BILL ANALYSIS Ó
SB 1466
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SENATE THIRD READING
SB 1466 (De León)
As Amended August 27, 2012
Majority vote
SENATE VOTE :Vote not relevant
LOCAL GOVERNMENT 7-0
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|Ayes:|Smyth, Campos, Alejo, | | |
| |Lara, Gordon, Hueso, | | |
| |Knight | | |
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SUMMARY : Transfers control over the authorization of peace
officer status for officers employed by the Department of
General Services (GSD) of the City of Los Angeles from GSD to
the Los Angeles Police Department (LAPD). Specifically, this
bill :
1)Revises the authorization of peace officer status for
individuals employed by GSD to require transfer to LAPD and
designation by the Chief of Police of LAPD, or his or her
designee, instead of the general manager of GSD.
2)Specifies that GSD peace officers may be authorized to carry
firearms by LAPD, instead of GSD.
3)Defines "properties," as they relate to the City of Los
Angeles and the necessary duties of peace officers transferred
from GSD to LAPD, to mean "city offices, city buildings,
facilities, parks, yards, and warehouses."
EXISTING LAW :
1)Provides that an officer of GSD is a peace officer if he or
she is designated by the general manager of the department and
his or her primary duty is the enforcement of the law in or
about properties owned, operated, or administered by the
department or when performing necessary duties with respect to
patrons, employees, and properties of the department.
2)Requires, for a peace officer designated pursuant to existing
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law and authorized to carry firearms by GSD, the completion of
an introductory course of firearm training and requalification
for the use of firearms every six months.
3)Prohibits authorization for a peace officer designated
pursuant to existing law and authorized to carry firearms by
GSD to carry a firearm when he or she is not on duty.
4)Provides that the following persons are peace officers, who
may carry firearms only if authorized and under terms and
conditions specified by their employing agency, whose
authority extends to any place in California for the purpose
of performing their primary duty, or when making an arrest for
a public offense where there is immediate danger to a person
or property or to prevent the perpetrator's escape, as
specified, or during a state of emergency, as specified:
a) A police officer of the County of Los Angeles, if the
primary duty of the officer is the enforcement of the law
in or about properties owned, operated, or administered by
his or her employing agency or when performing necessary
duties with respect to patrons, employees, and properties
of his or her employing agency;
b) A person designated by a local agency as a park ranger
and regularly employed and paid in that capacity, if the
primary duty of the officer is the protection of park and
other property of the agency and the preservation of the
peace therein; and,
c) A housing authority patrol officer employed by the
housing authority of a city, district, county, or city and
county or employed by the police department of a city and
county, if the primary duty of the officer is the
enforcement of the law in or about properties owned,
operated, or administered by his or her employing agency or
when performing necessary duties with respect to patrons,
employees, and properties of his or her employing agency.
FISCAL EFFECT : None
COMMENTS : This bill is intended to facilitate a cost-saving
reorganization of the City of Los Angeles' police force by
merging a separate unit of 97 peace officers under GSD
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responsible for policing municipal property into LAPD, at a
savings of over $2 million per year. SB 1466 revises the
relevant Penal Code section to shift authority over the officers
from GSD to LAPD, thereby allowing the transferred GSD officers
to retain their peace officer status.
The measure is sponsored by the City of Los Angeles.
In 1979, GSD established within it a Security Services Division
to provide security and basic law enforcement services to
City-owned and managed properties. In 1987, the Los Angeles
City Council authorized select security officers to become
unarmed peace officers with arrest powers to enforce crimes that
were occurring at the various City yards, warehouses and
facilities.
In 1998, the City Council approved the creation of a GSD police
force with fully trained, accredited and armed peace officers.
By 2005, the City Council had expanded the GSD police role by
combining several City security sections and patrol operations
in the newly-created Office of Public Safety (OPS), under GSD.
State statute specifies that the primary duty of OPS peace
officers is law enforcement in or about property owned or
operated by GSD, and places certain restrictions on those
officers' ability to carry firearms.
Ninety-seven sworn and roughly 300 civilian OPS employees are
responsible for the safety and security of municipal facilities
including the Civic Center, the L.A. Zoo, the Convention Center,
Bureau of Sanitation plants, over 70 Libraries and 400 City
Parks.
