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HomeMy WebLinkAbout58-City Attorney F r CIN OF SAN BBRNARDICO - REQUeJr FOR COUNCIL AC\..bN (Jopl: City Attorney Subject: ORDINANCE TO OBTAIN STATE REIMBURSEMENT FOR TRAINING OF POLICE PUBLIC SAFETY DISPATCHERS From: ,JI'o_MES F. PENMAN Dale: May 4, 1989 C;ynllpm of Previous Council action: Recommended motion: Waive further reading of ordinance and layover for final passage. Diane Catran Roth -9. Signature Contlct penon: _ Phone: 5162 SUPJlortlnll date IUlched: Yes Ward: n/a fUNDING REQUIREMENTS: Amount: Source: (ACCT. NO.) (ACCT. DESCRIPTION) Finance: Council Notel: AnllSnl'l. ItllSm Nn S~ ---~ - - cln OF SAN BERNAR~O - REQU~T FOR COUNCIL AC110N STAFF REPORT This office has been requested by Chief Donald Burnett to draft an amendment to the Municipal Code Chapter 2.36, Police Officer Standards and Training. As of July 21, 1988, the Commission on Peach Officer Standards in Training (P.O.S.T) adopted minimum standards for Public Safety Dispatchers. This came as a result of an amendment to Section 13510 of the California Penal Code, having to do with minimum standards for local law enforcement officers. The amendment concerning Public Safety Dispatchers is an effort to raise the competence of those persons performing that function. The minimum standards for Public Safety Dispatchers, as outlined by the Commission in Bulletin 88-7, are as follows: - A thorough background investigationi - A medical examinationi - An evaluation of oral communication skills, - Satisfactory completion of a POST-Certified, 80-hour Basic Complaint/Dispatcher course within 12 months of the date of hirei and - A minimum 12 months probation. The City has been employing these minimum standards in all previous recruiting and training. The City has also enjoyed the benefit of salary reimbursement for training. While the Commission indicates that the Public Safety Dispatcher Program will be voluntary in nature, continued salary reimbursement is contingent upon a pledge from both the City and the Police Department that the minimum standards set forth in the Penal Code will be adhered to in future training and recruiting. The Commission requests that an ordinance assuring the full cooperation be provided to affirm the City's continued participation in the POST approved program. The ordinance should contain three elements: (1) a declaration of the City's desire to qualify for continued financial aid with regard to trainingi (2) that the Police Department will adhere to the minimum standards established by POSTi and (3) that the Police Department avail agency records concerning recruiting and training to the Commission when such inquiries are deemed necessary to insure adherence to the standards. Attachments - Bulletin 88-7 and 89-2 from the Commis.sion on Peace Officer Standards and Training. If, n,o,.-1 .... ... ....... r ~.'....>, '''' .....# 1 ORDINANCE NO. 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING SECTION 2.36.020 AND ADDING SECTION 2.36.030 TO ACCEPT THE PENAL CODE 3 REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF POLICE PUBLIC SAFETY DISPATCHERS. 4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 5 BERNARDINO DO ORDAIN AS FOLLOWS: 6 7 8 SECTION 1: Section 2.36.020 is amended to read as follows: "2.36.020 Adherence to Standards. 9 Pursuant ,to Section 13522, 13525 and l35l0(c) of said 10 11 12 13 14 Chapter 1, the City, while receiving aid from the State pursuant to said Chapter 1, will adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training. . SECTION 2. Section 2.36.030 is added as follows: 15 1/; "2.36.030 Inquiries by the Commission. Pursuant to Section 13512 of said Chapter 1, the 17 18 Commission and its representatives may make such inquires as 19 deemed appropriate by the Commission to ascertain that the City's public safety dispatcher personnel adhere to standards for selection and training established by the Commission on Peace Officer Standards and Training. I HEREBY CERTIFY that the foregoing ordinance was duly adopted by the Mayor and Common Council of the City of San 20 21 22 23 24 Bernardino at a meeting thereof, held on the , 1989, by the following vote, to 25 26 - ---- day of wit: 27 28 ~ ~ --- DINANC~F THE SECTION 2.36.030 TO THE SELECTION DISPATCHERS CI'lT AMENDING SECT.ror< 2.36.020 AND ADDINC TO ACCEPT THE PENAL CODE REQUIREMENTS RELATINC ANT'TRAINING STANf ~DS OF POLICE PUBLIC SAFE']'. i I , , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members NAYS: ABSENT: ----.