Gustine Municipal Code Ch. 8 Police Department

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State Law reference— Municipal police departments, Government Code § 38630 et seq.

There is hereby created a police department for the city which shall consist of a chief of police and as may employees as the city council may designate from time to time.

(Code 1966, § 4-6.01)

(a) The chief of police shall be appointed by the city manager. The chief of police shall serve at the pleasure of the city manager and may be removed by the city manager at any time thereafter pursuant to applicable state and federal laws.

(b) The city manager shall be the immediate supervisor of the chief of police, and all policies, directives, and orders from the city government to the chief of police shall be transmitted or made by the city manager. The chief of police shall report directly to the city manager on all matters concerned with the administration of the police department.

(Code 1966, §§ 4-6.02, 4-6.03)

State Law reference— Police chief, Government Code §§ 36501, 41601 et seq.

(a) The chief of police shall direct the administration and operations of the police department and, in addition to the policies transmitted to him by the city manager, shall establish such other policies, directives, rules, and regulations for the administration and operation of the police department as he sees fit. The chief of police shall serve as the appointive authority for appointments to positions within the police department, other than his own, and shall have the power to suspend or dismiss any employee consistent with the provisions of this Code, applicable state and federal laws, applicable police department policies and procedures, and the personnel rules as adopted by the city council.

(b) The chief of police shall lead by professional example and by participation as a member of the management team of the city. He shall organize the police department to accomplish its mission and shall coordinate and control the operations of major division within the police department as well as its relations with other law enforcement agencies. Other responsibilities shall include, but not be limited to:

(1) The review and evaluation of police department policies and procedures.

(2) Conducting staff meetings and inspections to evaluate and improve departmental performance and efficiency.

(3) Direct the police department toward meeting goals and objectives as may be set by the city manager or city council.

(4) Plan for departmental needs and programs.

(5) Provide advice and counsel to the city manager on matters pertaining to law enforcement; and

(6) Provide information and maintain external relations with the public.

(Code 1966, §§ 4-6.04, 4-6.05)

State Law reference— Functions of police chief, Government Code § 41601 et seq.

The city hereby declares that it desires to qualify to receive aid from the state pursuant to the provisions of Penal Code pt. 4, tit. 4, ch. 1 (Penal Code § 13500 et seq.). Pursuant to the provisions of Penal Code pt. 4, tit. 4, ch. 1 (Penal Code § 13522), the city, while receiving aid from the state pursuant to such chapter, shall adhere to the standards for recruitment and training established by the state commission on peace officers standards and training.

(Code 1966, §§ 2-4.301, 2-4.302)

State Law reference— Training of local law enforcement officers, Penal Code § 13500 et seq.

(a) The provisions of this section shall not apply to property subject to confiscation under the laws of the state or of the United States of America.

(b) All unclaimed personal property in the possession of the police department shall be stored in a safe place by the chief of police for at least six months.

(c) The chief of police shall restore unclaimed personal property to its legal owner upon proof of such ownership satisfactory to the chief of police and upon the payment of all reasonably necessary costs in the care and protection thereof unless such property is held by the police department as evidence in a pending case. In such event such unclaimed personal property shall be disposed of only upon an order of the proper court.

(d) At any time after the expiration of the six months' period set forth in subsection (b) of this section, the chief of police may publish once in a newspaper of general circulation in the city a notice of his intention to sell all such unclaimed personal property at public auction to the highest bidder at the time and place specified in the notice. The sale shall be held not less than five days after the publication of such notice, and each item shall be separately sold at public auction to the highest bidder. The expenses connected with such sale shall be a proper charge against the general fund, and all proceeds received from such sale shall be delivered to the city treasurer for deposit in the general fund. The chief of police shall report any items remaining unsold after the public auction to the council. The council shall instruct the chief of police what disposition shall be made of such items as it may see fit in the public interest.

(Code 1966, §§ 3-5.01-3-5.04)