Chapter 2.44 POLICE RESERVE

Whenever in this chapter the following terms are used, they shall have the meaning ascribed to in this section, unless otherwise apparent from the context.

A. “City” means the City of Carmel-by-the-Sea.

B. “City Council” means the City Council of the City of Carmel-by-the-Sea.

C. “P.C.” means the Penal Code of the State of California.

D. “Designation as a peace officer” shall be by ordinance in accordance with P.C. Section 830.6(2).

1. The authority of a “designated” Level I reserve, 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 P.C. Section 830.1. Designated Level I reserve officers may be appointed by the Chief of Police and the City Administrator upon their successful completion of a basic police academy accredited by the Peace Officers Standards and Training (P.O.S.T.) in accordance with P.C. Section 832.6(a)(1) and upon successful completion of the department’s field training program.

2. The authority of a “nondesignated” Level I reserve shall extend only for the duration of assignment to specific police functions.

E. A “Level I reserve” refers to a trained reserve officer as described in P.C. Section 832.6(a)(1), and who is assigned specific police functions whether or not working alone (P.C. Section 830.6(a)(1)), or to the prevention and detection of crime and the general enforcement of the laws of this State (P.C. 830.6(a)(2)) whether or not working alone.

F. A “Level II reserve” refers to a trained reserve officer as described in P.C. Section 832.6(a)(2), who works under the immediate supervision of a peace officer possessing a basic certificate, and is assigned to the prevention and detection of crime and the general enforcement of the laws of this State.

G. A “Level III reserve” refers to a trained reserve officer as described in P.C. Section 832.6(a)(3), who is deployed in such limited functions as would not usually require general law enforcement powers.

1. Technical reserve officers will be primarily assigned, but not limited to, desk, community relations, property, investigative follow-up, or other assignments as determined by the Chief of Police.

2. Specialist reserve officers’ duties include, but are not limited to:

a. Radio/electronics specialist;

b. Teacher;

c. Advertising artist;

d. Photographer;

e. Computer system analyst;

f. Computer programmer;

g. Statistician;

h. Technical writer;

i. Detective aide.

These volunteers will function primarily as consultants and perform special assignments. They will be assigned on an as-needed basis as determined by the Chief of Police.

H. “Member” means a member of the reserve.

I. “Reserve” means the Carmel-by-the-Sea Police Reserve. (Ord. 96-8 § 1, 1996; Ord. 85-29 § 1 (Exh. A § 1), 1985).

2.44.020 Reserve Created.

The Carmel-by-the-Sea Police Reserve is created. Said reserve shall consist of such persons as may be so appointed by the Chief of Police, but shall not exceed in number the total number of regular employees of the Police Department, and shall not exceed in hours of duty the money budgeted therefor by the City Council. (Ord. 85-29 § 1 (Exh. A § 2), 1985).

2.44.030 Policy and Command.

The operating policies and rules of the reserve shall be established by the Chief of Police, and members of the reserve shall comply with such policies and rules. The members of the reserve, while on duty, shall be under the command of the Chief of Police or such of the Chief’s subordinates as may be so authorized. (Ord. 85-29 § 1 (Exh. A § 2(A)), 1985).

2.44.040 Duties of Members.

Members shall perform only such duties or services as may be ordered or required by the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 2(B)), 1985).

2.44.050 Qualifications for Membership.

The Chief of Police shall prescribe the qualifications and standards for membership in the reserve. Only persons meeting such qualifications and standards are to be appointed members. (Ord. 85-29 § 1 (Exh. A § 2(C)), 1985).

2.44.060 Physical Examination Required – Exception.

No person shall be appointed to the reserve until s/he has passed the physical examination required of regular police officers at the time of initial employment by the City. Such examinations shall be at City expense.

Exception: Physical examinations are not required for specialist reserves. (Ord. 85-29 § 1 (Exh. A § 2(D)), 1985).