-.., City Clerk The foregoing ordinance is hereby approved this day of , 1989. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN City Attorney I 7k - ~ ~ - - - . /"""-. "'..'.... , ". .. .... an~F c;ALIFOIINIA ~1'MINT Of JUlTICI . COMMI.ION ON PEACE OFFICER STANDARDS AND TRAINING .' 1101 ALHAMIIIAIOULlVAIIO SACIIAMlNTO. c;AUPOIINIA _,..1GI:\ - "-" . ,....J GEORGEOEUKMEMAN.~ JOHN K. VAN DE KAMP.A",,- 0-.. August 20, 1988 BULLETIN: 88-7 SUBJECT: IMPLEMENTATION OF THE PUBLIC SAFETY DISPATCHER PROGRAM Penal Code Section 13510 has been amended to require the Commission on Peace Officer Standards and Training (POST) to establish minimum selection and training standards for local public safety dispatchers. The COMIission, following the public hearing on July 21, 1988, adopted standards as part of a voluntary Public Safety Dispatcher Program. The program, described below, will become effective, subject to review and approval of the COMIission's regulatory actions by the Office of Administrative Law, on January 1, 1989. All local agenCies that are now in the POST peace officer program are eligibbe__ to participate in the Public Safety Dispatcher Program. Eligible agencies I will be reimbursed for certain dispatcher training costs only if they P participate in the dispatcher program. In addition, certain consolidated ; dispatch centers operated by a city, county, city and county, districts defined in Penal Code Section 13507, or a district authorized by statute to maintain a police department can also qualify. A specialized program will be available for non-reimbursable state and local agencies. Minimum standards for public safety dispatchers hired after the date an agency joins the program include: o a thorough background investigation: o a medical examination; o an evaluation of oral communication Skills; o satisfactory completion of a POST-certified, SO-hour Basic Complaint/ Dispatcher course within 12 months of the date of hire: and o a miniMUm of 12 months probation. To participate in the Public Safety Dispatcher Program, a city, county, city and county, or qualified district must submit a letter to the Commission requesting participation, accompanied by a copy of an ordinance (or resolution when appropriate) pledging adherence to the standards adopted by the Commission. State agencies that are now not eligible for reimbursement must submit a letter of intent in order to participate in the non-reimbursable program. - - ~ s' >,1' ...... ''''.'~'' ,.".. . - - Penal Code Section 13510(c) limits the pUblic Safety Dispatcher Program to dispatchers having primary responsibility at least 50S of the timel for law enforcement dispatching duties. Therefore, the letter requesting participa- tion in the program must include a statement (based on the agency's records) that 50S or more of the communication center's dispatch time in each pay period is in the per!~rmance of law enforcement dispatching activities. The laws pertaining to public safety dispatchers are provided in Attachment A; Commission Kegulations and Procedures are provided in Attachment B; and a sample ordinance for local reimbursable agencies is provided in Attachment C. Other sample ordinances, resolutions, or letters of intent are available from Compliance and Certificate Services Bureau; questions regarding the Public Safety Dispatcher Program should be directed to Bureau Chief Darrell Stewart, at (916) 739-5377. ~4Mf, ~ 6,'~t NURMAN C. BOEHM Executive Director - .,. . " ...... /""'''- '-' '>. --' Attachment A LAW Penal Code Section 13510 (a) For the purpose of raising the level of competence of local law enforcement officers, the commission shall adopt, and may, fro. time to time amend, rules establishing minimum standards relating to physical, mental, and moral fitness, which shall govern the recruitment of any city police officers, peace officer members of a county sheriff's office, marshals or deputy marshals of a municipal court, reserve officers as defined in subdivision (a) of Section 830.6, policemen of a district authorized by statute to maintain a police department, regularly eDployed and paid inspectors and investigators of a district attorney's office as defined in Section 830.1 who conduct cri.inal investigations, or peace officer members of a district, in any city, county, city and county, or district receiving state aid pursuant to this chapter, and shall adopt, and may, from time to time amend, rules establishing .ini.u. standards for training of city police officers, peace officer IIlllIlbers of .. county sheriff's offices, marshals or deputy marshals of a IllUnicipal court, :.1..:..:- reserve officers as defined in subdivision (a) of Section 830.6, policemen of ,- a district authorized by statute to maintain a police departlent, regularly . ~ .