TO DATE COUNCIL FILE No. ,, .- THE COUNCIL MAY 2 3 2005 FROM COUNCfL DISTRICT THE MAYOR TRANSMITTED FOR YOUR CONSIDERATION. PLEASE SEE ATTACHED. From: June tagmay i ~ /) Leg. Coord'r, Mayor /J1 JAMES K. HAHN MAYOR CAO 649-d LOS __ j_'JGELES POLICE COMMI~ .~ON BOARD OF RICHARD M. TEFANK POLICE COMMISSIONERS EXECUTIVE DIRECTOR ANDRE BIROTIE, JR. DAVIDS. CUNNINGHAM, Ill INSPECTOR GENERAL PRESIDENT ALAN J. SKOBIN EXECUTIVE OFFICE VICE PRESIDENT SUITE 144-150, PARKER CENTER JAMES K. HAHN 150 N. Los ANGELES STREET CORINA ALARCON MAYOR Los ANGELES, CA 90012 RICK J. CARUSO ROSEOCHI (213) 485-3531 PHONE JULIE VALENZUELA (213) 485-8861 FAX COMMISSION EXECUTIVE ASSISTANT II May 12,2005 BPC#OS-0138 #05-0l38A The Honorable James K. Hahn Mayor, City of Los Angeles City Hall, Room 303 Los Angeles, CA 90012 Attn: June Lagmay Dear Mayor Hahn: RE REQUEST AN APPROVAL REGARDING THE EVALUATION AND FEASIBILITY OF ASSIGNING UNIFORMED OFFICERS ON OVERTIME STATUS TO WORK AT CITY AND PRIVATE VENUES OR AS AUTHORIZED BY GOVERNMENT CODE SECTION 54069.3 At the regular meeting of the Board of Police Commissioners held Tuesday, May 10, 2005, the Board APPROVED the Department's report and Executive Director's report relative to the above matter. The Board requests that subject to your approval, this matter be forwarded to the City Council for their approval. Respectfully, lONERS Commission Executive Assistant Enclosure c: Chief of Police Public Safety Committee Attn: Adrienne Bass .tl EQUAL EMPLOYMENT OPPORTUNITY- AFFIRMATIVE ACTION EMPLOYER Recyceble and made 'B.Pc-~os-013 ~A C:-1-t ' • INTRlh.~PARTMENTAL CORRESPONDEl.~E RECEIVED MAY 0 5 2005 May 5, 2005 1.0 POLICE COMMISSION TO: Honorable Board ofPolice Commissioners FROM: Executive Director, Board ofPolice Commissioners SUBJECT: ANALYSIS OF DEPARTMENT EVALUATION OF THE FEASIBILITY OF ASSIGNING UNIFORMED OFFICERS ON OVERTIME STATUS TO WORK AT CITY AND PRIVATE VENUES RECOMMENDED ACTIONS: 1. That the Police Commission adopt the recommendations included in the Department report. 2. That the Police Commission request the City Attorney to provide guidance as to the legality of the Department's recommended action. 3. That the Police Commission direct the Commission Investigation Division, in concert with the Department, and other stakeholders to review the current practice of off­ duty/retired motor officers staffing City filming locations. DISCUSSION: I concur with the recommendations of the Department in this report. I have had the opportunity to provide input to the Department based on my past experience and knowledge in this area. The report needs to be evaluated in two parts; First, "off-duty" police officers working and being compensated directly by a private entity and secondly, uniformed off-duty and retired motor officers at City filming locations. · The Department's report addresses the viability of providing the opportunity for Business Improvement Districts (BIDS), along with other currently approved public and private entities to contract for dedicated police services with the Los Angeles Police Department. I believe the current list of Department approved entities can be expanded to include commercial shopping venues, commercial events, and other venues identified by the Department as being appropriate in the interest of public safety. The current practice of requesting the services of "off-duty" Los Angeles Police Officers, employing the officers, and compensating them directly for their services is, in my personal knowledge and experience, not an acceptable "best practice" in California. Honorable Board ofPolice L.Anmissioners Page2 1.0 The Department report addresses the various issues and provides the appropriate rationale to change the process of allowing for the contracting of dedicated law enforcement resources. 'Fhis process allows for those entities that have an identified need to be provided the opportunity to obtain those resources, while not placing a burden on the rest of the community serviced by the respective area. Officers are compensated at their normal rate of time and one-half pay, along with an administrative fee. The only issue is the acceptance ofliability on the part of the City in entering into contract arrangements either through the acts of the officers or in the event an officer is injured and a workers compensation claim is made. I believe the current practice of the "off-duty'' police officer wearing the Department uniform, badge, and service weapon present a far greater liability since they are not, at the time of service, an "on-duty'' peace officer. As to the second part of the report that deals with the issue ofuniformed off-duty/retired motor officers at City filming locations, there are several different issues that need to be evaluated. Since