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HomeMy WebLinkAbout3550-3554RESOLUTION NO. 3554 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALK CONSTRUCTION PURSUANT TO THE MUNICIPAL CODE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. 2. That the hereinafter listed construction costs shall be paid within thirty -one (31) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to.the City Tax Collector to be placed as a lien against the property and collected with the City taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A ". 3. That at the request of the property owners and in accordance with Section 7350.3 of the Municipal Code, the Council hereby determines that the assessments set forth may be paid in three (3) annual installments, including interest at the rate of three (3 %) percent per annum on the unpaid balance; said interest to run from the first day of the month following passage of this Resolution to the R 3554 Resolution No. 3554 (1978 Series) time payment is made in full of the principal amount, provided that failure to pay any installment and interest when due shall make the remaining principal balance and interest payable in full and subject to additional penalties and interest as provided for City taxes and subject to the same procedure for foreclosure and sale. Said property owners, addresses and construction costs are shown on Exhibit "B ". On motion of Councilman Settle , seconded by Councilman Dunin and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Petterson The foregoing Resolution was passed and adopted this 2nd day of ATTEST: �'--Clerk J.H. Fitzpatrick -2- Resolution No. 3554 Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILL Y City Attorney by Allen Grimes -3- (1978 Series) Approved as to content: ms1 City Administrative Wficer irector of Public Services EXHIBIT "A" OWNER LOCATION AMOUNT Central Savings & Loan 1205 Chorro Street $ 562.00 (Marsh Street side) B.H. Gibson 1200 Monterey Street 820.00 R.M. Hansen, etal 659 Palm Street 216.00 A. Muzio, etal 1245 Monterey Street 560.00 OWNER D.C. Chase, etal W.T. & W.F. Hesselbarth J.C. Kundert R.O. Laird S.M.S. Company W.K. Wright H.A. & E.R. Zevely EXHIBIT "B" LOCATION 1135 Morro Street 692 Marsh Street 1106 Pacific Street (Also Santa Rosa side) 1009 Monterey Street (Higuera Street side) 2150 -2180 King Street 1255 Monterey Street 884 Broad Street (Palm Street side) k ucel"M $ 992.00 805.00 224.00 250.00 724.00 625.00 447.00 RESOLUTION NO..3553 (1978 Series) A RESOLUTION AUTHORIZING MAYOR TO STATE CITY'S POSITION IN REGARD TO CITY'S CONTINUING DESIRE TO PURCHASE THE SALINAS DAM AND RELATED FACILITIES. WHEREAS, it has come to the City's attention that there is some consideration being given to the possibility of the County and /or County Flood Control and Water Conservation District purchasing the Salinas.Dam and related .facilities from the federal government; and WHEREAS, the City also has a keen interest in acquiring these facilities, since the City has long been the sole source of funds for the operation of the Salinas Dam project and since the City wishes to assure itself of continued access to this water supply; and WHEREAS, the City also.wishes to continue to have a say as to what conditions exist at the lake in regard to purity of water supply. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San.Luis Obispo as follows: Section 1. That Mayor Kenneth E. Schwartz be authorized to state the City's position to the County Water Advisory Committee and others that, in the event the federal government puts the Salinas Dam and related facilities up for sale, the City of San Luis Obispo be given the first opportunity to purchase the facilities. On motion of Councilman Petterson seconded by Councilman Settle, and on the following roll call vote: RDM:mp 5 -2 -78 R 3553 Resolution No. 35 >., (1978 Series) Page 2 AYES: Councilmen Dunin, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: Councilman Jorgensen the foregoing Resolution was passed and adopted this lst day of May , 1978. ATTEST: ,Xrfy Clerk J. H. Fi'tzpatri.ck. Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LIL�EY City Attorney By Allen Grimes RDM:mp 5 -2 -78 Approved as to content: 1 City Administrative Of er RESOLUTION NO. 3552 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A POLICE DEPARTMENT PERSONNEL MANUAL OF RULES $ REGULATIONS. WHEREAS, it is essential for the efficient and.proper operation of the Police Department of this,city. that it have the - advantages of and adhere to the provisions of a Personnel Manual of Rules $ Regulations; and WHEREAS, such a manual has been prepared on the provisions of the existing Police Department Manual of Policy and Procedures;. and WHEREAS, the purpose of said manual is to clearly articulate rules of expected individual conduct for all employees and members of the Police Department by: 1. Establishing levels of authority and responsibility for all positions in the organization. 2. Defining expected rules of conduct and disciplinary possibilities. 3. Providing reasonable and necessary organizational guidelines for developing and maintaining public trust and confidence in the Police Department. 4. Encouraging personal and professional development by all departmental members. 5. Obtaining open, honest and ethical community and departmental relations. 6. Seeking employee input and evaluation on processes and procedures that require appropriate change.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: AG:ktm 3/28/78 R 3552 I Resolution No. 3552 (1978 Series) SECTION 1. That certain document entitled "San Luis Obispo Police Department Personnel Manual of Rules & Regulations!" is hereby adopted. A copy of said manual shall be maintained for public inspection and as a matter of record in the Offices of the City Clerk and the Chief of Police. SECTION 2. Those portions of the Police Department Manual of Policy and Procedures which are 'in conflict with said Personnel Manual of Rules & Regulations are hereby superseded as well as any other conflicting rules and regulations. On motion of ,Councilman Jorgensen-, ;seconded by Councilman Settle -, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this _- 1st day of May 1978. ATTEST: Ci .. lerk J.H. Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLE City Attorney Approved as to content: City Administrative Of N r en Grimes Personnel Director C r ^\ �oTice i AG:ktm 3/28/78 _ 2 m_,.... RA, city of Safi IuIS OBISPO POLICE DEPARTMENT Post Office Box 1328 — San Luis Obispo, CA 93406 — 805/544.5151 MEMORANDUM TO: Richard D. Miller, City Administrator FROM: Roger L. Neuman, Chief of Police SUBJECT: Police Department Personnel Manual of Rules and Regulations 22 February 1978 The following document represents the long awaited Police De- partment Personnel Manual of Rules and Regulations which will govern all em- ployees and members by supplementing the previously approved City Personnel Manual. I think it is important to remember that due to the unique role and power of the police in our society, we require somewhat broader rules and regulations that allow maximum use of professional discretion and yet hold the individual strictly accountable for attitude, actions, abuse and produc- tivity. It goes without saying that the rules and regulations must be easily understood, fair, and within the scope and meaning of existing legal process. The purpose of this Manual is basically to outline acceptable rules of professional and individual conduct and expectations rather than combine rules with policy and procedures which are now covered in our Opera- tions Directive Manual. This new manual establishes the authority and responsibility as it rests throughout the police organization, and defines acceptable conduct as well as disciplinary possibilities. The philosophical intent is to provide all employees with realistic guidelines of professional conduct that are seen as essential to maintaining high levels of public con- fidence and trust in the department and its individual employees. The very nature of the police mission requires exacting standards of personal and professional conduct that are perceived as workable by every- one in the organization and in the community. In short, the public expects and demands service, irreproachable personal conduct, strong enforcement action, and a delivery process that is fair, honest, sensitive, courteous and equitable. These goals are best achieved by initial.ly selecting service oriented employees and by placing strong emphasis on personal attitude and conduct rather than solely on technical proficiency. It is for this reason that these new guide- lines are furnished. It is important to remember that as time passes there is a need to re- evaluate rules and we encourage a reasonable review process. This Manual has had extensive review and revision by staff, the members of the Police Asso- ciation, Personnel, legal and executive management. It is our hope that you and the City Council will approve and endorse this Police Department Manual of Rules and Regulations for early implementation. RLN:ksb Respectfully submitted, ROGER L. NEUMAN, CHIEF OF POLICE TO: All Police Department Employees and Other Members SUBJECT: Personnel Manual of Rules and Regulations The purpose of this Manual is to clearly articulate rules of ex- pected individual conduct for all employees and members by: 1. Establishing levels of authority and responsibility for all positions in the organization. 2. Defining expected rules of conduct and disciplinary possi- bi.Iities. 3. Providing reasonable and necessary organizational guidelines for developing and maintaining public trust and confidence in the police de- partment. 4. Encouraging personal and professional development by all de- partmental members. 5. Obtaining open, honest and ethical community and departmental relations 6. Seeking employee input and evaluation on processes and pro- cedures that require appropriate change. It shall be the duty and responsibility of each employee and member of the San Luis Obispo Police Department to become thoroughly - familiar with- the Rules and Regulations, Policies and Procedures, Directives and Orders, and other information officially distributed by the Department. ROGER. L. EUMAN CHIEF OF POLICE . ksb 2/78 R r LAW ENFORCEMENT CODE OF ETHICS As a Law Enforcement Officer, my fundamental duty is to serve mankind; to safeguard Fives and property; to protect the innocent against deception, the- weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all - -.to liberty, equality and justice. I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self- restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my Department.. Whatever I see or hear of a confi- dential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the per- formance of my duty. I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decisions. With no compromise for crime and with relentless prosecution of criminals, I will enforce the,law courteously and appropriately without fear or favor, malice or ill will, never employing un- necessary force or violence and never accepting gratuities. recognize the badge of my office as a symbol of public faith, and 1 accept it as a public trust to be held so long as I am true to the ethics -of the Police service. I will constantly strive to achieve. these objectives and ideals, dedicating myself before God to my chosen profession -- law enforcement. TABLE OF CONTENTS Pa e SECTION I . . . . DEFINITIONS . . . . 1 SECTION II . . . . . . . RESPONSIBILITY & AUTHORITY 2 SECTION . 1 1 I . . . . . . . . . DUTY . . . . . . . 13 SECTION IV . . . . . . . STANDARDS OF CONDUCT .. 15 SECTION V . . . . . . . . JUDICIAL RESPONSIBILITIES . . 17 SECTION VI. . . . . . VEHICLE AND EQUIPMENT 18 SECTION V11 . .. .DISCIPLINE 18 _.a (ii) 4; 1. DEFINITIONS Member,.Department Personnel, and Employee All persons on the Police Department payroll, including officers with full and limited peace officer authority, civilian employees, and members of the .Reserves. Officer Any member of the Department possessing full peace officer authority. Competent Authority and Supervisor Members of the Department who have been assigned supervisory authority over other Department personnel. Shall /Will. Indicates that the action required is mandatory. May Indicates that the action is discretionary. Order An instruction, either written or verbal, issued by a superior officer. Tense of Words Words used'in the present tense include the future. II. RESPONSIBILITY AND AUTHORITY OF COMMAND OFFICERS, LINE SUPERVISORS, PATROL OFFICERS AND OTHER PERSONNEL (Note: Duties not intended to be all inclusive. Personnel will perform other related work, as required.) A. Chief of Police 1. Responsibility a. Responsible for the planning, development, coordination and evaluation of departmental activities.. b. Responsible for overseeing the department's role as a resource to the city government and to other interested organizations: c. Responsible for insuring departmental understanding of and com- pliance with current legal requirements.. d. Responsible for the department's efficient and equitable per= sonnet administration. e. Responsible for administering the department's purchasing and financial activities. f. Responsible for overseeing the preparation of and administering of the departmental budget. g. Responsible for maintaining an awareness of, and involvement in, professional activities relating to law enforcement and criminal justice. ' h. Responsible for reviewing, and insuring appropriate action upon, general departmental correspondence. 