~- employed and paid inspectors and investigators of a district attorney's offt. . as defined in Section 830.1 who conduct criminal investigations, and peace officer MeMbers of a district which shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to. this chapter. . . . (b) .... (c) For the purpose of raising the level of competence of local public safety dispatchers, the commission shall adopt and may, fro. time to time amend, rules establishing minimum standards relating to the recruitment and training of local public'safety dispatchers having a primary responsibility for providing dispatching services for local law enforcement agencies described in Subdivision (a), which standards shall apply to those cities, counties, cities and counties, and districts receiving state aid pursuant to this chapter.... As used in this section, .primary responsibility. refers to the performance of law enforcelent dispatching duties for a minimum of 50 percent of the time worked within ~pay period. Penal Code Section 13525 Any city, county, city and county, or district which desires to receive state aid pursuant to this chapter for the training of regularly employed and paid local public safety dispatchers, as described in subdivision (c) of Section 13~10, shall include that request for aid in its application to the commission pursuant to Section 13522 and 13523. " .t - - - t ... . '- ,,'"'-- '-' ,<-,,, Attachlllent B REGULATIONS. 1001. Definitions (h) "Department" in the Regular Program is a city police department. a county sheriff's department, a regional park district. a district authorized by statute to maintain a police department, the California Highway Patrol, the University of California Police, the California State.University and Colleges Police, marshals departlllents, district attorney offices employing investigators. and Community College District Police; in the Specialized Program "department" is a specialized agency, department, division. branch. bureau, unit, section, office or district that provides investigative or general law enforcement services; and in the Public Safety Dispatcher Program and Specialized Public Safety Dispatcher Program. "depart.-nt" is the governmental entity which provides the dispatch services. ( t) "Full-time Emplo)'llN!nt" as defined by local charter or ordinance; and. 1.- . .~"'<'.'.'.. the employee normally works in excess of 20 hours weekly or 87 ho~ ..' ,....,; monthly; and. the employee is tenured or has a right to due process - -':r in personnel matters; and. the employee is entitled to work.ns .. .',l(i cOlllpensation and retirelllent provisions as are other full-tiE ... 9! employees of the same personnel classification in the deparblent. .Public Safety Dispatcher" is a non-peace officer who is ..,loyed full time or part time to perform duties which include reee;.i, emergency calls for law enforcement service and/or dispatching aw enforcement personnel. (1) NOTE: Present (t) through (z) and (aa) will be relettered. 1003. Notice of Appointment/Termination Whenever a regular, specialized, limited function, or reserve peace officer is newly appointed, enters a department laterally. terminates, or changes peace officer status within the same agency. the department shall notify the C~ission within 30 days of such action on the Notice of Appointment/ Termination Form Z- U4 (Rev ), as prescribed in PAM. Section C-4. "Notice of AppointMent/ Termination." For departments in the Public Safety Dispatcher Programs, the form shall be submitted whenever a person is appointed. prOMOted. reclassified, or transferred to a public safety dispatcher position. or whenever the person is terminated from a public safety dispatcher position. 1006. Extension of Time Limit for Course Completion (al The Commission will grant an extension of time limit for completion of any course required by Section 1005 or 1018 of the Regulations upon presentation of satisfactory evidence by a department that a * The review and approval process by the Office of Administrative Law must ~ completed before the amended Regulations and Procedures take effect. ~ i - . ,.,......... - - ~".