TexasCHLforum.com

So, presuming that she had a chl, and presuming the firearm never left the locked trunk of her car, she had violated no state laws. If the HISD had a written policy that specified an employee could be terminated for possession of a firearm in a vehicle, in a parking lot, then her resignation in lieu of firing would be expected, however if the district has no written policy, would their demand for her resignation be unreasonable and hence they would need to offer the job back to her because she failed to violate any written policy?

gdanaher wrote:So, presuming that she had a chl, and presuming the firearm never left the locked trunk of her car, she had violated no state laws. If the HISD had a written policy that specified an employee could be terminated for possession of a firearm in a vehicle, in a parking lot, then her resignation in lieu of firing would be expected, however if the district has no written policy, would their demand for her resignation be unreasonable and hence they would need to offer the job back to her because she failed to violate any written policy?

Don't know. Now you are getting into civil law and there is too much unknown to even speculate on it.

My district (Katy) states No guns anywhere on District property. Punishment for an employee is "up to and including termination". For a non-employee, you will be told to leave the district property. With a CHL, no laws are broken if it is concealed in a locked car. Non CHL has that pesky GFSZ stuff.

The Harris County DA dropped all charges due to the fact that the tutor didn't commit a crime, the statement said she didn't have the weapon on the actual premisis of the school and therefore is not guilty, however she still has no job. I hope the Officer and assistant DA that accepted the charges initially both get reprimanded and have written reprimands in their permanant employee files for being intentionally wrong and disregarding the law I also hope the principal of the shool becomes employmentally challenged

Starting to come out. Houston Press said we were making her into the 2nd Amendment Rosa Parks. I'll accept that.

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DA said no law broken since it was not in a building but in the parking lot. I think they may have looked here for guidance as that what you guys have been saying from day one.

HISD is not giving her the job back.

philip964 wrote:HISD is not giving her the job back.

I believe all of the principals are instructed to provide verbal notice of the District's preference. However, as a tutor it is unlikely she was present when the notice was given.

Did we ever learn how they found out about the gun or how they went about with the search of the vehicle? (i didn't see those items reported)

flechero wrote:Did we ever learn how they found out about the gun or how they went about with the search of the vehicle? (i didn't see those items reported)

Anonymous tip.

Hope she has a lawyer to look into civil rights violations - Title 42 of the United States Code (42 USC 1983)


How'd someone find out? ....My bet is on >>> Loose Lips Sink Ships

My bet on who gave the anonymous tip is the owner of the pistol. One of the articles mentioned that she was holding it for someone and then refused to give it back to him.

THX wrote:

philip964 wrote:HISD is not giving her the job back.

I believe all of the principals are instructed to provide verbal notice of the District's preference. However, as a tutor it is unlikely she was present when the notice was given.

I was never given any verbal notice until I asked. In 12 years of teaching, the district's policy on weapons had never been mentioned. And I had to dig deep in the written employee policies to find anything.

This is a perfect example of where the parking lot bill would have helped her. Unfortunately schools are exempted from the law.

I would still be going after the police department with a civil case for false arrest as no law was broken.

Almost "gotcha"

"Kemp "resigned in lieu of termination" after her arrest, according to HISD, and apparently she will not be allowed to return to her job."

gdanaher wrote:Now the next question: Does the Houston ISD have a written policy that precludes employees from possessing a weapon on school property? You can bet it covers students with all manner of weapons, but does it specify that possession by an employee is a basis for termination?

School district board policies are public by law, and are available on the web pages of the school district, if you're really interested.

gdanaher wrote:After all of the comments, things can get confusing here. So, a person has a chl and is employed by an isd with no written policy regarding employees possessing firearms. The gun is locked in their car during the normal work day. Are they violating any laws here? Same scenario for an employee without a chl but gun is locked away in car under mpa?

The vast majority of districts in the state use the model board policies that are published by the TEA. In those models there is a provision that employees may not bring a weapon onto the premises, with all the standard verbage. So, it's safe to say that all (or almost all) districts have such policies.

Now, whether most districts have added policies prohibiting weapons in cars, I have no idea. I know that my district does not.