2. Authority Is the Chief Executive Officer of the department and the f:inal.de- partmental authority in all matters of policy, operations and disci- pline. He exercises all lawful powers . of. the office and issues such lawful orders as are necessary to assure the effective.performance of. the department.. B. Police Captain 1. Responsibility. a. Responsible for the effective and efficient operations of all divisions. b. Responsible for the formulation and implementation of division policies. -2- c. Responsible for facilitating inter /intra - division communications. d. Responsible for providing the Chief with current operating data . and technical support. e. Responsible for providing all divisions with current analyses of complex procedural and I,egal matters,affecting division opera- tions. f. Responsible for supervision and coordination of training, assign- ment and evaluation of personnel.w,ithin the divisions. g. Responsible for periodic review of division.personnel and equipment.. h. Responsible for assigning and reviewing staff analyses of opera- tions activities to maintain on -going evaluation.of division performance. i. Responsible for assisting in.the preparation of budget requests: j. Responsible for the review and preparation of the appropriate division correspondence and special reports. k. Responsible for representing the Chief of Police in meetings with city officials and other interested persons to plan special, short term police operations or discuss interagency relations problems.. I. Serve as Acting.Chief of Police when assigned. m. Reports directly to the Chief of Police. 2. Authority a. Issue orders to all personnel in the appropriate division as may' be necessary,to promote the effective operation of all activities within such divisions. b. Assign and transfer all personnel within the appropriate divi- sions subject to approval by Chief of Police, c. Make disciplinary dispositions on m'inor infractions not re- quiring suspension, provided that all dispositions are reported in writing to the Chief.of Police. d. Make disciplinary recommendations, subject to approval of•the Chief of Police. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate per= sonnel in any division. Upon such action the Chief of Police shall be immediately notified. C. Administrative Aide 1. Responsibility a. Responsible for researching and writing responses to general departmental correspondence. b. Responsible for meeting with a wide variety of visitors to the Chief's Office to determine the nature of their concerns and to assist in resolving any problems they may have. c. Responsible for preparing special reports on departmental ad- ministrative issues. d. Responsible for conducting study and research to develop depart- mental long and short range ,plans and procedures. e. Responsible for coordination with Division Commanders to assist in facilitation of operations and reduction of duplicated efforts. f. Responsible for reviewing departmental reports and conducting program evaluations to assess current operating effectiveness and prepare recommendations for change. D. Administrative Sergeant 1. Responsibility a. Responsible for the preparation of statistical analyses and ; reports, b.' Responsible for compiling and analyzing data for use in depart - mental budget preparation and presentation. 7. -s c. Responsible for mon.1tori`ng departmental spending to insure com- pliance with budget requirements. d. Responsible for overseeing the.fiscal aspects of grant activities. e. Responsible for assisting in the preparation and administration of the departmental budget. f. Responsible for coordinating budget preparation and execution. g. Responsible to Police Chief for City Emergency Preparedness Programs. h. Responsible for supervision of clerical personnel assigned to Records and Communications Units. i. Provides staff assistance to administration. -4- E. Watch Commander _ Lieutenant 1. Responsibility a. Responsible for supervising section personnel including arranging._; for training, setting work priorities, evaluating performance and establishing work schedules.. b. Responsible for plann.ing patrol response to identified crime patterns and trends. C. Responsible for overseeing the development of section policy and procedure and, for the implementation of division and departmental . policy and procedure. d.. Responsible for coordinating intra - section activities and com- munications. e. Responsible for the evaluation of section performance. f. Responsible for reviewing and preparing section correspondence. g. Responsible for maintaining a knowledge of current police and section operational data. h. Responsible for assisting in preparing and administering the section's budget requests. i. Responsible for assuming field command of major or emergency . law enforcement problems. j.' Responsible for the preparation of periodic statistical and narrative reports. k. Responsible for the preparation of special staff studies and assignments. 2. Authority a. Assign and deploy all personnel in the assigned work unit 'subject to established policy. b. Issue orders to assigned personnel as necessary to comply with department policy and to promote effectiveness of the work unit.. c. Conduct counseling sessions in disciplinary matters. d.. Make disciplinary recommendations to immediate superiors. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel -5- o in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. F. Investigative Section Lieutenant 1. Responsibility ° a. Responsible for supervising.section, personnel, including arranging -y for.training, setting work. priorities, evaluating performance, and establishing work schedules. b. Responsible for overseeing the development of section policy and procedure and for the implementation of Division and Departmental policy and procedure. c. Responsible for reviewing all section investigation and in- telligence reports.. d. Responsible for coordinating intra- section activities and -com- munications. e. Responsible for promoting section operational efficiency through, inter /intra - section and divisional staff meetings. f. Responsible -for the evaluation of .section performance. g. Responsible for maintaining a knowledge of current police and section operational data.. h.. Responsible for preparing and administering the section's. budget. I.* Responsible for the preparation of periodic statistical and narrative reports and section correspondence. j. Responsible for the preparation of special staff studies. k. Responsible for.assum:ing field command of major investigations. I. Serves as Division Commander as required. 2.. Authority a. Assign and deploy all investigative personnel . in the assigned_ work unit subject to established policy. b. Issue orders to investigative personnel as necessary to comply with department policy and to promote effectiveness of.the work unit. c. Conduct counseling sessions in disciplinary matters. d. Make disciplinary recommendations to the Ch.ief or Captain. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. G. Sergeant 1. Responsibility a. Responsible for coordinating the activities of the units of his.. watch. Y b. Responsible for supervising watch personnel, including arranging for training, assign "ing work priorities to be met, and eva.luati.ng performance. c. Responsible for reviewing police_ reports in the absence of the Watch Commander. d. Responsible for developing effective patrol responses to identi fied crime patterns, trends and activities. e. Responsible for implementing departmental, division and section policies and goals, f. Responsible for channeling information between subordinates and management personnel. g. Responsible for providing for facility security. h. Responsible for the coordination of the Police Reserve Program. ri r i. Responsible for Victim Assistance Coordination. 2. Authority a. Assign and deploy all personnel in the assigned work unit subject to established policy. b. Issue orders to assigned personnel.as necessary to comply with department policy and to promote effectiveness of the work unit. c. Conduct counseling sessions in.di.sciplinary matters. d. Make disciplinary recommendations to immediate superiors. e. Relieve from duty under emergency suspension conditions, in accordance with established procedures, any subordinate personnel in the Division. Upon such action the Captain and Chief of Police shall be immediately notified. ._7- H. Police Officer — Team Leader 1. Responsibility a. Responsible for organi.zing and conducting community meetings in ..his or her assigned Sector to discuss crime prevention or reduc- tion methods or techniques with the general public.. b. Responsible for maintaining a continuing awareness of public safety needs in assigned Sector. c. Responsible for planning specific programs and activities designed to.suppress crime and criminal conduct using all available department and community resources. d.. Responsible for patrol of an. assigned Sector to provide quick response to calks for service; observe and report on all criminal activity including vice., and gather and forward appropriate in- formation. e. Responsible for providing counseling, referral and follow -up investigative service to ,resolve human crises. J f. Responsible for surveying of Sector for potential crime problems and offer reasonable and prudent solutions for the reduction of risks. 9. Responsible for attending business, civic, school, neighborhood and other community meetings as necessary to gather information and maintain an on -going awareness of community problems and concerns. h. Responsible for observation, reporting and follow =up on hazardous' conditions which pose a threat to public health, safety or increase.': community liability. i. Responsible for coordinating and communicating with other watch Sector officers, and the various Sections and Units within the department to accomplish Department and Sector goals and objec- Lives. j. Responsible for maintaining appropriate data and information on crime and public safety concerns to provide for effective" evaluation of Sector prevention and reduction programs. k. Responsible for soliciting input from other Sector Team Members relating to department procedures, equipment,'communication, training, and other areas of concern. Forward this information via the established chain of command for further evaluation and /or decision. I." Responsible for performance of all the duties of a police officer. I. Field Services Technicians 1. Responsibility a.. Responsible for responding to a wide variety of non- hazardous calls for service. Write reports and records of such calls, as necessary. b. Responsible for providing.traffic.control at the scene of acci- dents, Large gatherings and other non- hazardous incidents. c. Responsible for the care and control of all property received through the police department with the exception of physical evidence. d. Responsible for inspection of police vehicles to insure that all vehicles are properly serviced and ready for patrol. Deliver all police vehicles to the appropriate location for repairs and se r-. vice and return them to the police department. e. Responsible for issuing non - moving citations for equipment viola- tions, etc. Issue notices of violations for parking violations. f. Responsible for preparing reports on calls for service and testify in court, as required. g. Responsible for control and abatement of abandoned vehicles throughout the city. h. Responsible for assisting regular officers, team leaders, etc in crime control and reduction.programs throughout the city. 1. Other related f unctions as required by the on =duty watch commander. J. Police Officer - Patrol 1. Responsibility a. Responsible for responding to situations involving in- progress or recent criminal activity to restore or maintain order and to coordinate the gathering of information and evidence. b. Responsible for conducting in -depth investigations of criminal incidents, either independently or as part of a coordinated effort. c. Responsible for gathering and reporting intelligence information of possible use in solving or preventing crimes. d. Responsible for resoi.vi.ng conflicts of a potentially violent nature involving a wide variety of participants, including •family members, neighbors, landlords and tenants, mem chants and customers . and rival youth groups. e. Responsible for providing counseling., referral, and follow -up_ .services to resolve domestic and civil crises and assist in preventing criminality. f. Responsible for patrolling an assigned area to provide for quick response to calls for service, facilitate observation of criminal- activity or conditions conducive to criminality, and allow for .. the gathering of intelligence. - g. Responsi.ble for attending P.A.C.T., business, and,civic meetings recreation centers, and other community gatherings on a regular basis, to represent the department and maintain awareness of city problems and concerns. h. Responsible for observing, reporting and whenever feasible, following up on.conditions which pose potential threats to public safety and health. i. Responsible for providing rescue and first aid services in acci- dents, disasters and other emergency situations. j. Responsible for developing thorough knowledge of 'ba.sic criminal laws, criminal procedures, patrol techniques, and departmental rules and procedures. k. Responsible for completing in a proper and thorough manner all assignments made by the Field Training Officer and others of authority. . I. Responsible for successfully completing the basic police academy and relating that training to field use. m. Responsible for complying with all departmental rules and regu.