2.44.070 Service Required of Members.

Every member shall serve not less than 16 hours per month in the public service, unless excused therefrom by the Chief of Police. Failure of a member to perform such required service for two months within one fiscal year shall be considered just and proper cause for the Chief of Police to dismiss such member from said reserve. (Ord. 85-29 § 1 (Exh. A § 2(E)), 1985).

2.44.080 Dismissal and Termination.

The Chief of Police may, with or without cause, dismiss any member from the reserve, without hearing or right of appeal. Any member may resign from the reserve at any time, upon delivery of written notice thereof to the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 2(F)), 1985).

2.44.090 Rank of Members.

The Chief of Police shall establish the rank of members of the reserve and such members to hold such rank while on duty. (Ord. 85-29 § 1 (Exh. A § 2(G)), 1985).

2.44.100 Compensation of Members.

Members shall receive compensation from the City for any service rendered in such amounts as may be prescribed by the City Council by resolution, but in no case shall such compensation exceed the amount which would be paid regular employees of the Police Department of equivalent rank for regular service. In the event of injury or death to a member while s/he is discharging assigned duties, said member or her/his beneficiaries shall be entitled to benefits provided for by the workers’ compensation laws of the State and such benefits shall be based upon the first step of the salary range of a regular employee of equivalent rank in the Police Department. (Ord. 85-29 § 1 (Exh. A § 2(H)), 1985).

2.44.110 Uniforms Prescribed.

Any uniform, badge and/or equipment to be worn or carried by members while performing assigned duties shall be as prescribed by the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 2(I)), 1985).

2.44.120 Purchase of Uniforms.

Any required uniforms shall be purchased by each member at the member’s own expense, within 30 days of initial appointment as a member. Upon satisfactory completion of one year’s service as a member, and upon recommendation of the Chief of Police, the member shall be reimbursed from public funds for the actual cost of such uniform, in an amount not to exceed that established by the City Council by resolution. (Ord. 85-29 § 1 (Exh. A § 2(J)), 1985).

2.44.130 Badges.

Badges shall be issued by the Chief of Police to each member and shall be retained in the possession of the member so long as s/he remains a member. Upon termination of membership, a member’s badge shall be immediately surrendered to the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 2(K)), 1985).

2.44.140 Equipment.

Equipment, including firearms, which may be required in the performance of duty by a member shall be provided by the Chief of Police as required. Any equipment or firearms purchased by a member for the member’s personal use while on duty shall not be reimbursable and shall be as prescribed by the Chief of Police. The personal purchase of off-duty firearms shall be as provided for by State and Federal law. (Ord. 85-29 § 1 (Exh. A § 2(L)), 1985).

2.44.150 Technical Reserve Officer – Qualifications and Standards Generally.

A technical reserve officer will be a volunteer worker with peace officer status while on duty. Technical reserve officers will normally wear a uniform and badge but will not carry a weapon. The technical reserve officer’s basic function will be to supplement department personnel in various support positions. This will enable the department to improve services provided directly to the public and release regular officers for field duties. (Ord. 85-29 § 1 (Exh. A § 3), 1985).

2.44.160 Technical Reserve Officer – Duties.

A. The technical reserve officer will be primarily assigned, but not limited to, desk, community relations, property, investigative follow-up, or other assignments as determined by the Chief of Police.

B. The technical reserve officer will be specifically prohibited from performing the duties of a patrol officer. This will not preclude technical reserve officers from being used in the staffing of special events. While working, the technical reserve officer will be under the supervision of a police officer. (Ord. 85-29 § 1 (Exh. A § 3(A)), 1985).

2.44.170 Technical Reserve Officer – Training – Standards.

The training will meet the standards established by the Peace Officers Standards and Training Commission and will not be less than 40 instructional hours provided by the department. The basic training will be supplemented by instruction in specific areas of departmental need. Additional in-service training will be provided regularly along with an on-the-job training program to increase proficiency in duty performance. (Ord. 85-29 § 1 (Exh. A § 3(B)), 1985).

