HomeMy WebLinkAbout17 COUNCIL BADGE ORD AMEND, ORD 1342 09-04-07'y ~ AGENDA REPORT
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Agenda Item 17
Reviewed:
City Manager
Finance Director N/A
MEETING DATE: SEPTEMBER 4, 2007
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: DOUG HOLLAND, CITY ATTORNEY
SUBJECT: INTRODUCE AND WAIVE READING OF AN ORDINANCE AMENDING
SECTION 1260 OF THE TUSTIN CITY CODE RELATING TO CITY
COUNCIL BADGES
SUMMARY
This action recommends an amendment to the recently adopted council badges
ordinance in response to an opinion of the Attorney General. This ordinance would
allow the City Manager to devise appropriate means of identification for members of the
City Council consistent with the provisions of state law and the Attorney's General
Opinion.
RECOMMENDATION
It is recommended that the City Council .introduce and hold first reading of Ordinance
No. 1342 by title only. Instruct the City Attorney to forward the Attorney General opinion
to all former members of the City Council and advise them of the potential liability
suggested therein.
FISCAL IMPACT
No fiscal impact from the proposed actions is anticipated.
BACKGROUND
The City Council recently adopted an ordinance that established a protocol for the
issuance of city council badges. On July 30, 2007, the California Attorney General
issued an opinion that essentially provided that the issuance of badge that falsely
purports to be authorized, or would deceive an ordinary person into believing that is
authorized, for use by a peace officer would be in violation of state law.
In order to ensure that the City's new policy does not conflict with the Attorney General's
interpretation of law, the City Attorney's Office is proposing that Section 1260 of the
Tustin City code be amended to:
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1. Provide for a definition of "badge" to include virtually anything that could be used
for identification purposes, including not just badges by "credentials or such other
form of identification" that does not conflict with state law.
2. Expressly provide that a badge shall not be designed so that an "ordinary
reasonable person would be deceived into believing that such badge is
authorized for use by a peace officer or that the badge could indicate
membership in an organization whose name would reasonably be understood to
imply that the organization is composed of law enforcement personnel."
3. Certain terms, including "peace officer, "police officer," "police," "law
enforcement," would be prohibited from use on any badge.
This Office believes that this amendment will ensure that the City will be in full
compliance with state law while providing a protocol for the issuance of appropriate
identification for members of the City Council
Doug Holland,
City Attorney
ORDINANCE NO. 1342
AN ORDINANCE OF THE CITY OF TUSTIN, CALIFORNIA,
AMENDING SECTION 1260 OF THE TUSTIN CITY CODE
RELATING TO CITY COUNCIL BADGES
The City Council of the City of Tustin, California, ordains:
Section 1. Section 1260 of the Tustin City Code is amended to read:
1260 ISSUANCE OF BADGES
A. For the purposes of this Part, the term "badge" shall mean a badge, credentials,
or such other form of identification as allowed or provided under this Code or
state law.
B. The City Manager is authorized to issue to each member of the City Council a
city badge designating the member as a member of the City Council, Mayor pro
tem, or Mayor. No member of the City Council shall have more than one badge
at any time during such member's term of office.
C. The size, shape, and content of each badge shall not be designed in such a
manner that an ordinary reasonable person would be deceived into believing that
such badge is authorized for use by a peace officer or that the badge could
indicate membership in an organization whose name would reasonably be
understood to imply that the organization is composed of law enforcement
personnel. The terms "peace officer, "police officer," "police," "law enforcement,"
or any similar term shall not be used on any badge issued pursuant to the
provisions of this Part. The City Manager shall consult with the Police Chief and
the City Attorney on the design of any badge proposed to be issued to a member
of the City Council.
D. Each badge issued shall have a unique serial or identification number and the
City Manager shall maintain records containing the serial or identification number
of each badge, the date of issuance, and the name and resident address of the
member of the Council to whom the badge is issued.
E. Each member of the City Council to whom a badge is issued shall reimburse the
City for the cost of the badge in the event the badge is destroyed through the
member's negligence or the badge is lost.
F. The City Manager shall formulate and implement rules and regulations consistent
with, and in furtherance of, the provisions of this Part.
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Section 2. The provisions of this Ordinance shall become effective at 12:01 am on
the thirty-first day after passage or the date.
PASSED, APPROVED, AND ADOPTED this day of 2007.
LOU BONE,
Mayor
ATTEST:
PAMELA STOKER
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF TUSTIN )
PAMELA STOKER, City Clerk and ex-officio Clerk of the City Council of the City of
Tustin, California, does hereby certify that the whole number of the members of the City
Council of the City of Tustin is five; that the above and foregoing Ordinance was passed
and adopted at a regular meeting of the City Council held on the day of
2007, by the following vote:
COUNCILPERSONS AYES:
COUNCILPERSONS NOES:
COUNCILPERSONS ABSTAINED:
COUNCILPERSONS ABSENT:
PAMELA STOKER,
City Clerk
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