CHIN, J. —
Vehicle Code section 17004.7 (section 17004.7) provides public agencies employing peace officers immunity from damages for collisions resulting from police chases if, but only if, the agency "adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits...." (§ 17004.7, subd. (b)(1).) Promulgation of the written policy must include "a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy." (Id., subd. (b)(2).)
We must decide whether a public agency may receive section 17004.7's immunity only if every peace officer it employs has, in fact, provided the written certification. We conclude that the agency's policy must require the written certification, but 100 percent compliance with that requirement is not a prerequisite to receiving the immunity.
We affirm the judgment of the Court of Appeal, which reached a similar conclusion. (Ramirez v. City of Gardena (2017) 14 Cal.App.5th 811 [221 Cal.Rptr.3d 897] (Ramirez).) We disapprove Morgan v. Beaumont Police Dept. (2016) 246 Cal.App.4th 144 [200 Cal.Rptr.3d 698] (Morgan) to the extent it is inconsistent with this opinion.
"Because neither party petitioned the Court of Appeal for a rehearing, we take the facts largely from that court's opinion." (Richmond v. Shasta Community Services Dist. (2004) 32 Cal.4th 409, 415 [9 Cal.Rptr.3d 121, 83 P.3d 518]; see Cal. Rules of Court, rule 8.500(c)(2).)
"Mark Gamar was a passenger in a pickup truck that was the subject of a pursuit by police officers employed by the City of Gardena (the City) on February 15, 2015. Gamar died from injuries he sustained when the truck spun into a streetlight pole after one of the officers [Officer Michael Nguyen] bumped the left rear of the truck with the right front of his vehicle to stop the truck using a maneuver called a `Pursuit Intervention Technique' ...." (Ramirez, supra, 14 Cal.App.5th at p. 814.)
Plaintiff Irma Ramirez, Gamar's mother, filed a wrongful death suit against the City, claiming that Officer Nguyen acted negligently and committed battery. The City moved for summary judgment, in part on the ground that it was immune under section 17004.7. The trial court granted the motion on this ground. It "concluded that the `City properly promulgated its pursuit policy in compliance with Vehicle Code [section] 17004.7[, subdivision](b) and provided regular and periodic training.' Based on the Saffell declaration, the court found that `[a]ll active duty police officers received the training on an annual basis or more frequently and were required to certify that he or she read, received, and understood the pursuit policy and training.'" (Ramirez, supra, 14 Cal.App.5th at p. 816.) The court also found that the policy met section 17004.7's other requirements. (Ramirez, at p. 816.)
Plaintiff appealed. As relevant here, and relying on Morgan, supra, 246 Cal.App.4th 144, she argued "that the City is not entitled to immunity because it failed to provide evidence that all of its officers executed written certifications in compliance with section 17004.7, subdivision (b)(2)." (Ramirez, supra, 14 Cal.App.5th at p. 820.) The Court of Appeal disagreed, holding that it suffices if a public agency imposes the certification requirement; the agency does not have to prove total compliance with the requirement. Because the City's pursuit policy imposed such a requirement, and after rejecting plaintiff's remaining arguments, the Court of Appeal affirmed the grant of summary judgment in the City's favor.
We granted plaintiff's petition for review limited to the following issue: Is the immunity provided by Vehicle Code section 17004.7 available to a public agency only if all peace officers of the agency certify in writing that they have received, read, and understand the agency's vehicle pursuit policy?
Subdivision (b) of section 17004.7 provides: "(1) A public agency employing peace officers that adopts and promulgates a written policy on, and provides regular and periodic training on an annual basis for, vehicular pursuits complying with subdivisions (c) and (d)[
"(2) Promulgation of the written policy under paragraph (1) shall include, but is not limited to, a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy. The failure of an individual officer to sign a certification shall not be used to impose liability on an individual officer or a public entity." (Italics added.)
The sole issue before us on review focuses on the language in section 17004.7 italicized in our quotation above: Promulgation of the policy must include "a requirement that all peace officers of the public agency certify in writing that they have received, read, and understand the policy." (§ 17004.7, subd. (b).) Does this mean it suffices if the policy contains the requirement? Or must the public entity prove not only that it has imposed the requirement, but also that all of the entity's peace officers complied with it?
The court in Morgan, supra, 246 Cal.App.4th 144, gave the statute the latter interpretation. It "conclude[d] that the promulgation language of section 17004.7, subdivision (b)(2) is unambiguous in its requirement that `all peace officers of the public agency certify in writing that they have received, read, and understand' the agency's vehicle pursuit policy. (Italics added.)" (Id. at p. 154.) Plaintiff urges this interpretation.
