HomeMy WebLinkAboutAgenda Report - October 5, 1988C 0 N C I L C 0 M M U N I C A T_ 0 N
TO: THE CITY COUNCIL
FROM: THE CITY MANAGER'S OFFICE
COUNCIL MEETING DATE:
OCTOBER 5, 1988
SUBJECT: ADOPTION OF ORDINANCE NO. 1435 - AN ORDINANCE OF THE LODI CITY COUNCIL ACCEPTING
THE PENAL CODE REQUIREMENTS RELATING TO THE SELECTION AND TRAINING STANDARDS OF
PUBLIC SAFETY DISPATCHERS
Ordinance No. 1435 - "An Ordinance of the Lodi City Council Accepting the Penal Code
Requirements Relating to the Selection and Training Standards of Public Safety Dispatchers"
was introduced at the adjourned regular meeting of September 28, 1988.
Pursuant .to State Statute, ordinances may be adopted five days after their introduction
following reading by title.
This Ordinance has been approved as to form by the City Attorney.
RECOMMENDED ACTION: Following reading by title, it would be appropriate for the Lodi City
Council to adopt Ordinance No. 1435.
Alice M. Reimche
City Cler"
AMR:jj
ORDINANCE NO. 1435
AN ORDINANCE OF THE LODI CITY COUNCIL
ACCEPTING THE PENAL CODE REQUIREMENTS RELATING TO
THE SELECTION AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHERS
IT IS ORDAINED BY THE LODI CITY COUNCIL AS FOLLOWS:
SECTION 1. The City of Lodi declares that it desires to qualify to
receive aid from the State of California under the provisions of
Section 13522, Chapter 1, of Title 4, Part 4, of the California Penal
Code.
SECTION 2. Pursuant to Section 13510(c), Chapter 1, the City of Lodi
will adhere to standards for recruitment and training established by
the California Commission on Peace Officer Standards and Training
(POST).
SECTION 3. Pursuant to Section 13512, Chapter 1, the Commission and
its representatives may make such inquiries as deemed appropriate by
the Commission to ascertain that the City of Lodi's public safety
dispatcher personnel adhere to standards for selection and training
established by the Commission on Peace Officer Standards and Training.
Approved this 5�h day of October, 1988
Mayor
Attest:
Q&I'VLA-O
ALICE M. REIMCHE
City Clerk
./PWERTGN, JR.
State of California
County of San Joaquin, ss.
I, Alice M. Reimche, City Clerk of the City of Lodi, do hereby certify
that Ordinance No. 1435 was introduced at an adjourned regular meeting
of the City Council of the City of Lodi held September 28, 1988 and was
thereafter passed, adopted and ordered to print at an adjourned regular
meeting of said Council held October 5, 1988 by the following vote:
Ayes: Council Members - Hinchman, Reid, Snider and
Pinkerton (Mayor)
Noes:
Council
Members
- None
Absent:
Council
Members
- Olson
Abstain:
Council
Members
- None
I further certify that Ordinance No. 1435 was approved and signed by
the Mayor on the date of its passage and the same has been published
pursuant to law.
& k)� - &xzk-
ALICE M. KEIMCHE
City Clerk
Approved as to Form
BOBBY W. MCNATT
City Attorney
STATE Cir' CALIFORNIA GEORGE DEUKMEJIAN. Governor
CEPARTMENT OF JUSTICE JOHN K. VAN OE KAMP, Attorney Genera!
COMMISSION ON PEACE OFFICER STANDARDS AND TRAINING
1601 ALHAMBRA BOULEVARD
SACRAMENTO, CALIFORNIA 95816.7083
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 Commission,
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 Commission'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 eligible
to participate in the Public Safety Dispatcher Program. Eligible agencies
will be reimbursed for certain dispatcher training costs only if they
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, 80 -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.
Penal Code Section 13510(c) limits the Public Safety Dispatcher Program to
dispatchers having primary responsibility (at least 50% of the time) 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 50% or more of the communication center's dispatch time in each pay
period is in the performance of law enforcement dispatching activities.
The laws pertaining to public safety dispatchers are provided in Attachment A;
Commission Regulations 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.
1
NORMAN C. BOEHM
Executive Director
LAW
Pen31 Code Section 13510
Attachment A
(a' For the purpose of raising the level of competence of local law
enforcement officers, the commission shall adopt, and may, from tinge 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 employed and paid inspectors and investigators of
a district attorney's office as defined in Section 830.1 who conduct criminal
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 minimum
standards for training of city police officers, peace officer members of
county sheriff's offices, 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
employed and paid inspectors and investigators of a district attorney's office
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, from time to time amend,
riles 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 enforcement dispatching duties for a minimum of 50 percent of the time
worked within a 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
13510, shall include that request for aid in its application to the commission
pursuant to Section 13522 and 13523.
REGULATI ONS*
1001. Definitions
Attachment B
(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 departments, 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, "department" is the
governmental entity which provides the dispatch services.
(i) "Full-time Employment" as defined by local charter or ordinance; and,
the employee normally works in excess of 20 hours weekly or 87 hours
monthly; and, the employee is tenured or has a right to due process
in personnel matters; and, the employee is entitled to workmans
compensation and retirement provisions as are other full-time
employees of the same personnel classification in the department.
(t) "Public Safety Dispatcher" is a non -peace officer who is employed
full time or part time to perform duties which include receiving
emergency calls for law enforcement service and/or dispatching law
enforcement personnel.
NOTE: Present (t) through (z) and (aa) will be reiettered.
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
Commission within 30 days of such action on the Notice of Appointment/
Termination Form 2-114 (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
(a) 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
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 of the concerned jurisdiction; or upon presentation of
evidence by a lepartment 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.
