| Background: |
In 1974, the
district was the complainant in a criminal case involving the Trespass
Ordinance. The case was tried in the San Diego Municipal Court. After
evidence was presented to the jury, the defense attorney moved to
dismiss the criminal charge of trespass on the ground that the school
principal could not testify that he had personally and expressly
designated the school security agent as his representative (as defined
in the Municipal Code). The court granted the motion and dismissed the
charges against the defendant. To preclude a similar ruling in the
future, either as to the Municipal Code or the more recent section of
the California Penal Code, an affidavit has been drawn up for use by
site administrators, duly authorized, and signed by the school
principal.
|
| Execution: |
Each school
principal is being requested to complete an affidavit upon assuming a
new assignment or when personnel, designated on the affidavit for a
given school, change. Staff members who may be designated (as defined
in San Diego Municipal Code Sections 52.70.02 and 52.70.03, and
California Penal Code Section 626.8) are:
1. All school peace officers and supervisors of the
San Diego Unified School District Police Services Department.
2. Designated members of site staff (including vice
principals, counselors, teachers, and classified staff).
Staff members so designated should be consulted and
made aware of their status. The principal is required to complete,
date, and sign the affidavit in the presence of a Notary Public.
Notary service is available for this purpose, free of charge, from any
of the following employees at the Education Center. Please call
ahead to ensure their availability.
| Jan
Mohney |
Room
2231
725-5550
|
Board
of Education Secretary |
| Georgia
Snodgrass |
Annex
6B
725-7354
|
Business
Services Division |
| Cheryl
Ward |
Room
2158
725-5634 |
Office
of General Counsel |
Two copies of the affidavit should be completed
and notarized--the "original" to be sent to the Office
of the Superintendent (Room 2158) to be retained as the official
district copy, and one to be retained by the principal at the
school site.
Questions regarding any of the above should be referred
to Cheryl Ward, Office of the General Counsel, at 725-5634.
|