ORDINANCE NO. 1109
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
LANCASTER ADDING CHAPTER 2.60 TO THE LANCASTER
MUNICIPAL CODE RELATING TO THE PROTECTION OF CITY
FACILITIES AND PERSONNEL
WHEREAS, the City of Lancaster (“City”) has received an increasing number of security threats to its facilities and personnel, which interfere with the City’s ability to properly function; and
WHEREAS, the City desires by this Ordinance to authorize the provision of protection and security services to certain facilities and personnel.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LANCASTER DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. The above recitals are true, correct, and constitute a substantive part of this Ordinance.
Section 2. Chapter 2.60 is hereby added to the Lancaster Municipal Code to read as set forth in Exhibit A, which is attached hereto and incorporated herein.
Section 3. If for any reason any portion of this Ordinance is found to be invalid by a court of competent jurisdiction, the balance of this Ordinance shall not be affected.
Section 4. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published and posted pursuant to the provisions of law in that regard and this Ordinance shall take effect 30 days after its final passage.
I, Andrea Alexander, City Clerk of the City of Lancaster, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading on the _____ day of __________________, 2023, and placed upon its second reading and adoption at a regular meeting of the City Council on the _____ day of __________________, 2023, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: APPROVED:
ANDREA ALEXANDER R. REX PARRIS
City Clerk Mayor
City of Lancaster City of Lancaster
A-1
EXHIBIT A
CHAPTER 2.60
PROTECTION OF CITY FACILITIES AND PERSONNEL
2.60.010 Definitions
2.60.020 Protection of City Facilities and Personnel
2.60.030 Request for and Approval of Protection and Security Services
2.60.040 Provisional Approval of Request for Protection and Security Services
2.60.050 Reimbursement for Protection and Security Services
2.60.060 City Manager’s Obligation and Authority to Implement Chapter
2.60.010 Definitions
“City” means the City of Lancaster.
“City Manager” means the City Manager of the City of Lancaster, or his or her designee. “Department head” means the department head of any department of the City. “Eligible City facility” means any real property, building, or other structure that is owned, leased, rented, or occupied by the City.
“Eligible City personnel” means and includes any member of the City Council, the City Manager, any City employee, and/or any agent acting on behalf of the City. “Protection and security services” means, with respect to an eligible City facility, physical security measures that are designed to deny unauthorized access to facilities, equipment, and resources and to protect persons and property from damage or harm (e.g., CCTV surveillance, security guards, protective barriers, locks, access control, perimeter intrusion detection, deterrent systems, fire protection, and other systems designed to protect persons and property). With respect to eligible City personnel, “protection and security services” means and includes security and risk mitigation measures taken to ensure the individual’s safety (e.g., home security systems, personal security detail, armored vehicles and vehicle scramble plans, mail screening, background checks for other employees, and other precautions).
2.60.020 Protection of City Facilities and Personnel
The City may provide protection and security services for any eligible City facility or eligible City personnel as set forth in this Chapter. Nothing contained in this Chapter establishes a right to receive or be reimbursed for protection and security services.
2.60.030 Request for and Approval of Protection and Security Services A. Any member of the City Council, the City Manager, or the Los Angeles County Sheriff’s Department may make a request to the City Council for protection and security services A-2
pursuant to this Chapter. Any other eligible City personnel may submit a request to the City Manager under this Chapter and the City Manager shall thereafter determine whether to submit such request to the City Council. The City Council may consider and act on a request made pursuant to this Chapter at any regular, special, or emergency meeting, subject to applicable law.
The City Council may consider and/or act on a request pursuant to this Chapter in a closed session, as and to the extent permitted by applicable law.
B. The City Council may by ordinance, resolution, minute order, or other action approve, conditionally approve, or deny a request made pursuant to this Chapter. An approval or conditional approval shall be supported by written findings that (1) a security threat exists, (2) such security threat is related to, the result of, or may interfere with official business, and (3) the approval or conditional approval is made pursuant to this Chapter. Such findings shall be conclusive. In the event an approval or conditional approval under this Chapter omits any required finding, such finding shall be deemed made by virtue of the approval or conditional approval.
The omission of a required finding shall not invalidate an approval or conditional approval.
C. The City Council may impose any requirement, condition, or limitation on an approval or conditional approval.
2.60.040 Provisional Approval of Request for Protection and Security Services A. If a security threat upon which a request is made pursuant to this Chapter may result in damage to/destruction of an eligible City facility or physical injury to eligible City personnel, the City Manager may immediately act on and provisionally approve the request. A provisional approval under this Section shall (1) be supported by a finding that immediate protection and security services are necessary because the underlying security threat may result in damage to/destruction of an eligible City facility and/or physical injury to eligible City personnel before the City Council may take final action on the request, (2) be for a period of sixty (60) days, or for such shorter period as determined by the City Manager, (3) be a conclusive determination that the provisionally approved protection and security services are in response to a security threat that is related to, the result of, or may interfere with official business, and (4) be a conclusive determination that the provisionally approved protection and security services constitute a lawful expenditure of City funds.
B. The City Council may take final action pursuant to Section 2.60.030 on a provisionally approved request before or after the provisional approval expires.
2.60.050 Reimbursement for Protection and Security Services A. A person eligible to receive protection and security services under this Chapter may request reimbursement for the reasonable cost of protection and security services hired directly and actually paid by such person. A request for reimbursement under this section shall be submitted to the City Manager and the City Manager shall thereafter submit the request, together with a recommendation, to the City Council.
B. The City Council may approve (in whole or in part) or deny (in whole or in part) a request for reimbursement under this Section in its sole discretion. An approval (whether in whole or in part) shall be supported by written findings that (1) the requestor is eligible to receive A-3
protection and security services under this Chapter, (2) a security threat exists, (3) such security threat is related to, the result of, or may interfere with official City business, and (4) the type and cost of protection and security services for which reimbursement is approved is substantially similar to what the City would have provided under Section 2.60.030, and (5) the approval is made pursuant to this Section. Approval of a request for reimbursement shall constitute a conclusive determination that the protection and security services being reimbursed are in response to a security threat that is related to, the result of, or may interfere with official City business, and constitute a lawful expenditure of City funds.
2.60.060 City Manager’s Obligation and Authority to Implement Chapter A. The City Manager may do any or all of the following to implement the provisions of this Chapter:
1. Adopt policies, procedures, and forms consistent with the provisions of this Chapter;
2. Issue interpretations and define words/phrases not specifically defined in this Chapter or this Code;
3. Enter into a contract, or amend an existing contract, with the County of Los Angeles for the Los Angeles County Sheriff’s Department to provide protection and security services;
4. Hire or enter into contracts with qualified and duly licensed private persons and/or entities to provide protection and security services; and/or
5. Take any other action the City Manager determines is reasonably necessary to implement and achieve the objectives of this Chapter.
B. In the event of a conflict between the provisions of this Chapter and any action of the City Manager under this Section, the provisions of this Chapter shall control. The City Council may review and, in its discretion, modify or rescind any action of the City Manager under this Section.