HomeMy WebLinkAboutTC Ord 2018-10-03 ORDINANCE NO. 580 N.S.
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF TIBURON
AMENDING MUNICIPAL CODE TITLE I, CHAPTER 3 ("PERSONNEL"),
REGARDING COMPLIANCE WITH STATE LAW AND RECRUITMENT AND
TRAINING OF PEACE OFFICERS
WHEREAS, the Town's Level 1 Reserve Police Officers are considered "non-
designated" and, as a result, they may only carry out peace officer powers during their
designated working hours. Unless this Ordinance is enacted, Level 1 "non-designated" Reserve
Police Officers will be unable to respond to crimes in progress without incurring personal
liability and vicarious liability for the Town;
WHEREAS, by granting the Chief of Police the authority to appoint "designated" Level
1 Reserve Police Officers and effectuate their ability to fully carry out all peace officer powers
twenty-four (24) hours a day, the Town Council will thereby increase police presence within the
Town at no additional cost to the Town;
WHEREAS, the Town Council held a duly noticed public hearing on September 5, 2018,
and has heard and considered all public testimony on the proposed Ordinance;
WHEREAS, the T own Council finds that all notices and procedures required by law
attendant to the adoption of this Ordinance have been followed; and
WHEREAS, the Town Council finds that the amendment action made by this Ordinance
is necessary for the protection of the public health, safety, and welfare.
NOW, THEREFORE, the Town Council of the Town of Tiburon does hereby ordain as
follows:
Section 1. Recitals and Evidence. The above recitations are true and correct. In
making the findings. the "Town Council relied upon and hereby incorporates by reference all staff
reports, presentations, and other documentation presented to the Council in the meeting.
Section 2. Enactment. Title I, Chapter '), Section 3-6 of the Tiburon Municipal
Code is added to read as follows:
3-6 Reserve Police Officer—Designated and Non-Designated.
(a) Subject to the approval of the Town Manager, the Chief of Police has the
authority to select and appoint any reserve police officer within the Reserve Police
Officer I job classification as a"designated" reserve police officer as provided by
California Penal Code Section 830.6(a)(2). The authority of the reserve police officer so
designated includes the full powers and duties of a police officer as provided by Penal
Code Section 830.1.
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(b) Any reserve police officer within the Reserve Police Officer I job
classification not appointed as a `designated" reserve police officer as provided in
subsection (a) of this section is a '`non-designated" reserve police officer as provided in
Penal Code Section 830.6(a)(1). The authority of a non-designated reserve police officer
shall extend only for the duration of the reserve officer's specific assignment.
Section 3. Severability. If any section, subsection, clause, sentence, or phrase of this
Ordinance is for any reason held to be invalid or unconstitutional by a decision of a Court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of the
Ordinance. The Town Council of the Town of Tiburon hereby declares that it would have
passed this Ordinance, any section, subsection, sentence, clause or phrase thereof, irrespective of
the fact that anyone or more sections, subsections, sentences, clauses, or phrases may be declared
invalid or unconstitutional.
Section 4. Effective Date. This Ordinance shall take effect and be in force thirty
(3 0) days after the date of passage, and before the expiration of fifteen (15) days after passage by
the Town Council, a copy of the Ordinance shall be published with the names of the members
voting for and against it at least once in a newspaper of general circulation published in the
Town of Tiburon.
This Ordinance was introduced at a regular meeting of the Town Council of the Town of
Tiburon on September 5, 2018, and was adopted at a regular meeting of the Town Council of the
Town of Tiburon on October 3, 2018, by the following vote:
AYES: COUNCILMEMBERS: Fraser, Fredericks, Kulik, Thier, Welner
NAYS: COUNCILMEMBF,RS: None
ABSENT: COUNCILMEMBERS: None
JIM F AS r R, A ,`OR
Town f iburon
ATTEST:
LEA STE �A I,TOWN CLERK
Town of Tiburon
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