HomeMy Public PortalAbout055-2009 - General Ordinance -amends Chapter 31 of the RCC - Reserved Police OfficersORDINANCE NO. 55-2009
AN ORDINANCE REPEALING ORDINANCE NO. 3167-1976 FIXING AND
CODIFYING A POLICE RESERVE ORDINANCE FOR THE CITY OF RICHMOND,
INDIANA
WHEREAS, Indiana Code 36-8-3-20 permits a municipality to utilize police reserve officers
but requires that the number of police reserve officers be fixed by ordinance; and
WHEREAS, On December 20, 1976, the Common Council of the City of Richmond Indiana,
as identified by Ordinance No. 3167-1976, ordained and authorized the existence
of reserve policemen; and
WHEREAS, Ordinance No. 3167-1976 established the number of reserve policemen at a fixed
number of thirty (30) reserve officers, but such Ordinance was never codified
within the City Code of the City of Richmond; and
WHEREAS, The City of Richmond (City) has not utilized police reserve officers in nearly two
decades but the City now wishes to re-establish a police reserve officer program;
and
WHEREAS, The Chief of Police of the Richmond Police Department should have discretion to
utilize a police reserve office program and discretion to determine how many
police reserve officers are needed from time to time, provided that such
determination is in the best interest of the City of Richmond and the Richmond
Police Department, and further provided that such number of police reserve
officers shall not exceed twenty (20) police reserve officers at any one time; and
WHEREAS, The City should repeal Ordinance No. 3167-1976 and eliminate the fixed number
of police reserve officers and pass an ordinance that would, among other things,
establish the number of police reserve officers at a number not to exceed twenty
(20) police reserve officers at any one time and permit the City to reinstate the
police reserve officer program consistent with Indiana Code 36-8-3-20; and
WHEREAS, The City should codify the police reserve officer program within the Richmond
City Code.
NOW THEREFORE, BE IT ORDAINED by the Common Council of the City of
Richmond, Indiana, that said Council hereby repeals Ordinance No. 3167-1976 of the City of
Richmond, Indiana, as previously passed and adopted on December 20, 1976.
BE IT FURTHER ORDAINED by the Common Council of the City of Richmond that
Chapter 31 of the City Code be modified to create an additional section codified as follows:
31.70 POLICE RESERVE OFFICERS
2
(a) The Chief of Police, at his discretion, may implement a police reserve officer
program for the Richmond Police Department, pursuant to Indiana Code 36-8-3-20
(b) The number of police officers in the police reserve officer program shall not exceed
20 police reserve officers at any one time.
(c) The police reserve officers shall be appointed by the same authority that appoints
regular members of the Richmond Police Department.
(d) Police reserve officers may not be members of the regular Richmond Police
Department but shall have all of the same police powers as regular members of the
Richmond Police Department except as limited by the rules of the Richmond Police
Department.
(e) The Richmond Police Department may adopt rules to limit the authority of police
reserve officers.
(f) At the discretion of the Chief of Police and with the concurrence of the Richmond
Police Merit Commission, to the extent that money is appropriated for a purpose
listed in this subsection, police reserve officers may receive any of the following:
(1) A uniform allowance.
(2) Compensation for time lost from other employment because of court appearances.
(g) Police reserve officers are not eligible to participate in any pension program provided
for regular members of the Richmond Police Department.
(h) A Richmond police reserve officer may not be appointed until he or she has
completed the training and probationary period specified by rules of the Richmond
Police Department.
(i) A reserve police officer appointed by the department may not:
(1) make an arrest;
(2) conduct a search or seizure of property; or
(3) carry a firearm;
unless the police reserve officer successfully completes the pre -basic course under Indiana Code
5-2-1-9 (f).
(j) A police reserve officer may be covered by the medical treatment and burial expense
provisions of the worker's compensation law (IC 22-3-2 through IC 22-3-6) and the
worker's occupational diseases law (IC 22-3-7). If compensability of the injury is an
issue, the administrative procedures of IC 22-3-2 through IC 22-3-6 and IC-22-3-7
shall be used to determine the issue.
This Ordinance shall take effect upon passage.
Passed and Adopted this _15th day of September, 2009, by the Common Council of the City
of Richmond, Indiana.
S/S Clay Miller
Clay Miller, Vice President
PRESENTED to the Mayor of the City of Richmond, Indiana, this _14th day of September,
2009, at 9:00 a.m.
S/S Karen Chasteen City Clerk
(Karen Chasteen)
APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 14th day
of September, 2009, at 9:05 a.m.
S/S Sarah L. Hutton Mayor
(Sarah L. Hutton)
ATTEST: _S/S Karen Chasteen City Clerk
(Karen Chasteen)