MARLIN, Texas (KXXV) — “There are situations where the citizens have asked, ‘why is the city manager wearing a gun’,” said city of Marlin Mayor ProTem Debra McDavid.
As the city of Marlin has recently appointed former police officer Elza Daviss as the new city manager - questions arise over whether or not she should be allowed to carry a firearm while on duty.
“I know there are concealment requirements but if it’s not required in the position description, that’s not needed in a city building,” said McDavid during Tuesday’s city council meeting.
While some council members weren’t so sure on how they felt - others showed support for the subject.
“I actually applaud our city manager for wearing a firearm because I feel much safer with her doing it… when you become a victim like I’ve been victimized,” said Marlin mayor Susan Byrd during Tuesday’s city council meeting.
“I have but I do respect the law and I respect the people of Marlin. When you live here as long as I have, I respect the people of Marlin and I don't want them intimidated but at the same time she’s not here to protect you, that is what the police are supposed to do,” said McDavid.
According to the Texas code of Criminal Procedure2.1305 - public establishments cannot restrict peace officers or special investigators from carrying weapons on their premises. This applies regardless of whether the officer is performing their duties while carrying the weapon.
Although Davis is taking on a new position as the city manager, some residents believe she still has a right to carry at work.
“My question is, how can you make an ordinance trying to proceed this, if that is in the code of procedures. So, you have an issue with your city manager, openly carrying a firearm. She’s a licensed Texas peace officer… allowed to,” said one Marlin resident.
The Marlin city attorney said prior to this discussion there was no direct policy in place that prohibits a Marlin city employee from carrying a weapon while on duty.
The council did not take any action on this topic but said they will revisit the subject at a later time.
