Chapter 2.44
POLICE
Sections:
2.44.010 Chief of police – Office established.
2.44.020 Chief of police – Appointment, term and removal.
2.44.030 Chief of police – Powers and duties.
2.44.040 Chief of police – Additional duties.
2.44.050 Chief of police – Bond.
2.44.060 Police department civil service system – State law adopted.
2.44.070 Police department – Civil service commission – Created – Members – Powers and duties.
2.44.080 Police department civil service system – Amendments to state law.
2.44.090 Police force reserve – Established – Appointment – Supervision.
2.44.100 Police force reserve – Organization – Membership.
2.44.120 Police force reserve – Termination – Resignation.
2.44.130 Police force reserve – Duties – Training.
2.44.140 Police force reserve – Compensation – Classification.
2.44.150 Police force reserve – Individual insurance – Civil liability.
2.44.160 Police force reserve – Uniforms – Impersonating an officer.
2.44.170 Volunteer firefighters’ relief and pension benefits allowed for police reserve officers.
2.44.180 Participation in volunteer firefighters’ relief and pension plan.
2.44.010 Chief of police – Office established.
There is established in and for the city the office of chief of police. (Prior code § 1.32.010).
2.44.020 Chief of police – Appointment, term and removal.
The chief of police shall be appointed by the mayor, subject to confirmation by the city council and shall hold office during the term of the mayor appointing him unless such officer is sooner removed by the mayor and with the consent of not less than four councilmen. (Prior code § 1.32.020).
2.44.030 Chief of police – Powers and duties.
The department of police shall be under the direction and control of the chief of police, subject to the direction of the mayor. It shall be his duty to preserve the peace and keep order within the corporate limits of the city. For the suppression of any riot, public tumult, disturbance of the peace or resistance against the laws or public authorities in the lawful exercise of their functions, the chief of police shall have the powers that are now or may hereafter be conferred upon sheriffs by the laws of the state, and shall in all respects be entitled to the same protection. His lawful orders shall be promptly executed by deputies, police officers and watchmen in the city, and every citizen shall also lend him aid when required, for the arrest of offenders and maintenance of public order. He shall have power to pursue and arrest outside of the city limits, if necessary, all or any violators of the city ordinances. He shall and is authorized to execute and return all process issued and directed to him by any legal authority. It shall be his duty to prosecute, before the police judge, all breaches or violations of, or noncompliance with, any city ordinance which comes to his knowledge. He shall have charge of the city prison and prisoners, and of any chain gang which may be established by the city council. He shall for service of any process receive the same fees as constables. He may also, with the concurrence of the mayor, when the same may be by them deemed necessary for the preservation of public order, appoint additional policemen who shall discharge the duties assigned them for one day only. (Prior code § 1.32.030).
2.44.040 Chief of police – Additional duties.
The city may by ordinance not inconsistent with the provisions of law prescribe additional duties of the chief of police whenever they may see fit. (Prior code § 1.32.040).
2.44.050 Chief of police – Bond.
The chief of police, before entering upon the duties of his office, shall execute a bond to the city in the sum of $500.00, with sufficient sureties, to be approved by the city council, conditioned that he will faithfully perform the duties of his office according to law. (Prior code § 1.32.050).
2.44.060 Police department civil service system – State law adopted.
The civil service system set forth in Chapter 13 of the Session Laws of the State of Washington for 1937 as amended (Chapter 41.12 RCW), be and the same is adopted by the city and all of the details and provisions of Chapter 13 as amended are made a part of this chapter as fully as if incorporated in this chapter. (Prior code § 1.34.010).
2.44.070 Police department – Civil service commission – Created – Members – Powers and duties.
There is created pursuant to Chapter 13 of the Session Laws of the State of Washington for 1937 a civil service commission for the police department, which commission shall be composed of three members and appointed by the mayor. The members of such commission shall hold office as provided in Chapter 13 and shall have and exercise all powers and duties prescribed by Chapter 13 of the Session Laws of the State of Washington for 1937 (Chapter 41.12 RCW). (Prior code § 1.34.020).
2.44.080 Police department civil service system – Amendments to state law.
All amendments to Chapter 13 of the Session Laws of 1937 (Chapter 41.12 RCW) are adopted by the city and made a part of this chapter as fully as if incorporated herein. (Prior code § 1.34.030).
2.44.090 Police force reserve – Established – Appointment – Supervision.
There is created an established police force reserve of not more than 20 voluntary members to supplement and assist the Colville police department in performing law enforcement functions and operations. Individual members shall be selected and appointed by the chief of police who shall also be responsible for their supervision, training, and the promulgation of rules and regulations necessary to effect reserve performance. (Ord. 932 NS § 2, 1985).