1U10. Eligibility for Participation
(a) To be eligible for participation in the POST Program, a jurisdiction
or department must adhere to the minimum standards for selection.and
training as defined in Regulations 1002, 1005, and 1009, for every
peace officer, and for every dispatcher employed by a jurisdiction or
deoartment the minimum standards for selection and training as
defined in Regulation 1016. The minimum standards for selection and
training of peace officers and/or public safety dispatchers shall
apply only to jurisdictions or departments that have pledged to
adhere to these standards.
(b) A jurisdiction or agency shall be ineligible to participate if it:
fl) 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 Program peace officer hired after
January 1, 1971, who has riot acquired 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 PAI.1,
Section F -1-5-a; 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
months 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 Commission`s Regulations.
(c) .....
1015. Reimbursements
(a) Proportionate Reimbursement
Reimbursements to cities, counties, and districts shall be granted by
the Commission in accordance with Section 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 Commission for
which reimbursement has been legally requested and paid, an employing
jurisdiction may not receive reimbursement for subsequent attendance
by the same trainee of the same course except where attendance of the
course is authorized to be repeated periodically, such as for
Seminars, Advanced Officer Courses, and selected Technical Courses
which deal with laws, court decisions, procedures, techniques and
equipment which are.subject to rapid development or change.
Exceptions or special circumstances must be approved by 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
entitlement for those trainees eligible to be re -enrolled, may be
applied to any certified basic course which is subsequently attended.
(g) Reimbursement 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.
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 longe• break in service as a peace cfficer and must be
retrained (Section 1008(b)).
( i) .....
1018. Public Safety Dispatcher Programs
(a) The Commission shall establish a Public Safety Dispatcher Pro jram 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 it,
Penal Code Section 13510(a), which employs public safety dispatchers
whose primary responsibility is providing dispatch services for law
enforcement personnel, may participate in the Specialized Public
Safety Dispatcher Program. Such participants shall not be eligible
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.
(c) Minimum Selection Standards for Public Safety Dispatchers
(T} Every public safety dispatcher shall be subject to the following
requirements:
a) Background Investigation: A thorough background
investigation shall be conducted before hire to verify the
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.
b) 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. Siqned 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.
c} Oral Communications: Oral communication skills shall be
evaluated before hire to assure the presence of skill
levels commensurate with the performance of dispatcher
duties.
(d) Minimum 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 D-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 program, 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.
Procedures
Commission Procedure E-1
1-4. General Requirements: General requirements relating to reimbursement
are as F oT ws:
E,. Non -sworn persons performing police tasks who are to be assi;ned
or are assigned to the following job classes are eligible,
without prior approval from POST, to attend training courses, os
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 Officer
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
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 be.iinninq
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
1001(l) 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 Commissior►
prior to attendance of the course. Training expenses shall be
reimbursed only for full-time employees as defined in Regulation
1001(1).
Cop,mission Procedure E-4
4-3. Courses ;ith Maximum Reimbursement Limitations: Subsistence, commuter
punch, and tr vei a I o.!ances wi e rein urse3 up to the date the maximum
number of weeks is reached; and salary allowances will be reimbursed up to thr.
maximum number of nours shown for the following courses:
;leeks/Hours
* Basic Course
13/520
Basic Complaint/ -
Dispatcher Course
2/80
i•Iarshals and Deputy
Marshals Basi.: Training
requirement is a
combination of:
* Basic Course and
9.65/386
Bailiff and Civil
Process 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
Commission Procedure D -i
Weeks/Hours
Supervisory Course 2/80
Advanced Officer Course
Executive Development
Course
Management Course
Management, Supervisory,
Executive Seminars
1/40
2/80
2/80
1/40
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 emergencycalls for services and dispatching
law enforcement personnel. With prior POST approval, flexibility shall be
granted to adjust hours between functional areas.
f- urict:ional Areas:
1.0 Professional Orientation
2.0 Administration of Justice
3.0 Legal Aspects
4.0 Telephone Procedures
5.0 Radio Procedures
6.0 Dispatch Practicals (Role-play exercise)
7.0 Stress Management
8.0 Telecommunications
9.0 Basic Emergency Medical Services Dispatching
10.0 Unusual Incidents
Examinations
Total Minimum Required Hours
4 hours)
4 Hours)
16 Hours)
10 Hours)
'10 Hours)
12 Hours)
6 Hours)
6 Hours)
4 Hours)
6 Hours)
( 2 Hours)
(80 Hours)
Attachment C
State of California
Commission on Peace Officer Standards and Training
SAMPLE ORDINANCE*
AN ORDINANCE ,A -PTING THE PENAL CODE REQUIREPENTS RELATING TO THE SELE.CTIUt:
AND TRAINING STANDARDS OF PUBLIC SAFETY DISPATCHES
Section 1. The (cit /county) declares that it desires to
qualify to receive aid from the State ot Lalitornia under the provisions of
Section 13522, Chapter 1, of Title 4, Part 4, of the California Penal Code.
Section 2. Pursuant to Section 13510(c), Chapter 1, the (Agency)
will adhere to standards for recuitment and training established by the
California Commission on Peace Officer Standards and Training (POST).
Section 3. Pursuant to Section 13512, Chapter 1, the Commission and its
representatives may make such inquiries as deemed appropriate by the
Commission to ascertain that the (Agency's) public safety dispatcher
personnel adhere to standards for selection and training established by the
Commission on Peace Officer Standards and Training.
(Certification)
*U,se for Citv and County Aqencies Onl
Police Departments
Sheriff's Department
Marshals
District Attorney
3842C/476