sworn vs non sworn officers?

[nickt916]

seems like most stations have a certain number of sworn officers and non sworn officers, are those "reserve" officers or volunteers? do you perform different jobs?

[McGruff]

Non-sworn officers typically consists of community service officers, cadets, parking enforcement, etc. Reserves are sworn officers with duties depending on the level of academy you went through. Each department utilizes their Reserve officers differently.

[1tyme]

RSO has the following: Community Service Officer (CSO) - Transports
prisoners, organizes volunteers and works evidence.

Sheriff's Service Officer (SSO) - Works in logistics,
data entry and manages inmate labor program.

Correctional Deputy (CD) - Works in custody and
executes all job duties of sworn deputies with the
exception of inmate transport, front lobby duty and
perimeter security.

[Munlaw]

A question from a Canadian...

If a City Code Compliance/Enforcement Officer is PC 832 certified, what additional powers does that Code Officer have other than issuing tickets or summonses for city code and related regulatory laws ?

[McGruff]

RSO has the following: Community Service Officer (CSO) - Transports prisoners, organizes volunteers and works evidence.

Question - Are your CSO's armed during the transport? I would think/hope that a firearm is readily available in case of an escape.


A question from a Canadian...

If a City Code Compliance/Enforcement Officer is PC 832 certified, what additional powers does that Code Officer have other than issuing tickets or summonses for city code and related regulatory laws ?

Well it really depends on your department policy and is outlined in your MOU. PC 832 is defined as powers of arrest and firearm. Most, if not all, security jobs require PC 832 and a CCW permit to carry. Just because your 832 certed doesn't mean you automatically get to carry. Like I said, it's all up to your department. Code Enforcement Officers typically don't carry.

[DOAcop38]

A question from a Canadian...

If a City Code Compliance/Enforcement Officer is PC 832 certified, what additional powers does that Code Officer have other than issuing tickets or summonses for city code and related regulatory laws ?

City code enforcement officers are considered "public officers"(NOT peace officers/sworn) they can issue citations,make misdemeanor arrests,even -in some cities- make warrant arrests. The status they have is mainly to execute their authority to investigate certain local violations(substandard properties/housing,illegal dumping,parking violations,zoning violations,etc) without "fear" of accusation of illegal arrest by the people they are investigating... Here in California ,their authority is derived from CA. Penal code section 836.5 .RARELY are code enforcement officers ARMED,and RARELY do they actually transport people to jail (IN Los angeles the Street use inspectors have "ramped up" and have become aggressive in their enforcement efforts by making MORE arrests,often even felony arrests-"WHY",I don't know)

http://www.lacity.org/BOSS/StreetUseInspectors/law.htm

http://ph.groups.yahoo.com/group/LA_OFFICERS/photos/view/62ec?b=5

[Munlaw]

Well it really depends on your department policy and is outlined in your MOU. PC 832 is defined as powers of arrest and firearm. Most, if not all, security jobs require PC 832 and a CCW permit to carry. Just because your 832 certed doesn't mean you automatically get to carry. Like I said, it's all up to your department. Code Enforcement Officers typically don't carry.

I realized that Code Enforcement Officer don't carry firearms (Although I imagine some may carry long guns for the sole purpose of destroying a badly injured animal if the Code Officer also doubles as a ACO/Humane Officer)

I was wondering more along the lines of a PC 832 Certified Code Officer issuing summons/ticket to some youths he/she catches drinking beer in the park, or arresting a town drunk and handing them over to police for the drunk's own safety...

Here in Canada, we have something similar to Code Enforcement Officers, they are called Bylaw Enforcement or Municipal Law Enforcement Officers (or in Alberta: Community Peace Officers); the exception being that these enforcement officers in Canada have varying degrees of Peace Officer Status depending on the Province, with Alberta's Officers having the greatest Peace Officer powers, including the power of arrest, and the issuance of tickets and summonses for traffic (including moving violations), liquor violations, trespassing, and some arrest on warrants...It's quite common for these Enforcement Officers to carry batons, OC Spray, Handcuffs and carry out arrests in Alberta and the Northwest Territories, but less common in other provinces...

It's quite common for these Enforcement Officers in AB and NWT to arrest town drunks/fail to appear in court/failing to pay a fine and lodge them into Police cells...

Here in Ontario, as a Municipal Law Enforcement Officer, I am a Peace Officers for all municipal laws, the Province's Dangerous Dogs Act, and the a few other laws...

[Munlaw]

(IN Los angeles the Street use inspectors have "ramped up" and have become aggressive in their enforcement efforts by making MORE arrests,often even felony arrests-"WHY",I don't know)

http://www.lacity.org/BOSS/StreetUseInspectors/law.htm

http://ph.groups.yahoo.com/group/LA_OFFICERS/photos/view/62ec?b=5

I've heard about these LA Street Use Inspectors before, and remembered reading that they make a fair number or arrests...

[125M1]

In Alberta a Community Peace Officer appointment covers the authority to enforce Provincial and Federal Statutes (that are listed on the appointment) not Municipal By-Laws.

A By-Law Enforcement Officer is appointed by a Municipal Council as required by the Municipal Government Act. A By-Law Officer has no authority to make arrests or pull over vehicles. One person can hold both appointments but there are a lot of municipalities that have Officers with only one appointment.

