MEETING DATE
6/27/2013 |
BUREAU SUBMITTING THIS REPORT
Executive Office |
RESEARCHED BY (PRINT NAME)
Charles Evans |
REVIEWED BY (PRINT NAME)
Alan B. Deal |
REPORT DATE
06/06/2013 |
APPROVED BY
Robert A. Stresak |
DATE APPROVED
06/12/13 |
PURPOSE
Decision Requested |
FINANCIAL IMPACT
No
|
| ISSUE, BACKGROUND, ANALYSIS, & RECOMMENDATION |
| ISSUE: |
| Should the Commission Oppose Unless Amended AB 739 (Salas), which adds Government Code (GC) 27513 for the purpose of allowing volunteer and/or part-time personnel to serve as deputy coroners to perform the statutory duties of a coroner? |
| BACKGROUND: |
The sponsor of the AB 739 (Salas) Coroners, the Kern County Sheriff/Coroner represents a large rural county. In rural counties, there can be significant delay in the response of coroners to conduct required death investigations and related responsibilities. The use of part-time or volunteer personnel with appropriate training would allow for greater efficiencies in counties with limited resources.
Penal Code section 830.35 (c) describes the authority of coroner and deputy coroners, regularly employed and paid in that capacity, of a county, as peace officers if their primary duties include those set forth in Government Code sections 27469 and 27491 to 27491.4, inclusively.
The Coroners' Death Investigation Course is the minimum basic training standard for coroners and deputy coroners. Commission Regulation 1005 (a)(4) requires that every coroner or deputy coroner [as defined in Penal Code section 830.35(c)], regularly employed and paid as such, shall satisfactorily complete the PC 832 Arrest and Firearms Course, POST Administrative Manual (PAM) section D-1-7, before the exercise of peace officer powers. Completion of the Coroners' Death Investigation Course, PAM section D-1-6 must occur within 12 months from date of appointment.
Prior to appointment, persons hired as coroner and deputy coroners must satisfy the peace officer selection requirements described in PAM sections 1950 (a) and (b). |
| ANALYSIS: |
Staff recognizes that rural counties face many challenges in addressing the needs of the communities they serve. The California State Sheriffs Association (CSSA) acknowledges the challenge by supporting AB 739. Staff's concern is related to the precedent this change will have on POST funding and resources.
Assembly Bill 739 purports to allow for the use of fully qualified part-time or volunteer personnel of a coroner's office to perform coroner responsibilities. The issue for the Commission to consider is whether to add financial support for volunteer and part-time coroner personnel. This means that the Commission would take on the added responsibility to administer selection and training requirements for volunteers and part-time individuals.
This would include verification of compliance with selection requirements, making the Coroners' Death Investigation Course available to part-time and volunteer coroner and deputy coroners, and could allow for POST reimbursement for participation in the training.
Commission regulation prohibits, part-time personnel, retired peace officers, and civilian volunteers from being eligible for POST training reimbursement. Section 1015 (c) of the POST Administrative Manual provides that: “Training reimbursements will be made only for full-time employees (i.e., peace officers and appropriate professional staff) attending certified courses in an on-duty status or when appropriate overtime or compensatory time off is authorized.”
Contrary to the provisions of AB 739, POST does not have a role regarding the selection and training of part-time employees or volunteers, that have been authorized by local law enforcement agencies’ to perform voluntary services.
Over the years, the Commission has consistently opposed efforts to expand access to the Peace Officer's Training Fund (POTF) to persons other than peace officers, public safety dispatchers and designated professional staff. This fund, authorized by Penal Code section 1464 enables the Commission to develop and provide critical training and other resources to California law enforcement agencies to help them serve the needs of the public and their respective communities.
The provisions of AB 739 would expand the designation of peace officer, to include part-time and volunteer personnel, in conflict with Penal Code section 830.35(c), which requires: “(c) The coroner and deputy coroners, be regularly employed and paid in that capacity, of a county, if the primary duty of the peace officer are those duties set forth in Government Code sections 27469 and 27491 to 27491.4, inclusive, of the Government Code."
The POTF should not incur costs associated with training part-time personnel and volunteers at the expense of providing critical training to peace officers, public safety dispatchers and other designated professional staff whose sole responsibility is ensuring public’s safety.
Assembly Bill 739 would impact peace officer selection and training and redirect training funds for full-time peace officers to part-time or volunteer personnel.
During this period of fiscal constraint, it is incumbent upon the Commission to be vigilant stewards of peace officer training and resources provided to law enforcement. While some agencies are currently struggling with layoffs and/or the lack of funds to hire law enforcement professionals, it would not be fiscally prudent to redirect limited training funds designated for full-time peace officers and public safety dispatchers to support the training of part-time or volunteer private civilians. |
| RECOMMENDATION: |
| Staff recommends that the Commission authorize the Executive Director to Oppose Unless Amended AB 739. |
| ATTACHMENT(S): |
| Name: |
Type: |
| No Attachments Available |
|
|