HomeMy WebLinkAboutMINUTES - 04131999 - D1 D.1
THE BOARD OF SUPERVISORS OF
CONTRA COSTA COUNTY, CALIFORNIA
Date. April 13, 1.999 Matter of Record.
Subject: Public Comment
On this date, the Board of Supervisors heard comments from:
James March, 2300 Humphrey #6, Richmond, on concealed weapons permits;
Marren. Smith, 1100 Bailey Road, Pittsburg, expressed his appreciation for
assistance from the Board on various matters, Dwight L. Wiggins, President,
Tosco Refining Co., 150 Solano Way, Martinez, regarding the current status of the
standdown at Tosco-Avon Refinery; Larry Ziemba, Plant Manager, Tosco-Avon
Refinery, 150 Solana Way, Martinez, on training and recertification of employees
at the refinery, Donald R. Brown, 1801 Sonoma Blvd. #117, Vallejo, regarding
concerns relative to the March 23, 1999, explosion at the Tosco-Avon Refinery.
THIS IS A MATTER FOR RECORD PURPOSES ONLY
NO HOARD ACTION `"VVAS TAKEN
RECEIVED
Settlement proposal by plaintiff James March,4/12/99,ver,1.1
fi
Prior to 1/.199 the max fee by the issuing agency for CCW permit issuance was$3. See also the text of AB2022 ffec ve 1/1/9.9 and a
letter Dan Lungren sent to all PC Chiefs and Sheriffs in '95 or'96. Sheriff Rupf has been charging$300+per
236 current permitholders paid that then we're talking about$70,000 in overbilling. To conceal this the She an �� ISOf4c
o.
who might know or suspect the ripoff from ever seeing the application forms, resulting in piles of"verbal denials , w IF v
tracking and can prove a pattern of. The Sheriff restriced issuance to the wealthy knowing that such persons wouldn't complain about
the fee.structure,since most of them were willing to pay$100 for cheap outdoor food and access to His Majesty the Sheriff at his
campaign benefit picnics. Game over, Sheriff Rupf, this agreement will strip you of most of the discretionary abilities you've so grossly
abused.
Plaintiff agrees to:
A)End the suit against defendants re:misdeeds of Sheriff Rupf and Lt.Wayne Willett and walk away with zero cash.
Defendants Sheriff Rupf and County agree in writing to:
B)Accept"lawful self defense"as good cause for CCW issuance.
C)Accept a 24hour POST-certified Community College program as the sole training requirements for issuance. That will take the
training requirements completely out of his hands versus allowing him to set up any system up to 16 hours.
D)If the Sheriff wants to run people past a psychological exam per PC 12050 as amended by A82022,he will have to publish the results
of an outside audit into the costs paid for such services for screening of deputy candidates,and charge no more than that to permitholder
prospects,or the$150 maximum set by law.
E)Deny permits ONLY for the following causes at his discretion:
I. Any Felony,restraining order or violent misdemeanor that the DOJ didn't"catch". Assuming they're genuine,of
course.
2. A DUI in the last four years or multiple DUIs ever(negotiable).
3. A misdemeanor property crime considered light enough it doesn't affect gur ownership eligibility within the last five
years,or multiple ever. FTAs on minor traffic matters don't count unless still outstanding or extremely plentiful.
(negotiable)
4. A sworn statement by a licensed mental health professional that the applicant is a hazard to themselves or others.
5. A sworn statement from any peace office, local, State or Fed that the permitholder candidate poses a threat to society,
listing the specific reasons for such a statement under penalty of perjury.problems such as"known gang contacts",
"uncharged domestic violence" "he's a crook we haven't caught yet","habitual drunk"or similar backed by evidence
such as what might be needed for a search warrant are examples of what are acceptable.
F)Defendants will not get any attorney's fees or other suit-associated charges out of plaintiff.
Note that some of the particulars in section"E"are negotiable.If he wants to go even harder on DUIs or whatever,fine,within limits,But
the concepts are NOT negotiable-this is about stripping Rupf of most of the discretion he has wildly abused,leaving him enough to
ensure public safety without using CCW issuance as a"juicy political plum and campaign fund booster".
