Gordon

Does a sheriff have authority to administratively restrict a deputy’s peace officer powers to arrest and to carry a concealed firearm off duty, when the deputy has shown he may present a danger to the public if he is allowed to exercise those powers? We conclude a sheriff does have such authority.

However, we also conclude that a deputy has a right to administratively appeal such restrictions on his peace officer powers. Since the deputy in this case was denied that right, we reverse and remand with directions.

I

Introduction and Background

Appellant Louis A. Gordon is a San Mateo County deputy sheriff and consequently a “peace officer” pursuant to Penal Code section 830.1. Deputy Gordon’s status as a peace officer confers on him two benefits that accompany him throughout this state, even when he is off duty. First, he is exempt from the provisions of the penal statute that outlaw possession of a concealed firearm. Second, as a peace officer, he has legal authority to make an arrest under circumstances where a private citizen could not lawfully do so.

Deputy Gordon contends these statutorily conferred benefits trump the sheriff’s inherent power to control the conduct…