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HomeMy WebLinkAboutNS-2834 - Creating the Classification Title of Police Commissioner and Designating the Classificaiton as Police Officer...ORDINANCE NO. NS-2834 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SANTA ANA CREATING THE CLASSIFICATION TITLE OF POLICE COMMISSIONER AND DESIGNATING THE CLASSIFICATION AS THAT OF A PEACE OFFICER PURSUANT TO PENAL CODE SECTION 830.6(a)(2). THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of the City of Santa Ana hereby finds, determines and declares as follows: A. Section 700 of the Charter of the City of Santa Ana provides that the City Council may establish by ordinance the number, titles, qualifications, powers, duties, and compensation of all officers and employees of the City. B. The City's public safety operations frequently work in conjunction with and perform operations with various regional, state and federal agencies and special law enforcement task forces. Such agencies include, but are not limited to the Federal Bureau of Investigations, the Bureau of Alcohol, Tobacco and Firearms, Homeland Security, the Drug Enforcement Agency, United States Immigration and Customs Enforcement Agency, the Bureau of Narcotics Enforcement, the United States Attorney General and the California Bureau of Investigations. C. As part of its overall governance of the City of Santa Ana the City Council finds that it must be informed of the ongoing nature of the above- referenced operations. Further, the Council believes that additional management support should be provided to the joint law enforcement operations as set forth above. Additionally, the Council finds that it is vital to the ongoing operations of the public safety operations of the City that the current relationships with the above-referenced state and federal agencies be maintained and enforced. D. The City Council believes that the goals of maintaining and strengthening these ongoing joint operations and relationships, and the prevention and detection of crime and the enforcement of the laws of this state would be furthered by the addition of a Police Commissioner position within the office of the City Manager. The City Council further finds that due to the nature of the law enforcement activities involved, the position of Police Ordinance No. NS-2834 Page 1 of 4 Commissioner should be designated as one having full peace officer powers under Penal Code section 830.6(a) (2). E. The Request for Council Action for this ordinance dated June 4, 2012, shall by this reference be incorporated herein, and together with this ordinance, any amendments or supplements and the oral testimony before the City Council at this meeting, shall additionally constitute the necessary findings for this ordinance. F. All provisions of the Santa Ana Municipal Code which are repeated herein are repeated solely in order to comply with the provisions of Section 418 of the City Charter. Any such restatement of existing provisions of the Code is not intended, nor shall it be interpreted, as constituting a new action or decision of the City Council, but rather such provisions are repeated for tracking purposes only in conformance with the Charter. Section 2. Role and qualifications of the Police Commissioner classification are as follows: A. It shall be the responsibility of the Police Commissioner to assist in maintaining and strengthening the relationship between the City, and in particular its police department, and the regional, state and federal agencies, departments, bureaus and task forces with which it currently operates, and further, to encourage new relationships with additional public safety related agencies, departments and bureaus. The Police Commissioner shall assist the City, and in particular the police department, in ongoing law enforcement operations in conjunction with the outside agencies and departments, local, regional, state and federal, in the prevention and detection of crime and the general enforcement of the laws of this state. B. The Police Commissioner shall act as the principal representative of the City in relation to outside regional, state and federal agencies, subject to his delegation of duties as may be necessary and appropriate. The position of Police Commissioner shall be assigned to the Department of the City Manager. C. The City Council may appoint an officer of the City in the classification of City Manager as Police Commissioner and said appointment will be served in conjunction therewith and the combined duties performed therein. In such occurrence, the appointee shall serve as Police Commissioner without additional compensation from that received as an officer of the City in the classification City Manager. D. The appointed classification of Police Commissioner shall require qualifications including a law enforcement background and experience in upper level municipal and law enforcement organization management. The Police Commissioner must also be eligible for, and in fact be appointed as a reserve police officer of the City under the provisions of California Penal code section 830.6(a)(2). Ordinance No. NS-2834 Page 2 of 4 Other than as identified above, the compensation for the position of Police Commissioner shall be provided for by Resolution of the City Council. The Police Commissioner shall be appointed by a majority of the City Council. Section 3. Peace Officer Status. Pursuant to the provisions of California Penal Code section 830.6(a)(2), a qualified person appointed as a reserve police officer with the City who occupies the position of Police Commissioner shall be deemed to be a peace officer with all or the powers and duties as afforded under said Penal Code section. Section 4. Duration. This ordinance shall remain in effect for a period of five years from the adoption date, and as of that date is repealed unless a City Council adopts a further ordinance of resolution to extend or delete that sunset date. Section 5. Ordinance to Operate Exclusively. Except as set forth in this ordinance, all other provisions of the Code shall remain in full force and effect. Section 6. Severability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of Santa Ana hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, or portions be declared invalid or unconstitutional. ADOPTED this 18th day of June, 2012. Ordinance No. NS-2834 Page 3 of 4 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney B;Chief h traka Assistant City Attorney AYES: COUNCILMEMBERS Alavarez Bustamante, Martinez, Pulido, Sarmiento Tinaiero (6) NOES: COUNCILMEMBERS None (0) ABSTAIN: COUNCILMEMBERS None (0) NOT PRESENT: COUNCILMEMBERS Benavides (1) CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS-2835 to be the original ordinance adopted by the City Council of the City of Santa Ana on June 18, 2012, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: s Maria D. Huizar Clerk of the Council City of Santa Ana Ordinance No. NS-2834 Page 4 of 4