- lations as set forth in the departmental manual. - K. Communications Technician 1: Responsibility a. Responsible for the receipt of information and requests for services from the public. b. Responsible for dispatching field units to scenes.of requests for service. c. Responsible for providing resource information.to field units, other agencies and the public. _in- d. Responsible for the maintenance of,indices of information at the front counter and in the Communications Center. e. Responsible for the dissemination of information on wanted. persons, property, warrants, etc. f.. Responsible for routine care of the communications equipment. g. Responsible for making proper entries into CLETS computer terminals and collecting and entering pertinent information into local data storage systems. . L. Identification Officer /Identification Technician ]. Responsibility a. Responsible for the taking, developing and printing of photo- graphs for evidence or identification. b. Responsible for collecting, receiving, classifying and indexing all fingerprints for identification purposes. c.. Responsible for collecting, recording, and analyzing physical evidence obtained at crime and accident scenes. d. Responsible for the inventory and purchase of photographic, fingerprint and evidence collection supplies. e. Responsible for assisting in the training of the Field Services Tech— hicians in proper methods of property care and control. f.' Responsible for preparing evidence for court presentation and for testifying as an expert witness in court. - g. Responsible for processing crime and accident scenes to obtain photographs, fingerprints, and other physical evidence. h: Responsible for testifying as a witness in civil or criminal court to present evidence for prosecution or defense. i. Responsible for transporting evidence, to and from the State: Satellite Crime Laboratory, j. Responsible for collecting and maintaining program statistics: M. Records Clerks 1. Responsibility a_ Typing, index'ing, filing and routing of all daily activities and reports of the department including arrest reports, crime reports, incident reports, accident reports, etc. b. Encourage and actively solicit development of records pro- cedures.and forms. c_ Make accurate daily entries and maintain the established police records filing system. d. Processing of arrest warrants and disposition forms. e. Sealing of adult and juvenile records in compliance with court . orders. f. Processing of court orders for the release from penalties. 2. Duties a. Collect fees and other monies for deposit in the proper account for services rendered. b. Help the public with requests and assistance. c. Provide necessary reports to members of this and.other authorized agencies and.officials. d. Ensure a complete and expeditious flow of necessary paperwork through the records office. e. Act as liaison between this agency and other agencies. f. Practice and adhere to the rules and regulations regarding public disclosures. g.• Act as guardian of the records of the police department. n. h. Author reports as necessary or as requested. N. Department Janitor 1. Responsibility - a. Responsible for using modern cleaning methods to maintain the interior and exterior of the police facility and adjacent parking.` structure. b. Responsible for the use, care.and storage of cleaning materials and equipment. c. Responsible for minor maintenance and repairs of building interior and . exterior, and cleaning equipment as necessary. d. Responsible for maintaining a safe working environment in and around the police facility. =12- 0 e. Responsible for for the needs of facility. J developing a maintenance schedule that provides the employees and the public who use the police f. Responsible for coordination and purchasing of the necessary supplies to accomplish the functions set forth above, III. DUTY A. General Responsibilities On -duty officers of the Department are responsible for maintenance of public order, the preservation of life and property, suppression of crime, and enforcement of applicable federal, state and local laws and ordinances. , B. Reporting for Duty Employees of the Department shall be punctual in reporting for duty at .the time and place designated by their supervising officer. Any inability to comply with these instructions shall be reported by the employee to the department prior to the time set for reporting. C. Duty.Responsibilities Members of the Department are always subject to duty although periodi- cally relieved of its routine performance. While on duty, they shall re- spond to the lawful orders of superior officers and other competent au- thorities as well as to calls for police assistance or-service from citi- zens. The administrative delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve members of other d.ivisions from the responsibility of taking prompt, ef- fective police action within the scope of those laws and ordinances when the occasion so requires.. Those assigned to special duties are not relieved from taking responsible action outside the scope of their specialized function when necessary. D. Off -Duty Reporting -Officers off duty shall, upon official.notice, report for duty as re- quired. Officers shall report Without notification in the event of major disaster, or any other emergency wherein it would reasonably be expected that the department would require the additional services of officers. E. Off -Duty Service Requirements Officers shall have regular hours assigned to them for active duty and when not so employed shall be considered "off duty ". However, for criminal offenses'occurring within the city limits or its sphere of influence, "off duty" officers are required to report such offenses and may take appropriate lawful enforcement action. -13 a V For criminal offenses occurring outside the city limits, off duty of- ficers are only authorized to take official action if they are withLn the scope of their employment. (See Government Code Section 815.2.) F. Physical Fitness for Duty Good physical condition shall be maintained as is consistent with job demands, and shall strive to.maintain the proper ratio of weight and height. G. Officer Assistance In times of peril, officers shall act together to assist, defend and protect each other from physical harm. Intentional failure to come to' the aid and assistance of another officer or officers shall be grounds for disciplinary action. If in doubt as to the propriety or legality of the situation, officers shall first take the required action, unless such action is clearly in violation of any statute or.law. H. Off_Duty Arrests Officers shall not make arrests arising out of personal quarrels or those of their family, except to prevent violence or serious bodily injury in cases where on duty personnel are not available. I. Outside Employment Employees shall report in writing on the proper forms, as required by the City Rules and Regulations policy on outside employment. Officers shall not accept