Monday, April 29, 2013

Does your department have authority to raise funds through taxation? If so, what factors or processes are involved? Discuss the ways in which you are associated with taxing, spending, or both.



I was not sure what to answer to this question but I did mention this to my Community Partner, and this was her reply to me:


This is all relative to any government position. We are last to get incentives when times are good and first to get the boot during rough economies.

Reliant upon any public entity?



Does your job rely on money or services provided by any public entity? Are the money and services provided in a consistent and reliable manner or are you subject to periodic application, approval, re-application, etc.? How does this consistency, or lack thereof, affect your department's operations? Do other people or organizations rely on your department to provide funding?



The Sheriff's department does receive grants which support certain special operations such as CalMet (drug task force), RATIFF (recovery of stolen vehicle), etc.

The grants are renewed yearly, some bi-annually. These grants provide opportunities for deputies to explore a different type of law enforcement function and allows them to expand service to the public.  
In as much as these positions which are based on grants provide more positive output to the agency, budget cuts and other financial inconsistencies do not guarantee a permanent position. A deputy risks the chance of getting into a more permanent position within the department.

Interfacing with Local Governmental Units

           My Community Partner definitely interfaces with local governmental units, but not politicians. During my ride-alongs, we often would respond to calls and work side by side with specific Police Departments in order to hand over paperwork if crimes were committed in their jurisdiction rather than the Sheriff Department. My Community partner also works for the judicial government and therefore interacts with judges, attorneys, and other law enforcement agencies.
           In the courtroom, my Community partner serves as a bailiff. She ensures proper conduct is being practiced during court hearings, and provides safety and security in the courtroom.
           Out on the streets, although there is specific jurisdiction that each law enforcement agency follows, Santa Clara Sheriff deputies have their full powers intact regardless if they are on or off duty. They also can step into other jurisdictions if they must back-up Police Departments in situations which require a lot of manpower. Regardless if you are a Sheriff Deputy or Police Officers, you are both sworn peace officers of the law.
          However, my Community Partner, Deputy Helen Camua says "I do not "interface" or rub elbows with politicians. There has been no local leader that has impacted me in a positive way. As a matter of fact, most local government officials are against law enforcement and continue to find ways to screw with the budget affecting us negatively to make them look good in public."


Governors and my CP

         The duties of a Sheriff and it's deputies are to enforce all state and local government rules. The way a Governor would have the authority to make an impact on my Community Partner's operations is by pushing for changes in the laws which they enforce, or altering the budget distribution. In 2012, my Community Partner's department took a huge hit of 21 million being cut from their Annual Budget. This made a huge impact on their operations because many people got chunks cut from their paychecks, or even work hours. Since our Governor serves as the Chief Executive of the state of California, their responsibilities also include making annual State of the State Addresses to the California State Legislature, ensuring enforcement of state laws and submitting the budget.



So the answer would be both yes and no. The Governors always have an impact on state law enforcement agencies. However, each department is still bound to their own policies and procedures which we must adhere to. The Governor may influence law enforcements on a broader aspect, but the nitty gritty work is independently established.
 




Constitutionally Mandated?

          The Santa Clara Sheriff's Department has been in existence since 1850. It is considered one of the oldest law enforcement agencies in California. It went from being a one-man operation to a multi-million dollar operation. Their job is constitutionally mandated     
         
 I will post the Penal Code 830.5 which links to federal codes that describe their functions as law enforcers. It is important we understand the authority they

which links to federal codes that dedcribe our function as law enforcers. It is important that we understand the authority they are given to govern the citizens of this country!



