Chapter 2.10
CITY DEPARTMENTS
Sections:
2.10.010 Departments created and powers, duties and responsibilities.
2.10.020 Organization and city manager’s authority.
2.10.040 Department heads – Appointment and removal – Accountability.
2.10.050 Appointment and suspension of employees.
2.10.070 Council meeting attendance.
2.10.080 Rules and regulations.
2.10.090 Recordkeeping and reports.
2.10.100 Permit and license authority.
2.10.140 Reserve police force.
2.10.150 Military equipment use.
2.10.010 Departments created and powers, duties and responsibilities.
A. City Clerk. The city clerk shall comply with all the provisions of state law and this code as they apply to the position of city clerk. Additionally, the city clerk shall perform such duties as are from time to time assigned by the city manager.
B. Community Development Department. The community development department is created and, subject to the provisions of this chapter, is authorized to operate. The community development department is managed by the community development director. The community development department shall have as its main purpose the obligations and duties of planning, engineering, building inspection, and solid waste functions.
C. Finance Department. The finance department is created and, subject to the provisions of this chapter, is authorized to operate. The finance department is managed by the finance director. The finance department shall have as its main purpose the obligations and duties of providing financial management of all city funds and administering internal support functions for all city departments. The finance director shall function as the city treasurer and shall perform such duties as are from time to time assigned by the city manager.
D. Police Department. The Fortuna police department is created and, subject to the provisions of this chapter, is authorized to operate. The police department is managed by the police chief. The police department shall have as its main purpose the obligations and duties of enforcing the laws and ordinances of the city, state, and the United States of America and, in addition thereto, shall protect life and property, prevent crime, and combat juvenile delinquency.
E. Public Works Department. The public works department is created and, subject to the provisions of this chapter, is authorized to operate. The public works department is managed by the director of public works. The public works department shall have as its main purpose the obligations and duties of operating and maintaining the city’s streets, drainage system, buildings, utility system, vehicles, and equipment.
F. Parks and Recreation Department. The parks and recreation department is created and, subject to the provisions of this chapter, is authorized to operate. The parks and recreation department is managed by the parks and recreation director. The parks and recreation department shall have as its main purpose the obligations and duties of operating and maintaining the city’s parks, open space, and recreation programs. (Ord. 2013-702 § 2 (Exh. A); Ord. 98-615 § 2; Ord. 97-611 § 2).
2.10.020 Organization and city manager’s authority.
The departments shall consist of the department heads and all such subordinate employees as is deemed necessary for the effective operation of the departments. The city manager shall have full authority to determine the form of organization, and to recommend to the city council the salaries of all department heads and employees and to authorize department expenditures. (Ord. 97-611 § 2).
2.10.030 Management.
The department heads shall have control, management, and direction over all members of their department in the lawful exercise of their functions as department heads. (Ord. 97-611 § 2).
2.10.040 Department heads – Appointment and removal – Accountability.
After review with the city council, the city manager shall appoint and may remove any department head. The department heads shall be accountable to the city manager and shall make written and verbal reports thereto as the city manager may require. (Ord. 97-611 § 2).
2.10.050 Appointment and suspension of employees.
Employees of the city departments shall be accountable to their department head only. The department head may discipline any member of their department when he deems such action necessary for the good of the department. (Ord. 97-611 § 2).
2.10.060 Budget preparation.
The department heads shall prepare and submit to the city manager a yearly budget with recommendations concerning the operation of their department. (Ord. 97-611 § 2).
2.10.070 Council meeting attendance.
The department heads shall attend all regular council meetings unless excused by the city manager. (Ord. 97-611 § 2).
2.10.080 Rules and regulations.
The department heads shall formulate a written set of rules and regulations for their department subject to the approval by the city manager. (Ord. 97-611 § 2).
2.10.090 Recordkeeping and reports.
The department heads shall keep complete records concerning the operation of their department. The department heads shall make monthly and annual reports to council via the city manager concerning the operation of their department. (Ord. 97-611 § 2).
2.10.100 Permit and license authority.
The department heads shall have the authority of general inspection and supervision over all classes of business for which it is necessary to secure permits or licenses from the city pursuant to the provisions of this code.
The department head may recommend to the city council the revocation of any permit or license as soon as it appears that the business to which it was granted is conducted in a disorderly or improper manner or that the person holding such license or permit, or any of his employees, violated any federal, state, or city law in connection with the operation of the business. (Ord. 97-611 § 2).
2.10.110 Custody of property.
The department heads shall have custody of all the property of the city in use by their department and shall be responsible for its safety and care. Further, department heads shall permit none of the property to be used for private use or to be loaned or to be moved without authorization by the city manager. (Ord. 97-611 § 2).
