City Council has tentatively approved a new ordinance dealing with police officers accused of domestic violence, but one big sticking point remains: whether to confiscate an officer's gun at the scene, even if he isn't arrested.

Council voted 4-0 with three abstentions yesterday to advance the ordinance but could end up delaying final action next week if the issue isn't resolved.

Under the proposed ordinance, a police supervisor summoned to the scene of an alleged domestic violence-related call or incident involving an officer is required to confiscate the officer's service weapon, even if no arrest is made, until the officer is evaluated.

That requirement conflicts with police policy, which gives the on-scene supervisor discretion whether to confiscate the weapon if the officer isn't arrested. It states the supervisor "may relieve the involved officer of his/her firearm, if serious safety concerns are present."

Assistant Chief Maurita Bryant questioned whether police had the right to confiscate a gun if no crime has occurred and no threat has been made with the weapon. Unless there's enough evidence to make an arrest, she told council, "I don't see how we can legally take a firearm."

The Fraternal Order of Police also is opposed to the ordinance's requirement that the weapon be confiscated.

"If no arrest [is made], you don't have the authority to take someone's personal property," President Jim Malloy said, adding such a seizure could "lay the city open to a civil lawsuit."

But Councilman William Peduto argued in favor of the ordinance requirement, saying afterward it establishes a "zero tolerance policy" toward domestic violence in the city and a "definitive standard operating procedure" in such cases.

"It's basically choosing to error on the side of safety," he said.

The discrepancy between the ordinance and the policy must be reconciled before council takes a final vote next week. If that doesn't occur by then, council President Doug Shields, the bill's sponsor, has promised his colleagues he would postpone action until there's consensus. Abstaining in yesterday's vote were council members Len Bodack, Darlene Harris and Jim Motznik.

Overall, the ordinance establishes baselines for the police policy. It calls for ongoing training for officers on domestic violence issues and outlets for confidential assistance or counseling; describes the responsibilities of officers, supervisors and others in abuse situations; and establishes a domestic violence review board.

The issue came to the forefront after the June 18 promotions of three officers accused of family abuse.