In re M.M.

Penal Code section 148, subdivision (a)(1) (section 148(a)(1)) makes it a misdemeanor to “willfully resist[], delay[], or obstruct!] any public officer, peace officer, or . . . emergency medical technician ... in the discharge or attempt to discharge any duty of his or her office or employment . . . .” (§ 148(a)(1), italics added.) Law enforcement personnel have long been considered public officers within the meaning of section 148(a)(1).

A “school security officer” (Ed. Code, § 38001.5, subd. (c)) is a public safety officer employed by a school district and charged with “ensuring] the safety of school district personnel and pupils and the security of the real and personal property of the school district.” (Id., § 38000, subd. (a).) School security officers, although not sworn peace officers, work in partnership with local law enforcement agencies to achieve the statutory goals of ensuring the safety of persons and property on public school premises, and are considered by law “supplementary to city and county law enforcement agencies.” (Ibid.)

The question in this case is whether a school security officer is a “public officer” for purposes of a misdemeanor charge of…