BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:  June 29, 2016


                       ASSEMBLY COMMITTEE ON LOCAL GOVERNMENT


                           Susan Talamantes Eggman, Chair


          SB  
          872 (Hall) - As Amended May 19, 2016


          SENATE VOTE:  38-0


          SUBJECT:  Local law enforcement:  supplemental services


          SUMMARY:  Allows counties or cities to provide supplemental law  
          enforcement services to private schools, colleges or  
          universities.  Specifically, this bill:  


          1)Allows the board of supervisors (board) of any county to  
            contract on behalf of the sheriff of that county, and the  
            legislative body of any city to contract on behalf of the  
            chief of police of that city, to provide supplemental law  
            enforcement services to private schools, private colleges, or  
            private universities on an occasional or ongoing basis.


          2)Allows these services to be rendered by any category of peace  
            officer, including reserve peace officers, who are authorized  
            to exercise the powers of a peace officer, as specified, upon  
            mutual agreement between the provider and the private school,  
            private college, or private university.










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          3)Applies to these contracts existing provisions of law  
            governing supplemental law enforcement services that counties  
            and cities may provide to other private individuals and  
            entities.


          4)Provides that nothing in this bill shall prevent a University  
            of California (UC) or California State University (CSU) police  
            department that has been certified by the Commission on Peace  
            Officer Standards and Training (Commission), as specified,  
            from entering into agreements with private schools, private  
            colleges, or private universities to provide law enforcement  
            services.


          EXISTING LAW:  


          1)Allows a county board to contract on behalf of the sheriff of  
            that county, and the legislative body of a city to contract on  
            behalf of the chief of police of that city, to provide  
            supplemental law enforcement services to the following private  
            entities for the following purposes:



             a)   Private individuals or private entities to preserve the  
               peace at special events or occurrences that happen on an  
               occasional basis;



             b)   Private nonprofit corporations that are recipients of  
               federal, state, county, or local government low-income  
               housing funds or grants to preserve the peace on an ongoing  
               basis; and,











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             c)   Private entities at critical facilities on an occasional  
               or ongoing basis.  A "critical facility" means any  
               building, structure, or complex that, in the event of a  
               disaster, poses a threat to public safety, including, but  
               not limited to, airports, oil refineries, and nuclear and  
               conventional fuel power plants.
          2)Requires these contracts to provide for full reimbursement to  
            the county or city of the actual costs of providing those  
            services, as determined by the county auditor or  
            auditor-controller, or by the city.



          3)Generally requires services provided pursuant to these  
            contracts to be rendered by regularly appointed full-time  
            peace officers, as specified.  However, services provided in  
            connection with special events or occurrences that happen on  
            an occasional basis may be rendered by Level I reserve peace  
            officers who are authorized to exercise the powers of a peace  
            officer, as specified, if there are no regularly appointed  
            full-time peace officers available to fill the positions as  
            required in the contract.



          4)Requires peace officer rates of pay under these contracts to  
            be governed by a memorandum of understanding (MOU).



          5)Requires these contracts to encompass only law enforcement  
            duties and not services authorized to be provided by a private  
            patrol operator, as defined.



          6)Prohibits these contracts from reducing the normal and regular  
            ongoing service that the county, agency of the county, or city  
            otherwise would provide.








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          7)Requires, prior to contracting for these services, the board  
            or legislative body to discuss the contract and the  
            requirements governing it at a duly noticed public hearing. 



          8)Allows the UC and the CSU to create their own police  
            departments, designates employees of those departments as  
            peace officers, and generally limits their authority to  
            headquarters and campuses, including a one-mile radius of  
            headquarters and campuses; other properties of each  
            institution; and, any area of the state, provided that the  
            primary duty of the peace officer is the enforcement of the  
            law in the aforementioned areas.



          9)Creates the Commission to develop regulations and professional  
            standards for the operation of law enforcement agencies, which  
            shall serve as a basis for the uniform operation of law  
            enforcement agencies throughout the state to best serve the  
            interests of the people of this state.



          10)Defines categories of peace officers with varying levels of  
            authority, duties, supervision and training.



          FISCAL EFFECT:  None


          COMMENTS:  










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          1)Bill Summary.  This bill allows counties or cities to provide  
            supplemental law enforcement services to private schools,  
            colleges or universities on an occasional or ongoing basis.   
            These services can be rendered by any category of peace  
            officer, including reserve peace officers, who are authorized  
            to exercise the powers of a peace officer, upon mutual  
            agreement between the provider and the private school,  
            college, or university.



            Before entering into a contract, a county board or a city  
            legislative body must discuss the contract and the  
            requirements that govern it at a duly noticed public hearing.   
            The bill specifies that it does not prevent a UC or CSU police  
            department that has been certified by the Commission from  
            entering into agreements with private schools, colleges, or  
            universities to provide law enforcement services.


            These contracts would generally have to abide by the  
            requirements for supplemental law enforcement services that  
            existing law allows counties and cities to provide to a  
            limited set of private individuals and entities.  This bill is  
            sponsored by the Los Angeles County Sheriff's Department.