#- 1006. Extension of Time Limit for Course Completion (continued) peace officer or dispatcher is unable to complete the required course within the time limit prescribed because of illness, injury, military service, or special duty assignment required and made in the pUblic interest o~-the concerned jurisdiction; or upon presentation of evidence by a department that a peace officer or dispatcher is unable to complete the required course within the time prescribed. Time extensions granted under this sub-section shall not exceed that whIch is reasonable, bearing in mind each individual circumstance. lU10. Eligibility for Participation (a) To be eligible for participation in the POST Program, a jurisdiction or department must adhere to the minimum standards for select ton and training as defined in Regulations 1002, 1005, and 100~, for every peace officer, and for every dispatcher employed by a jurisdiction or department the minimum standards for selection and training as defined in Regulation 1018. The minimum standards for selection and training of peace officers and/or public safety dispatchers shall apply only to Juri~dictions or departments that have pledged to adhere to these standards. (b) A jurisdiction or agency shall be ineligible to participate if it: (1) Employs one or more peace officers or dispatchers who do not meet the minimum standards for employment; or (2) Does not require that every peace officer or dispatcher satisfactorily completes the required training as prescribed in these Regulations; or (3) Has in its employ any Regular Pro~ram peace officer hired after .January 1, 1971, who has not acqulred the Basic Certificate within six months after date of completion of 12 months of satisfactory service from the date first hired as a peace officer, or as otherwise determined by the Commission in PAM, Section F-I-5-ai or ~ , (4) Effective upon entry into the Specialized Law Enforcement Certification Program, has in its employ any specialized peace officer hired thereafter who has not acquired the Basic Certificate within six months after date of completion of 12 .onths of satisfactory service from the date first hired as a peace officer; or (5) Fails to permit the Commission to make such inquiries and in- spection of records as may be necessary to verify claims for reimbursement or to determine whether the jurisdiction or agency department is, in fact, adhering to the Connission's Regulations. (c) ..... -' J ~j'r ~'f,.:r .,,-, ~) - , ~ ....... ....."" 1015. Reimbursements (a) Proportionate Reimbursement Reilbursements to cities, counties~ and districts shall be granted by the C~ission in accoraance with )ection 13523 Penal Code. (1) Marshals' and district attorneys' departments are included in the Regular Program for reimbursement even though individual officers employed by the agencies have retained specialized peace officer classification. (2) A Jurisdiction that employs limited function peace officers may be reimbursed for allowable expenses related to attendance of POST-certified courses. (b) ..... (c) Training Expenses May Be Claimed Only Once When a trainee has attended a course certified by the CORliss ion for which reimbursement has been legally requested and paid, an employing Jurisdiction may not receive reimburselent for subsequent attend~ by the sallll! trainee of the sa_ course except where attendance 01pL- course is authorized to be repeated periodically, such as for ~'~"'_~ SHinars, Advanced Officer Courses. and selected Tedttl1ca 1 CoUrS.c.Ae.: which dea 1 wnh laws. court decisions. procedures. techniques and' - equipment which are subject to rapid development or change. Exceptions or special circulIStances ~st be approYedby the Executive Director.prior to beginning the training course. (d) (e) ..... . . ... (f) Reimbursement may be made to a jurisdiction which terminates a Basic Course trainee. allows a trainee to resign prior to completion of a certified basic course. or if the trainee is unable to. complete a certified basic course due to illness. injury, or other physical or academic deficiency. provided the background investigation requirements have been completed prior to the trainee's appointment date and the date the course began. The remaining reimbursement ~title..nt for those trainees eligible to be re-enrolled. may be .,.lied to any certified basic course which is subsequently attended. (g) Reimburselent may be paid to a jurisdiction when a trainee fails a certified basic course only because of not passing a locally required training subject(s), but the trainee otherwise satisfactorily completes the course. .. .. , - / "-', ....j 1015. Reimbursements (continued) (h) When a peace officer trainee has attended a POST-certified basic course for which reimbursement has been provided, an employing jurisdiction may receive reimbursement for subsequent attendance of a POST-certified basic training course by the same trainee who has a three-year or longer break in service as a peace officer and must be retrained (Section lOO8(b)). (i) ..... 