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HomeMy Public PortalAbout19721004SCMeeting1 1 1 Savannah Beach, Georgia October 4, 1972 A Special Meeting of Council was held on October 4, 1972 at 7 :30 P.M. for the purpose of: 1. Amending that section of the City's Code of Ordinances pertaining to the sale of alcoholic beverages, so as to re- define the times that alcoholic beverages or distilled spirits for beverage purposes by the drink may be sold by persons or businesses having licenses issued by the municipality. 2. To adopt a new set of Rules and Regulations for officers and employees of the Savannah Beach Police Department. 3. AND. FOR OTHER PURPOSES The Meeting was presided over by Mayor William Allen Hendrix and the following Councilmen were in attendance: Edward Jung, Earl Anderson, Walter Parker, Edward Towns and Ernest Hosti. City Attorney Bart Shea was also in attendance. Councilman Perry Zittrauer was absent from the Meeting. After opening the Meeting, Mayor Hendrix requested Attorney Shea to read the Ordinance amending our present ORDINANCE GOVERNING THE SALE OF ALCOHOLIC BEVERAGES. Councilman Parker moved for unanimous consent to waive the second reading of this Ordinance. This motion was seconded by Councilman Hosti and unanimously carried. A second reading was, therefore, not necessary for the adoption of the Ordinance. Councilman Parker then moved the adoption of this Ordinance on first reading. The motion was seconded by Councilman Hosti and unanimously carried. AMENDMENT TO ORDINANCE City Attorney Bart Shea informed Council that a new set of Rules and Regulations for the Savannah Beach Police Department had been approved by the Police Committee and was now ready for some action by Council. Police Commissioner Walter Parker moved that Council adopt these new Rules and Regulations. The motion was seconded by Councilman Jung and unanimously carried. RULES AND REGULATIONS FOR POLICE DEPARTMENT City Attorney Shea informed Council that he was in receipt of a petition, resolution and quit claim deed on behalf of Mr. John H. Crawford, Jr., in which he requested the City to quit claim back to him property at Savannah Beach known as Lot 28, Fort Ward, Savannah Beach which was offered for sale under Fi Fas to satisfy City of Savannah Beach taxes for the year 1967, which property was subsequently bought in by the City of Savannah Beach and the Tax Deed duly recorded in the office of the Clerk of Supreme Court of Chatham County. Mr. Crawford's petition states that all taxes, interest and charges due the City of Savannah Beach have been paid. Councilman Towns moved that the Resolution be adopted and the Mayor be authorized to execute the quit claim deed to Mr. Crawford. The motion was seconded and unanimously carried. RESOLUTION There being no further business, the meeting was adjourned to the next regular or special called meeting. CLERK OF COUNCIL 1 1 1 1 AN ORDINANCE AN ORDINANCE TO AMEND CHAPTER 3, ARTICLE I, SECTION 3-1 OF THE CODE OF ORDINANCES, CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA, PERTAINING TO ALCOHOLIC BEVERAGES, BUSINESS HOURS, SO AS TO RE- DEFINE THE TIMES THAT ALCOHOLIC BEVERAGES OR DISTILLED SPIRITS FOR BEVERAGE PURPOSES BY THE DRINK MAY BE SOLD BY PERSONS OR BUSINESSES HAVING LICENSES ISSUED BY THE MUNICIPALITY; TO SET FORTH WHO SHALL BE RESPONSIBLE FOR COMPLYING WITH THE PROVISIONS, RULES AND REGULATIONS OF THIS SECTION; TO PRESCRIBE THE PENALTY FOR VIOLATING ANY OF SUCH PROVISIONS; TO REPEAL ANY AND ALL CONFLICTING ORDINANCES OR PROVISIONS; AND FOR OTHER PURPOSES. BE IT ORDAINED by the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, Georgia, in council duly assembled, and it is hereby ordained by authority of the same that Chapter 3, Article I, Section 3 -1(a) pertaining to Alcoholic beverages and any and all subsections thereunder, and Sections 3 -1(b), 3 -2 and 3 -3 be struck in their entirety and insert in lieu thereof the following: °SECTION 3 -1. BUSINESS HOURS - SPECIFIED; AND RESPONSIBILITY FOR COMPLIANCE. (a) The following rules and regulations shall apply for the retail sale of alcoholic beverages, distilled spirits or spirituous liquors for beverage purposes by the drink, such sales to be for consumption on the premises only; (1) It shall be unlawful for any person or business to sell or offer for sale any alcoholic beverages, distilled spirits, or spirituous liquors for beverage purposes by the drink for consumption on the premises, as such terms are defined by Georgia Code Section 58 -1011 during the following times: (2) MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY SUNDAY 12:01 2:01 2:01 2:01 2:01 2:01 12:01 a.m. a.m. a.m. a.m. a.m. a.m. a.m. to to to to to to to 9:00 a.m. 9:00 a.m. 9:00 a.m. 9:00 a.m. 9:00 a.m. 9:00 a.m. 12:01 a.m. Monday Tuesday Wednesday Thursday Friday Saturday Monday Said businesses will close and shall not open and operate