Security patrol officers are not peace officers and do not have limited law enforcement authority, according to a detailed overview of Security's powers to be presented at a special CSD community meeting next week.
The special meeting will be 6 p.m. Wednesday at the CSD Building.
At Wednesday's regular monthly board meeting, legal counsel Steve Rudolph said the district had "undertaken the process of looking at our security service and evaluating what the powers and the limitations of the security officers are, and also taking a look at what the powers and limitations of this board are as it relates to empowering or running a security service operation. ,,, The starting point is to present the information that we've found and information about how we operate so that there's a better understanding in the community."
Rudolph said his research covered "no less than 15 separate issues ... everything from enforcement of restraining orders to use of flashing lights to arrest powers ..."
"We wanted to roll out Steve's analysis, get community input and begin having more involvement with the community to figure out really what kind of security they want it to be," General Manager Ed Crouse said.
"There's a wide range of options that we can chose from once we have a better idea as to the type of service the community wants the district to deliver," Rudolph said. "Some of those might involve legislative changes, (or) more of an integration with off-duty or even on-duty sheriff's officers ..."
The overview of Security's powers, released in advance of next week's meeting (see the full document here), makes the following points:
The state constitution delegates police power only to counties and cities, not special districts like the CSD.
District security officers are not classified under any category of law enforcement and do not have limited law enforcement authority.
State and county laws regulating personal conduct are applicable within the boundaries of Rancho Murieta Community Services District, regardless of whether an individual is inside or outside the gates. Penal Code provisions are applicable everywhere.
Vehicle code provisions are not applicable within gated areas.
The primary function of CSD Security officers is to protect persons and property through prevention by being visible in the community.
The security officer's authority to make an arrest is the same as a private person.
After a security officer makes an arrest, the person who has been arrested has to be turned over to a peace officer without delay.
If a person resists arrest, the security officer is allowed to use reasonable force to subdue the person.
A security officer does not have the authority to detain a person without making an arrest.
When a CSD security officer has reason to believe that a person has a weapon and intends to harm him or her, the officer is entitled to perform a search of that person.
Security officers have the authority to issue misdemeanor citations for violations of district rules, regulations, and ordinances that occur anywhere within the district, and to issue misdemeanor and infraction citations for violations of state law or county ordinances if the misdemeanor or infraction occurs on district-owned property, and in the presence of the security officer issuing the citation.
Security officers have the authority to enforce the CC&Rs of homeowners associations within the district.
Earlier in the meeting, questions about Security's role surfaced when several residents of Zancada Court spoke about problems with neighbors that they'd aired at the Rancho Murieta Association board meeting the previous night.
"Why do we even have Security if we got to make a call to the Sheriff's Department?" asked John Cascio.
"We can come, we can tell people don't do this, don't do that, but we don't have ... the authority a policeman does," said President Wayne Kuntz.
"Look at the taxes we're paying for the sheriff, but we're still not getting service," said Evon Cascio.
Security Chief Greg Remson and Deputy District Attorney Kimberly Zdobnikow discussed crime and enforcement issues during a break at Wednesday's CSD meeting.
Security Chief Greg Remson said Security is aware of the neighborhood issues. "We're trying to mediate them the best that we can. You've got different lifestyles, different ways of raising their kids, different ways of being neighborly," he said. "We're trying to find a middle ground."
During the later discussion about the security meeting, Deputy District Attorney Kimberly Zdobnikow said she has an office at the East Division of the Sheriff's Department and pointed out there are "three, maybe four" sheriff's deputies for the 285-square-mile area that includes Rancho Murieta and officers need to prioritize calls. She suggested taking requests to improve service to Rancho Murieta's representative on the Sacramento County Board of Supervisors and also asking Sheriff's Department officials to attend the security meeting.
The full CSD report is here.
Governance committee members selected
Directors selected members for the nine-member CSD ad hoc governance advisory committee. The committee will look at how the community is now governed, evaluate alternatives, and prepare a report with its findings and recommendations.
The board selected Director Jerry Pasek to be the CSD representative and serve as the committee chair.
Each of the five directors nominated one person from a list of 12 community members who volunteered to serve on the committee.
Pasek nominated Wilbur Haines, Director Bob Kjome nominated Lisa Taylor, President Wayne Kuntz selected Ted Hart, Director Bobbi Belton chose Frank Simmons, and Director Dick Taylor picked John Merchant.
The board selected John Sullivan as the developer representative.
At its meeting on Tuesday, the Rancho Murieta Association board of directors selected Directors Paul Gumbinger and Dick Cox for the committee.
Pasek said he plans to hold the first committee meeting in early June. The meetings will be open to the public.
Report on water operations
Director of Field Operations Paul Siebensohn presented a report on water operations for 2007-2008. The report, which won praise from the directors, provided an overview of the community's water and wastewater facilities.
The presentation offered facts about the diversion and pumping of water from the Cosumnes River at Granlees Dam, storage in Lakes Calero, Chesbro and Clementia, and treatment at the water plant. Before and after photos of the Rio Oso water storage tank showed the seismic improvements at the base and the new roof.
The wastewater treatment system has a series of five ponds that treat approximately 500,000 gallons of raw sewage a day after it's collected at 11 pumping stations throughout the community.
The treated wastewater is stored in two reservoirs at the plant. It undergoes additional treatment and is disinfected with chlorine before it's supplied to irrigate the golf courses.
The CSD met its goal of reducing carried-over storage at the plant last fall, ending the reclamation season with less than 100 acre feet. The carryover storage was one of the issues in the cease and desist order handed down by a regulatory agency in 2006.
Rio Oso tank update
The board approved change orders for the Rio Oso tank rehabilitation project totaling $190,000. The changes include replacement of the roof and other parts above the water line that were corroded, and redesign of the footing for the tank.
The total cost of the project is $1,349,938 and funding comes from water replacement reserves.
The inside is now being painted, and when that's completed, the tank will be disinfected, filled, and the water will be sampled and tested before the tank goes back into service. The tank is expected to be back online June 7.
The tank supplies the pressurized water system that serves the area above the second Guadalupe, about 700 households.
It was taken out of service last fall and an alternative supply system was put in place for the duration of the project. Residents were asked to avoid watering their landscape and limit water use during the peak period of 5 to 10 a.m. when the project began.
Last month, when warm weather increased water demands, residents of Units 3 and 4 were put on an irrigation schedule to conserve water.
- David Sander, one of three candidates for the Republican nomination for the state Assembly in the June 3 primary, appeared at the podium during public comments. Sander asked for support and said he believes in local control and understands local issues -- traffic on Highway 16, dealing with the school district and getting "a fair shake" from other agencies.
- The board voted to keep recordings of its meetings for 10 years. Currently they are kept a maximum of six months.
- On a split vote, the board approved reducing the number of days of service for which directors receive a $100 stipend from a maximum of five a month to three as a cost-cutting measure. Wayne Kuntz and Dick Taylor voted against the measure.