2007 California Vehicle Code Article 2. The California Highway Patrol

CA Codes (veh:2250-2269)

VEHICLE CODE
SECTION 2250-2269



2250.  The California Highway Patrol in the Department of the
California Highway Patrol consists of the following members: the
commissioner, the deputy commissioner, assistant commissioners,
chiefs, assistant chiefs, captains, lieutenants, sergeants, and
officers.



2250.1.  (a) The commissioner shall establish special designations
of peace officers within the Department of the California Highway
Patrol to assist in the transfer of responsibilities from the
California State Police Division to the Department of the California
Highway Patrol.  The peace officers so designated include all peace
officers of the former California State Police Division on July 11,
1995.  These specially designated peace officers are peace officers
as defined in subdivision (a) of Section 830.2 of the Penal Code.
   (b) Peace officers designated in subdivision (a) shall become
members of the Department of the California Highway Patrol, as
described in Section 2250, by meeting the training requirements and
qualifications for those positions as established pursuant to Section
19818.6 of the Government Code or with the approval of the State
Personnel Board Executive Officer.
   (c) Individuals granted reemployment or reinstatement on or after
July 12, 1995, to peace officer positions formerly within the
California State Police Division shall be reinstated to the peace
officer designations established by the commissioner pursuant to this
section.


2251.  All promotions to the classes of deputy chief, assistant
chief, captain, lieutenant, and sergeant shall be made from
promotional eligible lists resulting from promotional examination of
persons in the next lower class.


2252.  Such specialized positions as shall be designated by the
commissioner with the approval of the Personnel Board shall be filled
pursuant to open competitive examinations held pursuant to law.



2253.  For the purpose of determining the scope of employment of any
member of the California Highway Patrol under the workers'
compensation laws, any such member shall be deemed to be on duty and
acting within the scope of the person's employment when actually
exercising any of the powers or performing any of the duties imposed
or authorized by law at any time during the 24 hours of the day.



2254.  In the event any dispute arises between the department and
any of its members in an industrial disability case, such member or
his attorney, upon demand, shall be entitled to examine any record of
the department or of the State Compensation Insurance Fund which has
any bearing on said case.


2255.  No member of the California Highway Patrol, appointed to
serve in any county, shall be assigned by the commissioner for
service outside the county for a longer period than one week, except:

   (a) Pursuant to a request by the employee for a transfer.
   (b) As may be necessitated by temporary traffic emergencies
requiring an increase in the number of patrol members in one locality
or seasonal changes making expedient a decrease in the number of
patrol members in one locality, but in such latter events no
assignment shall be made for disciplinary purposes.
   An assignment under this section shall be made by the
commissioner.



2256.  Notwithstanding Section 18932 of the Government Code, the
minimum age limit for appointment to the position of  entry level
peace officer of the Department of the California Highway Patrol,
shall be 21 years, and the maximum age limit for examination shall be
35 years.



2257.  The commissioner shall issue to each member of the California
Highway Patrol a badge of authority with the seal of the State of
California in the center thereof, the words "California Highway
Patrol" encircling the seal and below the designation of the position
held by each member to whom issued.



2258.  Neither the commissioner nor any other person shall issue a
badge to any person who is not a duly appointed member of the
California Highway Patrol.


2259.  The Department of the California Highway Patrol shall pay to
the member, or his estate, the cost of repairing the uniforms and
equipment of the member of the California Highway Patrol which are
damaged in the line of duty. If the uniforms or equipment are damaged
beyond repair, the department shall pay an amount equal to the
actual value thereof at the time the damage occurred, which shall be
determined by the commissioner.
   The term "equipment," as used in this section, shall include
equipment required by the department or personal accoutrements
necessary for the patrol member to perform his duty.



2259.5.  The commissioner shall make certified bulletproof vests
available to members of the California Highway Patrol while engaged
in enforcement activities.  The commissioner may, at his option, make
such equipment available to the remainder of the personnel of the
California Highway Patrol.  Such equipment shall remain the property
of the Department of the California Highway Patrol and shall be
returned upon request of the commissioner.  No provision of this
section shall be construed to require that the commissioner provide
one certified bulletproof vest for each member of the California
Highway Patrol.  It is the intent of this section that a sufficient
number of such vests be available for the use of members of the
California Highway Patrol while engaged in enforcement activities.
Such vests may be passed from one shift to another in the interests
of economy.



2260.  The commissioner may advance the cost of, or obtain and
furnish, one complete uniform, including such items of clothing and
equipment as may be required by the commissioner, to each new member
of the California Highway Patrol hereafter employed.  The cost to the
commissioner shall be deducted from the salary of such member in
installments within the first year after he has completed the
training school.