between the hours of twelve midnight on Saturday and 9:00 a.m. on Monday of each week. (3) Said businesses shall not be allowed to open, operate or do business during the hours herein specified, notwithstanding that said businesses may possess a restaurant or food license. (b) The owner, operator and employee of each such place of business shall be responsible for complying with the provisions, rules and regulations of this Section. SECTION 3 -2. PUNISHMENT FOR VIOLATIONS: Any person violating any of the provisions, rules or regulations of Section 3 -1(a) or subsections (1) through (3), or Section 3 -1(b) shall be subject to revocation of license, and upon conviction shall be subject to punishment as provided in Section 1 -8 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia. SECTION 3 -3. DISPENSING ON ELECTION DAYS: It shall be unlawful for any person or business to sell or offer for sale any alcoholic beverages, distilled spirits or spirituous liquors for beverage purposes by the drink for consumption on the premises only as such terms are defined by George Code Section 58 -1011 on days of election whether National, State, County, Municipal or primary elections, from one hour prior to the opening of the polls and ending one hour after the closing of such election polls." ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH ARE REPEALED. ADOPTED in open council meeting this 4th day of October 1972. ATTEST: 1 CITY OF SAVANNAH BEACH, TYBEE ISLAND, GA. BY f,e�p Mayor Clerk of Council (SEAL) First Reading: October 4, 1972 Second Reading: October 4, 1972 Adopted: October 4, 1972 1 1 RULES AND REGULATIONS FOR OFFICERS AND EMPLOYEES OF THE POLICE DEPARTMENT OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, GEORGIA 100. PROFESSIONAL CONDUCT AND RESPONSIBILITIES. 101. STANDARD OF CONDUCT. Members and employees shall conduct their private and professional lives in such a manner as to avoid bringing the Department into disrepute. 102. LOYALTY. Loyalty to the Department and to associates is an important factor in departmental morale and efficiency. Members and employees shall maintain a loyalty to the Department and their associates as is consistent with the law and personal ethics. 103. COOPERATION. Cooperation between the ranks and units of the Department is essential to effective law enforcement. Therefore, all members are strictly charged with establishing and maintaining a high spirit of cooperation within the Department. 104. ASSISTANCE. All members are required to take appropriate police action toward aiding a fellow peace officer exposed to danger or in a situation where danger might be impending. 105. GENERAL RESPONSIBILITIES. Within the City, members shall at all times take appropriate action to: *Protect life and property. *Preserve the peace. *Prevent crime. *Detect and arrest violators of the law. *Enforce all Federal, State, and local laws and ordinances coming within departmental jurisdiction. 166. DUTY RESPONSIBILITIES. Members of the Department are always subject to duty although periodically relieved of its routine performance. They shall, at all times, respond to the lawful orders of superior officers and other proper authorities as well as calls for police assistance from citizens. Proper police action must be taken whenever required. The administrative delegation of the enforcement of certain laws and ordinances to particular units of the Department does not relieve members of other units from the responsibility of taking prompt, effective police action within the scope of those laws and ordinances when the occasion so re- quires. Members assigned to special duties are not relieved from taking proper action outside the scope of their specialized assignment when necessary. 107. INSUBORDINATION. Failure or deliberate refusal of any member or employee to obey a lawful order given by a superior officer shall be insubordination. Rediculing a superior officer or his orders, whether in or out of his presence is also insubordination. 108. QUESTIONS REGARDING ASSIGNMENT. Members and employees in doubt as to the nature or detail of their assignments shall seek such information from their supervisors. 109. KNOWLEDGE OF LAWS AND REGULATIONS. Every member is re- quired to establish and maintain a working knowledge of laws and ordinances in force in the City, the rules and policies of the Department. In the event of improper action or breach of discipline it will be presumed that the member was familiar with the law, rule or policy in question. 110. PERFORMANCE OF DUTY. All members and employees shall perform their duties as required or directed by law, rule, policy or order, or by order of a superior officer. All lawful duties required by competent authority shall be performed as directed, notwithstanding the general assignment of duties and responsibilities. 