California Attorney General Opinion 24-401

BACKGROUND

Cities, counties, and certain other entities may form a municipal utility district. 1 The Public Utilities Code authorizes a municipal utility district to provide district inhabitants with a panoply of services including water, power, garbage, sewer, and transportation.

Public Utilities Code section 12820 is part of the Municipal Utility District Act, enacted in 1951. 3 Section 12820 was added in 1974 at the request of the East Bay Municipal Utility District. 4 At the time, the District was opening over 50,000 acres of its property to public recreation, including a 95-mile trail, and anticipated greater security needs. To ensure the safety of the public, the District would need—among other things— armed peace officers to make felony arrests. 5 Section 12820 provides that a “[municipal utility] district may employ a suitable security force,” and that district employees whom the district manager designates as “security officers” “shall have” specified peace officer “authority and powers.” 6 It further provides that such designated “security officers” and the district “shall” comply with rules of the Commission on Peace Officer Standards and Training (POST).

1 Pub.…