HomeMy WebLinkAboutAgenda Statement 1980/12/16 Item 11
COUNCIL AGENDA STATEMENT
Item 11
ITEM TITLE:
Meeting Date 12-16-80
Resolution /t'.3S"..3 - Designating persons meeting specified
qualifications as Level I ~eserve Police Officers and
qualified to perform general law enforcement duties
Director of Public safetywj0 (4/5ths Vote: Yes_ No~)
SUBMITTED BY:
New law effective January 1, 1981, increases basic training requirements
for Level I Reserve Police Officers and provides that persons holding
Level I Reserve Officer Certification before January 1, 1981, shall have
peace officer powers if so designated by Ordinance or Resolution of the
local legislative body.
RECOMMENDATION: That Council:
1. Approve this Resolution
BOARD/COMMISSION RECO}~ENDATION: Not Applicable
DISCUSSION:
Assembly Bill 3217 amends Sections 830.6 and 832.6 of the California Penal
Code and becomes law January 1, 1981. This legislation provides that after
January 1, 1981, persons appointed as Reserve Peace Officers for the
purpose of general enforcement of the laws while working alone must complete
the same basic training required for regular deputy sheriffs and pOlice
officers.
We interpret the Bill to provide that persons issued Level I Reserve Officer
Certificates prior to January 1, 1981, shall have pOlice officer powers if
so designated by Ordinance or Resolution of the local legislative body,
individually or by class if, notwithstanding specified requirements, the
appointing authority determines the person is qualified to perform general
law enforcement duties by reason of training and experience.
We have a number of Reserve Officers who were grandfathered in as Level I
Reserve Officers by the appointing authority under provisions of 1979
legislation; a number who have since qualified as Level I Reserve Officers
under minimum training standards set by 1979 legislation and a number who
are in the final stage of completing Level I training as prescribed by
1979 legislation. It is our desire to have all of these persons
designated by Council Resolution as Level I Reserve Officers for the
purpose of general law enforcement duties.
This Bill was poorly written and has resulted in a great deal of confusion.
Some officials do not feel that this legislation requires the passage of a
Resolution to blanket in current Reserve I's and those who are currently
in training. P.O.-S.T. has asked the Attorney General for an interpretation.
We feel that to be safe we should take Council action at this time to
insure that this group of Reserve I' s maintains' their ,status Clfter January
1, 1981.
!03f) 3
Form A-1l3 (Rev. 11/79)
Agreement_ Resolution X
EXHIBITS
Ordinance Plat
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Notification list
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II
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Other
ENVIRONMENTAL DOCUMENT: Attached
Submitted on
Page 2 Item 11
Meeting Date 12-9-80
Resolution - Designating persons meeting specified qualifications
as Level I Reserve Police Officers and qualified to perform
general law enforcement duties
This change in law will make it difficult to recruit volunteer
Reserve Officers who are willing or able to undertake the heavy
commitment in basic training required for Level I status. If
we do not or cannot preserve the number of Level 1 Reserve
Officers we now have, the level of service provided by the Police
Department will be seriously impaired.
Prior to January 1, 1979, we provided 80 to 100 hours of classroom
training to Reserve applicants. After graduation they received
additional training by experienced officers and Reserves. We
utilized our Reserves as we saw fit based upon our evaluation of
their capabilities.
Effective January 1, 1979, state legislation was enacted that
established a classification system for Reserves. Basically this
established three classes of Reserves with specific training and
usage mandates, as follows:
Reserve I
200 hours classroom training
200 hours field training
Can work alone or with another Reserve I
Reserve II
80 hours classroom training
Can only work under the immediate supervision of a regular
police officer
Reserve III
40 hours classroom training
Can only work in ceremonial capacity - such as !1ounted Police
Reserve in parades and fixed post traffic
The new legislation effective January 1, 1981 will increase the
requirement for Reserve I to a minimum of 400 hours classroom
training and still 200 hours of field training.
Since the new legislation in 1979 we have seen our Reserve forces
reduced by almost 50%. These new training requirements will
certainly aggravate the situation and almost eliminate the backbone
of the Reserve organization; namely, the interested citizen who does
not want to pursue a peace officer career but simply wants to serve
the community.
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Page 3 Item 11
Meeting Date 12-9-80
Resolution - Designating persons meeting specified qualifications
as Level I Reserve Police Officers and qualified to perform
general law enforcement duties
Another facet of this change is that the only authorized Reserve I
academy will be at Miramar Community College. The increased hours
and distance to this college will significantly diminish our
chances to secure new members.
The Reserve II requirements will remain at 80 hours and theoretically
we should be able to maintain a Reserve II group. However, the heart
of our program is the Reserve I who can ride alone or with another
Reserve.' We frequently place three (3) Reserve patrol units in the
field at night. In addition to answering simple calls for service
they also provide supplemental coverage for regular officers on high
priority assignments. The simple presence of these Reserve units
patrolling the city is invaluable. If this new legislation destroys
the Reserve I program in Chula Vista it is unlikely that we will be
able to maintain a Reserve II group tha t.' is large enough to meet the
needs of high school athletic programs, parades and other public
events.
FISCAL IMPACT:
None
~t' II'" J!...
tJ t e City Council of
Chula Vista, California
Dated
/;l - / (, - rO
WJW/ams
103f) 3