2.44.100 Police force reserve – Organization – Membership.
The police force reserve shall be organized and administered by the chief of police or by one or more regular officers of the Colville police department designated such responsibility by the chief of police. Reserve volunteer candidates must file application for membership with the chief of police and must:
A. Be a U.S. citizen and at least 21 years old;
B. Have completed high school or obtained a GED equivalent;
C. Submit to a thorough background and criminal investigation check;
D. Reside in or within the immediate proximity of the city;
E. Possess a valid and current Washington State driver’s license. (Ord. 932 NS § 2, 1985).
2.44.110 Police force reserve – Probational appointment – Commissioned appointment – Powers/limitations.
Applicants selected for membership in the police force reserve will be appointed to a probational officer status for a minimum period of six months from the date of appointment. During the probational period reserve officers must complete initial training requirements prescribed by the chief of police including both firearm and baton qualification and shall perform assigned duties under the immediate supervision of a regular city police officer or a commissioned reserve officer. Upon satisfactory completion of probation a reserve officer may, as determined by the chief of police, be commissioned which commission shall give the reserve officer the full powers of a regular commissioned police officer of the city including the power of arrest. Such powers and authorities shall apply and/or be exercised only when the commissioned reserve officer is actually performing duties with or for the city police department. When not on duty the officer shall not have these powers and authorities. (Ord. 932 NS § 2, 1985).
2.44.120 Police force reserve – Termination – Resignation.
Any police force reserve officer may be terminated at any time by the chief of police with or without cause. Any member may resign by giving written notice to the chief of police. Upon removal by termination or resignation all city-owned equipment including uniforms shall be surrendered to the chief of police within five working days immediately following the effective date of such action. (Ord. 932 NS § 2, 1985).
2.44.130 Police force reserve – Duties – Training.
Police reserve officers will perform general law enforcement duties as prescribed by the chief of police. Such duties may involve both line assignments in support of regular city police officers or special assignments requiring independent performance as directed and approved by the chief of police or his designee. All reserve officers must meet training requirements established by the police department unless excused by the chief of police. (Ord. 932 NS § 2, 1985).
2.44.140 Police force reserve – Compensation – Classification.
Police reserve officers shall not be considered as employees of the city but as volunteers performing a service without pay. They shall not be included in any bargaining unit nor be entitled to any benefits under police pension laws or any retirement plans for the city employees. Neither shall reserve officers be included within the classified police civil service system as applicable to regular officers of the Colville police department. (Ord. 932 NS § 2, 1985).
2.44.150 Police force reserve – Individual insurance – Civil liability.
The city shall register all police force reserve officers with the appropriate state agency so that in the event of injury or death in the performance of duty the officer will receive the benefits of any immunity from liability or any compensation for himself or his family which may be available under the laws of the state of Washington or the United States of America. In addition, the city shall provide police force reserve officers with civil liability insurance including false arrest coverage. (Ord. 932 NS § 2, 1985).
2.44.160 Police force reserve – Uniforms – Impersonating an officer.
Every reserve officer will be provided with uniforms prescribed and approved by the chief of police. The individual officer shall be responsible for care and cleaning of uniform clothing at his own expense. Replacement items will be issued as necessary upon approval by the chief of police. Uniforms shall be worn only while performing duty assigned or approved and with or for the Colville police department. It is a misdemeanor, punishable by a fine up to $500.00 or by imprisonment for up to 90 days, or both, for any person not a member of the police force reserve to:
A. Wear, display or carry any items which have been issued to any member of the Colville police force reserve;
B. Represent, identify or hold himself out in any manner whatsoever to be a member of the Colville police force reserve. (Ord. 932 NS § 2, 1985).
2.44.170 Volunteer firefighters’ relief and pension benefits allowed for police reserve officers.
The state has, by Chapter 41.24 RCW, provided for the Volunteer Firefighters’ Relief and Pension Act the benefits of which are extended to qualifying reserve police officers.
The State Board for Volunteer Firefighters administers the Volunteer Firefighters’ Relief and Pension Act. (Ord. 1157 NS § 1, 1997).
2.44.180 Participation in volunteer firefighters’ relief and pension plan.
The city shall allow participation in the volunteer firefighters’ relief and pension plan, administered by the State Board for Volunteer Firefighters, by qualifying reserve police officers under option 3 as follows:
A. To count credit for all service as a reserve officer, but only if the actuarial cost, as determined by the State Board, is paid by the municipality. The municipality may charge reserve officers for any portion of the cost. The city shall determine annually the amount or portion of the cost to be charged to the reserve officer;
B. To pay annual fees for service prior to the effective date of the ordinance codified in this section if the municipality pays the actuarial cost, as determined by the State Board, of the benefit provided in this subsection. (The municipality may charge reserve officers for any portion of the cost.) Provided, however, the reserve officer electing to count credit for prior years of service as allowed herein shall be responsible for 100 percent of all charges, fees and costs associated therewith and must pay same prior to enrollment. (Ord. 1157 NS § 2, 1997).