Isaac Bryan

Existing law provides that every executive or ministerial officer, employee, or appointee of the State of California, or any county or city therein, or any political subdivision thereof, who knowingly asks, receives, or agrees to receive any emolument, gratuity, or reward, or any promise thereof excepting such as may be authorized by law for doing an official act, is guilty of a misdemeanor. Existing law exempts from that offense certain employment by a peace officer while off duty, as specified. Existing law also provides that a peace officer shall not be prohibited from engaging in other employment while off duty, as specified.

This bill would, notwithstanding those provisions, prohibit certain peace officers from engaging in any form of secondary employment, including contract based or as an individual contractor, that involves engaging in arresting, detaining, transporting, or deporting individuals pursuant to federal immigration laws. The bill would provide that failure to comply with this provision constitutes, for certain purposes, an act of dishonesty and that it is grounds for decertification as a peace officer. The bill would require certain peace officers to report to their employing law enforcement agency any offer of secondary employment relating to immigration enforcement and their response to the offer. The bill would require the law enforcement agency to maintain the names of secondary employers and the number of peace officers employed by each secondary employer. By imposing additional duties on local law enforcement agencies to accept these reports, this bill would impose a state-mandated local program. The bill would also explicitly state that these records related to secondary employment of certain peace officers are public records for the purposes of the California Public Records Act. 

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.