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Steve Rudolph

Steven Rudolph's presentation lasted an hour.

Red square Hear the presentation here (MP3, 1:02)

CSD lawyer Steven Rudolph took a wide-ranging look at the powers of CSD Security in a presentation Wednesday night at the Community Services District Building. About 60 people attended and heard a view of Security's powers that will shake the beliefs of Murietans who think Security can function like a police department.

You can hear the presentation here. It runs a little more than an hour.

Below is the text from the slides that accompanied Rudolph's presentation. The slides were the outline of the speech.

 

INTRODUCTION
Why are we here tonight?

  • Community questions regarding District Security -- roles, functions, authority, limitations
  • Revisions in the law
  • Understand community security needs, desires
  • Start to explore options


PRESENTATION OVERVIEW

  • Authority of Community Services Districts
  • Distinction between authority of Community Services Districts and cities and counties
  • Authority and functions of District Security Services
  • Planning for the future security service needs of Rancho Murieta


PRESENTATION THEMES
The powers and authority of the District are much more restricted than the power and authorities of the state, county or cities.
District Security officers are not law enforcement officers and have very limited authority

AUTHORITY OF COMMUNITY SERVICES DISTRICTS
Statutory Powers of Community Services Districts

  • The statutory powers of the District are found in the California Government Code
  • The District has authority to perform particular governmental functions and services within a specific territory
  • The District may only exercise authority which has been specifically granted to it by state law

 

AUTHORITY OF COMMUNITY SERVICES DISTRICTS
Types of Services a Community Services District May Provide

  • The types of services that the District may provide are expressly listed in Section 61100 of the Community Services Districts Law
  • Some of the services that a District may provide include: supplying water; collection, treatment, and disposal of waste water, maintenance of recreational facilities; security services; police services; garbage collection, and, library services

 

Examples of Statutory Services

  • “Provide police protection and law enforcement services by establishing and operating a police department that employs peace officers pursuant to ... the Penal Code.” Gov’t Code 61100(j)
  • “Provide security services, including, but not limited to, burglar and fire alarm services, to protect lives and property.” Gov’t Code 61100(j)

 

Examples of Statutory Services

  • “Provide and maintain public airports and landing places for aerial traffic, ...” Gov’t Code 61100(o)
  • “Acquire, construct, improve, maintain and operate community facilities, including, but not limited to, community centers, libraries, theaters, museums, cultural facilities, and child care facilities.” Gov’t Code 61100(s).

 

AUTHORITY OF COMMUNITY SERVICES DISTRICTS
Authorization of Services by LAFCO

The Local Agency Formation Commission (LAFCO) must authorize the District to perform those services listed in the Community Services Districts Law
Services Provided by Rancho Murieta Community Services District

  • Waste supply collection, treatment, and distribution
  • Wastewater collection, treatment and reuse
  • Storm drainage collection, disposal and flood control
  • Security
  • Solid Waste collection

 

AUTHORITY OF COMMUNITY SERVICES DISTRICTS
Types of Security Services

  • Rancho Murieta Community Services District’s operation of an in-house security services is unique
  • Four other community services districts provide security services through a contract with a private security company

 

DISTINCTION BEWEEN DISTRICT AND COUNTY/CITIES
Authority to Regulate Personal Conduct

  • The California Constitution authorizes the state, counties and cities to regulate personal conduct for the general welfare, and to promote safety, public health, morality, peace and quiet, and law and order
  • This authority is known as the “police power” of the state, counties and cities


DISTINCTION BEWEEN DISTRICT AND COUNTY/CITIES
Definition of Police Power

  • The term “police power” is distinct from the authority of peace officers or law enforcement personnel
  • It is a legal term used to describe the authority of the state, counties and cities for regulation of personal conduct
  • Police means to control, regulate or keep in order

 

DISTINCTION BEWEEN DISTRICT AND COUNTY/CITIES
Police Power Regulations

Examples of police power regulations include:

  • Animal control
  • Possession and use of firearms
  • Possession and use of alcoholic beverages
  • Curfews
  • Loitering
  • Noise limitations
  • Traffic and vehicle regulations, and
  • Business licensing


DISTINCTION BEWEEN DISTRICT AND COUNTY/CITIES
Delegation of Police Power Authority

  • The California Constitution permits the state to delegate police power only to counties and cities.
  • The state may not delegate police power to any other entities, such as community services districts.

