ITEM 4. 3
CITY MANAGER' S REPORT
UNE 13, 2022 CITY COUNCIL REGULAR MEETING
ITEM: SECOND READING AND ADOPTION OF ORDINANCE
22- 434 OF THE CITY OF LATHROP ACCEPTING
REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW
ENFORCEMENT OFFICERS
RECOMMENDATION: Waive Full Reading And Adopt Ordinance 22- 434 Amending Title 9 " Public Peace and Welfare" of the
Lathrop Municipal Code by Adding New Chapter 9. 02
Titled Peace Officer Standards And Training" to
Accept Requirements of the Penal Code Relating to
the Recruitment and Training of Law Enforcement
Officers
RECOMMENDED ACTION:
The City Council to conduct second reading and adopt Ordinance 22- 434 entitled:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 " PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED " PEACE OFFICER STANDARDS AND TRAINING" TO
ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO THE RECRUITMENT AND
TRAINING OF LAW ENFORCEMENT OFFICERS
SUMMARY:
On April 11, 2022, the City Council approved the introduction and first reading of the subject Ordinance by the following vote:
AYES: Akinjo, Diallo, Lazard, Torres- O' Callaghan, and Dhaliwal NOES: None
ABSTAIN: None
ABSENT: None
The Ordinance will take effect 30 days after adoption.
SUBMITTED BY:
2 eresa Vargas, City Date
ORDINANCE NO. 22- 434
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LATHROP AMENDING TITLE 9 PUBLIC PEACE AND WELFARE" OF THE LATHROP MUNICIPAL CODE BY ADDING NEW CHAPTER 9. 02 TITLED PEACE OFFICER STANDARDS AND TRAINING" TO ACCEPT REQUIREMENTS OF THE PENAL CODE RELATING TO
THE RECRUITMENT AND TRAINING OF LAW ENFORCEMENT OFFICERS WHEREAS, the City of Lathrop has contracted for police services with the San Joaquin County Sheriff' s Office ( SJCSO) since 1990. Most recently, Lathrop executed a five- year contract with the SJCSO on April 17, 2017 that expires on June 30, 2022; and
WHEREAS, as part of a comprehensive and ongoing review of the delivery of services, and to remedy the systematic inability of the City to control the costs of public safety services provided through its existing contract with the SJCSO, the City began examining alternative service delivery models for police services; and WHEREAS, on March 22, 2021, the City Council adopted Resolution 21- 4852 approving the creation of Capital Improvement Project GG 21- 11, to begin the creation of the new Lathrop Police Department, and implement the transition of law enforcement services from the San Joaquin County Sheriff to the City; and WHEREAS, it is anticipated that the City will commence providing its own law enforcement services on July 1, 2022; and
WHEREAS, on November 8, 2021, the City Council adopted Resolution 21- 4989 authorizing the establishment of the Lathrop Police Department in accordance with all requirements necessary for certification as a Member Agency with the California Commission on Peace Officer Standards and Training and directed that all duly appointed sworn peace officers of the Lathrop Police Department be granted peace officer authority as outline in California Penal Code Section 830. 1; and WHEREAS, in order to seek and qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code, the City Council of the City of Lathrop must adopt this Ordinance accepting the requirements of the Penal Code relating to the recruitment and training of Law Enforcement Officers.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Lathrop does hereby ordain as follows:
Section 1.
CHAPTER 9. 02 PEACE OFFICER STANDARDS AND TRAINING
9. 02. 010 Qualification for Aid Desired.
Ordinance No. 22- 434
The City of Lathrop declares that it desires to qualify to receive aid from the State of California under the provisions of Section 13522, Chapter 1 of Title 4, Part 4 of the California Penal Code.
9. 02. 020. Adherence to State Standards
Pursuant to Penal Code Section 13510, Chapter 1, of Title 4, Part 4 of the California Penal Code, the City of Lathrop will adhere to the standards for recruitment and training of peace officers established by the Commission on Peace Officer Standards and Training.
9. 02. 030. Commission Inquiries
Pursuant to Section 13512, Chapter 1 of Title 4, Part 4 of the California Penal Code, the Commission and its representatives may make such inquiries as deemed necessary to ascertain that the peace officer personnel of the City of Lathrop adhere to the standards for recruitment and training established by the California Commission on Peace Officer Standards and Training.
Section 2.
This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City or any officer or employee thereof a mandatory duty of care toward persons and property within or without the city so as to provide a basis of civil liability for damages, except as otherwise imposed by law.
Section 3. Severabilitv.
If any section, subsequent subdivision, paragraph, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional or otherwise invalid, such a decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance irrespective of the unconstitutionality or invalidity of any section, subsection, subdivision, paragraph, sentence, clause or phrase.
Section 4. Effective Date.
This Ordinance shall take legal effect 30 days from and after the date of its passage.
Section 5. Publication.
Within fifteen days of the adoption of this Ordinance, the City Clerk shall cause a copy of this Ordinance, to be published in full accordance with Section 36933 of the Government Code
Ordinance No. 22- 434
THIS ORDINANCE was regularly introduced at a regular meeting of the City Council of the City of Lathrop on the 11t" day of April 2022, and was PASSED AND ADOPTED at a regular meeting of the City Council of the City of Lathrop on the day of by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney Ordinance No. 22- 434