Chapter 2.38
POLICE DEPARTMENT
Sections:
2.38.010 Establishment – Supervision.
2.38.030 Members – Appointment and commissioning.
2.38.050 Swearing in – Oath of office.
2.38.060 Personnel authorized.
2.38.010 Establishment – Supervision.
There is established and created a department of police to be operated under the direction and control of a chief of police, subject to the supervision of the mayor. (Ord. 1336, 1997).
2.38.020 Chief – Appointment.
The chief of police shall be appointed by the mayor on the basis of his/her qualifications and experience for such office, and may be removed by the mayor. (Ord. 1336, 1997).
2.38.030 Members – Appointment and commissioning.
A. All persons hired as law enforcement officers for the Burlington police department shall be commissioned as police officers for the city of Burlington prior to being assigned to law enforcement duties. All personnel below the rank of chief shall be appointed and commissioned by the mayor in accordance with any applicable law, ordinance, rule or regulation relating to civil service and may be removed by the mayor or chief subject to any applicable law, ordinance, rule or regulation relating to civil service then in force and effect.
B. A Burlington police commission may be issued to any employee of the city of Burlington, who, by virtue of training and/or experience, has proven competence in the field of law enforcement and whose duties are police related. No police commission, regular, temporary, or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personnel vacancy by the civil service commission in accordance with such rules and regulations relating to civil service then in force and effect. However, a limited commission or deputation may be issued upon approval of the mayor and police chief to persons outside the department who have a need to have limited enforcement capabilities such as parking, parks, animal control, and arson. These limited commissions will specifically state the authority of the holder to enforce specific identified ordinances. These limited commissions shall be valid for a period of one year and shall automatically expire on December 31st of that year.
C. Police commissions from other law enforcement agencies may be issued to Burlington police officers from time to time when necessary or desirable. No officer may accept a commission from another agency without prior notice and permission from the chief of police unless otherwise specified in a mutual law enforcement assistance agreement as permitted by chapter 10.93 RCW. (Ord. 1336, 1997).
2.38.040 Police powers.
The chief of police and all commissioned police personnel shall have the powers granted, with the duties imposed, by the laws of the state relating to the chief of police and law enforcement personnel of second class cities and, in addition thereto, the chief and all other commissioned police personnel of the police department shall have the power and duty to enforce the ordinances of the city and to perform such other services as the laws of the state or ordinances of the city may now or hereafter require. This police power is enhanced by the Mutual Aid Peace Officer Powers Act of 1985. (Ord. 1336, 1997).
2.38.050 Swearing in – Oath of office.
A. All commissioned personnel shall be sworn to enforce the ordinances of the city of Burlington, state, and federal law, to protect the public peace and safety within the city of Burlington, and to abide by the code of professional conduct and responsibility for peace officers.
B. Prior to assuming a police commission, persons hired for a position that requires a commission will take an oath of office to enforce the law, uphold the Constitution of the United States and the state of Washington, and shall make such oath before the mayor or designee. (Ord. 1336, 1997).
2.38.060 Personnel authorized.
A. The police department shall consist of such regular personnel in such numbers as shall be determined by the city council by inclusion in an adoption of the annual budget of the city.
B. The department may be augmented by such clerical personnel as the city council may from time to time provide. Such clerical personnel shall not be commissioned police officers and shall be subject to civil service regulations unless otherwise specified in a collective bargaining agreement. (Ord. 1336, 1997).
2.38.070 Disciplinary powers.
The chief of police shall have the power to exercise, for cause, the following disciplinary measures:
A. Oral or written reprimand;
B. Suspension from duty, without pay, for periods up to but not exceeding 30 days;
C. Deferment of advancement in grade for periods up to, but not to exceed, three months;
D. Dismissal with the concurrence of the mayor. (Ord. 1336, 1997).
2.38.080 Commission abuse.
Any abuse or unjustified use of any police commission or mutual aid peace officers’ powers may result in the commission being withdrawn and/or subject the offending officer to departmental disciplinary procedures. (Ord. 1336, 1997).