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Old 11-25-2009, 9:47 AM
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choprzrul choprzrul is offline
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Originally Posted by choprzrul View Post
I had an informal sit down with my mayor this morning after another meeting that we were in. I gave him a quick run down of what current CA law states and how this idea can be incorporated into a city program. I asked what it costs the city to do background checks on their police volunteers. He indicated that he was sure that it would be way under $500. I then proposed a plan whereby independent contractors would pay an administrative fee of $1500. He was very interested and asked me to provide more specific information. I am moving forward with his request in the form of a letter that I will hand deliver to him. I will post it below and quote this post. Please review the letter and offer constructive criticism and ideas. I am not interested in personal viewpoints about moral issues, but rather seek to ensure that it moves forward within the letter of the law.
The following criteria is taken from:
http://www.post.ca.gov/Hiring/Peace_..._Standards.asp which specifies the requirements for California Peace Officers.
Overview of Peace Officer Selection Standards
California peace officers undergo an extensive selection process before they are hired by law enforcement agencies. The role of the California Commission on Peace Officer Standards and Training (POST) includes establishing minimum selection standards for peace officers in California and conducting research that results in the development of the tests and procedures used by local law enforcement agencies to adhere to these minimum selection standards.

Minimum Selection Standards

The minimum peace officer selection standards are set forth in Government Code Sections 1029 and 1031. Every California peace officer must be:
--free of any felony convictions;
--a citizen of the United States or a permanent resident alien who is eligible for and has applied for citizenship (CHP officers must be US citizens at time of appointment);
--at least 18 years of age;
--fingerprinted for purposes of search of local, state, and national fingerprint files to disclose any criminal record;
--of good moral character, as determined by a thorough background investigation;
--a high school graduate, pass the General Education Development test or have attained a two-year, four-year, or advanced degree from an accredited or approved institution, and
--found to be free from any physical, emotional, or mental condition which might adversely affect the exercise of the powers of a peace officer.

California Penal Code Section 830.6 outlines a very specific situation whereby previously vetted pool of auxillary/reserve personnel can be a very valuable resource for our city when pressed into service:

(c) Whenever any person is summoned to the aid of any uniformed
peace officer, the summoned person is vested with the powers of a
peace officer that are expressly delegated to him or her by the
summoning officer or that are otherwise reasonably necessary to
properly assist the officer.



I propose that our city accept applications for contracted special reserve peace officers. These officers must meet the POST Minimum Selection Standards outlined above. These independant contractors will be expected to pay for the administrative fees associated with vetting them for employment. The amount of these fees are to be $1,500.00. Additionally, each applicant will be expected to pay for an annual background check in the amount of $200.00. Each applicant will be expected to attend a handgun training course for a minimum of 16 hours on 2 consecutive days prior to employment and each year thereafter. Independent contractors will be sworn Level III (see definition below) reserve officers ONLY for the purposes outlined in California Penal Code Section 830.6 paragraph (c). Independent contractors are expected to carry a legally concealable weapon (within the legal confines of their location) at all times. These independent contractors are to be paid $1.00 per year for their services. They will be retained in an Administrative Leave status until such time as their services are required under 830.6 paragraph (c).


California Penal Code Section 832.6
(a) Every person deputized or appointed, as described in
subdivision (a) of Section 830.6, shall have the powers of a peace
officer only when the person is any of the following:
...

(3) Level III reserve officers may be deployed and are authorized
only to carry out limited support duties not requiring general law
enforcement powers in their routine performance. Those limited
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 while assigned these
duties shall be 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 reserve officers. Level
III reserve officers may transport prisoners without immediate
supervision. Those persons shall have completed the training
required under Section 832 and any other training prescribed by the
commission for those persons.

Since these independent contractors are to be employed but kept in reserve on paid Administrative Leave, they will not be required to attend the California POST training. This is supported in:
Cal. Admin. Code tit. 11, ยง 1007
...

(3) Level III Reserve Peace Officers
(A) Minimum Training Requirement. Every Level III reserve peace officer [defined in PAM, section H-1-2(c)], before being assigned to duties which include the exercise of peace officer powers, shall satisfactorily complete the POST-certified Module III (PAM, section D-1-3).

Last edited by choprzrul; 11-25-2009 at 10:01 AM..
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