111. OBEDIENCE TO LAWS AND REGULATIONS. Members and employees shall observe and obey all laws and ordinances, all rules and regulations of the Department and all General or Special Orders of the Department. 112. CONDUCT TOWARD SUPERIOR AND SUBORDINATE OFFICERS AND ASSOCIATES. Members and employees shall treat superior officers, subordinates and associates with respect. They shall be courteous and civil at all times in their relationships with one another. When on duty and particularly in the presence of other members, employees or the public, officers should be referred to by rank. 113. CRITICISM OF ORDERS. Members and employees shall not publicly criticize instructions or orders they have received. 114. MANNER OF ISSUING ORDERS. Orders from superior to sub- ordinate shall be in clear and understandable language, civil in tone and issued in pursuit of departmental business. UNLAWFUL ORDERS. No command or supervisory officer shall knowingly issue an order which is in violation of any law or ordinance or departmental rules. II 116. OBEDIENCE TO UNLAWFUL ORDERS. Obedience to an unlawful order is never a defense for an unlawful action; therefore, no member or employee is required to obey any order which is contrary to Federal or State law or local ordinance. Responsibility for refusal to obey rests with the member. He shall be strictly required to justify his action. 117. OBEDIENCE TO UNJUST OR IMPROPER ORDERS. Members or employees who are given orders they feel to be unjust or contrary to rules and regulations, must first obey the order to the best of their ability and then may proceed to appeal as provided below. 118. CONFLICTING ORDERS. Upon receipt of an order conflicting with any previous order or instruction, the member affected will advise the person issuing the second order of this fact. Responsibility for countermanding the original instruction then rests with the individual issuing the second order. If so directed, the latter command shall be obeyed first. Orders will be counter- manded or conflicting orders will be issued only when reasonably necessary for the good of the Department. 119. REPORTS AND APPEALS. Unlawful, Unjust, Improper Orders. A member or employee receiving an unlawful, unjust or improper order, shall, at first opportunity, report in writing to the Chief of Police through official channels. This report shall contain the facts of the incident and the action taken. Appeals for relief from such orders may be made at the same time. Action regarding such an appeal shall be conducted through the office of the Chief of Police. 1 120. ACCEPTANCE OF GIFTS, GRATUITIES, FEES, LOANS, ETC.. Members and employees shall not accept either directly or indirectly any gift, gratuity, loan, fee or any other thing of value arising from or offered because of police employment or any activity connected with said employment. Members and employees shall not accept any gift, gratuity, loan, fee or other thing of value, the acceptance of which might tend to influence directly or indirectly the actions of said member or employee or any other member or employee in any matter of police business; or which might tend to cast an adverse reflection on the Department or any member or employee thereof. No member or employee of the Department shall receive any gift or gratuity from other members or employees junior in rank without the express permission of the Chief of Police. 121. OTHER TRANSACTIONS. Every member and employee is prohibited from buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to his attention or which arose out of his departmental employment except as may be specifically authorized by the Chief of Police. 122. REWARDS. Members and employees shall not accept any gift, gratuity or reward in money or other consideration for services rendered in the line of duty to the community or to any person, business or agency except lawful salary and that which may be authorized by the law. 123. DISPOSITION OF UNAUTHORIZED GIFTS, GRATUITIES, ETC.. Any unauthorized gift, gratuity, loan, fee, reward or other thing falling into any of these categories coming into the possession of any member or employee shall be forwarded to the office of the Chief of Police together with a written report explaining the circumstances connected therewith. 124. DEBTS - INCURRING AND PAYMENT. Members and employees shall pay all just debts and legal liabilities incurred by them. 125. GENERAL CONDUCT ON DUTY. 126. PROHIBITED ACTIVITY ON DUTY. Members and employees are prohibited from engaging in the following activities while on duty with the exceptions as noted: *Sleeping, loafing, idling. *Conduct of private business. *Carrying of newspapers or other articles (except in the performance of police duty). *Drinking intoxicating beverages (except in performance of police duty, and then, only with the specific consent of a commanding officer and never in uniform). 