2261.  A uniform substantially similar to the official uniform of
members of the California Highway Patrol shall not be worn by any
other law enforcement officer or by any other person except duly
appointed members of the California Highway Patrol and persons
authorized by the commissioner to wear such uniform in connection
with a program of entertainment.  A uniform shall be deemed
substantially similar to the uniform of the California Highway Patrol
if it so resembles such official uniform as to cause an ordinary
reasonable person to believe that the person wearing the uniform is a
member of the California Highway Patrol.



2262.  The commissioner shall establish a school for the training
and education of the members of the California Highway Patrol, and
for such other employees of the department deemed necessary, in
traffic regulation, in the performance of the duties of such persons,
and in the proper enforcement of this code and laws respecting use
of the highways.  He may contract with any county, city, district, or
other subdivision of the State for the use of school facilities in
the training of enforcement officers.



2263.  Shooting practice and instruction in the use of firearms
shall constitute part of the training to be given to members of the
California Highway Patrol.  Firearm training may be given in
connection with the school or otherwise and may include participation
by patrol members in shooting competition.



2264.  The commissioner may procure and issue appropriate  badges to
patrol members for excellence in marksmanship.



2265.  The Department of the California Highway Patrol shall not
assess against any member of the department the cost of replacing any
article of uniform clothing or accessories which employees are
required to wear when the replacement is necessary as a result of a
change in uniform regulations by the department after the effective
date of this section.



2266.  (a) The Legislature finds and declares all of the following:

   (1) The communications operators of the Department of the
California Highway Patrol are among the lowest paid when compared to
operators employed by other law enforcement agencies in the state.
The department's communication centers suffer from significant staff
shortages and high turnover rates.  Increasing the wages paid to
these communications operators will increase their professionalism
while reducing their rate of turnover.
   (2) The recruitment and retention problem is especially evident in
the classifications of Communications Operator I and II.
   (3) In order for the state to recruit and retain the highest
qualified and capable communications operators, those employees
should be compensated in an amount equal to the estimated average
total compensation for the classifications corresponding to
Communications Operator I and II within the police departments in the
Cities of Los Angeles, Oakland, San Diego, and San Jose and the City
and County of San Francisco.
   (4) According to the Department of the California Highway Patrol,
it costs the department thirty-six thousand one hundred ninety-eight
dollars (,198) to train a Communications Operator I and sixty-five
thousand two hundred two dollars (,202) to train a Communications
Operator II to their respective classifications.  After the
department has trained an operator, all too often the new, fully
trained operator will move to a local agency to a higher wage.
   (5) This section is not in violation of the Ralph C. Dills Act
(Chapter 10.3 (commencing with Section 3512) of Division 4 of Title 1
of the Government Code), which requires that changes for salaries
and benefits be collectively bargained between representatives of the
state and the employee's union.  This section does not circumvent
that process.  This section simply authorizes the Department of
Personnel Administration, when determining compensation for
communications operators in the Department of the California Highway
Patrol, to consider the total compensation for communications
operators in other jurisdictions.
   (b) When determining compensation for communications operators in
the Department of the California Highway Patrol, the Department of
Personnel Administration may consider the total compensation for
communications operators in comparable positions in the police
departments specified in paragraph (3) of subdivision (a).




2267.  (a) No person shall be appointed as a member of the
California Highway Patrol who is not a citizen of the United States.

   (b) A member of the patrol appointed prior to the effective date
of this act who is not a United States citizen shall become a United
States citizen at the earliest possible time.  Inability or failure
to comply with this subdivision shall result in termination of
employment.



2268.  (a) Any member of the Department of the California Highway
Patrol, as specified in Sections 2250 and 2250.1, shall be capable of
fulfilling the complete range of official duties administered by the
commissioner pursuant to Section 2400 and other critical duties that
may be necessary for the preservation of life and property.  Members
of the California Highway Patrol shall not be assigned to permanent
limited duty positions which do not require the ability to perform
these duties.
   (b) Subdivision (a) does not apply to any member of the California
Highway Patrol who, after sustaining serious job-related physical
injuries, returned to duty with the California Highway Patrol and who
received a written commitment from the appointing power allowing his
or her continued employment as a member of the California Highway
Patrol.  This subdivision applies only to commitments made prior to
January 1, 1984.
   (c) Nothing in subdivision (a) entitles a member of the California
Highway Patrol to, or precludes a member from receiving, an
industrial disability retirement.



2269.  (a) The commissioner shall provide, as safety equipment,
boots to each member of the California Highway Patrol who is assigned
to ride motorcycles.  This safety equipment shall remain the
property of the state.  Items lost or damaged because of the
negligence of the officer shall be replaced by the officer at his or
her expense.
   (b) The commissioner shall pay the cost of aviation boots to each
member of the California Highway Patrol who is assigned to aircraft
operations and shall make aviation boots directly available for
purchase by those members.

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