Ord 1484 - AN URGENCY ORDINANCE OF THE TOWN OF LOS GA`i'OS GRANTING PEACE OFFICERS POWER TO CERTAIN LOSORDINANCE NO. 14-84
AN URGENCY ORDINANCE OF THE TOWN OF LOS GA`i'OS
GRANTING PEACE OFFICERS POWER TO CERTAIN LOS
GATOS POLICE RESERVE OFFICERS
The Town Council of the Town of Los Gatos hereby ordains as
follows:
Section 1.
Section 21 -21.1 is hereby added to the Town Code, as follows:
Pursuant to the provisions of California Penal Code Section
832.6 as amended effective January 1, 1981, those members of the Los
Gatos Police Reserve who have been issued a. Level. I Reserve Officer
Certificate before January 1 1981 shall have the full powers and duties
of a peace officer as provided by California Penal Code Section 830.1.
Section 2.
It is necessary for the immediate preservation of the public,
peace, health and safety that this ordinance take effect immediately
upon adoption, based on the following facts: AB 3217, effective January
1, 1981, provides that reserve police officers may exercise peace officers
powers (i.e., carry arms) only if they have completed very extensive
training requirements. The Town makes extensive use of such reserve
officers, but because they are paid very little, very few of them have
completed the required training. Accordingly, many of the Town's reserve
officers would no longer be eligible to exercise peace officer powers
after January 1, 1981, without some grandfathering provision. California
Penal Code Section 832.6, enacted as part of AB 3217, provides such
grandfathering provision by stating that any person who is issued a Level.
I Reserve Officer Certificate before January 1, 1981, shall have the
full powers and duties of a peace officer if so designated by local
ordinance, if the appointing authority determines the person is qualified
to perform general law enforcement duties by reason of the person's
training and experience. The Town has a number of reserve officers who
are eligible for Level I Certificates, but starting January 1, 1981,
these officers will not be able to exercise peace officers powers until
an ordinance is adopted giving them such powers. Waiting until after
January 1, 1981, to adopt such an ordinance would leave the Town temporarily
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without adequate law enforcement personnel, creating a danger to public
safety. In order to avoid such danger, this ordinance must take effect
before January 1, 1981. It shall therefore take effect immediately
upon adoption.
This ordinance was adopted as an urgency measure at a continued
regular meeting of the Town Council of the Town of Los Gatos on December
2, 1980, by the following vote:
AYES: COUNCILb/IE2vlBERS: Mar.Lyn J. Rasmussen, Peter W. Siemens
Brent N. Ventura and Thomas J. Ferrito
NOES: COUNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Ruth Cannon
SIGNED:
R OF THE ;?OxOr L S GATOS
ATTEST:
CLERK OF THE TOWN OF LOS G
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