On May 21, 2012, the Los Angeles City Council formally adopted a
recommendation from the Office of the City Administrative
Officer (CAO) to consolidate OPS into LAPD to save money in the
City's 2012-13 budget, effective July 1, 2012. The CAO's
recommendation that the City Council approve the consolidation
plan was based on "the need to increase service levels through
operational efficiencies, enhance the professionalism and
accountability of security services, and provide General Fund
savings."
Concurrently, LAPD created the Security Services Division
(SECSD) within its own Office of Special Operations in
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expectation of the transfer. All civilian employees of OPS were
transferred to SECSD on July 1, 2012. LAPD plans to absorb the
responsibilities of 37 GSD sworn officers currently assigned to
patrol duties into the existing patrol function of LAPD. The
remaining 60 sworn OPS personnel will remain on the GSD payroll
until their statutory authorization has been amended to allow
them to maintain their peace officer status while employed by
LAPD, at which time they will also be transferred to SECSD.
According to an August 20, 2012, memorandum from the CAO, all
OPS employees will retain their existing job classifications and
pension plans. The bill does not change the peace officers'
authority to carry firearms.
The August 2012 CAO memorandum also states that the
consolidation is expected to result in savings of $2.23 million
to the City's General Fund in fiscal year (FY) 2012-13 due to
the elimination of one police academy class of 40 officers. The
on-going General Fund savings are estimated to be at least $2
million per year thereafter. The City also expects to realize
additional equipment savings from the reduced GSD sworn officer
deployment level.
According to the author, "Ýt]he consolidation of security
services will?standardize security officer policies, procedures
and training, while improving the quality of security services
at facilities owned and administered by the City of Los Angeles.
This will eliminate the duplication of services by streamlining
security operations. The plan would generate $2.23 million in
General Fund savings in the 2012-2013 Fiscal Year and
approximately $30 million in savings over the next 10 years.
"There is a need for state legislation in order to implement the
OPS consolidation plan adopted by the City of Los Angeles.
Changes to the state Penal Code (PC) Section 830.31(c)(1) are
needed to reflect the consolidation changes in which OPS limited
peace officers previously employed by the City of Los Angeles
are now under the direction of LAPD."
The Commission on Peace Officer Standards and Training (POST)
was established by the Legislature in 1959 to set minimum
selection and training standards for California law enforcement.
POST also frequently conducts feasibility studies when a change
of peace officer designation is requested. Penal Code Section
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13540 requires that peace officers desiring a change in peace
officer designation or status to request the Commission to
undertake a study to assess the need for a change in designation
or status. The Commission may charge any person, agency, or
organization requesting a study, a fee, not to exceed the actual
cost of undertaking the study.
The City of Los Angeles has not requested a POST study in
relation to the proposed personnel transfer from GSD to LAPD.
Similar legislation: AB 1763 (Davis) of the current legislative
session, pending in the Senate Rules Committee, contains
language similar in effect to this bill. AB 2137 (Bradford) of
the current legislative session, held under submission in the
Assembly Appropriations Committee, would have extended the
authority of Los Angeles World Airports peace officers to reach
any place within California without restrictions on their arrest
powers and authority to carry firearms. AB 1377 (Butler) of
2011, held under submission in the Assembly Appropriations
Committee, was virtually identical to AB 2137. AB 1882
(Frommer) of 2006, held in the Senate Public Safety Committee at
the author's request, was also virtually identical to AB 2137.
AB 1308 (Cardenas), Chapter 446, Statutes of 1997, authorized
the peace officers of GSD to carry firearms, as permitted by
GSD.
Support arguments: According to the sponsor, "Ýt]his
consolidation will standardize and streamline security officer
policies, procedures and training, while improving the quality
of security services at facilities owned and administered by the
City of Los Angeles?This consolidation helps increase public
safety service levels through operational efficiencies,
enhancing the professionalism and accountability of security
services."
Opposition arguments: One might argue that the decision to move
ahead with the consolidation without first soliciting the
professional opinion of POST through a feasibility study goes
outside of the established process for changing peace officer
authorization.
Analysis Prepared by : Hank Dempsey / L. GOV. / (916) 319-3958
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