HomeMy WebLinkAbout84-33 - Trusties from City Jail to Perform Work on Public PropertyRESOLUTION NO. 84 -33
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NEWPORT BEACH PURSUANT TO PENAL
CODE SECTION 4017 TO ORDER TRUSTIES CONFINED
IN THE CITY JAIL TO PERFORM WORK ON PUBLIC
PROPERTY
WHEREAS, pursuant to Penal Code Section 4017, all per-
sons confined in a city jail under a final judgment of imprison-
ment, rendered in a criminal action or proceeding or as a condi-
tion of probation after suspension of imposition of a sentence,
or suspension of execution of sentence, a Trusty may be required,
by an order of the City Council, to perform labor on the public
works or ways in the City; and
WHEREAS, the Newport Beach City Jail has facilities
sufficient to accommodate Trusties who can perform numerous tasks
and menial labor, helpful in the efficient operation of the City
Jail and Police Department facilities; and
WHEREAS, for a period of years, the Newport Beach
Police Department has required Trusties who are assigned to serve
their time at the City Jail to perform specific tasks and menial
labor which constitute labor on the public works and ways without
jeopardy, disruption or disturbance; and
WHEREAS, so long as the City does not provide monetary
compensation, special food or privileges to the Trusty as an
incentive to work, the City is not required to extend Workers'
Compensation coverage to the Trusty; and
WHEREAS, it is the policy of the City of Newport Beach,
to establish and maintain a Trusty program, without subjecting
the City of Newport Beach to potential Workers' Compensation lia-
bility.
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Newport Beach, that Trusties confined in the Newport
Beach City Jail pursuant to Penal Code Section 4017, are hereby
ordered to labor on the public works or ways in the City of New-
port Beach, including performance of such specific and menial
labor as the Chief of Police or his designee directs; and
BE IT FURTHER RESOLVED, that no Trusty shall be consi-
dered as an employee of, or be employed by, the City or any
department thereof, nor shall any of the provisions of the
Workers' Compensation Insurance and Safety Act of 1917, or its
amendments in the Labor Code, be extended to such Trusty there-
under, whether on behalf of himself or any other persons, unless
a subsequent Resolution of this City Council so provides.
ATTEST:
C Clerk
RSB /Trusty
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ADOPTED this 23rd day of April v 1984.
A.
Mayor PrP Tem
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