127. LOITERING. All members on duty in uniform shall not enter taverns, theatres or other public places except to perform a police task. Loitering and unnecessary conversation in such locations is forbidden. Frequenting an establishment which has a liquor license is expressly prohibited. II 128. MILITARY COURTESY. When meeting in public, officers shall conform to normal courtesy standards and refer to each other by rank. 129. NATIONAL COLORS AND ANTHEM. Uniformed members will render full military honors to the National Colors and Anthem at appropriate times. Members and employees in civilian dress shall render proper civilian honors to the National Colors and Anthem at appropriate times. 130. REPORTING. Members and employees shall promptly submit such reports as are required by the performance of their duties or by competent authority. 131. TRAINING. All members shall attend in- service training in the theory and practice of law enforcement at the direction of the Chief of Police or Commanding Officer. Such attendance is considered a duty assignment. 132. PHYSICAL FITNESS FOR DUTY. All members of the Department shall maintain good physical condition so they can handle the strenuous physical contacts often required of a law enforcement officer. II 133. CONSUMPTION OF INTOXICANTS. Members and employees shall not consume intoxicants while off duty to the extent that evidence of such consumption is apparent when reporting for duty, or to the extent that ability to perform duty is impaired. Members shall not consume intoxicants while on duty. 134. INTOXICATION. Members and employees shall not at any time be intoxicated while on duty. They shall not at any time, on or off duty, be intoxicated in public view. 135. INTOXICANTS ON DEPARTMENTAL PREMISES. Members and employees shall not bring into or keep any intoxicating liquor on departmental premises excepts *When necessary in the performance of a police task. *Packaged goods for temporary storage in designated place, when the seals are unbroken. Liquor brought into departmental premises in the furtherance of a police task shall be properly identified and stored according to current policy. 1 1 1 136. SMOKING WHILE ON DUTY. Members and employees shall not smoke on duty while in direct contact with the public in the pursuit of any police incident (interviewing, directing of traffic, answering of a citizen's complaint, etc.). 137. ADDRESS AND TELEPHONE NUMBERS. Immediately upon reporting for duty, members and employees shall record their correct residence addresses and telephone numbers with the Commanding Officer. Members and employees are required to have telephones in the places where they reside. Changes in address or telephone number shall be reported to the Chief of Police within 24 hours of the change. 138. UNIFORMS AND EQUIPMENT. All members of the Department shall maintain in good order a regulation uniform. All articles of uniform shall conform to the departmental uniform regulations. Civilian clothing will not be worn with any distinguishable part of the uniform. Members shall not wear the uniform off duty. 139. WEARING THE UNIFORM. Uniforms shall be kept neat, clean, and well pressed at all times. While wearing the uniform, members shall maintain a military bearing avoiding mannerisms such as slouching, shuffling, and hands -in- the - pockets. The uniform headgear shall be worn whenever out of doors, unless otherwise directed by competent authority. 140. MANNER OF DRESS ON DUTY. Normally members will wear the duty uniform on a tour of duty; however, Commanding Officers may prescribe other clothing as required by the nature of the duty to which a particular member is assigned. 141. EQUIPMENT. All equipment must be clean, in working order and conform to Department specifications. 142. REGISTERING EQUIPMENT WITH THE DEPARTMENT. Members are required to register with the Department the description and serial numbers of all personal police equipment they may own or carry. 143. FIREARMS - DISPLAY AND DISCHARGE. Members shall never display firearms unnecessarily or draw them in any public place except for inspection or official use. Members are required to report any deliberate or accidental discharge of firearms (except routine target practice). Members shall exhaust every other means of apprehension before resorting to the use of firearms. 144. UNIFORM AND EQUIPMENT DAMAGE CLAIM. Any claims for damage to clothing, equipment, and eyeglasses caused by performance of duty shall be made in accordance with current departmental directives. 1 1 145. COMPENSATION FOR OTHER DAMAGES SUSTAINED ON DUTY. Members and employees shall not seek in any way nor shall they accept from any person money or other compensation for damages sustained or expenses incurred by them in the line of duty without first notifying the Chief of Police in writing. 