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PhillipsEsq
PhillipsEsq,
Category: California Employment Law
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does section 7522a mean that a citys police department command

Customer Question

does section 7522a mean that a city's police department command staff are not exempt from being licensed if they conduct internal personnel investigations (not IA investigations)?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  PhillipsEsq replied 5 years ago.

Thank you for giving me the opportunity to assist you. I encourage you to ask me for clarification, if you are not clear with my Answer.

 

What California Code are you citing?

 

The labor code, civil code, etc?

Customer: replied 5 years ago.
california business and professions code - the Cal. Private Investigators Act
Expert:  PhillipsEsq replied 5 years ago.

does section 7522a mean that a city's police department command staff are not exempt from being licensed if they conduct internal personnel investigations (not IA investigations)?

 

Response: Yes, it appears to be the case by virtue of the language that requires that no weapons be carried in the performance of the duties (emphasis added by me).

 

7522. This chapter does not apply to:
(a) A person employed exclusively and regularly by any employer
who does not provide contract security services for other entities or
persons, in connection with the affairs of such employer only and
where there exists an employer-employee relationship if that person
at no time carries or uses any deadly weapon in the performance of
his or her duties.
For purposes of this subdivision, "deadly weapon"
is defined to include any instrument or weapon of the kind commonly
known as a blackjack, slungshot, billy, sandclub, sandbag, metal
knuckles, any dirk, dagger, pistol, revolver, or any other firearm,
any knife having a blade longer than five inches, any razor with an
unguarded blade and any metal pipe or bar used or intended to be used
as a club.

Customer: replied 5 years ago.
yes - i see that language, but I am hoping for clarification in annotations that specifically address the situation when the employer is a city with a police department.... what is the rationale when the employer's employees largely are peace officers?
Expert:  PhillipsEsq replied 5 years ago.

 

yes - i see that language, but I am hoping for clarification in annotations that specifically address the situation when the employer is a city with a police department.... what is the rationale when the employer's employees largely are peace officers?

 

Response: That is addressed on Section 7522(b). However, it does not appear to exempt police officers who are working for the city's police department. Uniform peace officers would be those police officers who are specifically on loan to other government agencies as peace officers. It would not include police officers conducting personnel investigations in the police department.

 

(b) An officer or employee of the United States of America, or of
this state or a political subdivision thereof, while the officer or
employee is engaged in the performance of his or her official duties,
including uniformed peace officers employed part time by a public
agency pursuant to a written agreement between a chief of police or
sheriff and the public agency, provided the part-time employment does
not exceed 50 hours in any calendar month

 

 

Customer: replied 5 years ago.
thank you for your help but i am looking for something beyond the language in the statute, which I can read as well - I asked if there are any annotations... and now I am out of time to get a response.