2.10.120 Process execution.
The department heads shall see that all orders of process issued by any court concerning their department are properly executed. (Ord. 97-611 § 2).
2.10.130 Training.
The department heads shall conduct such in-service training programs as necessary to ensure that all their employees are qualified for their positions. Additionally, department heads shall send eligible personnel to training schools and conferences with approval of the city manager.
A. Police Training and Recruitment Standards – 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, Part 4, of the Penal Code. Pursuant to Section 13522 of the Penal Code, the city, while receiving aid from the state pursuant to such code, will adhere to the standards for recruitment and training established by the California Commission on Peace Officers Standards and Training.
B. Selection and Training Standards of Public Safety Dispatchers. The city declares that it desires to qualify to receive aid from the state under the provisions of Section 13522, Chapter 1, of Title 4, Part 4, of the Penal Code. Pursuant to Section 13510(c), Chapter 1, the Fortuna police department will adhere to standards for recruitment and training established by the California Commission on Peace Officer Standards and Training (POST). Pursuant to Section 13512, Chapter 1, the commission and its representatives may make inquiries as deemed appropriate by the commission to ascertain that the Fortuna police department public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. (Ord. 97-611 § 2. Code 1961 §§ 18-18, 18-19).
2.10.140 Reserve police force.
The police chief shall have the authority to appoint, train, and direct a reserve police force to assist the police department. (Ord. 97-611 § 2).
2.10.150 Military equipment use.
A. Short Title. This section shall be known as the military equipment use ordinance.
B. Definitions.
“City” means any department, agency, bureau, and/or subordinate division of the city of Fortuna.
“City council” means the city council of the city of Fortuna.
“Exigent circumstances” means a law enforcement agency’s good faith belief that an emergency involving the danger of, or imminent threat of, death or serious physical injury to any person is occurring, has occurred, or is about to occur.
“Military equipment” shall have the same meaning as set forth in Government Code Section 7070(c) as follows:
1. Unmanned, remotely piloted, powered aerial or ground vehicles.
2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers. However, police versions of standard consumer vehicles are specifically excluded from this subsection.
3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two and one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached. However, unarmored all-terrain vehicles (ATVs) and motorized dirt bikes are specifically excluded from this subsection.
4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.
5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.
6. Weaponized aircraft, vessels, or vehicles of any kind.
7. Battering rams, slugs, and breaching apparatuses that are explosive in nature. However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subsection.
8. Firearms of .50 caliber or greater. However, standard-issue shotguns are specifically excluded from this subsection.
9. Ammunition of .50 caliber or greater. However, standard-issue shotgun ammunition is specifically excluded from this subsection.
10. Specialized firearms and ammunition of less than .50 caliber, including assault weapons as defined in Sections 30510 and 30515 of the Penal Code, with the exception of standard-issue service weapons and ammunition of less than .50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.
11. Any firearm or firearm accessory that is designed to launch explosive projectiles.
12. “Flash-bang” grenades and explosive breaching tools, “tear gas,” and “pepper balls,” excluding standard, service-issued handheld pepper spray.
13. Taser Shockwave, microwave weapons, water cannons, and the long-range acoustic device (LRAD).
14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, “bean bag,” rubber bullet, and specialty impact munition (SIM) weapons.
15. Any other equipment as determined by a governing body or a state agency to require additional oversight.
16. Notwithstanding subsections (1) through (15) of this definition, “military equipment” does not include general equipment not designated as prohibited or controlled by the federal Defense Logistics Agency.
“Military equipment use policy” means a publicly released, written document that includes, at a minimum, all of the following:
1. A description of each type of military equipment, the quantity sought, its capabilities, expected lifespan, and product descriptions from the manufacturer of the military equipment.
2. The purposes and authorized uses for which the law enforcement agency or the state agency proposes to use each type of military equipment.
3. The fiscal impact of each type of military equipment, including the initial costs of obtaining the equipment and estimated annual costs of maintaining the equipment.
4. The legal and procedural rules that govern each authorized use.
5. The training, including any course required by the Commission on Peace Officer Standards and Training, that must be completed before any officer, agent, or employee of the law enforcement agency or the state agency is allowed to use each specific type of military equipment to ensure the full protection of the public’s welfare, safety, civil rights, and civil liberties and full adherence to the military equipment use policy.
6. The mechanisms to ensure compliance with the military equipment use policy, including which independent persons or entities have oversight authority, and, if applicable, what legally enforceable sanctions are put in place for violations of the policy.
7. For a law enforcement agency, the procedures by which members of the public may register complaints or concerns or submit questions about the use of each specific type of military equipment, and how the law enforcement agency will ensure that each complaint, concern, or question receives a response in a timely manner.
