Anderson Municipal Code Ch. 2.41 Police Reserve Officer Program

Under the authority granted in Article XI, Section 7 of the California Constitution and the California Penal Code, Section 836.2, the City of Anderson, by and through its council, does enact this chapter of its Municipal Code, which shall be known as the Police Reserve Officer Program.

(Ord. No. 798, 3-15-2016)

A. The City of Anderson has seen an increase in crime within its jurisdiction and to combat such crime the city's police department has pursued proactive policing methods such as POP (problem oriented policing) and other saturation methods of similar kind. A proactive policing effort has been impactful on the crime rates and safety of those present within the City of Anderson.

B. That the City of Anderson'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 through sworn officers use of sick leave, family medical leave, vacation, and absences of similar kind.

C. That the City of Anderson would greatly benefit from a reserve officer program to assist in maintaining full staffing and the resulting police presence where otherwise unable to do so.

D. That the 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 officer designation is a peace officer.

E. That California Penal Code Section 832.6 (a) sets forth three classifications of reserve officers varying from reserve officer I, which carries full police authority to reserve officer III, which allows for the performance of limited duties not requiring general law enforcement powers in their routine work.

F. That the City of Anderson Police Department can benefit from the presence of a reserve officer program by maintaining a consistent presence of proactive policing methods.

(Ord. No. 798, 3-15-2016)

For the purpose of this chapter the following definitions apply:

"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 Anderson Police Department (APD) comprising a minimum of four hundred hours.

"Chief of police" means the chief of police for the City of Anderson.

"Designation" means a letter signed and dated by the chief of police designating a reserve officer a level I or level II reserve officer.

"Level I reserve officer" means a reserve officer deputized or appointed pursuant to paragraph (1) or (2) of subdivision (a) or subdivision (b) of Section 830.6 and assigned to the prevention and detection of crime and the general enforcement of the laws of this state, whether or not working alone, and the person has completed the basic training course for deputy sheriffs and police officers prescribed by the Commission on Peace Officer Standards and Training (California Penal Code, Section 830.6 (a)(1)) and who meets the obligations of Section 2.41.070 herein.

"Level II reserve officer" means a reserve officer assigned to the prevention and detection of crime and the general enforcement of the laws of this state while 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 on Peace Officer Standards and Training, and has completed the course required by Section 832 of the California Penal Code and any other training prescribed by the Commission on Peace Officer Standards and Training (California Penal Code, Section 830.6 (a)(2)).

"Post certificate" means a certificate of completion from a post-approved basic academy.

(Ord. No. 798, 3-15-2016)

There is established for the City of Anderson a reserve police officer unit to be an auxiliary of the regularly constituted full-time paid police department of the City of Anderson. The total number of the reserve police officers shall not exceed that of the number of full-time sworn officers.

(Ord. No. 798, 3-15-2016)

A reserve police officer shall be appointed by the chief of police. Reserve 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. Reserve officers appointed pursuant to this paragraph shall satisfy the continuing professional training requirement prescribed by the commission.

(Ord. No. 798, 3-15-2016)

To ensure arrest authority exists in the enforcement of the penal laws of the state, or the penal ordinances of the city, and in the performance of such other duties as may be designated by the chief of police, all reserve officers within the Reserve Officer Program shall possess a minimum status of reserve officer II.

(Ord. No. 798, 3-15-2016)

1. Upon designation by the chief of police, a reserve peace officer who has qualified as a level I reserve officer and possess any one of the following, hereby possess full powers and duties of a peace officer as provided in Section 830.1 of the California Penal Code:

(A) A sworn officer of the Anderson Police Department bearing a retired status.

(B) A minimum of two years of field experience as a reserve peace officer with the Anderson Police Department comprising a minimum of four hundred hours and has satisfied competency levels and performance satisfactory to the chief of police;

(C) Have Comparable Experience of a minimum of five years with another jurisdiction in the State of California as a full time police officer;

(D) Have comparable experience of a minimum of five years with another jurisdiction in the State of California as a level I reserve peace officer and two years as a reserve peace officer with APD comprising a minimum of two hundred hours;

2. This chapter includes as eligible for appointment to level I, those reserves who have been issued a level I reserve police officer certificate prior to January 1, 1981, as well as those who have received their level I reserve peace officer certificates on or after that date.

3. All recommendations for appointment to the designated level I reserve peace officer status shall be at the discretion of the chief of police.

(Ord. No. 798, 3-15-2016)

1. The reserve police unit shall be under the direction and control of the chief of police or person designated a provisional 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 unit.

2. The chief of police shall be part of the reserve police unit in such manner that is consistent with the best interest of the public safety and welfare. The chief of police shall establish and enact minimum training standards intended to provide a minimum acceptable level of performance as set forth in Section 2.40.020 (C) of this code.

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 officer, nor shall the chief of police be under any mandate to recommend any such appointment of any individual reserve peace officer. Members of the reserve police unit shall serve at the pleasure of the chief and are subject to removal or termination at any time, with or without cause.

(Ord. No. 798, 3-15-2016)

Reserves shall perform only such public service as ordered by the chief of police or a provisional police chief where assigned and acting in the absence of the chief of police.

(Ord. No. 798, 3-15-2016)

Reserve peace officers may receive compensation from the city for any service beyond the required sixteen hours per month minimum, when such services are rendered in response to a request from the chief of police. The amount of compensation shall be prescribed by the city manager, but in no case shall be more than that paid to a full-time sworn police officer of the lowest classification for the time served.

(Ord. No. 798, 3-15-2016)