(a) Subject to the requirements set forth in this article, the City Council, as the result of the happening of a particular event or series of events in the community and upon adoption of an appropriate resolution, motion, or Committee report, may offer a reward, as that term is described in Section 19.121 of this article.
(b) An offer of reward adopted by the City Council by resolution, motion, or Committee report shall:
1. Clearly identify the specific event or events that have created the requested authorization to offer a reward;
2. Find that the injury, death and/or destruction of property resulted from the willful misconduct of one or more persons;
3. Find that the offer would be consistent with and is taken for the immediate protection of the public peace, health or safety;
4. Find that the offense was of a nature or committed under special circumstances, and that as a matter of public policy the City should provide for a reward as an added inducement or incentive for persons to come forth with information leading to the needed identification and/or apprehension;
5. Find that a special circumstance exists, such as, but not limited to, the following:
A. The offense was committed by means of a destructive device, bomb, or explosive, by poison, or involved infliction of torture, or involved any offense described in Title 11.6 of Part 1 of the California Penal Code or activities designated as reportable to the Department of Justice pursuant to California Penal Code Section 13023, referred to collectively as hate crimes, or was especially heinous, atrocious or cruel and manifested exceptional depravity; and/or
B. The victim was a police officer of the City, a witness to a crime and one whose testimony in a criminal proceeding was prevented by the offense or whose testimony had already been given, or a judge or former judge of a court of record, or an elected or appointed official or former official of government.
C. A violation of either California Penal Code Section 148.3 or 653x by making a false 911 "swatting" call or report. For purposes of this section, the term "swatting" is a malicious prank that causes a law enforcement emergency response to a location where no crime is occurring.
6. Determine a sum as follows which shall be the aggregate maximum sum of any payment or payments of a Reward offered in response to the instance involved:
A. The aggregate maximum sum of any payment or payments of a Reward offered in response to the instance involved shall not exceed $50,000 unless another paragraph of this subdivision applies.
B. The aggregate maximum sum of any payment or payments of a Reward offered in response to an instance involving multiple victims shall not exceed $75,000.
C. The maximum sum of any payment or payments of a Reward offered in response to an instance in which the victim or victims were Criminal Justice Personnel, or a Witness To A Crime, shall not exceed $75,000.
D. The maximum sum of any payment or payments of a Reward offered in response to an instance in which the victim or victims were Public Safety Personnel of the City, shall not exceed $100,000.
7. Determine a maximum term, no greater than six months, during which the offer of reward shall be in effect;
8. Find, in lieu of Paragraphs 2., 3., 4. and 5. of this subsection, that a reward should be provided for a person or persons who came to the aid of Public Safety Personnel or who furnished information leading to the arrest and conviction of any person or persons who killed, assaulted with a deadly weapon or inflicted serious bodily harm upon Public Safety Personnel; and
9. Direct the City Clerk to advertise the offer of reward.
(c) The City Clerk, upon the Mayor's approval, or after approval by the City Council by a two-thirds vote of the whole Council in the event the Mayor has disapproved the reward offer, shall cause notices and/or advertisements to be duly published in at least one newspaper of general circulation in the City, setting forth the City's reward offer in a manner designed to provide immediate City-wide notoriety to the offer. All notices and advertisements of a reward shall set forth the conditions and limitations of the offer, and any reward offer shall be subject to the limitations of this article.
(d) The City Clerk shall regularly monitor the fiscal status of the Fund to ensure sufficient funds are available for anticipated reward claims. In conjunction with the annual proposed budget appropriations for the Special Purpose Funds budget or when needed, the City Clerk shall submit a request to the Mayor and Council to appropriate additional monies to the Fund so that sufficient funds are available for the payment of rewards provided for in this section.
SECTION HISTORY
Added by Ord. No. 158,157*, Eff. 9-4-83.
Amended by: Ord. No. 172,876, Eff. 11-28-99; Subsec. (b)5.A., Ord. No. 173,342, Eff. 7-15-00; In Entirety, Ord. No. 175,926, Eff. 5-26-04; Subsec. (b)6.C., Ord. No. 175,927, Eff. 5-26-04; Subsec. (b)7., Ord. No. 178,941, Eff. 8-11-07; Subsecs. (b)5.B., (b)6.C. and (b)8. amended and Subsec. (b)6.D. added, Ord. No. 181,615, Eff. 4-24-11; Subsec. (b)5.C. added, Ord. No. 182,787, Eff. 12-24-13.