1018. Public Safety Dispatcher Programs (a) The Commission shall establish a Public Safety Dispatcher Program for the purpose of raising the level of competence of public safety dispatchers having primary responsibility for providing dispatching services for local law enforcement agencies listed in subsection (a) of Penal Code Section 13510. (b) Specialized Public Safety Dispatcher Program Any public jurisdiction or agency, other than those described in Penal Code Section 13510(a), which employs public safety dispatcf' s whose primary responsibility is providing dispatch services for -- enforcement personnel, may participate in the Specia Hzed Pub liCe'" ,'. Safety Dispatcher Program. Such participants shall not be eligi ,.' for reimbursement. All rules and procedures, except reimburseMent provisions, that apply to the Public Safety Dispatcher Program shall also apply to the Specialized Public Safety Dispatcher Program. (cl Minimum Selection Standards for Public Safety Dispatchers (1) Every public safety dispatcher shall be subject to the following requirements: , a) b) Background Investigation: A thorough background investigation shall be conducted before hire to verify tne absence of past behavior indicative of unsuitability to perform public safety dispatcher duties. The background investigation shall include a check of Department of Motor Vehicle records, and a search of local, state, and national fingerprint files to disclose any criminal record. Results of the background investigation shall be reduced to writing and retained by the department. Medical Examination: A medical examination shall be conducted before hire to verify the absence of any medical condition which would preclude the safe and efficient performance of dispatcher duties. Signed written verification of the medical examination having been conducted in accordance with this requirement, by a licensed physician and surgeon, shall be retained by th~ department. ~ . '~ - ,e-".", ... - -......j Commission Procedure E-4 4-3. Courses With Maximum Reimbursement Limitations: Subsistence, commuter lunch, and travel allowances wlll be relmbursed up to the date the maximum number of weeks is reached; and salary allowances will be reimbursed up to the maximum number of hours shown for the following courses: Weeks/Hours Weeks/Hours Supervisory Course 2/80 * Basic Course 13/520 Basic Complaint/ Dispatcher Course 2/80 Marshals and Deputy Marshals Basic Training requirement is a combination of: * Basic Course and 9.65/386 Bailiff and Civil Process Course 2/80 Advanced Officer Course 1/40 Executive Development Course 2/80 Management Course 2/80 District Attorney Inspectors or Investigators Basic Training requirement is a combination of: * Basic Course, and 8.55/342 Investigation and Trial Preparation Course 2/80 Management, Supervisory, Executive Seminars 1/40 I' ~ -t:-- , Commission Procedure 0-1 1-7 Basic Complaint/Dispatcher Course. The Basic Complaint/Dispatcher Course contains the following Functional Areas and minimum hours. This course provides instruction regarding entry-level skills and knowledge to personnel whose duties include receiving emergency calls for services and dispatching law enforcement personnel. With prior POST approval, flexibility shall be granted to adjust hours between functional areas. Functional Areas: 1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 9.0 10.0 Professional Orientation Administration of Justice Lega 1 Aspects Telephone Procedures Radio Procedures Dispatch Practicals (Role-play exercise) Stress Management Telecommunications Basic Emergency Medical Services Dispatching Unusual Incidents ( 4 hours) ( 4 Hours) (16 Hours) (10 Hours) (10 Hours) (12 Hours) ( 6 Hours) ( 6 Hours) ( 4 Hours) ( 6 Hours) ( 2 Hours) (80 Hours) Examinations Total Minimum Required Hours , .,E.