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Retired Officer Wins Right to Carry Firearm
In August of 1998, Angelo Glorioso medically retired from the Alhambra Police Department due to work related knee injuries. During Officer Glorioso's twenty plus year career with the Alhambra Police Department, he served on the POA's board and was vocal in association activities. During his tenure as an association leader, he was instrumental in having then-Captain Leon Burrus, now the Chief of Police, removed from the association for failure to pay PAC dues.
Not surprisingly, after Officer Glorioso's retirement, the Chief of Police refused to issue Officer Glorioso a retiree identification card authorizing the carrying of a concealed weapon as required by Penal Code Section 12027.1. The Chief of Police also refused to participate in a hearing pursuant to Section 12027.1 to establish good cause why a CCW endorsed identification card should not be issued.
Retired Officer Glorioso, represented by Dieter C. Dammeier of Lackie, Dammeier & McGill, petitioned the Los Angeles County Superior Court to compel the Alhambra Chief of Police to issue a CCW endorsed identification card or to provide a hearing to show good cause why he should not. The City and the Chief, realizing that they had no legal basis to refuse such hearing and within days of the Superior Court ruling on the matter, decided to grant a hearing.
Pursuant to Section 12027.1 a hearing panel of three members was assembled, one chosen by the employee (Joe Flanagan-Alhambra POA and PORAC executive board member), a member chosen by the employer (former Alhambra Police Chief Siverling) and a mutually selected member (Retired Superior Court Judge Dion G. Morrow).
The hearing was conducted on April 19, 1999. The City rehashed every disciplinary action taken against Officer Glorioso in his entire career. Mr. Dammeier objected to the introduction of this evidence on the basis that it was not relevant since the information was not related to misuse of a firearm or any violent propensities by Officer Glorioso. In addition, Dammeier objected to the use of Glorioso's personnel records because under City Personnel Rules, the disciplinary actions should have been purged several years earlier.
The hearing panel found that the evidence presented by the City was not relevant to a retired officer's statutory right to a CCW endorsed identification card upon honorable retirement. In referring to the City's attempt to rehash Retired Officer Glorioso's disciplinary record, Judge Dion stated, "If CCW identification cards could be withheld from every retired officer who had any discipline in his or her career, there would be no retired officers carrying firearms". Accordingly, Chief Burrus was ordered to provide the CCW endorsed identification card.
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