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4 <br />The cits, ma), also find it difficult to handle situations where an employee must respond to an <br />emergency after-hours. In this case, since the employee would be on duty, the cig, can probably <br />prohibit the employee from carrying a fiream~ in their private vehicle unless the vehicle is <br />merely used to drive to a ci~ parking lot, remains in the parking lot and is not used to respond to <br />the call. <br /> <br />Can the city restrict elected officials from carrying firearms while conducting city <br />business? <br /> <br />The law does not specifically address this issue. Therefore, it depends on whether elected <br />officials would be considered "employees" of the city under this particular law. This <br />determination could be different from city to ciD,, depending on a number of factors. <br /> <br />For example, some cities have specifically taken actions to designate their elected officials as <br />"employees" in order to offer them certain types of benefits, such as workers' compensation <br />coverage, ~oup health and life insurance~ and coverage in pension and retirement plans. These <br />cities are more likely to be able to make an argument that the elected officials should be treated <br />as employees under this law, <br /> <br />On the other hand, many state and federa] employment laws tend to exempt elected officials <br />from coverage. For example, elected officials are not considered employees for purposes of the <br />Fair Labor Standards Act, which governs minimum wage and overtime. The5, are also <br />specifically exempt from the state law that defines public employees for purposes of collective <br />bargaining rights. <br /> <br />The best practice is for the city to examine how it has treated elected officials in the past on <br />various types of issues and remain consistent with those practices. For example, if the city .has <br />designated elected officials as employees for purposes of workers' compensation coverage and <br />other benefits, it should probably designate them as employees for purposes of this law as well. <br /> <br />Can the city restrict volunteers from carrying firearms when performing duties on <br />behalf of the city? <br /> <br />Probably not, but a eiB' is not required to use volunteers who carry handguns. A true <br />"volunteer" probably cannot be restricted from carrying firearms on the basis of being an. <br />employee of the city. However, the city may be able to adopt a policy stating that it will not use <br />volunteers unless the), sign an agreemenl that the5, will not carry a firearm while acting on behalf <br />of the city. <br /> <br />In defining city volunteers, the city should take a particularly careful look at its volunteer <br />firefighrers. Many fire deparm~ents in the state compensate their volunteer firefighters in a <br />manner that would probably be seen by the Department of Labor as making them ineligible for <br />volunteer status under wage and hour laws. The city should attempt to be consistent in its <br />definition of volunteer firefighters either as true volunteers or as "paid on cai/" city employees. <br /> <br />If the ci~, determines that its volunteer firefighters are actually employees, the), can be included <br />in the city's general policy prohibiting employees from carrying firearms while on duB'. A <br />similar argument could possibly be made with respect to positions such as ambulance attendants, <br /> <br />145 Dmversit3, Avenue West * St. Paul, MN 55103-2044 * (651) 28~1-1200 · (800) 925-1122 * ~x~xm,.knnc.org <br /> <br /> <br />