146. DEPARTMENT PROPERTY AND EQUIPMENT. Members and employees are responsible for the proper care of Department property and equipment assigned to them. Damaged or lost property may subject the responsible individual to reimbursement charges and appropriate disciplinary action. 147. DAMAGED - INOPERATIVE PROPERTY OR EQUIPMENT. Members and employees shall immediately report to their Commanding Officer on designated forms any loss or damage to depart- mental property assigned to or used by them. The immediate superior will be notified of any defects or hazardous conditions existing in any Department equipment or property. 148. SURRENDER OF DEPARTMENT PROPERTY. Members and employees are required to surrender all Department property in their possession upon separation from the service. Failure to return non - expendable items. may cause the person to reimburse the Department for the fair market value of the article(s). 149. DEPARTMENT VEHICLES, USE. Members shall not use any department vehicle without permission. Departmental vehicles shall never be used for personal business or pleasure. 150. REPORTING ACCIDENTS. Accidents involving City personnel, property and /or equipment must be reported in accordance with adopted procedures. 151. PRESUMPTION OF RESPONSIBILITY. In the event that City property is found bearing evidence of damage which has not been reported it shall be prima facie evidence that the last person using the property or vehicle was responsible. 152. DEATH AND INJURY NOTIFICATION. 153. DEATH OR SERIOUS INJURY. When a member is killed or seriously injured on or off duty, immediate verbal notification will be made to the Chief of Police or the officer acting in the Chief's absence. This will be followed by a written report no later than the following work day. Information shall include the date, location, cause, extent of injuries and property damage. Serious injury in this instance means an injury which could result in death or disability. II 154. NON - SERIOUS INJURY. In cases where the injuries are other than of a serious nature, a written report will be submitted on the first work day following the incident including all information required above. These reports are in addition to those accident and sick reports other- wise required. 155. DEATH OF MEMBER OR EMPLOYEE. Any member or employee receiving notice of the death of any member, employee or retired member, during all business hours shall notify the Chief of Police. 1 156. NOTIFICATION OF FAMILY. The family of a member or employee injured or dying on duty shall be notified immediately. 157. INVESTIGATIONS, ARRESTS AND DETENTIONS. 158. COMMAND OF SCENE. At the scene of any crime, accident or other police incident, the ranking officer present shall assume command and direction of police personnel in a manner to assure the most orderly and efficient accom- plishment of the police task. When two or more officers of the same rank are present and one of these is assigned to the investigation detail that will follow up the investigation, that ranking officer will be in charge. This provision is intended to provide for the coordination of the efforts of the several subordinate members who may be assigned to the incident; therefore it is incumbent upon the ranking officer assuming such control to become acquainted with the facts and insure that appropriate action is being taken or is initiated. 159. GENERAL RESPONSIBILITIES OF MEMBERS AT CRIME SCENE. The first member to arrive at the scene of a crime or other police incident is responsible for the following actions as they may apply to the situation; *Summoning of medical assistance and the administration of first aid as required to prevent further injury or loss of life. *Arrest of violator(s). *Security of the scene. 160. RESPONSIBILITIES OF ASSIGNED MEMBER AT CRIME SCENE. The members officially assigned to perform the preliminary or other investigation of an alleged crime or other incident are responsible for the duties enumerated in Section 370.10 as they may be necessary, and the completion of the preliminary or other investigation as directed. This shall include but is not necessarily limited to the securing of statements and other information which will aid in the successful completion of the investigation and locating, collecting and preserving physical evidence material to the issue. 161. RELIEF OF MEMBER CONDUCTING PRELIMINARY INVESTIGATION. Upon completion of the preliminary investigation, the assigned officer shall stand relieve unless otherwise directed by a superior. 162. IDENTIFICATION AS POLICE OFFICER. Except when impractical or unfeasible, or where the identy is obvious, officers shall identify themselves by displaying the official badge or identification card before taking police action. 