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Home My WebLink AboutPO 7108: ORDINANCE AMENDING SEC. 50-32 OF ARTICLE II OF CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR City of ort rlhur www.PortArthurTx.gov INTEROFFICE MEMORANDUM Date: October 13, 2022 To: The Honorable Mayor and City Council Through: Ronald Burton, City Manager From: Timothy Duriso, Chief of Police ,1' RE: PO 7108—Ordinance amending Sec. 50-32 of Article II of Chapter 50 of the Code of Ordinances of the City of Port Arthur Introduction: The intent of this Agenda Item is to seek the City Council's approval to amend Sec. 50-32 of Article II (Qualifications) of chapter 50 (Law Enforcement) of the Code of Ordinances of the City of Port Arthur. Background: The Port Arthur Police Department would be amending the current ordinance, as it would be in the best interest of the city of Port Arthur to make amendment to this section to eliminate the residential and age requirements to be appointed as a Reserve Police Officer in the City of Port Arthur. The change would allow for the Police Department to commission a diverse and mature group of individuals to assist current full time members of the Port Arthur Police Department to fulfill the mission of providing quality services to the citizens of Port Arthur. Budget Impact: There is no budgetary impact, Recommendation: It is recommended that the City Council approve the amendment to Sec. 50-32 of Article II (Qualifications)of Chapter 50 (Law Enforcement) of the Code of Ordinances of the City of Port Arthur. "Remember,we are here to serve the Citizens of Port Arthur" P.O.Box 1089 X Port Arthur,Texas 77641-1089 X 409.983.8101 X FAX 409.982.6743 P.O. 7108 JLH 10/31/22 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 50 (LAW ENFORCEMENT) , ARTICLE II (POLICE RESERVE FORCE) , SECTION 50-32 (QUALIFICATIONS) OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR AS IT PERTAINS TO RESIDENTIAL AND AGE REQUIREMENTS WHEREAS, the Port Arthur Police Department deems that it would be in the best interest of the City of Port Arthur to amend Chapter 50 of the Code of Ordinances, particularly Section 50-32 pertaining to qualifications of appointment as a Reserve Police Officer; and WHEREAS, the proposed amendment is intended to reflect that all applicants appointed as a police reserve shall meet the minimum training, physical, mental, educational, and moral standards established by the commission on law enforcement officers' standards and education; and WHEREAS, the proposed amendment would eliminate the residential and age requirements that the ordinance currently has in place. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: Section 1. That the facts and opinions in the preamble are true and correct . Section 2 . That Chapter 50 (Law Enforcement) , Article II (Police Reserve Force) , Section 50-32 (Qualifications) of the Code of Ordinances be amended as denoted in the attached Exhibit "A" . Section 3 . That a copy of the Ordinance shall be spread upon the Minutes of the City Council . READ, ADOPTED AND APPROVED on this day of November, A.D. , 2022 , at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote : AYES: Mayor: P.O. 7108 JLH 10/31/22 Councilmembers : NOES: Thurman Bill Bartie Mayor ATTEST: Sherri Bellard City Secretary APPROVED AS TO FORM: Val Tizeno City Attorney APPROVED FOR ADMINISTRATION: Ronald Burton City Manager /// 0,J1L/c fi Timot W. Duriso Chie of Police P.O. 7108 JLH 10/31/22 EXHIBIT "A" PART II-CODE OF ORDINANCES Chapter 50 LAW ENFORCEMENT Chapter 50 LAW ENFORCEMENT1 ARTICLE I. IN GENERAL Secs. 50-1-50-30. Reserved. ARTICLE II. POLICE RESERVE FORCE2 Sec. 50-31. Established; appointments. There is established in the city,a police reserve force, in addition to the regularly constituted police force of the city, and the name of the organization shall be the"Port Arthur Police Reserve." Members of the police reserve shall be appointed at the discretion of the chief of police and shall serve as peace officers during the actual discharge of their official duties. (Code 1961, § 17A-16) Sec. 50-32. Qualifications. All applicants appointed to the police reserve shall meet the minimum training, physical, mental,educational and moral standards established by the commission on law enforcement officers standards and education. Applicants must meet the height and weight restrictions established by the city for regular police officers-AI4 sidents of the city, (Code 1961, § 17A-17) Sec. 50-33. Duties. (a) Members of the police reserve shall serve at the discretion of the chief of police and may be called into service at any time the chief of police considers it necessary to have additional officers to preserve the peace and enforce the law. However, no person appointed to the police reserve force may carry a weapon or otherwise act as a peace officer until he has been approved by the chief of police,the city council,and otherwise complies with the provisions of this article.After approval, he may carry a weapon only when authorized by the chief of police,and when discharging his official duties as a duly constituted police officer. (b) Police reserve officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full time duties of regular police officers, and then only after first complying with all requirements for such regular police officers.The chief of police may, by order,establish rules and 'Cross reference(s)—Administration,ch. 2;civil emergencies, ch. 26;courts,ch.30;offenses,ch.62; personnel,ch. 78;firefighters and police officers civil service,§78-361 et seq.;traffic,ch. 106. 'State law reference(s)—Police reserve force,V.T.C.A., Local Government Code§341.012. Port Arthur,Texas,Code of Ordinances Created: 2022-09-13 10:29:54 [EST] (Supp. No.43) Page 1 of 2 regulations to govern the police reserve,to fix the specific duties of its members and to provide for the maintenance of discipline. He may change such orders from time to time, and he may command members of the police reserve to obey the instructions of regular police officers in carrying out their duties. (Code 1961, § 17A-18) Sec. 50-34. Compensation and benefits. Members of the police reserve shall serve without compensation from the city;however,the city shall provide uniforms for the members. Members shall be required to furnish their own sidearms meeting police regulations. Nothing in this section or in this article shall be construed to authorize or permit a member to become eligible for participation in any pension fund,or other benefits created pursuant to state statute,or city ordinances to which regular officers may become a member by payroll deduction,or otherwise.A member of the police reserve shall not be considered an officer or employee of the city for any purpose other than expressly stated in this article,and in particular shall not be subject to or covered by chapter 78 of this Code. (Code 1961,§ 17A-19) Sec. 50-35. Appointment. No person shall be appointed to membership in the police reserve without having first made written application therefor to the chief of police.Such application shall be made, under oath, on such form and giving such information as the chief of police may require. Upon approval by the chief of police,such application shall be further approved by the city manager and the city council,and its action shall become a part of the official minutes of that body. Upon concurrence of the chief of police,city manager and the city council,the appointment shall become effective. (Code 1961,§17A-20) Sec. 50-36. Limitation as to number; terms of office; reprimand; suspension and discharge. (a) Maximum authorized membership in the police reserve shall be limited to 20 members,and they shall hold their office at the discretion of the chief of police. (b) Should any member prove himself incompetent to perform or discharge his duties,or refuse to conform to rules and regulations of the department,or in any manner so conduct himself,whereby the department may be brought into ill repute, he shall,at the discretion of the chief of police, be subject to a reprimand, suspension or discharge by such chief. (Code 1961, § 17A-21) Secs. 50-37-50-70. Reserved. Created: 2022-09-13 10:29:54 [EST] (Supp.No.43) Page 2 of 2