Chapter 2.42
POLICE DEPARTMENT
Sections:
2.42.030 Police chief – Civil service.
2.42.050 Members – Appointment and commissions.
2.42.070 Police department staffing.
2.42.080 Community service officers.
2.42.120 Scope of limited commission.
2.42.010 Establishment.
Pursuant to Resolution No. 07-395, there was established and created a police department in the town of Twisp, to be operated under the direction and control of the town’s chief law enforcement officer, the chief of police, subject to the supervision by the town mayor. (Ord. 642 § 1, 2012)
2.42.020 Chief – Appointment.
The chief of police shall be appointed by the town mayor, by contract, and may be removed by the town mayor. Removal shall be in accordance with law, contract, and the policies of the town of Twisp, hereinafter referred to as “town.” (Ord. 642 § 1, 2012)
2.42.030 Police chief – Civil service.
Pursuant to RCW 41.12.050, the position of chief of police is not excluded from civil service. (Ord. 642 § 1, 2012)
2.42.040 Oath.
The chief of police shall take an oath to uphold the laws of the town. (Ord. 642 § 1, 2012)
2.42.050 Members – Appointment and commissions.
All personnel below the rank of chief shall be appointed and commissioned by the chief of police in accordance with the applicable law, ordinance, rule or regulation relating to civil service, except as exempted in accordance with RCW 41.12.050, and may be removed by the chief of police subject to any applicable law, ordinance, rule or regulation then in force and effect. No police commission for regular, temporary or honorary personnel 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. (Ord. 642 § 1, 2012)
2.42.060 Police powers.
The chief of police and all commissioned police personnel shall have the powers granted to them by state and local law; and shall be responsible for those duties imposed by the laws of the state relating to chief of police and law enforcement personnel for the town. The chief of police and all law enforcement personnel shall have the power and duty to enforce the ordinances of the town and to perform such other services as the laws of the state or the ordinances of the town may now or hereafter require, including acts authorized pursuant to the Inter-Local Cooperation Act, and the Mutual Aid Peace Officers Powers Act pursuant to Chapter 10.93 RCW. (Ord. 642 § 1, 2012)
2.42.070 Police department staffing.
The police department shall be staffed by regular commissioned personnel in such numbers as shall be deemed necessary by the town council pursuant to its adopted budget.
The department may be supplemented by such support personnel as would be required to aid in the everyday operations of the police department. Such support personnel, also known as clerical staff, shall not be commissioned officers. Only full-time employees may be a part of the civil service system. (Ord. 642 § 1, 2012)
2.42.080 Community service officers.
Community service officers, whether paid or volunteer, part-time or full-time, shall have limited powers and shall not be considered commissioned officers. Only full-time community service officers are a part of the civil service system. (Ord. 642 § 1, 2012)
2.42.090 Additional powers.
The chief of police is authorized to engage in forfeiture hearings and proceedings according to Chapter 69.50 RCW, RCW 10.105.010, as amended, and any other applicable state law. (Ord. 642 § 1, 2012)
2.42.100 Forfeited items.
Real or personal property forfeited to the Twisp police department pursuant to Chapter 69.50 RCW, and any other state statutes or pursuant to a court order may be sold, auctioned, converted or otherwise disposed of pursuant to the provisions of the statutory authority or court order authorizing forfeiture. (Ord. 642 § 1, 2012)
2.42.110 Commissions.
The Twisp police department, as a general authority Washington law enforcement agency, does hereby provide a limited special commission to qualifying employees of the town, specifically those employees responsible for code enforcement, animal control and to building officials who are authorized to enforce certain civil and criminal laws, as well as those holding the position of court compliance officer and community service officer. (Ord. 642 § 1, 2012)
2.42.120 Scope of limited commission.
The scope of the commission granted to court compliance officers shall be different from that granted to other employees with the same level of commission. Court compliance officers shall be authorized to carry and use firearms, tasers or other weapons issued by the Twisp police department to perform the duties of the position after successful completion of training in the deployment of the weapons and successful completion of the State Correctional Officer Academy. This commission is only effective while the court compliance officer is on duty for the town. Nothing in this section shall extend more authority beyond that necessary to accomplish the duties of court compliance officer.
For all other employees with special limited commissions, the commission granted shall not grant any power of arrest, nor shall it grant any authority to carry firearms or tasers. Code enforcement officers, building officials, community service officers and animal control officers are authorized to carry oleoresin capsicum (o.c.) spray issued by the Twisp police department and may only use the o.c. spray for defensive purposes after successful completion of training in the deployment of the spray. In addition, animal control officers may also carry and use tranquilizer darts or other weapons designed for use on animals in conjunction with animal control functions. No one commissioned pursuant to this section shall have any authority beyond that necessary to issue notices of infraction and criminal citations for violations of town ordinances or state law. (Ord. 642 § 1, 2012)
2.42.130 Reserve officers.
Reserve officers shall be considered commissioned officers entitled to participate in the Volunteer Firefighters and Reserve Officer Relief and Pension Program and shall serve without pay for the period as determined by the chief of police. The reserve officer’s commission shall be valid only when on an official duty as a part of an assigned shift or detail. The chief of police will ensure reserves have received proper background screening, training and certifications consistent with standards established under Washington law, town ordinance and civil service directive. The chief of police will also establish standards for continued eligibility for reserve assignment that will ensure reserve officers remain current with training and certifications, as well as familiar and compliant with ordinances of the town and policies of the police department.
(1) Reserve officers shall be deemed to be agents or employees of the town of Twisp while on official duty and shall have the right to use the Twisp police department’s equipment, vehicles and uniforms as deemed necessary and authorized by the chief of police. (Ord. 642 § 1, 2012)