James March,attorney pro per,at the moment,sole contact method is Email,j tch@ricochet,net
See also any website,http.1/www,jiiuhundred,neL/.-QQualcew-note the newest update linked at the top of the home page exposing this
madness.
PS:Checkmate.This offer is about the Sheriff and County saving face while fixing CCW.Turn this down and the county will be very
interested in why such an immense cost saving was thrown out,plus you'll face dozens of copycat suits once the details of the illegal fee
structure and measures to cover it up are revealed.
Note for the Board of Supes:at$75 maximum profit per permitholder in the above arrangement,total income from 5,000 permits would
be$354,000. That assumes a max fee to the issuing agency of$100 and$25 processing cost. This is cash that can go into the general
fund,see also AB2022 effective 1/1/99. 5,0300 new permitholders is conservative,so rather than these measures and my suit being a
financial drain,we're talking about a giant new profit source!
W ,{t t }�.atty }tiiof y}z�yt4tSt-}� (�srJ/ (��t} wt y
Warren E.Rupf
Sheriff
March 17, 1999
Mr, James March
2300 Humphrey Street, #0
Richmond, CA 94504
Dear Mr. March:
Attached is an application for a Concealed Weapon Permit and the instruction sheet regarding the
procedures to obtain a new permit through the Centra Costa County Office of the Sheriff. Please
take notice that a $30.00 non refundable application fee must be submitted with the
,application.
[wring our meeting on March 9, 19991 referred you to the Richmond Police Department to apply
for a CCW because you reside in that city. On March 15, 1999 you stopped by my office and told
me that the Richmond P.D.would not help you regarding your application. You informed me you
had filed a lawsuit and gave me a copy of the summons as a "courtesy."
You may certainly apply to this Office for a CCW. However, it is unlikely that you will be approved
for a CCW for the fallowing reasons:
1. The jurisdiction where you reside is where you should apply for a CCW. You reside in the
City of Richmond. The Chief of Police of the Richmond Police department is the proper
authority in your case.
2. A Felony arrest/conviction.
If there is some additional information you would like me to have that pertains to your situation or
if you have any questions about the application process, please communicate in writing, I will
provide a prompt response. Thank you for your courtesy in this matter.
WARREN E, R€JPF, SHERIFF-CORONER
6
Lt. Wayne Willett, Professional Standards & Resources
Ph. ## (925) 335-1519
Post Office Box 391• Martinez, California 94553-0039
(825)335-1500
PROCEDURES tJVl'<r S lU OBTAIN AtY 'Y t,t,/.(YCEAJ ED_ i3'EAP0lrr.l� .[l1Y.tll
APPLICATIQN A formal application shall he completed by each applicant. The application must be legible
and complete. under the section asking why you desire this permit,elaborate extensively. Personal convenience,
personal protection,position or.Job classification in itself will not constitute good cause for issuance of permit.
Yourustif'ication for need is considered when making the detenrination whether or not to issue a permit. Use the
back of the application, if necessary. Submit the entire package with a personal check,or money order in the
amount of$34 to the Sheriff or his designee. Payment should be made to Contra Costa County. This application
fee is not refundable in the event the permit is denied.
PERSQNAL IN'T'ERVIEW Applicant will be interviewed by the Sheriff or his designee. If it is determined
that a valid need for the applicant to carry a concealed weapon exists, and applicant's legal residence or
employment is within the Jurisdiction of the Office of the Sheriff,applicant will be given a comprehensive
background questionnaire to complete. Denials at this stage of the application process will be made in writing.
RLVIEW The Sheriff or his designee will review the completed application package, The applicant will be
notified in writing or by phone within three weeks as to the result of this review and the subsequent decision.
FIREARMS QUALIFICATION if the application is accepted,you will be required to complete a course of
training. The law now requires that all applicants&renewals complete a firearm use/safety training class.The
Sheriff's Office sponsors a 4-5 hour class that satisfies this requirement.The registration fee for this class is$60.