[Munlaw]

In Alberta a Community Peace Officer appointment covers the authority to enforce Provincial and Federal Statutes (that are listed on the appointment) not Municipal By-Laws.

A By-Law Enforcement Officer is appointed by a Municipal Council as required by the Municipal Government Act. A By-Law Officer has no authority to make arrests or pull over vehicles. One person can hold both appointments but there are a lot of municipalities that have Officers with only one appointment.

I thought all By-law Enforcement Officers in Alberta had to be appointed as a Community Peace Officer II to enforce any laws, including By-laws...I knew that CPO I's were getting the right to enforce some criminal code sections, like shoplifting and some others...I thought that By-law Enforcement Officers ceased to be such, and became CPO IIs when Alberta passed the Peace Officers Act; and Municipal Special Constables became CPO I when that same laws was passed...

Maybe I wasn't very clear in differentiating Municipal Law/By-law Enforcement Officers in other provinces versus Community Peace Officers in Alberta...

[Stugotz]

This may or may not answer your questions...

I am PC832 cert'ed and work in County code enforcement. We're required to take the PC832 course to understand laws of arrest and search/seizure; it also helps when we're called to testify in court as we can say we're peace officer trained and cert'ed. Our authority is limited to enforcement of the zoning code (misd/infractions) on private property. Our "crimes" amount to illegal land uses: keeping inoperable vehicles, living inside garages, building illegal structures, operating unpermitted businesses, posting illegal signage, etc. It's almost entirely quality-of-life issues. We wouldn't cite for things like drinking in the park or dumping in the street because the zoning code doesn't regulate those crimes, nor does it regulate problems occurring in public space. While the zoning code says we can "arrest", we don't physically make arrests; rather, we arrest violations by issuing Notice of Violation letters. If we exhaust the process and don't achieve compliance, we refer the case to the D.A.'s code enforcement unit.

We don't carry firearms (so, the PC832 firearms section is optional and paid for out-of-pocket). But then again, we're all by civil service classification city planners assigned to the enforcement division within the planning department. As such, most of my partners do not want to carry firearms or even resemble sworn officers vis a vis uniforms, duty belts, etc. We're fortunate to be teamed with D.A. Investigators and Deputy Sheriffs in the field so we don't worry much about being assaulted anymore.

Let me know if you have any more questions... :D

[Munlaw]

This may or may not answer your questions...

I am PC832 cert'ed and work in County code enforcement. We're required to take the PC832 course to understand laws of arrest and search/seizure; it also helps when we're called to testify in court as we can say we're peace officer trained and cert'ed. Our authority is limited to enforcement of the zoning code (misd/infractions) on private property.

So I gather from what you write, just because you are a PC 832 Certified Code Enforcement Officer, the doesn't make you a limited-authority Peace Officer...

It's different here in Ontario, Canada...Every Municipal Law Enforcement Officer is a Peace Officer for municipal laws (S. 15(2) of the Police Services Act)...We have the authority to issue tickets and summonses for offences contrary to municipal law and the Dog Owner's Liability Act (and the Smoke Free Ontario Act, for those of us who are specially appointed by the Minister of Health Promotion)...We can also enter any property (including residential property excluding the house itself), any business to inspect for compliance with the law, we don't need search warrants; we can take photographs and seize items connected to an offence...For example, if we believe that someone has used pesticides in a manner contrary to municipal law, we can seize samples of the soil without a warrant...

There is no general power of arrest for violations of municipal or provincial law unless the particular law provides for a power of arrest...

My counterparts who do zoning enforcement can enter a barn without a warrant or permission to determine if it is actually being used for agricultural purposes as the law states rather than the barn being a cover for a small factory operating in a non-industrial zoned area...

The only thing we need a warrant for is to search someone's actual house...

We work independently of the police, the only time police are involved is if we fear for our safety or a joint investigation...

[Stugotz]

Exactly, Mun! It's like graduating from a police academy, but if you don't get hired as a sworn LEO, you don't have police powers. That happens a lot. Some graduate but go on to park rangers, code enforcement, animal control... all limited peace officer authority.

Regarding property access and how it relates to "searches," generally here, code enforcement officers have as much access as a mail carrier or gas meter reader. That is, we can go onto a property without permission to the front door, a side door, a back house to make contact. If we are asked to leave, or if we are refused access, we can obtain an inspection warrant (civil warrant) to inspect the property and document evidence of violations.

[Munlaw]

Regarding property access and how it relates to "searches," generally here, code enforcement officers have as much access as a mail carrier or gas meter reader. That is, we can go onto a property without permission to the front door, a side door, a back house to make contact. If we are asked to leave, or if we are refused access, we can obtain an inspection warrant (civil warrant) to inspect the property and document evidence of violations. It used to be somewhat like wrote above for Municipal Law Enforcement Officers here in Ontario many years ago; but with a few changes in law, and Court of Appeal and Supreme Court of Canada rulings, Municipal Law Enforcement Officers, Conservation Officers, Labour Inspectors and other Regulatory Officers have very wide powers of entry, search and seizure (with the exception of actual inside of the house), as it relates to Regulatory law...We don't need to notify anyone that we are entering the property, but in practice, lots of us do when appropriate...