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HomeMy WebLinkAbout92-2920169 Auxiliary Police ORDINANCE NO; 92-2920 AN ORDINANCE CAT,T,TNG FOR THE IMPLEMENTAION OF AN AUXI'r,IARY POLICE FORCE FOR THE CITY OF PLAINVIEW, TEXAS; CUMUI~TI~IgI~SS CLAUSI~; CONFLICTS CLAUSE; SEVERABILITY CI~USE AND EFFECTIVE DATE. ~rIEREAS, the City Council of the City of Pla;nview sees a need to enhance the Police Force's ability to oversee the citizen's safety and well-being; and WHF~E&S, the City of Pla;nview feels there is a desire by citizens to assist the Police Force in this endeavor; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PLAINVIE~ that an Au~lia~y Police Force be created as follows: SECTION I. COMPOSITION There is hereby established a Pla;nview, Texas auxiliary police force composed of personnel who have volunteered to join the organization and whose application for membership has been accepted and who have complied with the rules, regulations, and orders provided for the conduct and control of the members thereof. Its membership shall be limited to the same number of officers as commissioned officers of the regula~ police force. Members of the auxiliary police force shall not be considered as employees of the City for any purposes other than supervision and control while on duty. SECTION II. CONTROL OF MEMBERSHIP The members of the au~liamy police force shall be under the authority, control, and command of the Chief of Police of the City, subject to all of the provisions of the ordinances of the City and of thin article. Members shall be appointed from a list of eligible persons compiled as hereinafter provided. SECTION III. APPLICATION AND ~rJGIBILITY FOR MEMBERSHIP (A) A list of eligible persons shall be established in compliance with rules and regulations set forth in the Pla;nview, Texan, Police hiring process. All applicants for positions with the auxiliary police force must apply in writing on the form prescribed by the Chief of Police. (B) Ail applicants for positions in the auxiliary for positions in the auxiliary police force must meet the following basic qualifications: (1 of 4) 170 (1) Must be twenty-one (21) years old; (2) A resident of the City of Plainview; (3) Possess a high school diploma or its equivalency; (4) Must be of good moral character; and (5) Must never have been convicted of a felony. (C) Selections will be made through examinations and appointments will be made by the Chief of Police. All examinations sl~al! be impartial, practical in their character, and shall relate to those matters which fairly test the relative capacity of the persons e~amined to discharge the duties of the position to which they expect to be appointed. (D) All applicants successfully completing the examination shall, before appointment, be subjected to: (1) Rigid background investigation; (2) Oral interviews; (3) Polygraph examination; (4) Psychological examination; and (5) Rigid physical exsmiuation. Failure to receive a favorable report on any of the five (5) above-mentioned investigations shall reject the applicant. (E) All applicants, before appointment to the au~liary police force, shall subscribe to an oath that he/she will obey and observe the Constitution of the State of Texas and the laws of this nation, this state and this city and that he]she will carry out the duties of a member of the auxiliary police force. SECTION IV. DUTIES: AUTHORITY OF CHIEF OF POLICE The duties of the auxiliary police force, subject at all times to the direction, supervision and control of the Chief of POlice, shall be to assist the regular members of the police department of 'the City in the enforcement of the law and in the maintenance of peace and order during periods of emergency designated by the Chief of Police. The Chief of Police may, by order, establish rules and regulations to govern the au~liar~y police force, to fix the specific duties of its members,, and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the auxiliary police force to obey the instructions of regular police officers in carrying out their duties. The Chief of Police may prescribe other duties than those mentioned herein to be performed by the au×iliary police force, not inconsistent with the provisions hereof. (2 of 4) 171 SECTION V. IDENTIFICATION OF MEMBBRS: EXPIATION AND RENEWAL OF COMMISSIONS An identification card and other insignia or evidence of identity as the Chief may prescribe shall be issued to each new member, who must carry the card and other, identification at all times while on duty, and must surrender them upon termination of his/her membership. SECTION VI. TERMINATION OF MEMBF~SHIP Membership of any person-may be terminated by the Chief of Police at any time for any cause deemed sufficient by the Chief. Any member may resign from the au~iliar~z.police force at any time, but it slqall be the duty of said member to notify the Chief of Police of his]her resignation. SECTION VII. POWF~ TO DIMINISH MEMBERSHIP The Chief of Police may, by order, diminish the membership of the au~iliaw police force as may be required. SECTION VIII. POWERs, AUTHORITY, AND TRAINING OF MEMBERS (A) Carrying of Firearms: Members of the auxiliary police force may only bear firearms in the case of any emergency while they are discharging official duties as a duly constituted peace officer, and then only by specific order and authorization of the Chief of Police. (B) Breaking and Entering: No member of the au~c~lia~y police force shall break into or other w~se forcefully enter upon any private property or enter the dwelling or habitation of another person without the consent of the owner or occupant except when immediately accompanied by a regul~w member of the police department of thi.~ City who then and there requests hislher aid in the enforcement of the law. (C) Training: Members shall fulfill the minimum training standards established by the Commission on Law Enforcement Officer Standards and Education and such other training as prescribed by the Chief of Police. SECTION IX. RI~MUNERATION OF MEMBERS FOR SERVICES Members of the auxiliaT~Z police force shall receive no remuneration for their services and shall voluntarily serve. SECTION X. CUMI]I~TIVI~ESS Provisions of this ordinance are cnmulative and nothing herein shall prevent, alter, or diminish the applicability or enforcement of other ordinances restricting, regulating, or governing the subject matter herein. (3 of 4) 172 SECTION XI. CONFLICTS All ordinances or portions of any ordinance of the City of Plainview, Texas in conflict with herewith, are hereby amended to conform with the provisions herein. SECTION XII. SI~ABILTTY If any section, subsection, sentence, chause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion sba11 be deemed a separate, dL~Hnct and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION XIII. EFFECTIVE DATE This ordinance shall be of full force and effect upon its passage and publication as required by law. PASSED AND APPROVED THIS DAY OF ~Y~ ~_a~ E.V. Ridlehuber, Mayor , 1992. ATTEST: Kamen MCBeth, City Secretary APPROVED AS TO CONTENT: Director of Public Safety APPROVED AS TO FORM: Wglly ~I~l~h~'~ Cits/ Attorney (4 of 4)