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HomeMy WebLinkAbout10541-17 Establishing a Part-Time Police Officer Program ORDINANCE No . 10541-17 Passed by the Common Council of the City of South Bend, Indiana September 25, 20 17 Attest: City Clerk Attest: President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana September 26, 20 17 c � City Clerk Approved and signed by me 20 Mayo Bill No. ORDINANCE NO. ) b ) 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. Only while so employed, during work hours,these part-time officers (PTO) shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. PTO's at no time outside of actual work hours will use any: identification, device,badge, insignia, uniform, or depiction of the South Bend Police Department or City of South Bend, for any reason. Implementation of a PTO program within the City of South Bend Police Department, as proposed and described by the City's Chief of Police is in the best interest of the residents of the City, and provides a flexible response to the multiple public safety needs of the community. NOW, THEREFORE,BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. A Police Department Part-Time Officer Program, as proposed by the Chief of Police for the City of South Bend is hereby established for the City of South Bend, Indiana, to assist or enhance full-time police officers with law enforcement activities as assigned by the Chief of Police or his/her designee,which may include non-police, civilian work from time to time. While so employed, during work hours,these part-time officers shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. SECTION II. Part-time police officers shall be hired as needed at the discretion of and by the chief of police subject to appointment by the public safety board. Part-time police officers shall be governed by the same rules,regulations,policies and directives as full-time members of the Police Department; except that part-time police officers shall be without rank and shall not be subject to any portion of any collective bargaining agreement or merit decisions under Ind. Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by the Indiana Law Enforcement Training Board for such described officers. SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction of the Chief of Police. Any and all part-time officers serve at the discretion of the Chief of Police, shall have no property rights in said employment, and may be removed by the Chief of Police at any time. SECTION IV. Part-time police officers shall not be used as permanent replacements for permanent full-time police officers and they shall not be assigned,under any circumstances, to supervise or to direct full-time police officers. SECTION V. Part-time police officers shall be paid per hour of work at the rate of 80% of the current hourly rate of a South Bend Police Patrolman First Class rank. Each part-time officer is not guaranteed any work at any time and shall not exceed 1000 hours of work in any one calendar year SECTION VI. PTO's at no time outside of actual work hours will use any: identification, device, badge, insignia,uniform, or depiction of the South Bend Police Department or City of South Bend, for any reason. SECTION VII. This ordinance shall be in full force and effect upon its passage by this Common Council, signature by the Mayor, and any publication required by law. PASSED AND ADOPTED by the Common Council of the City of South Bend, Indiana this day of sp (jm , 2017. Member, ouncil of the City of South Bend ATTEST: emah Fowler, (Clerk/ Presented by me, the undersigned Clerk of the City of South Bend, to the Mayor of the City for his approval on the c�j(c day of , 2017, at a;3() o'clock s,�7— .m. areemah Fowle , Clerk Having examined the foregoing Ordinance, I do now, as the Mayor of the City of South Bend, approve said Ordinance and return the same to the Clerk of the City of South Bend this day of 2017. Pete Buttigieg, or Filed in Clerk's Office 1 st READING a/li�i� SEP 0 6 2017 PUBLIC HEARINGq���l� 3 rd READING OTjte-1Jrl KAREEMAH FOWLER NOT APPROVED CITY CLERK,SOUTH BEND,IN REFERREDq/11`{1 PASSED 91 Ill Filed in Clerk's Office SEP 06 ?011 KAREEMAH FOWLED CITY CLERK,SOUTH SEND,IN RESOLUTION NO. A RESOLUTION OF THE BOARD OF PUBLIC,SAFETY OF THE CITY OF SOUTH BEND,INDIANA,ADOPTING AND APPROVING THE POLICE CHIEF'S PART- TIME POLICE OFFICER PROGRAM FOR THE CITY OF SOUTH BEND AND ITS POLICE DEPARTMENT WHEREAS, 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; and WHEREAS, 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 orders 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) and because it is not in conflict with Indiana State law; and WHEREAS, The PTO, as proposed by the City's Chief of Police 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 that city. Ind. Code 36-1-3-3; and WHEREAS,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 finally approved and fixed by the South Bend 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),no more than 1,000 hours per year; and whose discipline authority would be solely the South Bend chief of police; and WHEREAS,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. While so employed,these part-time officers (PTO) shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. WHEREAS, Implementation of a PTO program within the City of South Bend Police Department, as proposed and described by the City's Chief of Police, is in the best interest of the residents of the City, and provides a flexible response to the multiple public safety needs of the community. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF PUBLIC SAFETY OF THE CITY OF SOUTH BEND,INDIANA as follows: SECTION I. A Police Department Part-Time Officer Program, as proposed by the Chief of Police for the City of South Bend is hereby established for the City of South Bend, Indiana, to assist full-time police officers with law enforcement activities as assigned by the Chief of Police or his/her designee,which may include non-police,civilian work from time to time. Only while so employed, during work hours, these part-time officers shall have the same scope and range of authority as full-time officers to the full extent provided by Indiana law. SECTION II. Part-time police officers shall be hired as needed at the discretion of and by the chief of police subject to appointment by the Board of Public Safety. Part-time police officers shall be governed by the same rules,regulations,policies and directives as full-time members of the Police Department, except that part-time police officers shall be without rank and shall not be subject to any portion of any collective bargaining agreement or merit decisions under Ind. Code 36-8-3.5-13. Part-time officers must fulfill all training requirements set forth by the Indiana Law Enforcement Training Board for such described officers. SECTION III. Part-time officers shall be under the sole disciplinary jurisdiction of the Chief of Police. Any and all part-time officers serve at the discretion of the Chief of Police, shall have no property rights in said employment, and may be removed by the Chief of Police at any time. SECTION IV. Part-time police officers shall not be used as permanent replacements for permanent full-time police officers and they shall not be assigned, under any circumstances,to supervise or to direct full-time police officers. SECTION V. Subject to approval by the South Bend Common Council,part-time police officers shall be paid per hour of work at the rate of 80%of the current hourly rate of a South Bend Police Patrolman First Class rank. Each part-time officer is not guaranteed any work at any time and shall not exceed the Fair Labor Standards definition of part-time laborer,not more than one thousand(1,000)hours of work in any one calendar year. SECTION VI. PTO's at no time outside of actual work hours will use any: identification, device,badge,insignia, uniform, or depiction of the South Bend Police Department or City of South Bend,for any reason. BOARD OF PUBLIC SAFETY John Collins,President Eddie L. Miller Member Luther Taylor, Member Daniel Jones,Member Brian Pawlowski, Member ATTEST: Linda M. Martin, Clerk