Cost of ammunition and classroom materials is extra. We will also accept a certificate of completion for a firearms
use/safety course that has been taken in the previous calendar year. This trust be a California State Peace Officer
Standard&Training approved course presented by a community college. If a permit is issued,the applicant must
complete the training course prior to each renewal. Standard permits are valid for two years. Applicants who wish
to register for the Sheriff's Office sponsored class may contact Linda Keremian at Ph.#(925)335-1542.
RECORD CHECK Applicant's fingerprints are forwarded to the Department of Justice for processing. It can
take 10 to 12 weeks to receive notification of clearance from the Department of Justice. When such notice is
received,a background investigation is conducted. The facts gathered by the investigating officer and his
recommendation are forwarded to the Sheriff,who makes the final determination regarding issuance of the license.
A mini:num of ninety(90)days processing time can be anticipated for issuance of a new concealed weapon permit.
Your patience will be greatly appreciated.
APPROVALIVENIAL OF REQUEST Successful applicants will be notified by phone and will be
required to pick up.their permit at the Sheriff's Records Unit,where all remaining fees must be paid. Those
applicants whose permit requests are denied will be so informed either in person or by trail. All fees are non-
refundable..even if the request for a concealed weapon permit is denied,as fees are for processing costs and not for
the actual permit.
FEES
Initial Application Fees are collected in the fallowing order:
i. $30 nonrefundable application fee must be submitted with the application.
2. All DOJ fees must be paid when fingerprints are taken.
3. 'The retraining$138 county fees must be paid when the License is picked up.
*The registration fee for the firearms use/safety training class sponsored by the Sheriffs Office is$60.
1NrrIAL APPLICATION FL S. RENEWAL FEES:
90-Day Employment CCW -$301 90-Day Employment CCG' - $88
Three-Year Judge CCW-$335 Three-Year Judge CCW-$182
Two-Year Standard CCW-$318 Two-Year Standard CCW-$165
Four-Year Peace Officers CCW-$242 Four-Year Peace Officers CCW-$139
RENEWAL If Concealed Weapon Permit is issued, the standard permit is valid for a period of two years. The
applicant must apply for renewal,at which time the Sheriff or his designee will reevaluate the applicant's need.
Applicant should allow sufficient time for the renewal process before the current CWP expires. The Sheriff has
final approval on all permits.
ADDITIONAL INFORMATION RD—ING CONCEALED WEAPON LMA TS
Completion of the application does not mean you will be issued a Concealed Weapon Permit. If the license is
issued, it may be subject to reasonable limitation and restrictions,and will be valid only if used in compliance with
those noted limitations and restrictions.
Possession of a Concealed Weapon Permit is a privilege,not a right,and as such is subject to revocation whenever
deemed necessary by either the Sheriff or the State Attorney General's Office.
Applicants should also be cognizant of the fact that a Concealed Weapon Permit issued in the state of California is
not valid in another state. Applicants should familiarize themselves with Sections 12025, 12026, 12027 and 12031
of the California Penal Code and Section 2006 of the California Fish and Game Code.
State law mandates that some of the information ora file pertaining to Concealed Weapon Permits is public
information,and as such is subject to release upon request from the public. The applicant's Marne,city and state of
residence,and the stated purpose for the Concealed Weapon Permit is public information and will be released on
demand.
The possession of a Concealed Weapon Permit does not exempt any individual from criminal prosecution or civil
liability,other than the act of carrying the specific Firearm within the state of California.
Carrying a concealed firearm by authority of a Concealed Weapon Permit is not authorized when:
I. Attending social or public functions except when a specific need can be articulated.
2. Under the influence of alcohol and/or medication.
3. Present in any area where weapons are prohibited such as the boarding area or on board a
cOnainercial airline.
4. Acting as,or conducting business as,a private security officer.
The issuance of a Concealed Weapon Permit does not excuse or justify any behavior which might otherwise be a
violation of any other law pertaining to weapons.
If you require additional information pertaining to the application process,please communicate in writing. I will
provide a prompt response to your inquir}. Thank your for Out c•<uspc I'll ItolI ill this Inattcr.
