HomeMy WebLinkAbout1980-12-16; City Council; 6460; Designation of Reserve Officers Under Penal CodeCITY OF CARLSBAD ®
AGENDA BILL NO ._ ..... lo,,__.ij__,t? ........ o _____ .,._ __ Initial:
Dept.Hd. ---DATE: December 16, 1980 c. Atty.~
DEPARTMENT: __ C_i_·t~y.__A_t_t_o_r_n_e-y _________ _ C. Mgr.
SUbJect: DESIGNATION OF RESERVE OFFICERS UNDER PENAL CODE
Statement of the Matter
Changes in state law necessitate the designation of reserve
officers as qualified to perform general law enforcement duties
by reason of their training and experience. This ordinance
will make that designation. No reserve officer will have the
powers of a peace officer except while on specific assignment.
This ordinance will allow our department to continue to utilize
reserve officers consistent with our existing practice.
The attached memorandum from the Police Chief more fully
explains the need for the ordinance.
This is an urgency ordinance which must be adopted before
January 1, 1981. A four-fifths vote of Council is required.
Exhibits
Ordinance No. 3/21/
Memorandum from Chief of Police
Recommendation
Adopt Ordinance No • 3/il J./ .
Council ·A~tion:
12-16-80 Counciladopted Ordinance No. 3124.
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TO:
VIA:
FROM:
Frank Aleshire
City Manager
William C. Baldwin
Assistant City Manager
Vincent D. Jimno ~
Chief of Police icJ
SUBJECT: Designation of Reserve Police Officer
Under Penal Code (AB 3217 Nolan)
December 12, 1980
The CRlifornia Legislature, during its last legislative session, ammended
California Penal Code sections dealing with Peace Officer Powers of Reserve
Police Officers. T-his legislation, however, now requires the City Council
pass an ordinance enabling the Police Department to continue utilization
of its reserve police officers as currently done. This enabling ordinance
must be passed as an ur,iency ordinance due to the requirement in the legis-
lation that it be accomplished prior to January 1, 1981.
The legislation by Assemblyman Nolan was adopted to further delineate dif-
ferent levels of r~serve police officers. Its intent is to establish an-
other level of reserve officer and get the appropriate training necessary
to operate at that level.
This legislation requires the Chief of Police to evaluate the reserve per-
sonnel and determine if they are qualified to be eligible for utilization
under the new law. The criteria for qualification is based on minimal
levels of training and experience. This Police Department has analyzed
the training and experience of every member of the reserve police staff
and has determined that a 11 twenty-one ( 21) officers have, .or wi 11 have by
the appropriate date, all required training necessary for qualification.
The ordinance is being brought before Council as an urgency ordinance due
to information received leading staff to believe that the nev, law did not
affect our current program. However, after careful examination by the
City Attorney's office and my office, it is believed that the new law does
affect our program. Therefore, to eliminate confusion and future problems
regarding appropriate and lawful police powers for reserve officers.
The law allows the City to expand the powers of reserve officers if so de-
sired. It is believed that the appropriate route for the City is not to
expand reserve police powers, but to retain its present program and officers'
powers.' The ordinance is written to accomplish this goal.
Recommendation
The Police Department has utilized the reserve officers effectively for
many years. It wishes to continue this practice, as it is a cost effective
way to retain qualified auxiliary forces at minimal cost to the taxpayer.
Staff recommends that Council consider and adopt the proposed urgency or-
dinance as prepared by the City Attorney.
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ORDINhNCE NO. 3124
AN URGENCY ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF CARLSBfiD, CALIFORNI~,
RECOGNIZING CURRENT TRAINING OF RESERVE
POLICE OFFICERS AS SUFFICIENT TO MEET
1981 POST STANDhRDS
WHEREfiS, the California Penal Code, as amended by
7 Statutes of 1980, Chapter 1301 (AB 3217, Nolan) provides, effective
8 January 1,. 1981, for redefinition and new ·authority for level. 1
9-reserve police officers, and
10 WHEREAS, the City Council has determined that level 1
ll reserve police officers who were certified before January 1, 1981,
12 are qualified to perform general law enforcement duties by reasqn
13 of their training and experience.
14 NOW, THEREFORE,·the City Council of the City of Carlsbad
15 does ordain as follows:
SECTIONl: That city reserve police officers who before
17 January 1, 1981 were issued a level 1 reserve police officer
18 certificate are determined to be qualified to perform general
19 law enforcement duties by reason of the officers' training and
2Q experience.
21 SECTION 2: Any such reserve officer meeting the
22 requirements of Section l of this ordinance shall on and after
23 January 1, 1981 be a peace officer as provided in Section
24 830.G(a) (1) of the Penal Code of the State of California during
25 the time in which such reserve officer is specifically assigned
26 police functions, and only for the duration of each such specific
27 assignment.
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l SECTION 3: 'l'his ordinance is hereby declared an
2 emergency ordinance adopt:ed as ;m em_ergency measure to protect
3 the public health, safety and welfare and shall take effect
4 immediately. The fact constituting the emergency are:
5 1) AB 3217 becomes effective January 1, 1981; 2) on that date
6 reserve officers will not be qualified under Government Code
"I Section 830.6 (a) (1) unless action described in Govern!i1ent Code
8 Section 832.6(b) is taken by the City; and 3) it is necessary
9 to have a full complement of reserve police officers able to
10 perform specific police assignments on and after January 1, 1981
11 to ensure that the City's police protection is not diminished.
12 SECTION 4: The City Clerk shall certify to the
' 13 adoption of this ordinance and shall cause a copy hereof to be
J.4 puolished as required by law.
15 INTRODUCED, PASSED AND ADOPTED at a r~e=g=u~l=ar _____ meeting
16 of the City Councll of the City of Carlsbad, California, held on
17 the 16th day of December ......,........., ___ _ , 1980, by the following vote, to wit:
18 AYES: Council Members Packard, Casler, Anear, Lewis and Kulchin
19 NOES: None
20 ABSENT: None
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PACKARD , Mayor
23 ATTEST:
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26 (SEAL)
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