“Police department” means any division, section, bureau, employee, volunteer and/or contractor of the Fortuna police department.
“State agency” means the law enforcement division of every state office, officer, department, division, bureau, board, and commission or other state body or agency, except those agencies provided for in Article IV (except Section 20 thereof) or Article VI of the California Constitution.
“Type” means each item that shares the same manufacturer model number.
C. Military Equipment Use Policy Requirements.
1. The police department shall obtain approval of the city council, by an ordinance adopting a military equipment use policy (MEUP) at a regular meeting of the city council held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable, prior to engaging in any of the following:
a. Requesting military equipment made available pursuant to Section 2576a of Title 10 of the United States Code.
b. Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
c. Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
d. Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the city of Fortuna.
e. Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this section.
f. Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of, military equipment.
g. Acquiring military equipment through any means not provided by this section.
2. No later than May 1, 2022, if seeking to continue the use of any military equipment that was acquired prior to January 1, 2022, the police department shall commence a city council approval process in accordance with this section. If the city council does not approve the continuing use of military equipment, including by adoption pursuant to a military equipment use policy submitted pursuant to this code, within 180 days of submission of the proposed military equipment use policy to city council, the police department shall cease its use of the military equipment until it receives the approval of city council in accordance with this code.
3. In seeking the approval of city council, the police department shall submit a proposed military equipment use policy to city council and make those documents available on the police department’s internet website at least 30 days prior to any public hearing concerning the military equipment at issue.
4. The governing body shall only approve a military equipment use policy pursuant to this section if it determines all of the following:
a. The military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety.
b. The proposed military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties.
c. If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety.
d. Prior military equipment use complied with the military equipment use policy that was in effect at the time or, if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
5. In order to facilitate public participation, any proposed or final military equipment use policy shall be made publicly available on the internet website of the police department for as long as the military equipment is available for use.
6. The city council shall review any ordinance that it has adopted pursuant to this section approving the funding, acquisition, or use of military equipment at least annually and vote on whether to renew the ordinance at a regular meeting held pursuant to the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2) or the Ralph M. Brown Act (Chapter 9 (commencing with Section 54950) of Part 1 of Division 2 of Title 5), as applicable.
D. Use in Exigent Circumstances.
1. Notwithstanding the provisions of this section, the police department may acquire, borrow and/or use military equipment in exigent circumstances without following the requirements of this code.
2. If the police department acquires, borrows, and/or uses military equipment in exigent circumstances, in accordance with this section, it must take all of the following actions:
a. Provide written notice of that acquisition or use to the city council within 30 days following the commencement of such exigent circumstances, unless such information is confidential or privileged under local, state or federal law.
b. If it is anticipated that the use will continue beyond the exigent circumstances, submit a proposed amended military equipment use policy to the city council within 90 days following the borrowing, acquisition and/or use, and receive approval, as applicable, from the city council.
c. Include the military equipment in the police department’s next annual military equipment report.
E. Reports on the Use of Military Equipment.
1. The police department shall submit to city council an annual military equipment report for each type of military equipment approved by the city council within one year of approval, and annually thereafter for as long as the military equipment is available for use.
2. The police department shall also make each annual military equipment report required by this section publicly available on its internet website for as long as the military equipment is available for use.
3. The annual military equipment report shall, at a minimum, include the following information for the immediately preceding calendar year for each type of military equipment:
a. A summary of how the military equipment was used and the purpose of its use.
b. A summary of any complaints or concerns received concerning the military equipment.
c. The results of any internal audits, any information about violations of the military equipment use policy, and any actions taken in response.
d. The total annual cost for each type of military equipment, including acquisition, personnel, training, transportation, maintenance, storage, upgrade, and other ongoing costs, and from what source funds will be provided for the military equipment in the calendar year following submission of the annual military equipment report.
e. The quantity possessed for each type of military equipment.
f. If the law enforcement agency intends to acquire additional military equipment in the next year, the quantity sought for each type of military equipment.
4. Within 30 days of submitting and publicly releasing an annual military equipment report pursuant to this section, the police department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the general public may discuss and ask questions regarding the annual military equipment report and the law enforcement agency’s funding, acquisition, or use of military equipment.
5. The city council shall determine, based on the annual military equipment report submitted pursuant to this section, whether each type of military equipment identified in that report has complied with the standards for approval set forth in this code and the military equipment use policy. If the city council determines that a type of military equipment identified in that annual military equipment report has not complied with the standards for approval, the city council shall either disapprove a renewal of the authorization for that type of military equipment or require modifications to the military equipment use policy in a manner that will resolve the lack of compliance. (Ord. 2022-753 § 3 (Exh. A)).