163. ARRESTS. In making arrests members shall strictly observe the laws of arrest and the following provisions: *Only necessary restraint to assure safe custody and the safety of the officer shall be employed. *The arresting officer is responsible for the safety and protection of the arrested person while in his custody. *The arresting officer is responsible for the security of the personal property in the possession of the arrested person or under his control at the time of arrest. 164. TRANSPORTATION OF PRISONERS. Officers transporting prisoners shall do so in accordance with departmental policy. *Prisoners requiring medical attention shall be delivered to the appropriate emergency hospital and the transporting officers shall be responsible for the security of the prisoner until properly relieved by a guard officer unless otherwise directed by a superior officer. *Prisoners and their property shall be surrendered at the jail to custodial officers or as otherwise directed by competent authority. *Any prisoner transported to a hospital in a private ambulance shall be accom- panied and guarded by an officer unless police exigencies dictate otherwise. In the latter case a guard will be arranged for the prisoner as soon as possible. 165. USE OF PHYSICAL FORCE. Malicious assaults or batteries com- mitted by members constitute gross misconduct. The use of physical force shall be restricted to circumstances specified by law when necessary to accomplish a police task success- fully. Whenever a member, on or off duty, is required to strike or use considerable physical force against another person, he immediately shall call a superior officer to the scene, or, if not practicable, contact him as soon as 1 possible following the incident and submit a written report to the Chief of Police via normal channels. 166. REPORTS AND BOOKINGS. No member or employee shall knowingly falsify any official report or enter or cause to be entered, erase or withdraw any inaccurate, false or improper information on the books, records or registers of the Department. 167. PRESS RELATIONS AT CRIME SCENES. Insofar as is consistent with sound police practice, members in control of a crime scene shall grant access and supply information regarding the incident to the working press. Whenever a member feels that release of information or access to the scene is contrary to sound police practice, he shall refer the press to his immediate supervisor for further decision. 168. SECURITY OF DEPARTMENTAL BUSINESS. Members and employees shall not reveal police information outside the Department except as provided elsewhere in this Manual or as required by law or competent authority. Specifically, information contained in police records, other information ordinarily accessible only to members and employees and names of informants, complainants, witnesses and other persons known to the police are considered confidential. Silence shall be employed to safeguard confidential information. Violation of the security of this type of information reflects gross misconduct. 169. COMPROMISING CRIMINAL CASES. Members and employees shall not interfere with the proper administration of criminal justice. *They shall not attempt to interrupt legal process except where a manifest injustice might otherwise occur, nor participate in, or be concerned with any activity which might interfere with the process of law. *They shall not attempt to have any traffic citation or notice to appear reduced, voided or stricken from the calendar, unless approval is first obtained from the Judge of Recorder's Court. *Any member or employee having know- ledge of such action and failing to inform his superior officers thereof shall be subject to charges. 1 1 170. ASSISTING CRIMINALS. Members and employees shall not communicate in any manner, directly, or indirectly, any information which might assist persons guilty of criminal or quasi- criminal acts to escape arrest or punishment or which may enable them to dispose of or secrete evidence of unlawful activity or money, merchandise or other property unlawfully obtained. 171. RECOMMENDING ATTORNEYS AND BAIL BOND BROKERS PROHIBITED. Members and employees shall not suggest, recommend, advise, or otherwise counsel the retention of any attorney or bail bond broker to any person coming to their attention as a result of police business. *This does not apply when a relative of the member seeks such service. *In no case may such advice be given where a fee, gratuity, or reward is solicited, offered or accepted from the attorney or bail bondsman. *Running or capping for an attorney or bail bondsman is gross misconduct. 172. ACTING AS BAILOR PROHIBITED. Members and employees cannot act as bailors for any person in custody except relatives, and in no case where any fee, gratuity, or reward is solicited or accepted. 173. PUBLIC ACTIVITIES. 174. PUBLICITY. Members and employees shall not seek personal publicity in the course of their employment. 