outside employment as bartenders, ambulance or tow truck drivers, card dealers or provide services that would involve a potential conflict of interest with the stated mission and goals of the department. J: Rumors and Gossip Employees shall not engage in rumors, slanderous or malicious talk about fellow employees or the•public. The internal affairs and personalities of the department and its members shall not be discussed with anyone outside the department. K. Improper Use of Information Employees shall not ,make known any proposed movements of the department without permission of a commanding officer. Employees shall not use police equipment, facilities or files to gain information for personal use. L. Firearms Registration Officers shall register the firearms they intend to carry on or off duty.. as provided in the Operations Directive. -14- IV. STANDARDS OF CONDUCT A. Rules,.Knowledge of Department personnel shall become thoroughly familiar with and abide by. all written directives and procedures of the department. B. Personal and Professional Conduct Private and professional lives shall be conducted in a manner that does_ not reflect unfavorably upon the individual or-the organization or in ` a manner which would impair job performance, ponce service or activities. C. Conduct Toward Superior 'and Subordinate Officers While on duty, superior officers, subordinates and associates shall be treated with respect. In their professional relationships, employees shall establish and maintain a spirit of cooperation, courtesy, and civility. In order to maintain a professional decorum in,the eyes of the public, on -duty members of the _department shall be addressed by their title or rank when in the public presence. D. Receiving Orders and Conflicting Orders 1. Unlawful Orders No command or supervisory officer shall knowingly issue any order which is in violation of any law or ordinance or departmental rule or regulation.. 2. Obedience to unlawful orders ?' Obedience to an unlawful order is never a defense for an unlawful act;.-',.., therefore, no member or employee is required to obey any order which is contrary to Federal or State law or City Ordinance. Responsibility- for refusal to obey rests with the member. They shall be strictly required-to justify their action. 3. Obedience to unjust or improper orders Members or employees who are given orders they, feel to be unjust or' contrary to rules and regulations must.first obey the order to the best of their ability and then may proceed to appeal as provided below. 4. Conflicting orders Upon receipt of an order conflicting with any previous order or instructions, the member affected will advise the person issuing the second order of this fact, Responsibility for he the original instruction then rests with the individual issuing the second-order. If so directed, the latter command shall be obeyed f'irst. Orders will be countermanded or conflicting orders will be issued only when reasonably necessary for the good of the department. =15- E. Public, Partiality Toward All citizens shall be accorded equal treatment and protection under law. No employee shall exhibit or practice partiality for or,agai'nst any person...' because of race., sex, creed, position or influence. While on duty, no employee-shall speak d- iscourteously of any nationality, race, religion or of either sex. F. Political Activity Employees shall not represent their individual political activities as being endorsed by the Police Department, nor take part in political activities of any kind while representing the department or while in uniform. G. Alcohol Unless authorized by a supervisor, no employee shall drink any alcoholic beverage while on duty. Employees shall not drink any alcoholic beverage, while in uniform or any part thereof, whether on or off duty. Employees shall not report for duty under the influence of alcohol /drugs, nor shall they exhibit any indication of having consumed same. H. Smoking Employees of the Department shall not use tobacco when making initial contacts or at any time which would compromise the safety of the individual officer or other person. Employees shall use good judgment and common courtesy when using tobacco in the presence or view of citizens. I. Business Cards Business cards or personal cards which refer to the Department shall be used only in connection with police business, and shall conform with the city approved type. Officers shall not inscribe business cards with any message which purports to exempt the bearer thereof from the processes of this or any other department, or which purports to grant the bearer any.,­' special privileges. J. Address and Telephone Numbers Department personnel are required to maintain working telephones in their '. residences. Correct telephone numbers and addresses are to be recorded with the department and if a change in either is made, it shall be re- ported i'n writing to the department within 24 hours. Addresse's and telephone numbers of departmental Personnel shall not be given out without the consent of the person involved, unless otherwise required by -law. K. Use of Department as a Mal Iing Address Employees shall not use the Department as a mailing address for mail or merchandise which is.not directly related to their official duties or as an address complying with the motor vehicle.registration on licensing provisions. L. Attorneys and Bail Bondsmen_ On duty employees shall not post bail for any person arrested, nor shall they recommend a specific attorney or bondsman. Interested persons shall.be referred to the yellow pages of the telephone book. M. Contributions - Rewards — Gratuity Employees shall not solicit o'r accept, directly or indirectly, any contribution, reward,. gift,. or anything of value from any citizen, firm or organization. Should any reward, gratuity, present, or unauthorized compensation come into an employee's possession, it shall be immediately forwarded to the Chief of Police, accompanied by a written report outlining all circumstances connected therewith. N. Officers Bearing The public will often judge the Police Department on the basis of the bearing and appearance of the individual officers in public view. Each officer's bearing, manner and deportment shall be maintained at a high standard of professionalism. Officers shall maintain an alert and attentive attitude toward their work. 0. Deportment Employees, whether on duty or off duty, shall be governed by the ordinary and reasonable rules of good conduct and behavior, and shall not commit any act tending to bring reproach or discredit upon them- selves, the department or the city. P. Information Officers shall keep themselves well informed as to departmental matters including rules and regulations, operations directives, special orders, bulletin boards, information, memorandums, etc. V. JUDICIAL RESPONSIBILITIES