          2)Author's Statement.  According to the author, "Schools,  
            colleges and universities throughout the United States have  
            seen a tragic increase in acts of violence and domestic  
            terrorism on campus.  In 2015 alone, there were 23 shootings  
            on college campuses across the country that caused the deaths  
            of 17 people and injured another 27.  In response to these  
            tragic events, some individuals have irresponsibly suggested  
            that schools should arm faculty or administrative staff with  
            guns as a line of defense on campus.  Going even further,  
            there has been a suggestion that students on college campuses  
            should be allowed to openly carry loaded weapons.  Such  
            reckless decisions fly in the face of the intent of  








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            California's Gun Free School Zones and would only make school  
            campuses less safe by increasing the number of firearms in the  
            hands of untrained and unprepared individuals.



            "SB 872 would authorize a local law enforcement agency to  
            enter into contracts with private schools, colleges, and  
            universities to provide law enforcement services.  Just as  
            local law enforcement can currently contract with public  
            school districts, colleges, and universities to provide on  
            campus security services, SB 872 will allow a private school,  
            college, or university to also benefit from the  
            professionalism and skill offered by trained law enforcement  
            officers, should they desire."


          3)Background.  Counties and cities were first granted authority  
            to provide supplemental law enforcement services to private  
            individuals or entities in 1982, when the Legislature allowed  
            counties and cities to provide these services under contract  
            to preserve the peace at special events or occurrences that  
            happen on an occasional basis.  This authority was apparently  
            granted for the Los Angeles Summer Olympics.  These services  
            were required to be provided by regularly appointed full-time  
            peace officers.



            This authority was substantially expanded by SB 1313  
            (Margett), Chapter 224, Statutes of 2002.  SB 1313 added two  
            new private groups for which counties or cities may provide  
            supplemental law enforcement services: 


             a)   Private nonprofit corporations that are recipients of  
               federal, state, county, or local government low-income  
               housing funds or grants; and,









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             b)   Private entities at critical facilities, defined as any  
               building, structure, or complex that, in the event of a  
               disaster, poses a threat to public safety, including, but  
               not limited to, airports, oil refineries, and nuclear and  
               conventional fuel power plants.



            SB 1313 also allowed these two new categories of contracts to  
            occur on an ongoing basis, rather than being limited to an  
            occasional basis.





          4)Reserve Peace Officers.  AB 2164 (La Suer), Chapter 87,  
            Statutes of 2006, was introduced to allow all of these  
            services to be provided by Level I reserve peace officers if  
            no regularly appointed full-time peace officers were available  
            to fill the positions as required by the contract.  The  
            rationale for AB 2164 was as follows: "Sheriff's and Police  
            Departments throughout the State receive requests to provide  
            supplemental law enforcement services such as providing  
            services to special events like sporting events, carnivals,  
            fairs, or other citywide events.  Due in large part to a  
            statewide shortage of full time peace officers, a number of  
            these events are going understaffed or have to be cancelled  
            due to manpower shortages.  A quick remedy would be [to] allow  
            reserve peace officers to work these special contracts."   
            The Senate Public Safety Committee, in its analysis of AB  
            2164, noted:


               "This bill would increase the opportunities for local  
               government to enter contracts 'to provide supplemental law  
               enforcement services to private individuals or private  








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               entities' by allowing these supplemental services to be  
               provided not only by full-time peace officers but also by  
               Level I reserve peace officers.  Given the 58 county boards  
               and 477 cities in California who would be able to contract  
               out the use of reserve officers under (SB 2164), is it  
               clear in what circumstances this bill might be utilized?   
               Is it possible that there is at least some risk that this  
               bill is likely to lead to law enforcement decisions on the  
               basis of the ability to pay for at least some sites and  
               locations?  Is there realistically any way for those  
               services to be provided on an ongoing basis without  
               impacting 'the normal and regular ongoing services' as is  
               prohibited in the existing statute??


               "In an opinion letter issued in 1985, the Attorney General  
               stated some of the policy concerns that arise from any  
               public entity contracting to provide supplemental law  
               enforcement services with private parties on a  
               pay-as-you-go basis:


                 When the police act, then, they perform public  
                 governmental functions that are fundamental to the  
                 principal purpose of any representative government, to  
                 wit, the protection of the people.  And when they act,  
                 they do so on behalf and in the name of the people.  In  
                 short, they and other law enforcement agencies act as the  
                 people's representatives in the enforcement of the  
                 people's laws, and the duty they own in that regard is to  
                 the public generally (within a respective territorial  
                 jurisdiction) and not to any particular segment or  
                 person.  An assault or theft works the same duty on the  
                 police whether the victim be prince or pauper.  Thus  
                 while it is true that with finite resources a sheriff or  
                 chief of police can provide but a limited degree of  
                 protection from crime, the duty nonetheless remains to  
                 provide that degree, as appropriate, throughout the city  
                 or county without unjustifiably deploying protective  








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                 services in one area at the expense of another.


