BILL ANALYSIS Ó
AB 128
Page 1
Date of Hearing: April 10, 2013
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mike Gatto, Chair
AB 128 (Bradford) - As Introduced: January 15, 2013
Policy Committee: Public
SafetyVote: 6-0
Urgency: No State Mandated Local Program:
No Reimbursable:
SUMMARY
This bill places Los Angeles World Airports (LAWA) peace
officers within an enhanced category of peace officers (Penal
Code 830.1, rather than 830.33) whose authority extends to any
place within California without restrictions on arrest powers or
the right to be armed. This bill declares a special law is
necessary and that a general law is not applicable due to the
special circumstances at L.A. International Airport.
(PC 830.33 status - Bay Area Rapid Transit police, harbor or
port police other than San Diego and L.A., transit, airport or
railroad police - generally limits authority to any place in the
state only for the purpose of performing their primary duties,
and requires firearm authorization from the employing entity. PC
830.1 officers are generally city police and county sheriffs'
department officers, as well as L.A. and San Diego harbor and
port police.)
FISCAL EFFECT
Unknown ongoing special fund costs, potentially in excess of
$150,000, to the extent the proposed upgrade in peace officer
category results in state reimbursement from the Commission on
Peace Officer Standards and Training (POST) to LAWA for
special/enhanced tactical training, which qualifies for partial
POST reimbursement (Peace Officers Training Fund).
While all LAWAPD officers met full POST training standards, and
while selection and training standards for both entities are
virtually identical, it is the enhanced duties and authority of
PC 830.1 status that creates the potential for additional POST
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reimbursement. POST reimbursement varies depending on
circumstances, but ranges from travel and per diem, to
backfilling the employing agency. For example, the specialized
training in the following areas would be required for at least
some officers:
Detective training related to major crimes.
Firearm seizure.
Explosives; bomb squad.
Special Weapons and Training (SWAT) teams.
COMMENTS
1)Rationale . The author references a 2005 Commission on Peace
Officers Standards and Training (POST) study that recommended
LAWA officers be granted PC 830.1 status.
According to the author, "Currently, LAWA Police Officers are
to perform their duties under Penal Code 830.33. Since 9/11,
stricter security measures have been employed in airports
around the nation to ensure the security of travelers,
airports and cities alike. However, LAX is in a very unique
situation since it handles approximately 65 million people
annually. It is the 3rd largest airport in the world in terms
of passenger volume and deemed as one of the state's top
terrorist targets.
"Although LAWA peace officers receive the same level of police
academy training as LAPD, in addition to aviation security
training, they are not given the statutory authority to
undertake specific actions in certain scenarios. LAWA peace
officers are the first responders to the scene of any dispute,
accident, or incident arising in its jurisdiction.
Disappointingly, if say a domestic dispute arises in the
Manchester area, a LAWA peace officer does not have the legal
authority to seize firearms or other deadly weapons at the
scene of the argument. Additionally, existing law does not
allow LAWA police to perform many operations considered vital
to the continual protection and function of the airports."
2)POST Feasibility Study . POST conducts feasibility studies
when a change of peace officer designation is requested.
Almost a decade ago LAWA requested a change from Penal Code
Section 830.33 to Penal Code Section 830.1. POST completed
its study on June 1, 2005 and recommended LAWA police officers
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be designated Penal Code 830.1 peace officers. The report
cited duties requiring the additional Penal Code Section 830
authority, including the need to:
a) Possess explosives for training canines for bomb
detection.
b) Seize explosives and incendiary devices, including
unclassified explosives.
c) Possess diversionary devices to immediately control
airport incidents.
d) Conduct background investigations on specified airport
workers.
e) Seize deadly weapons at the scene of domestic violence
calls.
f) Prevention of gridlock on roads leading to and from
airports.
g) Prevention, enforcement and investigation of laws
regarding false bomb reports.
3)The somewhat contentious history between LAPD and LAWAPD
factions continues .
LAWAPD has about 1,050 employees, including about 420 peace
officers. It appears to be the largest airport PD in the
nation. LAPD has about 13,000 employees, including about
10,000 peace officers. It is the third largest PD in the
nation, behind NYC and Chicago.
Several attempts have been made to merge LAWAPD into the LAPD
in the past 40 years, with dueling pro-merger studies and
anti-merger studies. Most recently, a 2005 merger ballot
proposal was defeated, following release of a city-sponsored
report by CTI Consulting, which recommended against a merger.
In 2011, The Report of the Mayor's Blue Ribbon Commission on
Airport Security made almost 200 recommendations, none
specifically endorsing or opposing a merger or a change in
peace officer status.
Pro and anti-merger discussions continue in various quarters.
A 2012 report on terrorist response capability in the L.A.
region authored by Brian Jenkins, a Senior Advisor to the
President of the RAND Corporation, recommends the LAWAPD be
assimilated in to the LAPD.
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Jenkins notes, "Turf wars among police departments are not
uncommon. The tensions between the LAWAPD and the LAPD are
inherent in the differing organizational cultures of the two
departments. The differences may be exacerbated by the
LAWAPD's resentment of what it perceives as the LAPD's
dismissive attitude toward the LAWAPD and by fear of ultimate
absorption by the much larger LAPD - not surprising, given
repeated attempts to take over the LAWAPD."
Jenkins acknowledges his assimilation recommendation is
"hardly a new idea and it has failed before due to a variety
of reasons unconnected with organizational logic."
4)Should the Legislature await LAPD/LAWAPD merger direction from
the new mayor
and another potential city-wide ballot measure before deciding
whether a change of peace officer status for the existing
LAWAPD is necessary or desirable?
5)Support. Proponents, including the Peace Officers Research
Association of California (PORAC), and the LAWAPD Chief and
officers' union generally cite the POST study rationale.
According to LAWAPD Chief Patrick Gannon, "In this post-911
era, California law enforcement/public safety agencies have
developed powerful partnerships based on the premise that not
one agency can do it alone. These partnerships have lowered
crime and enhanced our abilities to respond to emergencies
quicker and more efficiently. To further enhance these
partnerships, it is important to insure that our LA Airport
Police officers be granted the authority that comes by being
reclassified under PC 830.1."
6)Opposition. Opponents, including the L.A. Police Protective
League (PPL) and the Riverside Sheriffs' Association, cite
cost and potential consolidation concerns. The LAPPL states,
"Passage of AB 128 will make consolidation more difficult to
achieve. The City of LA has ONE (sic) primary law enforcement
agency responsible for policing the City's 470 square miles.
Altering that structure would have a negative impact on public
safety. In the final analysis, the ONLY (sic) support
recommending that the LAWA Police become 830.1 officers with
statewide jurisdiction is the outdated 2005 POST Report?
"AB 128 is premature in creating a "special statute" for the
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City of LA. The LAPPL
maintains this issue should be legislatively considered ONLY
AFTER (sic) the City of LA has
considered and made its policy decisions regarding public safety
and security at LAX."
7)Previous Legislation .
a) AB 2137 (Bradford), 2012, identical to this bill, was
held on this committee's Suspense File.
b) AB 1377 (Butler), 2011, similar to this bill, was held
on this committee's Suspense File.
c) AB 1882 (Frommer), 2006, similar to this bill, was held
in Senate Public Safety.
Analysis Prepared by : Geoff Long / APPR. / (916)
319-2081