City of Sacramento
City Council Report
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Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2022-01449 8/9/2022 Consent Item 15.
Ordinance Amending Sacramento City Code Section 3.82.030 - Disposition of Badges (Passed for Publication: 07/19/2022; Published: 08/03/2022)
File ID: 2022-01449
Location: Citywide
Recommendation: Adopt an Ordinance amending section 3.82.030 of the Sacramento City Code relating to Disposition of Badges.
Contact: Anne Iturraran, [email protected], (916) 808-0452, Fire Department Presenter: None
Attachments:
1-Description/Analysis
2-Proposed Amend Ordinance
3-Proposed Amend Ordinance (Redline)
Description/Analysis
Issue Detail: The City Council created Chapter 3.82 of the Sacramento City Code (Disposition Weapons, Badges and Canines) with the passage of Ordinance No. 2009-0032 on July 14, 2009.
Procurement Services sponsored the ordinance.
Since its enactment, Sacramento City Code section 3.82.030 (Disposition of Badges), subsection A, has allowed for the Police Chief to dispose of a police officer’s badge to the police officer upon the police officer’s promotion to a higher rank or separation from city service. However, subsection B only allows for the Fire Chief to dispose of a firefighter’s badge upon the firefighter’s separation from city service.
The staff report for Ordinance No. 2009-0032, as it appeared as Item 12 on the Consent Calendar of the City Council Agenda of July 14, 2009, collectively refers to the Police Department and the Fire Department with respect to disposition of badges. The only reference as to the difference in treatment City of Sacramento Page 1 of 3
File ID: 2022-01449 8/9/2022 Consent Item 15.
of the two departments is the staff report’s statement that the ordinance “is in standing with the traditions and customs of the Police and Fire Departments.” The Fire Department recommends that the City Code be amended to afford promoted firefighters their lower-ranking badges in a similar manner as promoted police officers under subsection A. On June 21, 2022, passed a motion forwarding the proposed ordinance to the City Council for adoption.
On July 19, 2022, the City Council passed the proposed ordinance for publication in accordance with Sacramento City Charter section 32, subsection (c).
Policy Considerations: City Code Chapter 3.80 addresses the disposition of surplus personal property. The intent of Chapter 3.80 is to encourage public notice and participation when initiating a sale of City surplus property. Furthermore, the reference to surplus property is intended to describe such property that might have utility to the general public after it has exceeded its useful life. For public safety reasons, duty weapons, badges, and police canines should not be made available to the general public. Therefore, these particular items should not be included in the general description of surplus property, nor should they be made available to the general public after their useful life. This clarification of terms and recommendation to amend the City Code will not affect the general intent of the current policy contained in Chapter 3.80.
Economic Impacts: None.
Environmental Considerations:
California Environmental Quality Act (CEQA): This report concerns administrative activities that will not have a significant effect on the environment (CEQA Guidelines section 15061(b) (3)) and does not constitute a "project" as defined by CEQA Guidelines section 15378(b)(2).
Sustainability: None.
Commission/Committee Action: The Law and Legislation Committee approved the proposed ordinance on June 21, 2022.
Rationale for Recommendations: The recommended change to the City Code will provide consistency in the disposition of surplus badges in the Police and Fire Departments.
Financial Considerations: This report does not result in any significant financial impact to the City.
Local Business Enterprise (LBE): No goods or services are being purchased as a result of this report.
City of Sacramento Page 2 of 3
File ID: 2022-01449 8/9/2022 Consent Item 15.
City of Sacramento Page 3 of 3
1 ORDINANCE NO.
A
dopted by the Sacramento City Council
[
Date Adopted]
A
N ORDINANCE AMENDING SECTION 3.82.030 OF THE SACRAMENTO CITY CODE, RELATING
TO DISPOSITION OF BADGES
B
E IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
S
ECTION 1.
Section 3.82.030 of the Sacramento City Code is hereby amended to read as follows:
3.82.030 Disposition of Badges.
A. The chief of police may allow the disposition of a police officer’s badge to the officer at the time of his or her separation from city service, or upon the police officer’s promotion to a higher rank.
B. The fire chief may allow the disposition of a firefighter’s badge to the firefighter at the time of his or her separation from city service, or upon the firefighter’s promotion to a higher rank.
C. The city attorney may allow the disposition of a prosecutor’s badge to the attorney at the time of his or her separation from city service.
D. Any person receiving a badge under this section shall take reasonable measures to ensure against inappropriate or illegal use of the badge.
1 ORDINANCE NO.
Adopted by the Sacramento City Council
[Date Adopted]
AN ORDINANCE AMENDING SECTION 3.82.030 OF THE SACRAMENTO CITY CODE, RELATING
TO DISPOSITION OF BADGES
BE IT ENACTED BY THE COUNCIL OF THE CITY OF SACRAMENTO:
SECTION 1.
Section 3.82.030 of the Sacramento City Code is hereby amended to read as follows:
3.82.030 Disposition of Badges.
A. The chief of police may allow the disposition of a police officer’s badge to the officer at the time of his or her separation from city service, or upon the police officer’s promotion to a higher rank.
B. The fire chief may allow the disposition of a firefighter’s badge to the firefighter at the time of his or her separation from city service, or upon the firefighter’s promotion to a higher rank.
C. The city attorney may allow the disposition of a prosecutor’s badge to the attorney at the time of his or her separation from city service.
D. Any person receiving a badge under this section shall take reasonable measures to ensure against inappropriate or illegal use of the badge.