                 The sale of police services is not only antithetical to  
                 the notion of a public law enforcement function, but it  
                 also violates sound public policy, expressed in Penal  
                 Code Section 70, subdivision (a), by making law  
                 enforcement services subservient to those who would pay  
                 for them.  If the policeman when acting in an official  
                 capacity cannot be paid by the bank for arresting the  
                 bank robber - neither should the city be paid for posting  
                 the officer in front of the bank.  The influence of such  
                 payments is as potentially corrupting on city or county  
                 officials deploying their police forces as it is on the  
                 actions of the individual officers, and time and again we  
                 have inveighed against it as providing fertile field for  
                 a possible conflict of interest.  Inevitably too, such  
                 payments lead to the concentration of police services for  
                 those who make the payments and a diminution of police  
                 services for the rest of the community.  The end result  
                 would be a system of law enforcement which could not  
                 rightly be called a public service.  68 Op. Atty. Gen.  
                 Cal. 175 (1985) (citations omitted.)


               "Since the issuance of the Attorney General's Opinion in  
               1985, the authority granted to local governments to enter  
               into contracts with private parties to provide  
               'supplemental police services' has been substantially  
               expanded by SB 1313.  This bill would result in a further  
               expansion of that authority.  Although the author's  
               statement refers only to provision of these supplemental  
               law enforcement services at 'special events like sporting  
               events, carnivals, fairs, or other citywide events,'?the  
               bill would also permit use of reserve peace officers to  
               provide these services on an ongoing basis (for all types  
               of private entities specified in existing law).










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               "Because these services may currently only be provided by  
               full-time peace officers, there is, of necessity, some  
               built-in limitation on the degree to which local  
               governments can enter into these contracts due to the  
               limited number of full-time peace officers available to be  
               hired out.  Allowing reserve peace officers to be utilized  
               for these private contracts will substantially expand the  
               ability of local governments to enter into such contracts.   
               Members may wish to consider whether this practice is one  
               that, while occasionally necessary, should not become  
               commonplace and whether the risks of a conflict of  
               interest, as identified in the Attorney General's opinion,  
               are magnified by allowing the expansion of these services  
               to include reserve peace officers."


            AB 2164 was subsequently amended to allow the use of Level 1  
            reserve officers only for services provided in connection with  
            special events or occurrences on an occasional basis.


          5)Policy Considerations.  As noted above, existing law requires  
            most contracts for supplemental law enforcement services to be  
            met with regularly appointed full-time peace officers.  There  
            is one exception, which allows supplemental law enforcement  
            services at special events or occurrences that happen on an  
            occasional basis to be provided by Level 1 reserve peace  
            officers, if no regularly appointed full-time peace officers  
            are available.  Contracts for ongoing services are limited to  
            regularly appointed full-time peace officers.  This bill  
            allows contracted services at private schools, colleges and  
            universities - which can be occasional or ongoing - to be  
            rendered by any category peace officer, as long as the county  
            or city and the private institution mutually agree.  Given  
            concerns raised by AB 2164 and the Attorney General's 1985  
            opinion, the Committee may wish to consider whether  
            contracting for supplemental law enforcement services for  
            private entities should be expanded, and whether all  
            categories of peace officers should be allowed to provide  








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            supplemental law enforcement services to private educational  
            institutions.



          6)Arguments in Support.  The Los Angeles County Sheriff's  
            Department, sponsor of this measure, states, "In the wake of  
            the recent tragic school shooting, more schools, colleges and  
            universities are reviewing their school safety plans and are  
            looking at ways to provide the best level of protection for  
            our children.  Due to this, schools, both public and private,  
            have recently expressed interest in contracting with local law  
            enforcement agencies for police services.



            "SB 872 would?(allow) local law enforcement to contract with  
            private schools, private colleges, or private universities in  
            order to provide supplemental law enforcement services on an  
            occasional or ongoing basis.  SB 872 ensures that trained law  
            enforcement officers, not untrained civilians, are able to  
            promptly address an act of violence or domestic terrorism on a  
            school campus and is a responsible step to keep students,  
            faculty, staff and the public safe while on a school or  
            university campus."


          7)Arguments of Concern.  The California Association of Private  
            School Organizations (CAPSO), which represents K-12 non-profit  
            private educational institutions, writes, "We are concerned  
            that the opportunity to offer law enforcement services through  
            a contract can introduce a financial incentive that might  
            induce a law enforcement agency to delay, reduce, or withhold  
            the normal and regular ongoing services to which all  
            Californians are entitled.  Moreover, our Public Policy  
            Committee is unaware of any CAPSO-affiliated private K-12  
            school that is currently seeking additional law enforcement  
            services that are not already permissible under existing law."









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          REGISTERED SUPPORT / OPPOSITION:




          Support


          Los Angeles County Sheriff's Department [SPONSOR]


          Association for Los Angeles Deputy Sheriffs


          California Association of Code Enforcement Officers


          California College and University Police Chiefs Association


          California Narcotic Officers Association


          California Police Chiefs Association


          California State Association of Counties


          California State Sheriffs' Association


          Los Angeles County Professional Peace Officers Association


          Los Angeles Police Protective League









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          Riverside Sheriffs Association





          Concerns


          


          California Association of Private School Organizations




          Opposition


          None on file




          Analysis Prepared by:Angela Mapp / L. GOV. / (916)  
          319-3958