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Policy or procedure? — Superintendent, trustee suggest alternative to control concealed carry

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By
Mary Stroka, NLJ Reporter

Editor's note: This story was updated to correct the name of the trustee who asked about procedure over policy. 

Weston County School District No. 1 trustees might consider using a procedure — rather than a policy — to advise employees how to appropriately and legally carry concealed weapons on school property.

At the board’s July 21 meeting, trustee Dana Gordon asked Board Chair Dana Mann-Tavegia whether the board could approve a procedure instead of a policy that describes what the district’s insurance company requires regarding employees who want to conceal carry.

Superintendent Brad LaCroix said that policies tend to be directed toward state law issues and procedures can also be best practices. According to LaCroix, the district could include protocols regarding employees’ ability to conceal carry in the staff handbook, under guidelines. LaCroix noted that he had not discussed the idea with Abbi Forwood, the school district’s attorney, and she was not present at the meeting.

“It was just a thought that I had, that if the only real issue is liability, I think there’s a way to get you there,” he said.

LaCroix has suggested that the district should be cautious about imposing additional restrictions after the state legislature eliminated gun free zones, and indicated those restrictions could prove burdensome in emergency situations. For example, he said that, in an emergency, he doesn’t believe the district will be able to expeditiously tell emergency responders which staff members have firearms.

“As frequently as we have emergency responders change, i.e., law enforcement, I’m not sure we’re going to be able to convey that to them in a timely manner,” he said. “I think that when they come in, what they’re really looking for is the weapon, and they’re going to try to neutralize that as quickly as possible — or the threat, or whatever it be, hostage situation. The idea is that we’re not waiting outside anymore.”

He also defended the right of employees to carry a firearm as state law allows, saying he imagines that district employees who have occasional exposure to children want to help protect them. They may choose to carry a firearm and wonder why they need to follow additional requirements. 

He also advised that the board shouldn’t over-react to liability concerns, noting that he doesn’t anticipate a lot of help from insurance companies.

“Every time it seems like we need them the most, they’re there the least,” he said. “And just because we have the coverage, doesn’t mean it’s going to cover you, because if you’re negligent, you’re negligent.”

Mann-Tavegia countered that trustees took an oath, which included promising to protect the district.

“We’ve done a lot of other things to protect ourselves against liability,” she said. “Many, many things. It’s really hard for me to say I’m willing to let the district be hanging out there with that, without any liability coverage.”

Trustee Tyler Mills said board members don’t have enough information regarding what the district’s liability policy does and doesn’t cover to decide whether to create a policy to ensure compliance.

Trustee Paul Bau suggested that allowing staff members to carry Byrnas, which are non-lethal, self-defense launchers and don’t require a license, would be less of a problem and that the district would have “so much less worry.”

“People that aren’t necessarily comfortable with guns have no problem with this,” Bau said.

Mann-Tavegia said she would ask Forwood whether a procedure would satisfy the insurance company, and Bau said he would ask Angie Holliday, the district’s business manager, to find out what information the insurance company would need to have regarding Byrnas.

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