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Home My WebLink About1973-09-18; City Council; 2151; Inclusion of Police Communicators as Public Safetyr H E C I T Y O F CAR L S BA D;"" C A L T F O R N I A L3 Agenda Bill No. o2I1517 Date: SeDt. 18, 1973__ Referred To: CARLSBAD CITY COUNCIL Subject: Submitted By: INCLUSION OF POLICE COMMUNICATORS AS RALPH W. LAUGHLIN PUBLIC SAFETY EMPLOYEES, AS PER CHIEF OF POLICE ASSEMBLY BILL #37 Statement of the Matter That the City of Carlsbad include eligible Communicators in the Public Safety classification, eligible Communicators being Mildred MOORE, Shirley KISER, Gayle LODEN, Sheila TARVIN, Dorothy VENABLE. Assembly Bill 37 allows female employees who perform identification and com- munication duties; and who were performing these duties prior to August 4, 1972, to become eligible for membership in P.E.R.S. as lo- cal Public Safety members. Exhibi t #1- Copy of Senate Bill #37. Staff Recommendations to the City Manager I recommend that Communicators Mildred MOORE, Shirley KISER, Gayle LODEN, Sheila TARVIN, and Dorothy VENABLE be included as local Public Safety members in the Public Employees' Retirement System. A check with the Finance Director indicates cost to the City of carrying the above employees as Safety members would actually be less per month than is now being contributed on these people, i. e., City contribu- tion to P.E.R.S. and F.I.C.A. as Miscellaneous employees is $490.08 per month, whereas with dropping F.I.C.A. and carrying them as Safety members would cost $433.15 per month, or $56.93 less. AB Mo. City Manager's Recommendation Date: _,Sept. 18, 1973 Each year the State Legislature passes bills -pertaining to Police and Fire and the Police Chief now brings to the attention of City Council a bill which allows a City to include eligible Communicators in the Public Safety classification, who are in this case, females who perform identification and communication duties, to become eligible for membership,in Public Employees Retirement System as local Public Safety members. The Police Chief recommends that five Communicators in his department be approved for a change in their Public Employees Retirement System status from miscellaneous employees to Public Safety members. The Finance Officer has computed the cost and states that it will cost no additional mon6y to include these employees in the Public Safety membership category. Council Action 9-1.8-73 Approval was given to the inclusion of Police Communicators as Public Safety Employees as per Assembly Bill #37, as recommended by staff in Agenda Bill #2151. -2- Senate hill No. 37 CI[APTER 91 An act to amend Sections 20020 and 20021.5 of the Government Code, relating to the Public Employees' ltetirement System, and declaring the urgency thereof, to take effect immediately, (Approved by Covemor June 15, 19'73. Filed with Secretary of State June 13, 1973.1 LEGISLATIVE COUNSEL'S DIGEST SB 37, Dills. Public Employees' Retirement System. Permits all persons, rather than males, who were assigned to iden- tification and communication duties on August 4,1972, to elect to be local safety members if their employing contracting agency so elects. Operative on the first day of the month following the month in which effective. To take effect immediately, urgency statute. Appropriation: no. The people of the State of California do enact as follows: SECTION 1. Section 20020 of the Government Code, as amended by Chapter 560 of the Statutes of 1972, is amended to read: 20020. "Local policeman" means any officer or employee of a police department of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise and whose functions do not clearly fall within the scope of active law enforcement service even though such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as patrolmen or equal or higher rank irrespective of the duties to which they are assigned. Local policeman" does not include persons employed to perform identification or communication duties, other than males in such employment on the effective date of the amendments to this section at the 1972 Regular Session who elect within 90 days thereafter to be local safety members. As ntracting agency may elect toAaduc e as 'local olicema 11 persons w o were em toe to perform i tion or co ,at( uhes �u t 4 an ho elect within 90 ays after the operative date of the act ad tng t ese amen en o f section a e e ar Sesston to a Iocal e em ers. uc a ec on s a app y to the person's past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on such effective date. This paragraph shall not apply to persons employed and gltalified as patrolmen or equal or higher rank. 237 26 56 Ch. 91 — 2 — SEC. 2. Section 20021.5 of the Government Code, as amended by i Chapter 560 of the Statutes of 1972, is amended to read: 20021.5. "County peace officer" means the sheriff and any officer or employee of a sheriffs office of a contracting agency, except one whose principal duties are those of a telephone operator, clerk, stenographer, machinist, mechanic, or otherwise, and whose functions do not clearly come within the scope of active law enforcement service even when such an employee is subject to occasional call, or is occasionally called upon, to perform duties within the scope of active law enforcement service, but not excepting persons employed and qualifying as deputy sheriffs or equal or higher rank irrespective of the duties to which they are assigned. Any other provision in this part of the Government Code I to the contrary notwithstanding, "county peace officers" shall also include and mean any inspector, investigator, detective, or person t with a comparable title, in any district attorneys office of a contracting agency whose principal duties are to investigate crime and criminal cases and who receives compensation for such service. "County peace officer" does not include persons employed to perform identification or communication duties other than males in , such employment on the effective date of the amendments to this section at the 1972 Regular Session who elect within 90 days thereafter to be local safety members. A contracting agency may elect to include as "county peace officer" all persons who were employed to perform identification or communication duties on August 4,1972, and who elect within 90 days after the operative date of the act adding these amendments to this section at the 1973-74 Regular Session to be local safety members. Such election shall apply to the person's past as well as future service in the employment held on the effective date but shall not apply to service following any subsequent acceptance of appointment to a position other than that held on such effective date. This paragraph shall not apply to persons employed and qualified as deputy sheriffs or equal or higher rank. SEC. 3. This act shall become operative on the first of the month following the month in which it is effective. SEC. 4. This act is an urgency statute necessary for the immediate preservation of the public peace, health or safety within the meaning of Article IV of the Constitution and shall go into immediate effect. The facts constituting such necessity are: All employees in local law enforcement agencies employed to perform identification and communication duties were not extended equal retirement benefits under Chapter 560 of the Statutes of 1972 which became effective on August 4,1972. It is essential to the morale of these public employees and the effective performance of local law enforcement functions that the status of the employees be clarified immediately. 0 Q 37 43 61 CITY OF CARLSBAD POLICE DEPARTMENT MEMORANDUM TO. CITY MANAGER FRANK W, LILLEY DATE: 8-21-73 • FROM: CHIEF OF POLICE RALPH W. LAUGHLIN SUBJECT: AGENDA BILL RE: INCLUSION OF COMMUNICATORS IN PUBLIC SAFETY I have talked with Thelma Sowell with reference to this Agenda Bill and she indicates that to the best of her know- ledge, there is no additional cost to the City of Carlsbad to pick up any back time for the people involved. V 1",alex BE MIME