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O-2761-9-08ORDINANCE NO. 2761-9-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, FOR THE PURPOSE OF ACHIEVING BEST PRACTICES RECOGNITION STATUS FROM THE TEXAS POLICE CHIEF ASSOCIATION'S LAW ENFORCEMENT BEST PRACTICES RECOGNITION PROGRAM BY CODIFYING PRIOR POLICE DEPARTMENT REGULATIONS INTO THE CODE OF ORDINANCES AS DIVISION 1 OF CHAPTER 2 OF THE CODE OF ORDINANCES; BY REDESIGNATING THE POLICE RESERVE AS DIVISION 2 OF CHAPTER 2; PROVIDING A REPEALING CLAUSE; SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Police Department is actively engaged in pursuing "Recognized" status from the Texas Police Chiefs Association's Law Enforcement Best Business Practices Recognition Program; and WHEREAS, the City Council has determined that this ordinance is necessary for the desired Program recognition. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The regulations of the Police Department be and the same are hereby codified by amending the Code of Ordinances of the City of Allen, Collin County, Texas, in part to read as follows: ' "DIVISION 1. GENERALLY Sec. 2-16. The purpose and intent of this division is to secure the general health, safety and welfare of the residents of the City by: (1) explicitly creating a police department and outlining both its authority and jurisdiction; (2) explicitly creating the position of Chief of Police to oversee and manage the Police Department; and (3) outlining the duties and responsibilities of both the Chief of Police and Officers. See. 2-17. Creation of department; jurisdiction. There is hereby created a Police Department of the city, at the head of which shall be the Chief of Police. The Police Department shall be composed of the Chief of the Police and other officers and employees as the City Council may provide. The jurisdiction of the Department shall be the corporate limits of the City and that property lying outside the city limits which is owned by the City, except as otherwise provided by state law. See. 2-18. Certification; compliance with state requirements. ' No person will be certified as a Police Officer who has not complied with the basic requirements established by the state of Texas for Police Officers and by the city acting through the Chief of Police. Sec. 2-19. Chief of Police. ' (A) The Police Department of the city shall consist of the Chief of Police and such members as the City Council may provide. (B) The Chief of the Police shall be appointed by the City Manager. (C) The Chief of the Police shall carry out the functions of the Police Department relating to public safety and enforcement of ordinances, state and federal laws; organize the Police Department of the city in conformity with the laws of the state of Texas and the ordinances of the city; and shall promulgate policies, procedures, odes, directives and orders for the administration of the department, including but not limited to discipline within the Police Department. Sec. 2-20. Authority and Duties of Police Officers. (A) Individual officers constituting the city Police Department are invested with all the power and authority given to them as peace officers under the laws of the state. Inherent with this power and authority is the obligation to preserve the peace, to enforce the ordinances and regulations of the city, the laws of the slate of Texas and of the United States, to take legal custody of offenders and to secure the citizens from violence. (B) All personnel of the Police Department shall he bound by the most current directives, orders, odes, regulations and procedures for the operation of the Police Department as may be promulgated or as hereinafter amended by the Chief of Police, and failure to abide thereby shall subject the violating personnel to such disciplinary action as may be determined by the Chief of Police within the limits of state law and city ordinances. Sec. 2-21. Personnel Policy. The Police Department's General Orders attached [to Ordinance No. 2265-2-04] as Exhibit "A" and incorporated herein [by reference] are hereby approved and adopted. Secs. 2-22-25. Reserved DIVISION 2. POLICE RESERVE FORCE* Sec. 2-26. Established There is hereby established a police reserve force for the city. Sec. 2-27. Appointment and removal of members. Members of the police reserve force shall be appointed and/or relieved, as provided in V.T.C.A., Local Government Code § 141.007, at the discretion of the Chief of Police. Sec. 2-28. Number of members. The police reserve force shall not exceed in number one-half of the total number of regular police officers authorized. ' Sec. 2-29. Authority of chief of police. Ordinance No. 2761-9-08. Page 2 Members of the police reserve force shall serve at the discretion of the Chief of Police and may be called into active service at any time the Chief of Police or designee considers it necessary to have additional ' police officers to preserve the peace and enforce the law. Sec. 2-30. Benefits for members. Members of the police reserve force may serve without compensation. Uniforms and uniform compensation may be provided to the reserve police officers at the discretion of the Chief of Police. The city may provide hospital and medical assistance to members of the police reserve force who sustain injury in the course of performing official duties, in the same manner as provided by the city for its full-time police officers. Sea 2-31. Training of standards—State. Reserve police officers must comply with the minimum training standards established by the Texas Commission on Law Enforcement Officer Standards and Education. Such minimum standards, established for all reserve law enforcement officers, must be fulfilled before a person appointed as a reserve law enforcement officer may carry a weapon or otherwise act as a peace officer. Sec. 2-32. Local Standards. The Chief of Police shall establish qualifications and standards of training for members of the police reserve force and shall establish policies and regulations governing reserve police officers. The chief of police may establish minimum physical, mental, educational and moral standards as used by the regular police department, but in no case shall the standards be less than that established by the Texas Commission on Law Enforcement Officer Standards and Education. ' Sea 2-33. Conflicts. If any portion of this division is in conflict with any portion of the laws of the state of Texas, the terms and provisions of those laws will govern. Secs. 2-34-245. Reserved." SECTION 3. All ordinances of the City of Allen, Collin County, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed; provided, however that all other provisions of said ordinances not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4. Should my word, sentence, paragraph, subdivision, clause, phrase or section of this ordinance, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance, which shall remain in full force and effect. SECTION 5. This ordinance shall take effect immediately from and after its passage in accordance with its provisions of the Charter of the City of Allen, and it is accordingly so ordained. Ordinance No. 2761-9-05. Page 3 I DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 9'° DAY OF SEPTEMBER, 2008. APPROVED AS TO FORM: Peter G. Smith, cnVATTORNEY (PGStc 26777) APPROVED: Stephen-Terrtll, MAYOR ATTEST: Shelley B—Georg , 'RMC, CITY CRETARY Ordinance No. 2761-9-08, Page 4