District May Not Enact Police Power Ordinances

  • A community services district may not enact ordinances to regulate personal conduct, because it does not have police power authority

 

DISTINCTION BEWEEN DISTRICT AND COUNTY/CITIES
District May Enact Ordinances for Administration of Services and Maintenance of District Facilities

  • A community services district may adopt ordinances for the administration of services, and the operation, use and maintenance of district facilities.

Applicability of State and County Laws within Rancho Murieta

  • State and county laws are applicable within the boundaries of Rancho Murieta Community Services District
  • Vehicle Code is not enforceable within gated areas


AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Function of District Security Officers

  • The authority and functions of District security officers are similar to those provided by private security firms.
  • Exemption from Private Security Services Act
  • District security officers are exempt from licensing requirements as they are employees of a political subdivision of the state
  • However, the District requires its security officers to be licensed for training purposes and because it is required to carry a firearm


AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Function of District Officers

  • The primary function of District security officers is to protect persons and property through the prevention of criminal conduct by being visible in the community
  • Where prevention of criminal conduct is not possible, the function of a security officer is to observe and report to the sheriff

 

AUTHORITY AND FUNCTION S OF DISTRICT SECURITY
District Security Officers are not Peace Officers

  • Peace officers are defined by statute
  • District security officers are not classified under any category of law enforcement or quasi-law enforcement officers.
  • Off-duty peace officers sometimes augment the District security force

 

AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Authority to Make Arrests

  • The authority of District security officers to make an arrest is the same as a private person making a citizen’s arrest
  • After a District security officer makes an arrest, the security officer must turn the person who has been arrested over to the sheriff without delay
  • If a person resists arrest, the security officer is allowed, but not required, to use use reasonable force to subdue the person

 

Penal Code Section 836.5

  • A public officer or employee, when authorized by ordinance, may arrest a person ... whenever the officer or employee has reasonable cause to believe that the person ... has committed a misdemeanor in the presence of the officer or employee that is a violation of a statute or ordinance that the officer or employee has the duty to enforce.

 

Enforcement of Regulations

  • The District Board may confer on uniformed district employees the power to issue citations for misdemeanor and infraction violations.
    • of state law, city or county ordinances, or district ordinances when the violation is committed within a facility owned or managed by the district and in the presence of the employee issuing the citation. Gov Code Section 61064
    • of District ordinances within District boundaries and in the presence of the employee

 


AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Detention

  • Except in limited situations, a district security officer does not have the authority to detain a person, without affecting an arrest

 

AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Weapons Search

  • When a District security officer has reason to believe that a person has a weapon and intends to harm him or her, the District security officer is entitled to perform a search of that person
  • A District security officer is entitled to search a suspect for a weapon while making an arrest, if the security officer has reason to believe he or she is in physical danger

 

Citation Authority

  • District security officers have the authority to issue misdemeanor citations for violations of District ordinances that occur anywhere within the District boundaries
  • District security officers have the authority to issue misdemeanor and infraction citations for violations of state law and county ordinances, if the violation occurs on District-owned property and in the presence of the security officer issuing the citation
  • District security officers have the authority to issue citations for violations of covenants, conditions and restrictions (CC&Rs) of homeowners associations within the District

 

AUTHORITY AND FUNCTIONS OF DISTRICT SECURITY
Presentation by Security Chief

  • District security officer certifications and training
  • District security officers interaction with the sheriff’s department and district attorney’s office
  • What residents can do to help District security officers


PLANNING FOR THE FUTURE OF RANCHO MURIETA

  • Public testimony
    • Comments, concerns, questions
  • Future meetings
    • Further information, community input on security need and desires
    • Formulation and consideration of options
  • Options available to District
    • Wide range of options available depending upon community need, desires and available funding

 

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