Commission Investigation Division (CID) is tasked with regulating Private Security Operators, I recommend that this issue be assigned to CID in order to evaluate, along with the Department and various stakeholders, the "best practice" model that is contemporary into today's law enforcement environment. Separating the issues will allow the Department to work with the various stakeholders in developing the necessary policies, procedures, and resources to implement a plan for the contracting of law enforcement services. This will also provide the City Attorney's Office the opportunity to consider the various legal issues in concert with the Department. Should you have any questions please dQnot hesitate to contact me. -~ t:>fC!#Vs- c ~~ INTRAuEPARTMENTAL CORRESPONDEr~CE ~-t)+-1 April 29, 2005 3.3.1 RECEIVED TO: The Honorable Board of Police Commissioners RIVJEWEDMAY_ ·a 2 2005 FROM: Chief of Police .. ·.·.· ·.· ,:~rc-ssr~ ~. ·.- ... ,_--~.- ~NK... l ~ SUBJECT: EVALUATION OF THE FEASIBILITY OF ASSIGNING UNIFORMED OFFICERS ON OVERTIME STATUS TO WORK AT CITY AND PRIVATE VENUES RECOMMENDED ACTIONS 1. That the Board of Police Commissioners approve this report. 2. That the Board of Police Commissioners transmit this report to the City Council, Public Safety Committee. 3. That the Board of Police Commissioners approve, in concept, private entities contracting with the Los Angeles Police Department to provide supplemental law enforcement services for venues, special events, Business Improvement Districts, or occurrences that take place on an occasional basis as authorized by Government Code Section 53069.3. DISCUSSION On August 7, 2002, Councilmembers Cindy Miscikowski and Dennis Zine, of the Public Safety Committee (PSC), presented a motion asking the Los Angeles Board of Police Commissioners (Commission) to consider the implementation of a policy that would allow uniformed off-duty1 Los Angeles Police Department (Department) office-r§ the opportunity to work "security" for Business Improvement Districts (BIDS). The PSC requested the Commission cause research into the aforementioned policy and forward the recommendations to the PSC when completed. On May 4, 2004, the Department presented its initial policy recommendations to the Commission. After studying the recommendations prepared by Personnel Group, the Commission requested that the Department conduct additional research into the feasibility of allowing private entities, that are potential targets for terrorist attack, the opportunity to hire uniformed off-duty officers during heightened security levels of alert. 1 "Uniformed Off-Duty" is defined as officers who work private venues during off-duty time, while in uniform, who are compensated directly by the venue. The Honorable Board of Police Commissioners Page2 3.3.1 In response to the above request, on September 30, 2004, the Department submitted an Intradepartmental Correspondence to the Commission entitled, "Supplemental Report to Uniformed Off-Duty Officers as Security for Business Improvement Districts." The correspondence included other law enforcement agencies' policies regarding uniformed off-duty officers' employment at various locations within their respective jurisdictions. The correspondence listed several reasons why it would not be in the best interest of the City and the Department to allow uniformed off-duty officers to work as security guards at BID locations. Lastly, the correspondence recommended that the Department conduct further research to examine the liability and prudence of continuing to allow uniformed off-duty officers the ability to work directly for private entities such as the Hollywood Bowl, Los Angeles Coliseum, Los Angeles Convention Center, Los Angeles Sports Arena, Staples Center, etc. (Addendum 1). This report not only addresses the above issues, but it also proposes a policy change that would allow private entities to contract for supplemental police services. Discussion of a method in which the Department can create a new section, or augment an existing section, to implement and oversee contracts for uniformed officers on overtime status2 to provide supplemental police services is included. REVIEW OF DOCUMENTATION The information in this report was obtained from the following sources: Former Department completed staff work regarding off-duty employment and special events, a " best practices" search conducted by Special Projects Section, Planning and Research Division (PRD), and several interviews of Department and outside law enforcement personnel regarding the planning of special events (Addendum 2). The following Department documents were reviewed. Copies of the documents have been retained by PRD and are available by request. • Cost of Special Events Report for the Office of the