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<br />i^ <br />OFFICE OF THE CITY ATTORNEY <br />OPINION NO. 72-4 <br />APRIL 11, 1972 <br /> <br />SUBJECT: Minimum age for police and fire applicants. <br />REQUESTED BY:~ D.~E. Bott, Director of Personnel <br />OPINION BY: James A. Withers, City Attorney <br />Charles J. Liberto, Deputy City Attorney <br />QUESTION: Must the City of Santa Ana accept applications <br />_ ~ from patrolmen or firemen applicants who. are age <br />18-20, or may applicants below the age of 21 <br />' be rejected soley on the basis of age. <br />CONCLUSION: Applicants for the Santa Ana Police and Fire <br />Department may be rejected soley on the basis of age. <br />ANALYSIS <br />Effective March 4,, 1972, Section 34 Chapter 1748 of California <br />General Laws (AB 288".` amended Section 1031 of the Government Code <br />to provide minimum age of 18 years for members of the class of public <br />^~ officers or employees declared by law to be peace officers. <br />It further specifically provides "This section~shall•not <br />be construed to preclude the adoption of additional or higher standards, <br />including age." <br />There is no question but that policemen of the city are <br />"peace officers." Penal Code Section 830.1. Firemen however are not <br />so cloaked with authority. The term "peace officers" includes only <br />those firemen who are members of an arson investigating unit, regularly <br />employed and paid as such, providing that their primary duties shall <br />be the detection and apprehension of persons who have violated or who <br />are suspected of having violated any fire law. Penal Code Section 830.3. <br />"Peace officers" also includes those members of the fire department <br />other than arson investigators, when acting to enforce laws relating <br />to fire prevention and fire supression. Penal Code Section 830.3(m). <br />Thus Government Code Section 1031 neither imposes a minimum <br />age for those firemen not qualifing as peace officers nor does it grant <br />the city authority to require a higher age than the minimum. However, <br />even though the city charter does not specifically grant the city the <br />power to impose minimum age requirements for its employees, general <br />law specifically grants the city the authority to fix minimum or <br />maximum age limits nor the employment of policemen or firemen. <br />Government Code Section 45054. The State Civil Service Commission is <br />,,i- also specifically allowed to establish minimum and maximum age limits <br />0 <br />