Chapter 2.36
POLICE
Sections:
2.36.010 Recruitment and training – City requests state aid.
2.36.020 Recruitment and training – City to adhere to state standards.
2.36.030 Recruitment and training – Authority to make inquiry.
2.36.040 Reserve police officer program.
2.36.010 Recruitment and training – City requests state aid.
The city declares that it desires to qualify to receive aid from the state under the provisions of Chapter 1 of Title 4 of Part 4 of the Penal Code of the state. (Prior code § 3700).
2.36.020 Recruitment and training – City to adhere to state standards.
Pursuant to Section 13522 of the California Penal Code, the city, while receiving aid from the state pursuant to Chapter 1 of Title 4, Part 4 of the Penal Code, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST). (Ord. 573 § 1, 1990; prior code § 3701).
2.36.030 Recruitment and training – Authority to make inquiry.
The commission and its representatives may make such inquiries as deemed appropriate by the commission to ascertain that city personnel adhere to the standards for selection and training established by the commission. (Ord. 573 § 2, 1990).
2.36.040 Reserve police officer program.
A. Authority and Title. Under the authority granted in Article XI, Section 7 of the California Constitution and the California Penal Code, Section 836.2, the city of Bell Gardens, by and through its council, does enact this section of its municipal code, which shall be known as the police reserve officer program.
B. Findings and Purpose.
1. The city of Bell Gardens has seen an increase in crime within its jurisdiction. The police department has utilized various proactive policing methods to reduce crime. A proactive policing effort has been impactful on the crime rates and safety of those present within the city of Bell Gardens; however, additional resources are needed to make a greater impact.
2. It is recognized that the city of Bell Gardens’s ability to maintain a consistent use of proactive policing methods is conditional on the police department’s ability to maintain full staffing, which can be adversely impacted by sworn officers’ use of sick leave, family medical leave, vacation, training, and injuries.
3. The city of Bell Gardens would greatly benefit from a police reserve officer program to assist in supplementing police presence in the community to address crime and quality of life issues, as well as during times of low staffing.
4. California Penal Code Section 832.6(a) sets forth three classifications of reserve officers varying from reserve police officer I, which carries full police authority, to reserve police officer III, which allows for the performance of limited duties not requiring general law enforcement powers in their routine work.
5. California Penal Code Section 830.6(a)(2) provides that a city reserve police officer designated by local ordinance, either individually or by class, that is assigned to the prevention and detection of crime and the general enforcement of the laws of this state by that authority, and meeting the level I reserve police officer designation, is a peace officer.
C. Definitions. For the purpose of this section the following definitions apply:
“Chief of police” means the chief of police of the city of Bell Gardens.
“Commission” means the California Commission on Peace Officer Standards and Training.
“Comparable experience” means the equivalent experience of two years of field experience as a reserve peace officer with the Bell Gardens police department (“BGPD”) comprising a minimum of 400 hours.
“Designation” means a letter signed and dated by the chief of police designating a level I reserve police officer pursuant to Penal Code Section 830.6(a)(2).
“Level I reserve police officer” refers to a trained reserve officer as described in Penal Code Section 832.6(a)(1), and who is assigned specific police functions whether or not working alone or to the prevention and detection of crime and the general enforcement of the laws of this state whether or not working alone.
“Level II reserve police officer” refers to a trained reserve officer as described in Penal Code Section 832.6(a)(2), who works under the immediate supervision of a peace officer who has completed the basic training course for deputy sheriffs and police officers prescribed by the Commission, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this state.
“Level III police reserve officer” refers to a trained reserve officer as described in Penal Code Section 832.6(a)(3), who is supervised in the accessible vicinity by a level I reserve officer or a full-time regular peace officer employed by a law enforcement agency authorized to have reserves and deployed in limited support duties not requiring general law enforcement powers in their routine performance. Those limited support duties shall include traffic control, security at parades and sporting events, report taking, evidence transportation, parking enforcement, and other duties that are not likely to result in physical arrests. Level III reserve officers may transport prisoners without immediate supervision.
“Post certificate” means a certificate of completion from a post-approved basic academy.
D. Establishment of Reserve Police Force. There is established for the city of Bell Gardens a reserve police officer force to be an auxiliary of the regularly constituted full-time paid police department of the city of Bell Gardens. The reserve police force shall be separate and distinct from the regular full-time police force. The total number of reserve police officer shall not exceed that of the number of full-time sworn officers. Members shall be volunteer workers only and shall not be deemed to be employees of the city of Bell Gardens for any purpose other than that which is described in this section.