175. PUBLIC APPEARANCE REQUESTS. All requests for public speeches, demonstrations, et cetera, will be routed to the Chief of Police for approval and processing. Members and employees directly approached for this purpose shall suggest that the party submit his request to the Chief of Police. 176. OUTSIDE EMPLOYMENT. Prior to engaging in any outside business or employment, the member or employee shall submit a request for a permit to do so to the Chief of Police via channels in the approved form. 177. MEMBERSHIP IN ORGANIZATIONS. Except for the Armed Forces Reserve components, members and employees shall not affiliate themselves with any organization or group, the constitution or by -laws of which in any way exacts prior consideration or which would prevent its members from rendering proper and efficient service to the Department. II 178. SUBVERSIVE ORGANIZATIONS. No member or employee shall knowingly become a member or connected with any sub- versive organization, except when necessary in the performance of duty and then only under the direction of the Chief of Police. 1 179. POLITICAL ACTIVITY. Members and employees of the Department shall not engage in any political activity whatsoever, and shall be governed by the provisions of the Hatch Act covering governmental employees. 180. CONDUCT TOWARD THE PUBLIC. Members and employees shall be courteous and orderly in their dealings with the public. They shall perform their duties quietly, avoiding harsh, violent, profane or insolent language and always remain calm regardless of provocation to do otherwise. Upon request they are required to supply their names and badge number or serial numbers in a gentlemanly manner. They shall attend to requests from the public quickly and accurately, avoiding unnecessary referral to other parts of the Department. 181. IMPARTIAL ATTITUDE. All members, while charged with vigorous and unrelenting enforcement of the law must remain completely impartial toward all persons coming to the attention of the Department. Violations of the law are against the people of the State and not against the individual officer. All citizens are guaranteed equal protection under law. Exhibiting partiality for or against ,a person because of race, creed or influence is unofficerlike conduct. Similarly, unwarranted inter- ference in the private business of others when not in the interest of justice is unofficerlike conduct. 182. AVAILABILITY WHEN ON DUTY. Members on duty shall not conceal themselves except for some police purpose. They shall be immediately and readily available to the public during duty hours. 183. RESPONDING TO CALLS. Members of the Department shall respond without delay to all calls for police assistance from citizens or other members. Emergency calls take precedence; however, all calls shall be answered as soon as possible consistent with normal safety precautions and vehicle laws. Failure to answer a call for police assistance promptly, without justification, is misconduct. Except under the most extraordinary circumstances, or when otherwise directed by competent authority, no member shall fail to answer any landwire or radio call directed to him. Radio will be informed when leaving the air. 1 1 184. JUDICIAL AND INVESTIGATIVE ACTIONS, APPEARANCES AND TESTIFYING. 185. COURT APPEARANCES. Attendance at a court or quasi - judicial hearing as required by subpoena is an official duty assignment. Permission to omit this duty must be obtained from the Judge of the Recorder's Court or the Chief of Police. When appearing in court, either the official uniform or clothing conforming to standards imposed on officers working in plainclothes shall be worn. Weapons will not be displayed unless wearing the uniform. Members shall present a neat and clean appearance avoiding any mannerism which might imply disrespect to the court, such as gum chewing and smoking. 186. REFUSAL TO TESTIFY. Any member or employee appearing as a witness before a *Any competent investigative *A judicial tribunal *A hearing 'Board *A person authorized to take body testimony who invokes his constitutional privilege and refuses to testify shall be subject to disciplinary action. 187. DEPARTMENTAL INVESTIGATION - TESTIFYING. Members or employees are required to answer questions by or render material and relevant statements to a competent authority in a departmental personnel investigation when so directed. 188. TRUTHFULNESS. Members and employees are required to be truthful at all times whether under oath or not. 189. CIVIL ACTION, COURT APPEARANCES - SUBPOENAS. A member or employee shall not volunteer to testify in civil actions and shall not testify unless legally subpoenaed. Members and employees will accept all subpoenas legally served. If the subpoena arises out of departmental employment or if the member or employee is informed that he is a party to a civil action arising out of departmental employment, he shall immediately notify the Chief of Police. 