-""" ~ . - ~ --' Oral Communications: Oral communication skills shall be evaluated before hire to assure the presence of skill levels ComMensurate with the performance of dispatcher duties. c) (d) . MinilllUlll training standards for public safety dispatchers (1) Every public safety dispatcher shall satisfactorily complete the POST-certified Basic Complaint/Dispatcher Course as set forth in PAM. Section 0-1-7 before or within 12 months after the date of appointment. promotion. reclassification. or transfer to a public safety dispatcher position. (e) Probation Period (1) Every public safety dispatcher after hire shall demonstrate competence in the performance of the duties of a public safety dispatcher by satisfactory completion of a probationary period of at least 12 months. Upon entry into the progra_. departments with a probation period of less than 12 MOnths. when established by ordinance. charter. or meMOrandum of understanding. shall be granted a waiver of this requirement until a 12-month probation period can be established. ,~~ {,., i .. ... - -- , . - -,,",,"" Procedures Commission Procedure E-l 1-4. General Requirements: General requirements relating to reimbursement are as fo 11 ows: . . 6. Non-sworn persons performing police tasks who are to be assigned or are assigned to the following job classes are eligible, without prior approval from POST, to attend training courses, as provided by Regulation Section 1014, that are specific to their assignments. Job descriptions shall be used to determine those positions eligible: Administrative Positions Criminalist COmMUnity Service Officc~ Evidence Technician Fingerprint Technician Identification Technician Jailer and Matron Parking Control Officer Polygraph Examiner Records Clerk Records Supervisor School Resource Officer Traffic Director and Control Officer f - ; 7. Reimbursement for training which is not specific to one of the job classes enumerated in the above paragraph, must be approved by the Commission on an individual basis prior to the beginning of the course, providing such information as specified in Section 1014 of the Regulations. 8. A full-time public safety dispatcher, as defined in Regulation 100I( 1) and (t), who is employed by a department or jurisdiction authorized to participate in the Public Safety Dispatcher Program by statute, and which is participating, may attend the POST-certified Basic Complaint/Dispatcher Course required by Regulation 1018, and the jurisdiction may be reimbursed for allowable training expenses up to the maximum hours listed in PAM E-4-3. Eligible public safety dispatchers, as specified above, without prior approval from POST may attend POST-certified seminars and technical courses which are specific to their assignments, and the jurisdiction may be reimbursed. If such seminars and courses are not specific to their assignments, reimbursement must be approved by the Co.-ission prior to attendance of the course. Training expenses shall be reimbursed only for full-time employees as defined in Regulation 1001(1). ~ ~ ,- ~""1n111" .....,; V. ~... ':'~"''''NACE''''',,*.'''__TlW_ _ ALM-,-A IOULlYAIlO J.t;f'" I m:. -.r-'.IIRIIIA _'''lGG -- ~~.,. -~--'.. ..... - GIlGRGa o.YlClla.aM. i _0" JQMN IC..'V__~. ~_ _p-" - February 7, 1989 BULLETIN I 89- 2 SUBJECT I EXTENSION OF DATE FOR DISPATCHER TRAINING REIMBURSEMENT The Commission at its meeting on January 19, 1989, extended to July 1, 1989, the date to which POST will reimburse for dispatcher training to law enforcement agencies that have not enrolled in the new POST Public Safety Dispatcher prograa. Law Enforcement agencies have been training dispatchers and ~ receiving POST reimbursement for many years. Because of the . _. -.. enactment of P.C. 13510(c) and 13525, the Commission must lia reimbursements for dispatcher training in the new prograa to agencies that have submitted specific dispatcher program . participation agreements. . The Public Safety Dispatcher Program was implemented on January 1, 1989, but the Commission has extended reimbursement to July 1, 1989, for all currently eligible law enforcement agencies that send dispatchers to courses starting prior to that date. After that date, reimbursement will only be available, for basic and inservice dispatcher training, to agencies that are enrolled in the Public Safety Dispatcher Program. ~eimbursement on the Basic Complaint/Dispatcher Course will be Plan II, with salary calculated at the percentage reimbursed for a peace officer's basic training course. Inservice courses will be reimbursed as any Plan IV technical course. A summary of the POST Public Safety Dispatcher Program, the Regulations and Procedures, and a sample ordinance was distriited as Bulletin RR-7, dated August 20, 1988. A c1ari n~jrticle also appeared in the December 1988 issue of POSTSc pts. Additional copies of the bulletin, or any information regarding the program, may be obtained from the Compliance and Certificate Services Bureau at (916) 739-5377. ~(~ NORMAN C. BOEIfg Executive Director