830.5.  The following persons are peace officers whose authority
extends to any place in the state while engaged in the performance of
the duties of their respective employment and for the purpose of
carrying out the primary function of their employment or as required
under Sections 8597, 8598, and 8617 of the Government Code, as
amended by Section 44 of Chapter 1124 of the Statutes of 2002. Except
as specified in this section, these peace officers may carry
firearms only if authorized and under those terms and conditions
specified by their employing agency:
   (a) A parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, probation officer, deputy
probation officer, or a board coordinating parole agent employed by
the Juvenile Parole Board. Except as otherwise provided in this
subdivision, the authority of these parole or probation officers
shall extend only as follows:
   (1) To conditions of parole, probation, mandatory supervision, or
postrelease community supervision by any person in this state on
parole, probation, mandatory supervision, or postrelease community
supervision.
   (2) To the escape of any inmate or ward from a state or local
institution.
   (3) To the transportation of persons on parole, probation,
mandatory supervision, or postrelease community supervision.
   (4) To violations of any penal provisions of law which are
discovered while performing the usual or authorized duties of his or
her employment.
   (5) (A) To the rendering of mutual aid to any other law
enforcement agency.
   (B) For the purposes of this subdivision, "parole agent" shall
have the same meaning as parole officer of the Department of
Corrections and Rehabilitation or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice.
   (C) Any parole officer of the Department of Corrections and
Rehabilitation, or the Department of Corrections and Rehabilitation,
Division of Juvenile Parole Operations, is authorized to carry
firearms, but only as determined by the director on a case-by-case or
unit-by-unit basis and only under those terms and conditions
specified by the director or chairperson. The Department of
Corrections and Rehabilitation, Division of Juvenile Justice, shall
develop a policy for arming peace officers of the Department of
Corrections and Rehabilitation, Division of Juvenile Justice, who
comprise "high-risk transportation details" or "high-risk escape
details" no later than June 30, 1995. This policy shall be
implemented no later than December 31, 1995.
   (D) The Department of Corrections and Rehabilitation, Division of
Juvenile Justice, shall train and arm those peace officers who
comprise tactical teams at each facility for use during "high-risk
escape details."
   (b) A correctional officer employed by the Department of
Corrections and Rehabilitation, or of the Department of Corrections
and Rehabilitation, Division of Juvenile Justice, having custody of
wards or any employee of the Department of Corrections and
Rehabilitation designated by the secretary or any correctional
counselor series employee of the Department of Corrections and
Rehabilitation or any medical technical assistant series employee
designated by the secretary or designated by the secretary and
employed by the State Department of Mental Health or any employee of
the Board of Parole Hearings designated by the secretary or employee
of the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, designated by the secretary or any superintendent,
supervisor, or employee having custodial responsibilities in an
institution operated by a probation department, or any transportation
officer of a probation department.
   (c) The following persons may carry a firearm while not on duty: a
parole officer of the Department of Corrections and Rehabilitation,
or the Department of Corrections and Rehabilitation, Division of
Juvenile Justice, a correctional officer or correctional counselor
employed by the Department of Corrections and Rehabilitation, or an
employee of the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, having custody of wards or any employee
of the Department of Corrections and Rehabilitation designated by
the secretary. A parole officer of the Juvenile Parole Board may
carry a firearm while not on duty only when so authorized by the
chairperson of the board and only under the terms and conditions
specified by the chairperson. Nothing in this section shall be
interpreted to require licensure pursuant to Section 25400. The
director or chairperson may deny, suspend, or revoke for good cause a
person's right to carry a firearm under this subdivision. That
person shall, upon request, receive a hearing, as provided for in the
negotiated grievance procedure between the exclusive employee
representative and the Department of Corrections and Rehabilitation,
Division of Juvenile Justice, or the Juvenile Parole Board, to review
the director's or the chairperson's decision.
   (d) Persons permitted to carry firearms pursuant to this section,
either on or off duty, shall meet the training requirements of
Section 832 and shall qualify with the firearm at least quarterly. It
is the responsibility of the individual officer or designee to
maintain his or her eligibility to carry concealable firearms off
duty. Failure to maintain quarterly qualifications by an officer or
designee with any concealable firearms carried off duty shall
constitute good cause to suspend or revoke that person's right to
carry firearms off duty.
   (e) The Department of Corrections and Rehabilitation shall allow
reasonable access to its ranges for officers and designees of either
department to qualify to carry concealable firearms off duty. The
time spent on the range for purposes of meeting the qualification
requirements shall be the person's own time during the person's
off-duty hours.
   (f) The secretary shall promulgate regulations consistent with
this section.
   (g) "High-risk transportation details" and "high-risk escape
details" as used in this section shall be determined by the
secretary, or his or her designee. The secretary, or his or her
designee, shall consider at least the following in determining
"high-risk transportation details" and "high-risk escape details":
protection of the public, protection of officers, flight risk, and
violence potential of the wards.
   (h) "Transportation detail" as used in this section shall include
transportation of wards outside the facility, including, but not
limited to, court appearances, medical trips, and interfacility
transfers. 
 
http://law.onecle.com/california/penal/830.5.html