Okaloosa County BOCC — February 11, 2013 — Legal Opinion on Award of Firearm — reading text

To: Chairman Don Amunds From: Greg Stewart Nabors, Giblin & Nickerson, P.A. Re: Presentation of Firearm to James Curry on his Retirement Date: April 11, 2013 You have asked for my opinion as to whether a service revolver provided to James Curry may be awarded to him upon his retirement from County service. Based upon the foregoing, it is my opinion that the County may award the service revolver to Mr. Curry upon his retirement. Pursuant to the information that I have reviewed, it appears that Mr. Curry began his career with Okaloosa County in1978 when hired by the Okaloosa County Sheriff as a correctional officer. In 1981, he was appointed by then Okaloosa County Sheriff Larry Gilbert as the Jail Administrator and issued a Smith & Wesson .38 caliber revolver with serial number R195558 as required for duties associated with that position. In 1989, the operations of the county jail were transferred to the direct oversight of the Okaloosa Board of County Commissioners and Mr. Curry’s position was re-titled to Director of the Okaloosa Department of Corrections. In 1997, Mr. Curry was promoted to Administrative Services Director where he had oversight for the County’s internal service departments as well as the Department of Corrections. Ultimately, the Okaloosa Board of County Commissioners appointed him as the County Administrator where he has since served as the County’s chief executive officer up to his retirement scheduled for April 19, 2013. Section 112.193, Florida Statutes authorizes an employer to present to retiring law enforcement, correctional or correctional probation officers certain items including the retiree’s uniform, badge, service revolver and identification card. The statutory definition of employer as used in this section includes counties. The service revolver presented to Mr. Curry was associated with his position as a correctional officer by the Sheriff Larry Gilbert. When the operations of the jail were transferred to the County in 1989, Mr. Curry became the Director of the Okaloosa Department of Corrections. The service revolver continued to be assigned to Mr. Curry as part of his issued equipment. Though Mr. Curry is retiring from the position of County Administrator rather than correctional officer, the statute does not require that the correctional officer position be the last position held by the individual prior to retirement. Therefore, in my opinion, the service revolver, issued to him in conjunction with his employment as a correctional officer, may be awarded to Mr. James Curry upon his retirement from employment with Okaloosa County.