190. CIVIL CASES. Members shall not serve civil process or assist in civil cases except as required by law or where they may be personally involved. They shall avoid entering into civil disputes particularly while performing their police duties, but shall prevent or abate a breach of the peace or crime in such cases. 191. DEPARTMENTAL DISCIPLINE. 192. WHO IS SUBJECT TO DISCIPLINARY ACTION. Any member or employee violating his oath and trust by committing an offense punishable under the laws or statutes of the United States, the State of Georgia, or local ordinances, or who violates any provision of the Rules and Regulations of the Department, or who disobeys any lawful order, or who is incompetent to perform his duties is subject to appropriated disciplinary action. 193. PENALTIES. The following penalties may be assessed against any member or employee of the Department as disciplinary actions *Oral reprimand. *Written reprimand. *Voluntary surrender of time off in lieu of other action. *Suspension. *Fine. *Dismissal from the Department. 194. DEPARTMENTAL AUTHORITY TO DISCIPLINE. Final departmental disciplinary authority and responsibility rest with the Chief of Police. Immediate written notice of any such fine or suspension must be given to the Chief of Police. If the individual involved feels aggrieved he may apply to the Chief of Police and the City of Savannah Beach Police Committee for a hearing. In the event that a member or employee of the Department is dismissed from the Department, he shall be afforded a hearing prior to dismissal before the governing body of the Municipality as set forth in Section 14 -3 of the Code of Ordinances, City of Savannah Beach, Tybee Island, Georgia. 195. INVESTIGATION OF ALLEGED MISCONDUCT. The person assigned the investigation of an alleged act of misconduct on the part of a member or employee of the Department shall conduct a thorough and accurate investigation. Such investigation shall include formal statements from all parties concerned, when necessary and pertinent, the gathering and preservation of physical evidence pertaining to the case, and all other information bearing on the matter. 196. REPORTS OF INVESTIGATION OF ALLEGED ACTS OF MISCONDUCT. Alleged acts of misconduct must be investigated and the results of the investigation must be reduced to a written report. 1 1 The investigating person shall summarize the pertinent facts including: *An abstract (summary) of the Complaint or alleged act of misconduct. *Pertinent portions of the statement of all parties to the incident. *A description of the incident, physical evidence and other evidence important to the case. *The observation and conclusions of the investigation officer. 197. FINDINGS. One of the findings listed below will be included in the report of investigation of an alleged act of misconduct. *UNFOUNDED: The investigation indicates that the act or acts complained of did not occur or failed to involve police personnel. *EXONERATED: Acts did occur but were justified, lawful and proper. *NOT SUSTAINED: Investigation fails to discover sufficient evidence to clearly prove or disprove the allegations made in the complaint. *SUSTAINED: The investigation disclosed sufficient evidence to clearly prove the allegations made in the complaint. *NOT INVOLVED: Investigation establishes that the individual receiving this "Report of Findings" was not involved in the alleged incident. 1 1 1 RESOLUTION WHEREAS, on the 23rd day of December 1968, the Chief of Police of the City of Savannah Beach, Tybee Island conveyed to the Mayor and Councilmen of the City of Savannah Beach, Tybee Island certain property known as Lot Twenty -eight (28), Fort Ward, in the City of Savannah Beach, Tybee Island, Chatham County, Georgia for past due taxes due the City of Savannah Beach, Tybee Island for the year 1967; and WHEREAS, the rightful owner, JOHN H. CRAWFORD, JR. has redeemed said property by paying all taxes due to the City of Savannah Beach, Tybee Island for said years and all other taxes due through the year 1973, together with all costs attendant to said tax sale; and WHEREAS, by virtue of said redemption, the said owner has petitioned the Mayor and Councilmen of the City of Savannah Beach, Tybee Island to quit -claim said property to said JOHN H. CRAWFORD, JR. as the rightful owner thereof. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCILMEN OF THE CITY OF SAVANNAH BEACH, TYBEE ISLAND, IN COUNCIL ASSEMBLED, THAT said property known as Lot Twenty -eight (28), Fort Ward in the City of Savannah Beach, Tybee Island, Chatham County, Georgia, is hereby quit- claimed to JOHN H. CRAWFORD, JR. as the rightful owner thereof and the Mayor and Councilmen of the City of Savannah Beach, Tybee Island, is hereby authorized and directed to execute a quit -claim deed to said JOHN H. CRAWFORD, JR. to carry out the purpose of this Resolution. ADOPTED in Open Council this 4th Day of October, 1972. Cd4m Mayor Clerk of Council