A. Civil Actions Employees shall not institute any civi•I action arising out of their official duties without first advising the Chief of Police in writing, -17- Occupants of a city police vehicle are - generally restricted to em- ployees, other law enforcement personnel, prisoners, victims, witnesses, complainants, or others authorized to ride under the guidelines of official department programs. Patrol officers shall notify the dis- patcher when passengers are riding in a police vehicle. VII. DISCIPLINE A. D i'sc.i p line Discipline is utilized to maintain the professional standards of the organization. Discipline is generally defined as training, although it may assume many forms in order to achieve its objectives. In essence, disciplire.As dispensed in order to improve employee conduct and to maintain adherence to organizational rules and regulations. -18- 0 0 B. Court Appearances. Employees appearing before any court or public hearing shall be dressed either in full uniform or consistent with a professional bearing and courtroom standards. C. Testifying Against the City Any employee subpoenaed to testify against the City or Police Depart- ment in any - hearing or trial shall notify the Chief of Police and; when, appropriate, the District Attorney or City Attorney, in writing. VI. VEHICLES AND EQUIPMENT A. All equipment which is the assigned responsibility or under the control of an individual employee shall be clean, in good working order, and conform to department specifications. -Each employee assigned such equipment is responsible for its care and maintenance,: They shall report promptly any damage, loss, or theft of such equipment to the watch commander who will forward a copy of the report to the Chief of Police. B. Department'Vehicles 1. Department vehicles shall not be misused, abused br overextended by department personnel. Departmental vehicles shall be used for - official_ police business only. 2. Police vehicle -- security. Unless, impossible or impractical because of duty requirements, employees shall lock the ignition and doors and retain the keys on their person when leaving a department vehicle. unattended. C. Police Vehicle - Passengers Occupants of a city police vehicle are - generally restricted to em- ployees, other law enforcement personnel, prisoners, victims, witnesses, complainants, or others authorized to ride under the guidelines of official department programs. Patrol officers shall notify the dis- patcher when passengers are riding in a police vehicle. VII. DISCIPLINE A. D i'sc.i p line Discipline is utilized to maintain the professional standards of the organization. Discipline is generally defined as training, although it may assume many forms in order to achieve its objectives. In essence, disciplire.As dispensed in order to improve employee conduct and to maintain adherence to organizational rules and regulations. -18- m 0 B. Forms of Discipline 0 1. Social Training: An educational program directed to an employee which is sponsored and /or endorsed by the department. 2. Counseling: Advice, admonition, or guidance provided to insure proper conduct. 3. Reprimand: An official written censure of an employee's conduct. 4. Suspension: A temporary removal from employment with loss of pay for the duration of the suspension. a. By agreement of both the Chief of Police and the employ.ee, one of the following may be taken in lieu of suspension: (1) Extra duty: An assignment of "extra duty" beyond the employee's regular work schedule. (2) Voluntary surrender of accumulated overtime, vacation time, or pay incentive or differential. 5. Disciplinary Probation: A trial period in which an employee's performance within the organization is re- evaluated. Disciplinary probation shall not be for more than six conclusive months. Dis- missal may result from unsuccessful performance during this period. 6. Reduction of pay: A withdrawal of salary increments previously granted as "merit increases ", as provided in the current salary resolutions. 7. Demotion: A reduction in position from one job classification to another. 8. Dismissal: Termination of employment. 9. Criminal prosecution. C. Causes for Disciplinary Action Causes for disciplinary action against any employee may include, but shall not be limited, to the following: 1. Conviction of a felony or misdemeanor under the laws of the State of California. A plea or verdict of guilty or a plea of nolo contendere is deemed to be a conviction within the meaning of this section. 2. Intoxication while on duty. -1Q- 3. Incompetency, inefficiency, inattention, or inexcusable neglect of duty. 4. Insubordination or willful disobedience of orders. 5. Dishonesty.. 6. Unauthorized or inexcusable absence without leave,'or unauthorized use of sick leave.. 7. Discourteous treatment of the public or other employees. 8: Addiction to the use of alcohol, narcotics, or habit = forming drugs. 9. Misuse, abuse, or appropriation for personal use, of City property, evidence or found property, 10. Violation of any of the provisions of the Personnel Rules and Regulations or of any departmental policy, directive or rule and regulation.. 11. Violations of the Vehicle Code. 12. Knowingly making, causing to be made, or submitting a false state- ment or report. 13.. Malicious, disparaging, or slanderous remarks, writings, etc. directed at another departmental member. D. Departmental Authority to Discipline Final departmental disciplinary authority and responsibility rests with the Chief of Police. Except for counseling and emergency suspensions, all departmental discipline must be taken or approved by the Chief of.Police. Although departmental authority rests with the Chief of Police, all disciplinary actions involving suspension, demotion or removal must be approved by the City Administrative Officer. E. Failure to Discipline Failure of a supervisory officer to take proper disciplinary steps when required shall be deemed insubordination and dealt with accordingly. F. Scope of Supervisory Authority Supervisory personnel, other than the Chief of Police, may take the following corrective measures: 1. Counsel subordinates. -20- 2. Recommend written reprimand. 3. Invoke emergency suspension. 