The Court of Appeal here disagreed with Morgan, supra, 246 Cal.App.4th 144. It "agree[d] with the City that `[p]romulgation' in section 17004.7, subdivision (b)(2) means that, to obtain immunity, a public agency must require its peace officers to certify in writing `that they have received, read, and understand' the agency's pursuit policy. However, if the agency actually imposes such a requirement, complete compliance with the requirement is not a prerequisite for immunity to apply." (Ramirez, supra, 14 Cal.App.5th at p. 825.)
If the Legislature had intended plaintiff's interpretation, it would have said so directly, as it easily could have done. As the Court of Appeal in this case noted, had it intended plaintiff's interpretation, the Legislature "could simply have said that promulgation `means' written certification by all officers. (§ 17004.7, subd. (b)(2).) The Legislature used precisely that construction in section 17004.7, subdivision (d) in defining the training requirement, where it stated that `"[r]egular and periodic training" under this section means annual training' that includes specified elements. (Italics added.)" (Ramirez, supra, 14 Cal.App.5th at pp. 822-823.)
Even if the plain language were not so clear, the statute's purpose and public policy, which we may consider when a statute's language permits more than one reasonable interpretation (Coalition of Concerned Communities, Inc. v. City of Los Angeles (2004) 34 Cal.4th 733, 737 [21 Cal.Rptr.3d 676, 101 P.3d 563]), lead to the same conclusion. Plaintiff's interpretation would impose a heavy burden on public agencies, especially large ones. "[R]equiring 100 percent compliance as a condition of immunity could potentially result in the absurd circumstance that the failure of a single officer to complete a written certification in an agency employing thousands could undermine the agency's ability to claim immunity, even though the agency conscientiously implemented its pursuit policy." (Ramirez, supra, 14 Cal.App.5th at p. 823.) "Under that interpretation, an agency could do all within its power to implement its pursuit policy but still be liable if a single negligent or recalcitrant officer happens to be out of compliance with the agency's certification requirement at the time an incident occurs." (Id. at p. 824.)
When it amended section 17004.7 in 2005, the Legislature sought to improve public safety by encouraging public entities to promulgate a pursuit policy and provide training pursuant to that policy, which, in turn, was designed to reduce the number of pursuits and the number and severity of collisions resulting from pursuits. (Morgan, supra, 246 Cal.App.4th at p. 157 [quoting a Senate Committee on Public Safety analysis to that effect].) But the Legislature made "adoption of a vehicle pursuit policy ... discretionary," not mandatory. (§ 17004.7, subd. (a).) Achieving immunity was the incentive for public entities to adopt the policy and provide the training. Plaintiff's interpretation would make it very difficult for a public entity like the City to achieve immunity, and almost impossible for a large entity employing thousands of peace officers. Thus, that interpretation would greatly reduce the incentive for public entities, especially large ones, to promulgate the policy and provide the training, something we doubt the Legislature intended.
Plaintiff argues that to obtain immunity under section 17004.7, an agency must, as she quotes the statute, "`adopt and promulgate a written policy' based upon `guidelines established pursuant to Penal Code section 13519.8.' (See Veh. Code, § 17004.7[, subds.] (b)(1) and (d)....)" She argues that the policy violated POST commission guidelines that contain the certification requirement. We need not consider the meaning of Penal Code section 13519.8, for plaintiff conflates two separate requirements. Section 17004.7, subdivision (d)'s reference to guidelines under Penal Code section 13519.8 concerns training, not the certification requirement. (See fn. 1, ante.) The training requirement is not at issue here.
Similarly, the Morgan court cited POST commission guidelines as supporting its interpretation. (Morgan, supra, 246 Cal.App.4th at pp. 153-154, 159.) But as the Court of Appeal noted in this case, "the issue here is not whether a written certification requirement exists, but rather what the consequences are if an officer fails to meet that requirement. The City does not dispute that public agencies must implement a written certification requirement; it simply claims that section 17004.7 does not itself require written certification by all officers as a condition of immunity. Moreover, section 17004.7 refers to the POST commission guidelines only with respect to the training requirements specified in subdivision (d), not with respect to the promulgation provision contained in subdivision (b).)" (Ramirez, supra, 14 Cal.App.5th at pp. 823-824, fn. 7.)
We affirm the judgment of the Court of Appeal. We also disapprove Morgan v. Beaumont Police Dept., supra, 246 Cal.App.4th 144, to the extent it is inconsistent with this opinion.
Cantil-Sakauye, C. J., Corrigan, J., Liu, J., Cuéllar, J., Krugar, J., and Lavin, J.,