E. Appointments. A reserve police officer shall be appointed by the chief of police. Reserve police officers shall not be subject to any civil service requirements nor shall they be subject to the coverage provided by the law enforcement retirement system. An applicant, to be eligible, must be physically fit to perform the duties of a police officer, and be able to pass a police background investigation that is consistent with Commission standards for that of a regular full-time police officer. Reserve officers appointed pursuant to this subsection shall satisfy the continuing professional training requirement prescribed by the Commission.
F. Arrest Authority and Authorized Powers of Reserve Officer I, II and III. By statute, level I and level II reserve police officers have full peace officer powers with arrest authority as described in this section.
1. Level I Reserve Police Officer.
a. The chief of police is authorized and empowered to appoint specific designated level I reserve police officers. The authority of a “designated” level I reserve police officer, assigned to the prevention and detection of crime and the general enforcement of the laws of this state, shall include the full powers and duties of a peace officer as provided by Penal Code Section 830.1.
b. Upon being “designated” by the chief of police, a reserve police officer who has qualified as a level I reserve police officer and possesses any one of the following, hereby possesses full powers and duties of a peace officer as provided in Section 830.1 of the California Penal Code:
i. A sworn officer of the Bell Gardens police department bearing a retired status;
ii. A minimum of two years of field experience as a reserve police officer with the Bell Gardens police department comprising a minimum of 400 hours and has satisfied competency levels and performance satisfactory to the chief of police;
iii. Have “comparable experience” of a minimum of five years with another jurisdiction in the state of California as a full-time police officer;
iv. Have comparable experience of a minimum of five years with another jurisdiction in the state of California as a level I reserve police officer and two years as a reserve police officer with the Bell Gardens police department comprising a minimum of 200 hours.
v. This chapter includes as eligible for appointment to level I, those reserve police officers who have been issued a level I reserve police officer certificate prior to January 1, 1981, as well as those who have received a level I reserve police officer certificate on or after that date.
c. All recommendations for appointment to the designated level I reserve police officer status shall be at the discretion of the chief of police.
d. A “non-designated” level I reserve police officer possesses full powers and duties of a peace officer only during the duration of assignment to specific police functions as described in Penal Code Section 830.6(a)(1).
2. Level II Reserve Police Officer. A level II reserve police officer is a peace officer with peace officer powers and arrest authority while under the immediate supervision of a peace officer who has completed the basic training course for deputy sheriffs and police officers (regular basic course) prescribed by the Commission. Level II reserve police officer may also be assigned, with immediate supervision, to those limited duties that are authorized for level III reserve police officer as described in Penal Code Section 832.6(a)(2).
3. Level III Reserve Police Officer. A level III reserve police officer is a peace officer with limited peace officer authority who does not possess the level of training that provides powers of arrest. A level III reserve police officer may be assigned duties for the duration of a specified period of active duty, while being supervised in the accessible vicinity by a level I reserve police officer or full-time police officer. Not all duties as listed in this section may necessarily be performed by each individual holding this classification. Level III reserve police officers are authorized to carry firearms in the course of their duties as their entry-level training requirement includes firearms training. However, their ability to carry a firearm may be restricted at the discretion of the chief of police.
G. Authority of the Chief of Police.
1. The reserve police force shall be under the direction and control of the chief of police or person designated an interim chief of police in the absence of the chief of police. The chief of police is authorized to promulgate and enact rules and regulations governing the reserve police force.
2. The chief of police shall establish and enact minimum training standards intended to provide an acceptable level of performance.
3. Nothing in this chapter shall be construed as preventing the chief of police from revoking or suspending any level reserve status of any appointed reserve police officer, nor shall the chief of police be under any mandate to recommend any such appointment of any individual reserve police officer. Members of the reserve police force shall serve at the pleasure of the chief of police and are subject to removal or termination at any time, with or without cause.
H. Duties Assigned by the Chief of Police. The duties of the reserve police officer are intended to supplement the regular full-time police force of the city of Bell Gardens. Duties include assisting the regular police force with the protection of life, property, and preservation of peace and order, or as a disaster worker in the event of a manmade or natural disaster; to aid the control of traffic and maintenance of order at community events; general policing of large assemblies of people; and to perform such other duties as ordered by the chief of police or an interim chief of police where assigned and performing the duties in the absence of the chief of police.
I. Compensation.
1. Reserve police officer are volunteers and therefore serve without monetary compensation. The city of Bell Gardens will, if applicable, provide each member of the reserve force with worker’s compensation benefits in accordance with the state law.
2. The city of Bell Gardens shall register all members of the police reserve force as civil defense workers so that in the event of serious injury or death in the performance of their duties as a volunteer, they may be eligible for compensation available under state or federal law. (Ord. 883 § 2, 2017).