone is looking forward to carry at work.

Willy, it was never my intention for you to perceive your actions as timid nor a non-patriotic whiner nor to make you feel you were 'being raked' over the coals, least of all by myself. the should of, would of, could of, bleacher quarterbacking is always counter productive overall but you have accomplished one important thing to date ~ awareness within management of the workplace environment which is always a good thing.

the reason i asked the question i did earlier if everyone is on board, is if everyone is a common front, then life overall is good in your work environment and management has little to complain about. if not then there could be constant strife from co-workers who will insufferably try to get the bosses ear and attempt to undermine the progress you have accomplished.

secondly, my other comment was geared towards assuring there is a standard 'punishment' policy for those who abuse their carry within their work environment. this level of articulation would eliminate uneven punishment for infractions or retaliation if you will, and put everyone on the same level whenever there is an infraction. this methodology would eliminate the perception and the grief Self Preservation brought up about the boss complaining about employees wearing 'non-uniform' clothing articles after shift to leave the building. (truly aghast to hear about that level of managerial pettiness truth be told).

ipse
 

self preservation

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Willy, it was never my intention for you to perceive your actions as timid nor a non-patriotic whiner nor to make you feel you were 'being raked' over the coals, least of all by myself. the should of, would of, could of, bleacher quarterbacking is always counter productive overall but you have accomplished one important thing to date ~ awareness within management of the workplace environment which is always a good thing.

the reason i asked the question i did earlier if everyone is on board, is if everyone is a common front, then life overall is good in your work environment and management has little to complain about. if not then there could be constant strife from co-workers who will insufferably try to get the bosses ear and attempt to undermine the progress you have accomplished.

secondly, my other comment was geared towards assuring there is a standard 'punishment' policy for those who abuse their carry within their work environment. this level of articulation would eliminate uneven punishment for infractions or retaliation if you will, and put everyone on the same level whenever there is an infraction. this methodology would eliminate the perception and the grief Self Preservation brought up about the boss complaining about employees wearing 'non-uniform' clothing articles after shift to leave the building. (truly aghast to hear about that level of managerial pettiness truth be told).

ipse

Under KY. law no such policy can exist.
 

solus

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Under KY. law no such policy can exist.

as i am sure there is no policy dictating enforcement of which clothes you can wear into or out of work...yet by your post, you have had to 'enlighten' management not once, but twice. and you are anticipating a third discussion of the matter within your own work environment.

while i truly find macro guiding policy abhorring, some sort of written guidance in place to mitigate these kind of discussions and eliminates the spur of the moment type concept of management's arrogance of 'cuz i say so' situations you are currently discussing as well as provides employees boundary within the work environment.

further if there is not some type of a policy outlining what happens if an employee pull their load firearm in the work environment (non-hostile btw) you would have chaos wouldn't you...'well i pulled cuz bill pulled his', and 'i pulled cuz jenny pulled hers', and I accidentally discharged mine due to finger placement while drawing... so forth...so who is going to get punished and to what degree? termination?

but your right, i can see there is no need for a policy...just cuz the KY GA decided not to micro manage with statutes to cover every situation basic management concepts should be ignored.

management 101 concept

ipse
 
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self preservation

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as i am sure there is no policy dictating enforcement of which clothes you can wear into or out of work...yet by your post, you have had to 'enlighten' management not once, but twice. and you are anticipating a third discussion of the matter within your own work environment.

Firearms are Constitutionally protected as well as being protected by state law. Uniforms are not.

while i truly find macro guiding policy abhorring, some sort of written guidance in place to mitigate these kind of discussions and eliminates the spur of the moment type concept of management's arrogance of 'cuz i say so' situations you are currently discussing as well as provides employees boundary within the work environment.

Once again, a policy at your work place may be a great idea. But KY. law forbids it. Even if we wanted our employers to have the authority (and we don't) to make rules and policies, it isn't allowed.

further if there is not some type of a policy outlining what happens if an employee pull their load firearm in the work environment (non-hostile btw) you would have chaos wouldn't you...'well i pulled cuz bill pulled his', and 'i pulled cuz jenny pulled hers', and I accidentally discharged mine due to finger placement while drawing... so forth...so who is going to get punished and to what degree? termination?

If everyone at work draws down on one another, more than likely that would be a criminal charge. Ps, years ago we did have an AD at the station....long before I got hired but the hole remained in the tile until they replaced it about 8 years back.

but your right, i can see there is no need for a policy...just cuz the KY GA decided not to micro manage with statutes to cover every situation basic management concepts should be ignored.

I don't know if I have mentioned this or not, but you can NOT have a policy. Love it or hate, no policy can exist. But just to get a better insight of your thought process, will you share some policies that you would put into place if you could?
 

willy1094

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Location
Nothern KY
Word has come down the top of the hill and this time it smells sweet. I got the official word that we can carry at work. I still want to read the memo that came down but that is just my curiosity taking over.:banana:
 
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