4. Make written recommendations for disciplinary measures. G. Emergency Suspension 0 Any supervisor has the authority to impose an emergency suspension effective until the next business day,against a member or employee when such action is in the immediate best interest of the department. H. Emergency Suspension Follow -Up The recipient of an emergency suspension shall.report to the office of the Chief of Police on the next business day unless otherwise directed by competent authority. The command or supervisory officer who imposes or recommended the suspension shall also report to the Chief of Police at the same time. The Department may, from time to time, issue orders and directives not contained in this Manual. All employees of the Department shall acquaint themselves with Operational Directives, Personnel Rules and Regulations, and other Department or City regulations. RLN:ksb - - - : ROGER L: EUMAN CHIEF OF POLICE -21- r. . . C f MYO �.. ' ONSPLo on R Of, FOR SERVICFS RENDERED TO THE CITY OF SAN LUIS K M . i . . . m. NEWBY. WHEREAS, Howard M. Newby has just retired from the Southern California Gas Company after 31 years of service; and WHEREAS, the range of services rendered to the communities of San Luis Obispo County by Howard are almost too numerous to specify; and WHEREAS, Howard's spirit of friendship and goodwill have made our community of San Luis Obispo just a little bit better place to live; and WHEREAS, Howard has resided in this community and has lived as a good citizen; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Howard M. Newby's efforts,be acknowledged and appreciated on behalf of a grateful and admiring community. On motion of Councilman Settle , seconded by .Councilman Jorgensen , and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of April, 1978. Fitzpatrick, City Clerk Kenneth E. Schwartz, Ma R 3551 12 /J RESOLUTION NO. 3550 (1978 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENT TO LEASE FOR CONSTRUCTION OF RACQUETBALL /HANDBALL COURTS. BE IT RESOLVED by the.Council of the City of San Luis Obispo as follows: SECTION 1. This Council hereby approves an amended property description to be filed with the Ground Lease approved by Resolution No. 3224 for construction of racquetball /handball courts by San Luis Obispo Courthouse Racquetball /Handball Courts, a limited partnership. The Mayor is authorized to execute the amendment to the agreement. SECTION 2. The City Clerk shall furnish a copy of this resolution together with a copy of the executed amendment to San :Luis Obispo Courthouse Racquetball/ Handball Courts, the Director of Public Services and the City Engineer. On motion of Councilman Settle seconded by Councilman Jorgensen, and on the following roll call vote: AYES: Councilmen Dunin, Jorgensen, Petterson, Settle and Mayor Schwartz NOES: None ABSENT: None the foregoing Resolution was passed ATTEST: Ci erc . Fitzpatrick Approved as to form: WENDT, MITCHELL, SINSHEIMER, de la MOTTE & LILLEY n City Attorney A 4. ktm 4/5/78 this 18th day of April 1978. I Approved as to content: City Administrative 0 icer R 3550 AMENDMENT TO LEASE REGARDING DESCRIPTION OF PARCEL 1 The Ground Lease adopted by Resolution No. 3224 (1977 Series) on January 18, 1977, has been amended by Resolution of the San Luis Obispo City Council on February 21, 1978, to provide for a modifica- tion to the real property description of said Ground Lease, Parcel No. 1, being more particularly described in Exhibit "A" attached hereto and made a part hereof by this reference.. Executed' this 4f' day of March, 1978, at Ventura, California. TENANT SAN LUIS OBISPO COURTHOUSE RACQUETBALL/ HANDBALL COURTS a limited partnership By ` Dennis Kut ler, General Partner Executed this day of 1978, at San Luis Obispo, California. APPROVED AS TO YO;RM: CITY CITY OF SAN LUIS OBISPO n By s% KENNETH E. SCHWARTZ Mayor Kenneth E. Schwartz By s% J. H. FITZPATRICK City Clerk J.H. Fitzpatrick City Attorney - WENDT, MITHCELL SINSHEIMER, de la MOTTE & LILLEY by Allen Grimes APPROVED AS TO CONTENT: City Administrative fficer Director of Public Services City Tih4er AREA TO BE LEASED: Parcel 1. That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the Surveyor General, described as follows: Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo, by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Official Records of San Luis Obispo County, which is South 30' 41' West 1248.71 feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on ma,p of a portion of said Section 36, recorded in Book 3, at page 34, of Records of Surveys; thence leaving said North,,;esterly line North 72' West a distance of 826 feet to a point., said point being the Southwesterly corner of the property conveyed to Emily Allen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 522, at page 134 of Official Records; thence North 30` 41' East along the Northwesterly line of the property so conveyed a distance 43.00 feet, thence North 59' 19' :-lest a distance of 7.00 feet to the true point of beginning, thence North 28' 08' 30" East a distance of 134.67 feet; thence North 61' 51' 30 West a distance.of 97.33 feet; thence South 28' 08' 30" West a distance of 104.00 feet; thence North 61' 51' 30 "West a distance of 6.00 feet; thence South 28' 08' 30" West a distance.of 36.67 feet; thence South 61' 51' 30" East a distance of 36.00 feet,; thence North 28' 08' 30" East a distance of 6.00 feet; thence South 61'. 51' 30 East a distance of 67.33 feet to the true point of beginning. AREA FOR MAINTENANCE, INGRESS AND EGRESS EASEMENT: Parcel 2. That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the Surveyor General, described as follows: Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo, by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Offic ial Records of San Luis Obispo County, which is South 30' 41' West 1248.71 feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on map of a portion of said Section 36, recorded in Book 3, at page 34, of Records of Surveys; thence leaving said Northwesterly line North 72' West a distance of 826 feet to the true P.O.B., said point being the Southwesterly corner of the property conveyed to Emily Ellen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 552, at page 134 of Official Records; thence North 30' 41' East along the Northwesterly line of the property so conveyed a distance 180.67 feet; thence North 59' 19' West a distance of 180.33 feet; thence South 30' 41' West a distance of 165.00 feet; thence South 18' 00' West to the Northerly line of Southwood Drive; thence South 72' 00' East to the true P.O.B. Excepting therefrom Parcel 1. EXHIBIT "A" Page 1 of 3 pages r w I� c� 1 1 C=100' NSON P�- P�GROoNp 30�A S28 °08' 30'.IN 104.00 N61051'30 "W 6.00 S28 008'30 "W 36.67 - S61 °51'30 "E _ 36.00 fl28 °08130 "E _ �6 3.31 30, PARCEL. I 6.00 561"51'30 "E _ 67.33 PSOUTHWOOD 372 060 00 a u O D Q M 2 N23 08'30 "E, 134.67 1\159°f9-Co-W zoo TRUE PO.B. 52208134 — 43.00' N72000b0 w 826.00 DRIVE S PORTION OP SECTION 36 T305 R12E M.C)M. CO. RD. 257 N O D 0 O M CO L Li Q J J N M O_ PROPERTY TO BE LEASED TO BKB ASSOCIATES EXHIBIT `.A' TPG /esm JUNE, (977' EXHIBIT "A" Page 2 of 3 pages r I.. =100 r OJaO jprt4SON pLP�G 590 1900 *'IJ 180.33 5 30041 * 00 •'I'1 165.00 518'00 C0�4`! PARCEL l IPARCEL 2 R,RCEL A (F640R500) 572 00 SOUTHWOOD L#Fj 0 0 0 0 M 2 N72 00000 W 826.00 DRIVE I PORTION OFSECTION 36 7,305 FUZE M.C1M. EASEMENT AREA BKB ASSOCIATES EXHIBIT ..E EXHIBIT "A" Page 3 of 3 pages CO. RO. 257 ro P' N 0 00 O h Q� (/ TN [J I� ry'"I LL O J P O. B. TPGAsm JUNE, 1977