Tustin Municipal Code Part 3 Special Services

In any instance in which a special event or occurrence including, but not limited to, the premiere of a motion picture, the opening of a new store or building, a bazaar, a wedding, a sports or athletic event, a carnival, a circus, or any gathering which may attract a large number of people, or which for other reasons may be, or become, a hazard to the public peace, health, safety or general welfare, unless attended or supervised by the Chief of Police or the Chief of the Fire Department, as the case may be, or personnel under their respective commands, or in any instance where a person, firm, or corporation desires special public safety services over and above the normal services provided by the Police Department or the Fire Department of the City, such services, is approved by the Chief of Police or the Chief of the Fire Department, as the case may be, may be provided at the expense of the applicant or person in charge of such event under the following conditions:

(a) The Chief of Police or the Chief of the Fire Department, as the case may be, shall notify the person in charge of such event of the necessity of having in attendance at such event as the case may be, policemen, firemen, parking control officer or crossing guard, and the required number of each;

(b) The person, firm, organization, or corporation in charge of such event and so required to or desiring to employ the services of the City's police or fire personnel to be in attendance thereat, shall file a request for such services with the Chief of Police or the Chief of the Fire Department, as the case may be, stating the nature of the event, the approximate number of policemen, firemen, parking control officers or crossing guards requested to be in attendance, the approximate length of time such services are required or are desired, and a written agreement to pay the City for such special services as provided elsewhere herein.

(c) The Chief of Police or the Chief of the Fire Department, as the case may be, may approve or deny such request, or increase or decrease the number of personnel assigned for such special security assignment.

(d) When assigned for duty on such special security assignment, policemen, firemen, parking control officers or crossing guards, as the case may be, shall be deemed to be on regular duty under the general supervision of the Chief of Police or the Chief of the Fire Department, and any officer in charge under their respective commands, and shall be entitled to any and all benefits provided by law or ordinance for such personnel as members of the Police Department or Fire Department of the City.

(e) A charge for the services provided herein shall be made to the person, firm or corporation conducting such event in accordance with a standard fee schedule established by the City Administrator.

(f) The Chief of Police or the Chief of the Fire Department shall provide the Finance Director with the name of the person, firm, organization or corporation requesting or requiring such special security personnel, the dates and times between which such services are expected to be required, the number and type of personnel required, and the hours estimated to be required for each. The Finance Director shall determine the amount estimated to cover the charges for such services. This sum shall be deposited with City a sufficient time in advance of said event so as to enable City to arrange and provide the required personnel.

(g) After the conclusion of the event the Fire Chief or Chief of Police shall report to the Finance Director the names of the employees so employed, the category of employment of each employee, and the number of hours of employment of each employee. The Finance Director shall thereupon compute the total charge for such services and shall either make a refund of any unused part of the amount on deposit or shall bill the person, firm or corporation employing such personnel for any deficit, which shall be a debt due to City. (Ord. No. 617)

a Disqualification

A person shall be prima facie disqualified for city employment if he has been convicted of a felony. As used herein, the term "conviction" includes pleas of guilty and nolo contendre. The Personnel Officer is specifically authorized to obtain state summary criminal history record information as provided for in Section 11105 of the Penal Code of the State of California.

b Appeal

An applicant who is thus prima facie disqualified for employment may make an appeal in writing to the City Administrator. The City Administrator shall consider the mitigating factors, such as, but not limited to, evidence of rehabilitation, length of time elapsed since such conviction, the age of the person at the time of the conviction, contributing social or environmental conditions, the nature and seriousness of the conduct, the circumstances surrounding the conduct, the position for which the person is applying and whether the conviction is unrelated to that position. The City Administrator shall render a decision based on the above factors which shall be final and conclusive.

c Peace Officers

Notwithstanding the general appeal rights given applicants in this chapter, applicants for a position as peace officer shall be conclusively disqualified for conviction of a felony and have no rights of appeal.

d Employment Without Reports Not Considered Permanent

No person employed after September 1, 1977 shall be considered to have permanent employment, tenure, or service with the City until a report has been received from both the local law enforcement agency and the Attorney General's Office, and the Personnel Officer has acted pursuant to those reports. (Ord. No. 751, Sec. 1)