56-17 Part Time Police Officer Program

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Bill No. ORDINANCE NO. AN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF SOUTH BEND, INDIANA,ESTABLISHING A PART-TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND THE POLICE DEPARTMENT STATEMENT OF PURPOSE AND INTENT The City of South Bend is faced with events periodically,but not regularly,that demand use of public security assistance or reinforcement. At those times, the full-time South Bend Police Department membership is stretched to its utmost capacity. Yet,hiring additional regular members of the Police Department would not be appropriate merely to cover such unusual but intermittent events. At other times,the Police Department, despite best efforts,has had difficulty recruiting sufficient full-time officers to meet the fullest range of law enforcement/community demands. To resolve the challenges of these conditions and to provide the South Bend Police Department with greater flexibility,the Police Chief, by authority as the person with statutory exclusive control of the police department, subject to the rules and order of the safety board, (Ind. Code 36-8-3-3(g)), desires to create a program within the South Bend Police Department to be known as the Part-Time Officer Program (PTO). The PTO is within the City's home rule authority because any doubt as to the existence of a city's power to act is construed in favor of the City, Ind. Code 36-1-3-3, and because it is not inconsistent with Indiana State law. The PTO is to be comprised of part-time, sworn employees to be hired as needed subject to appointment by the safety board per Ind. Code 36-8-3-3 (c) (1), who would not be full-time officers; would not be members of the City's police collective bargaining Agreement; whose salaries would be set by this Common Council; who would not be entitled to benefits other than as provided herein,who would be of one class without rank and not subject to merit promotion; who would not be guaranteed to work any hours at all, and who would not work full-time as defined by the Federal Fair Labor Standards Act(FLSA), would not exceed 1,000 hours annually, and whose discipline authority would be solely the South Bend chief of police. These part-time officers would supplement or enhance full-time officers and assist with special events, designated patrols, and other assignments, at the discretion of the Chief of Police.