WARREN E. RUPF,SHERIFF
By: —/i t )*-,� J
Lieutenant'4 a Illett,Administration Division
DEPUTIES:
VICTOR J.WE TMAN PSII%LIP S ALTHOFF
CCUNTV COUNSEL JANICEL.AMEN TA
NORA G.BARLOW
8.REBECCA BYRNES
S3LVANC}S.MA£ CI ESI ANDREA W.CASSIDY
CONTRA COSTA COUNTY MC7NIKAL.COOPER
CH IEF ASSISTANT COUNTY COUNSEL VICKIE L.E'AWES
OFFICE OF THE COUNTY COUNSEL MARKES.ESTtS
MICHAEL 0,FARR
SHARON L.ANDERSON COUNTY ADMINISTRAMN BUILDINGLILLIAN T.FUJII
ASSIST ANT COUNTY COUNSEL 1 DENMS C.GRAVES
65 FINE STREET 9th FLOOR JANET L.HOLMES
GREGORY C.HARVEY BERNARD CALIFORNIA 94553-1229 KEVINTKERR
BERNARD L.KNAPP
ASSISTANT COUNTY COUNSEL EDWARD V.LANE,JR.
BEATRICE L?U
MARY ANN MASON
GAYLE MUGGL PAUL.R.MUN12
tit
VALERIE J.RANCNE
OFFICE MANAGER
March 22 1999 STEVEN P RETTIG
DAVID F SCHMIDT
DIANA J.SILE
PHIONE(825)335-1800 BARBARANVSUTLIFFE
FAX(925)646-1078 JACQUELINE YWOODS
Mr. Jaynes March
2300 Humphrey Street, #6
Richmond, CA 94804
Re: ,lances March v. Sheriff Rupf, et al.
Contra Costa Superior Court Action No. C99 - 00887
Dear Mr. March:
The complaint that you served upon Sheriff Warren Rupf has been referred to this office
for handling. Under the local rules, we are required to advise you when we are contemplating a
demurrer or a motion for summary judgment, This letter will advise you of the grounds for the
demurrer or motion for summary judgment and constitute a meet and confer to point out what 1
believe are deficiencies in you pleading that may result in dismissal. You may respond to the
letter either in writing or by phone if you life.
Your claim that your civil rights have been violation is not supportable under either
federal or state law. See Erdelyi v. O'Brien, 680 F.2d 61. 62-64 (9th Cir. 1982) and Nichols v.
County of Santa Clara (1990)223 Cal.App.3d 1236, 1241. There is no constitutional right to a
license to carry a concealed weapon because you have neither an affected property right or
liberty interest. Such a license rests in the discretion of the Sheriff or the Chief of Police of City
of Richmond. Agreements between overlapping authorities as to which of the two authorities
will issue permits is recognized under state law. See Penal Code section 12050(g).
You are of course welcome to file an application for a concealed weapons license with
the Sheriff s department and the Sheriff will be happy to exercise his discretion as he is required
to do under state law. But you should be aware that the department has investigated and learned
of your felony conviction and the 1998 incident in Tilden Park at the Meadows Playfield on May
23, 1998 involving yourself and one Terence Terry. The felony conviction requires denial of the
concealed weapons permit because it is a felony for a felon to carry a concealed weapon. See
Penal Code sections 12021 and section 12050(e)(1). If you contend that any of these facts are
incorrect, please advise.
You should also note that your general conclusory allegations in your complaint will not
help you support your claim. The specific case law deprives you of your claim. If you have other
legal authorities I would be happy to consider there.
Finally, you should be aware that under the law if i decide to proceed by summary
judgment and the Court finds that your complaint is not reasonably supported by law or facts, I
would be entitled to seek fees under Code of Civil Procedure section 1038. 1 urge you to
reconsider this suit in light of the authorities which.I have cited and consider voluntarily
dismissing the matter.
I will wait seven days for you to review the citations and for your relay. If I do not hear
from you in that time I will take all necessary legal steps to protect my client's interest.
Very truly yours,
Victor J. WN gtman,County Counsel
By, i-. Tr
Clregory;C. Harvey
Assistant County Counsel