Monterey County Municipal Code Ch. 2.77 Special Probation Enforcement Services

Any public entity or private organization, whether conducting regular business or a public assemblage or event, where special probation enforcement services in addition to that provided by local and state law enforcement agencies are necessary and desired, may contract therefor with the Monterey County Probation Department.

(Ord. 4242 § 1 (part), 2004)

A request to contract for probation special enforcement services shall be submitted in writing to the Chief Probation Officer or his/her designee and shall set forth the following information:

A. The name and address of the entity;

B. The name and address of the person to be in charge;

C. The business hours, or time and place of the public assemblage or event;

D. A general description of the activity to be conducted;

E. The number of persons expected to attend, or normally involved in the activity;

F. The number of probation personnel desired;

G. The time period during which special probation enforcement services are needed.

(Ord. 4242 § 1 (part), 2004)

A. The Chief Probation Officer may, in his/her sole judgment and discretion, determine whether and how many individuals should be provided for special probation enforcement services in order to protect the public peace, safety, morals and welfare. Each agreement to provide special probation enforcement services shall be in writing and executed by the parties thereto.

B. The Chief Probation Officer and the public entity or private organization shall reach agreement as to the number of probation personnel that are necessary and/or available, and the duties to be performed. The Chief Probation Officer shall notify the public entity or private organization of the approximate cost thereof.

C. The agreement entered into shall encompass only the duties and responsibilities of the Probation Officers, including law enforcement duties under Penal Code Section 830.5. It shall not include performance of any services authorized to be provided by a private patrol operator as defined in Business & Professions Code Section 7582.1.

D. The provision of special probation enforcement services pursuant to the ordinance codified in this Chapter shall not reduce the normal and regular ongoing services by Deputy Probation Officers, Probation Services Managers and Probation Division Managers that the County of Monterey would otherwise provide.

E. The Chief Probation Officer is authorized to execute agreements on behalf of the County for special probation enforcement services that are entered into pursuant to this Chapter.

(Ord. 5039 § 1, 2006: Ord. 4242 § 1 (part), 2004)

A. Deputies, Probation Services Managers and Probation Division Managers who provide services under this Chapter may be assigned to work during their regular working hours or to work outside of their regular working hours.

B. If the Board of Supervisors approves the necessary positions, additional Deputy Probation Officers may be hired where full time employment is justified by both the augmentation of the Department's budget through contracts entered into under this Chapter, and by the length of the term of the agreement between the parties.

(Ord. 4242 § 1 (part), 2004)

Each agreement entered into under this Chapter shall require that the contracting entity fully reimburse the County of Monterey through the Chief Probation Officer for the actual costs (including any benefits) of providing the agreed upon services, as determined by the County's Auditor-Controller. Actual costs include, but are not limited to, administrative expenses (e.g., workers' compensation insurance and liability insurance) that are directly or indirectly attributable to the contractual services provided.

(Ord. 4242 § 1 (part), 2004)

A. Compensation paid by the County of Monterey to Deputy Probation Officers, Probation Services Managers and Probation Division Managers for special probation enforcement services as set forth in this Chapter shall constitute full reimbursement for all such services performed by them.

B. Deputies, Probation Services Managers and Probation Division Managers assigned during their regular working hours shall be compensated as normally, in accordance with the Monterey County salary ordinances and/or any applicable memorandum of understanding provisions.

C. Compensation paid by the County of Monterey to Deputy Probation Officers for special probation enforcement services performed under this Chapter outside regular working hours, shall be in addition to the individual's regular salary and shall be computed at rates set forth in the current applicable memorandum of understanding for overtime compensation. Deputies performing services outside their regular working hours shall furnish their own transportation for assignments and shall not be entitled to additional reimbursement for meals, mileage or other expense, if any is incurred.

D. Compensation paid by the County of Monterey to Probation Services Managers who are overtime exempt under the Fair Labor Standards Act, for special probation enforcement services performed under this Chapter outside of regular working hours, shall be in addition to the individual's regular salary and shall be computed at the rate of one and one-half times the Probation Services Manager and/or Probation Division Manager's current salary hourly rate. Probation Services Managers performing services outside their regular working hours shall furnish their own transportation for assignments and shall not be entitled to additional reimbursement for meals, mileage or other expense, if any is incurred.

(Ord. 4242 § 1 (part), 2004)

Compensation earned for special probation enforcement services shall be paid not later than the next regular County payroll for the period commencing after receipt by the Auditor-Controller of the necessary documentation.

(Ord. 4242 § 1 (part), 2004)

Personnel assigned to perform special probation enforcement services under this Chapter shall act as Peace Officers and shall perform their duties as ordered, in conformity with established Probation Department guidelines and procedures. They shall perform only those duties normally performed by a Deputy Probation Officer or Probation Services Manager or Probation Division Manager.

(Ord. 4242 § 1 (part), 2004)

Officers and employees of the Probation Department are prohibited from performing special probation enforcement services for other public entities or for private organizations, whether in or out of uniform, except as authorized in this Chapter.

(Ord. 4242 § 1 (part), 2004)

This Chapter shall provide the exclusive means for providing special probation enforcement services, and for assigning and compensating Deputy Probation Officers, Probation Services Managers and Probation Division Managers in connection therewith. The Chief Probation Officer may, within his or her discretion, assign Deputies and Probation Services Managers for work outside their regular working hours under this Chapter without other approval, so long as the actual costs of providing such services are fiscal year budget neutral and fully reimbursed to the County.

(Ord. 4242 § 1 (part), 2004)