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CI" QF SANBERNARDltb -
REQU'" FOR COUNCIL ACeoN
From: RALPH H. PRINCE
Subject: Off-Duty Police Officers
Secondary Employment
Oept: Ci ty Attorney
Date:
Synopsis of Previous Council action:
No prior Council action.
Recommended motion:
Adopt resolution.
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Contact person:
Benjamin Gonzales
Phone:
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Supporting data attached:
Staff Report
Ward: nl>
FUNDING REQUIREMENTS:
Amount:
nB
Source: n"
Finance: nl>
Council Notes:
75-0262
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Agenda Item No ~/I
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CI"- OF SAN BERNARD'" - REQU'" FOR COUNCIL ACttON
STAFF REPORT
Effective January 1, 1985, the Legislature amended California
Penal Code Section 70 pertaining to off-duty police officers
working for private and public secondary employers. Subject to
various rules and qualifications, the secondary employer of an
off-duty police officer, if a public entity, assumes all criminal
and civil liability arising out of that secondary employment.
Penal Code Section 70(d), however, provides that if the secondary
employer is a private employer, the principal employer, in this
case the City of San Bernardino, would assume that liability in
the absence of an indemnification agreement. The San Bernardino
City Unified School District is a public entity but the
associated student bodies of particular schools, who retain the
services of the off-duty officers, are not part of that public
entity. This agreement would provide that the school district
will be considered the secondary employer for employment of off-
duty officers for purposes of Penal Code Section 70(c), to ensure
that criminal and civil liability arising out of the secondary
employment will be borne by the District.
75-0264
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RESOLUTION NO.
RESOLllTION OF TilE CITY OF SAN BERNARDINO AUTHOP.IZING THE
EXECUTION OF AN AGRE~:MENT WITII TilE SAN BERNARDINO CITY UNIFIED
SCHOOL DISTPICT, RELATING TO EMPLOYMENT OF CITY POLICF OFFIc.Ers
FOP 'fHE I'lJl!POS~~ Of! Pp.OVJDINr; PROTEC.TION AT SCHOO)' EVENTS.
BE IT RJ~SOLVED BY THE MAYOR AND COMMON COUNCIl, OF TilE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The 111lyor is hereby authori.?:ed and oirected to
execute on beha If of said Ci ty an Agreement wi th the San
Bernardino City Unified School District, relating to employment
of City police officers for the purpose of providing protection
at school events, which agreement is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
day of
, 1985, by the following
vote, to wit:
AYES:
Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day cf 1985.
I
I Mayor of the City of San Bernardino
I Approved as to/_~o/7 0
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AGREEMENT
THIS AGREEMENT is entered into on
1985, between the SAN BERNARDINO CITY UNIFIED SCHOOL DISTRICT
(herein "District") and the CITY OF SAN BERNARDINO, a municipal
corporation (herein "City").
WHEREAS, periodically a student body organization of one of
District's schools desires to employ City police officers for the
purpose of providing protection at school events; and
WHEREAS, the parties to this Agreement desire to have such
employment considered employment by District, a public entity,
for purposes of Penal Code, Section 70, subdivision (c), such that
civil and criminal liability resulting from .such employment shall
be borne by the District and not the City,
NOW THEREFORE, the parties agree as follows:
1. District agrees, subject to paragraph 3 herein, that
when a student body organization from one of its schools employs
City police officers for purposes of providing police protection
at a school event, the District shall be considered the secondary
employer for such employment for purposes of Penal Code Section
70, subdivision (c), such that all civil and criminal liability,
including the defense of any action, arising out of the
lemPloyment of such City police officers shall be borne by
IDistrict.
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! 2. City agrees to permit its police officers to be employed
iin accordance with this agreement so long as employment does not
!interfere with the police officers' responsibilities to the City
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3. This agreement shall apply to all employment of City
EXHIBIT "A"
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police officers by student body organizations of District Ichools
which has been approved in writing by the District's
Superintendent or Assistant Superintendent, Administrative
Services, or the designee of either official.
4. For the convenience of the parties, this agreement is
effective and ratified as of the date set forth in the first
paragraph of this agreement.
Dated:
SAN BERNARDINO CITY
UNIFIED SCHOOL DISTRICT
By:
Dated:
CITY OF SAN BERNARDINO
By:
Attest:
City Clerk
Approved as to form:
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