(a) Definitions. The words and terms defined in this section shall have the following meanings as used in this article:
"Department" means the Los Angeles Police Department, the Department of General Services, the Los Angeles World Airports or the Port of Los Angeles.
"Police Officer" means a Police Officer or Police Specialist employed by the Los Angeles Police Department, a Special Officer employed by the Department of General Services, or a Police Officer employed by the Los Angeles World Airports or the Port of Los Angeles.
"Police Academy" means the Los Angeles Police Department Police Academy.
"Training" means basic recruit training or lateral training.
(b) Requirements for Employment for Police Officer Candidates.
1. Any Police Officer of the Department who receives training at the Police Academy shall reimburse the Department for the estimated costs of that training should he or she voluntarily leave the Department before having served 60 continuous months following successful completion of such training and, within a year thereof, become employed by another law enforcement agency.
2. Upon application to the Department for a position as a Police Officer, an applicant shall sign a written agreement stating that he or she intends to maintain employment with the Department for at least 60 continuous months, commencing with the date of successful completion of the Police Academy training. The agreement will also provide that if the applicant leaves the Department voluntarily or involuntarily before the end of the aforementioned 60 months period, and, within the following year, accepts employment at another law enforcement agency, he or she will notify the Department in writing within ten days of such acceptance. The agreement will further provide that any Police Officer who leaves the Department before the end of the 60 months period and who accepts employment with another law enforcement agency within a year thereafter shall reimburse the City of Los Angeles for the direct and indirect costs of the training he or she received while at the Police Academy in accordance with Subsection 1. of this section.
3. The applicant will be given a copy of this section and a copy of the agreement with a reimbursement schedule attached to it. The applicant will be provided seven calendar days to review the documents and to consult with an attorney or other advisor of his or her choice. The applicant will then be required to sign the agreement, thereby acknowledging his or her understanding of the terms of this section and of the reimbursement agreement and further acknowledging that he or she is subject to them. The applicant's signing of the agreement will be witnessed and a copy will be given to the applicant. The original will be retained in the Personnel Department file under the name of the applicant.
(c) Modification of Amount of Reimbursement. If a Police Officer subject to the terms of this section leaves the Department voluntarily or involuntarily within the sixty 60 month period, as described above, and begins employment with another law enforcement agency within one year thereafter, the Police Officer will be required to reimburse the City of Los Angeles for the estimated direct and indirect costs related to the Police Academy training on a pro-rated basis according to the amount of time the Police Officer was employed in that classification by the Department. The costs of the Academy training will be determined on an annual basis by the Board of Police Commissioners and may be modified more frequently, if necessary, to reflect changes in training costs.
(d) Legal Costs and Attorneys Fees. In the event the Department incurs any fees or costs in an effort to collect money owed by a Police Officer pursuant to this section, the former employee shall pay such costs, including, but not limited to, legal interest on the amount of reimbursement funds due, in addition to the portion of the reimbursement obligation then due.
(e) Grievance and Arbitration Not Available. Any question as to the interpretation or application of this section, or relating to payment made or due under this section or under the reimbursement agreement, shall not be subject to either a grievance or arbitration under any Memorandum of Understanding applicable to the affected Police Officer.
(f) No Modification of Any Other Terms of Employment. The provisions of this section shall in no way modify any other terms and conditions of employment, and all such pre-existing terms and conditions of employment shall remain unchanged. All Civil Service and Department rules, regulations and procedures, and Memoranda of Understanding that relate to Department sworn personnel remain in full force and effect. The provisions of this section in no way alter, amend, or have any effect upon the authority of the Department to invoke disciplinary action.
(g) No Rights Created. This section in no way guarantees any right of continued employment to any Police Officer or recruit. Nor does this section create a property right in any affected Police Officer or recruit.
(h) Return to Sworn Duty. When a former police officer who joined the Department on or after March 3, 1996, and was employed less than 60 months before resigning in good standing, and now applies for employment to be reappointed as a Police Officer (or higher rank) within 180 days of the effective date of this section, is thereafter re-appointed as a sworn officer (or higher rank), and fulfills the remainder of his or her 60 month requirement, then upon meeting all of the above conditions, the officer shall be deemed to have satisfied the reimbursement obligation of this section.
If this officer again resigns from the Department prior to completing the remainder of the officer's 60 month requirement, the officer will be required to satisfy the remainder of his or her reimbursement obligation on a pro-rated basis according to the total amount of time he or she was employed as a sworn officer of the Department.
SECTION HISTORY
Chapter and Section Added by Ord. No. 170,894, Eff 3-8-96.
Amended by: Ord. No. 171,522, Eff. 3-29-97; Sec. Title, Ord. No. 171,870, Eff. 1-30-98; Subsec. (g) added, Ord. No. 174,743, Eff. 8-9-02; Ord. No. 180,715, Eff. 7-9-09.