2.44.180 Technical Reserve Officer – Benefits.

Technical reserve officers will be provided with necessary uniforms and equipment. While working, technical reserve officers will be covered by workers’ compensation. They will be compensated as established by the City Council. Additionally, as peace officers, they will be covered under the Omnibus Crime Bill, which provides $50,000 life insurance if killed while on duty. (Ord. 85-29 § 1 (Exh. A § 3(C)), 1985).

2.44.190 Technical Reserve Officer – Requirements.

All persons who meet the following requirements are eligible to be a technical reserve officer:

A. Age. Candidates must be 18 and not yet 60 years of age.

Note: The retirement age of 60 may be extended on an annual basis to 65 with the approval of the Chief of Police.

B. Citizenship. United States citizenship is not mandatory; however, applicants must be residing in the United States legally.

C. Education. A high school diploma or GED equivalent is required.

D. Background Investigation. An investigation into each applicant’s background shall be conducted to determine her/his suitability as a technical reserve officer using existing standards as they are now applied under P.O.S.T. guidelines.

E. Driver’s License. A valid California Class 3 driver’s license is required.

F. Oral Interview. An applicant’s acceptability shall be determined by a board comprised of two sworn members of the department and one civilian representative.

G. Physical/Medical Requirements. The technical reserve officer must meet all medical standards as established by the City.

H. Psychological Examination. Prior to appointment each candidate shall successfully complete a psychological examination. (Ord. 85-29 § 1 (Exh. A § 3(D)), 1985).

2.44.200 Specialist Reserve Officer – Standards and Requirements.

A specialist reserve officer will be a volunteer of the Police Department who possesses specialized skills or training that can be utilized by the department. The specialist reserve officer will not have peace officer status. (Ord. 85-29 § 1 (Exh. A § 4), 1985).

2.44.210 Specialist Reserve Officer – Duties.

A. The specialist reserve officer’s duties include, but are not limited to:

1. Radio/electronics specialist;

2. Teacher;

3. Advertising artist;

4. Photographer;

5. Computer system analyst;

6. Computer programmer;

7. Statistician;

8. Technical writer;

9. Detective aide.

B. These volunteers will function primarily as consultants and perform special assignments. They will be assigned on an as-needed basis as determined by the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 4(A)), 1985).

2.44.220 Specialist Reserve Officer – Training.

Training will consist of an orientation program to familiarize the specialist reserve with the purpose, goals, and objectives of the department and specialist reserve program. The material presented will be in the form of written information and other materials required. Additional training will be given to prepare the specialist reserve for the duties of the specific unit. The length of training will vary depending on the nature of the assignment. (Ord. 85-29 § 1 (Exh. A § 4(B)), 1985).

2.44.230 Specialist Reserve Officer – Benefits.

Specialist reserve officers will be compensated as established by resolution of the City Council. (Ord. 85-29 § 1 (Exh. A § 4(C)), 1985).

2.44.240 Specialist Reserve Officer – Nomination and Acceptance.

Sergeants and above may recommend specialist reserve candidates for selection. All specialist reserve officer selections shall be approved by the Chief of Police. (Ord. 85-29 § 1 (Exh. A § 4(D)), 1985).

2.44.250 Specialist Reserve Officer – Requirements.

Specialist reserve officer requirements shall be as follows:

A. Age. Nominees must be at least 18 years of age; however, there is no upper age limit.

B. Citizenship. United States citizenship is not mandatory; however, nominees must be residing in the United States legally.

C. Education. Because specialized professional skills or knowledge are required, the educational requirements will include appropriate evidence that the nominee is an expert in her/his field.

D. Background Investigation. An investigation into each nominee’s background shall be conducted to determine her/his suitability as a specialist reserve officer. (Ord. 85-29 § 1 (Exh. A § 4(E)), 1985).