Chapter 29
POLICE

Art. I. Police Officer’s Retirement Fund, §§ 29-1 – 29-17

Art. II. Police Reserve and Special Police Officers, §§ 29-18 – 29-24

ARTICLE I. POLICE OFFICER’S RETIREMENT FUND¹

Sec. 29-1. Created; purpose; administration; participation.

There is hereby created and established a special fund to be known and designated as the police officer’s retirement fund, for the purpose of providing retirement pay and other benefits for the police officers of the city, which fund shall be conducted and administered by the city in compliance with the provisions of Chapter 15, Title 50, Idaho Code, except as that chapter is amended herein or may hereafter be amended by ordinance of the city. All paid police officers employed by the city on or before July 1, 1979, and such civilian employees of the police department as are now included in the police officer’s retirement fund on July 1, 1979, shall participate in the police officer’s retirement fund. (Code 1960, § 2-58; Ord. No. 2376, § 1; Ord. No. 2873, § 1; Ord. No. 3256, § 1, 1-13-75; Ord. No. 3492, § 1, 7-2-79; Ord. No. 4037, § 1, 3-23-92)

Sec. 29-2. Adoption of state law.

(a) The city hereby adopts Chapter 15, Title 50, Idaho Code, and all of the provisions now contained therein, with the exceptions, hereinafter specified, as the police officers’ retirement ordinance.

(b) Idaho Code, Section 50-1502, as adopted by the city is hereby amended to read as follows:

Definitions. The following are definitions of terms used in Idaho Code, Sections 50-1501 through 50-1525:

a. Paid police officer means any individual who is on the payroll of the city or any other jurisdiction, who is engaged in hazardous duty and is empowered to enforce the laws of the jurisdiction and the state through the exercise of police powers and who devotes his or her principal time of employment to the care, operation, or maintenance of the regularly constituted police department of the city;

b. Industrial commission means the board as authorized and created under the provisions of Chapter 5 of Title 72 or as the same may be hereafter amended;

c. Workmen’s compensation law means the workmen’s compensation law as authorized and created under Title 72, or as the same may hereafter be amended;

d. Twenty (20) years’ active service. An individual whose principal means of livelihood for the period of twenty (20) years has been through employment by a city in a regularly constituted police department, and has actually been carried on the payroll for twenty (20) years;

e. Five (5) years’ continuous service, ten (10) years’ continuous service, fifteen (15) years’ continuous service. An individual who has been employed by a regularly constituted police department for a period of five (5) years, ten (10) years or fifteen (15) years continuously, without having engaged in any other gainful occupation;

f. Leave of absence means a period of time which a paid police officer shall have been out of the service of said police department of the city of which he was a member, and who for that like period of time was off the payrolls thereof;

g. The meaning of the term incapacitated in a degree which prohibits efficient service means that degree of mental or physical disability which prohibits the efficient performance of the duties of a paid police officer during any occasion when his said services as a police officer shall be necessary;

h. Twenty (20) years of accumulated service. An individual who has been employed by the city police department without having engaged in any other gainful occupation and has twenty (20) years of accumulated service with the same police department and has been carried on the payrolls of such department for that period of accumulated time.

(c) Idaho Code, Section 50-1514(a), as adopted by the city is hereby amended to read as follows:

RETIREMENT OF POLICE OFFICER – RETIREMENT BENEFITS

(1) Whenever any person employed as a member of the police department of the city on or before July 1, 1979, shall have served not less than twenty (20) years accumulatively with the police department or shall reach the age of fifty-five (55) years, he or she shall, upon his or her written application to the board of retirement fund commissioners, be retired.

(2) When the board issues an order of retirement, said order shall terminate and end the services of a person in the police department, and such person shall thereafter, during his or her lifetime, be paid from the retirement fund a yearly retirement sum equal to one-half (1/2) of the average annual salary received by such person during his or her three (3) highest consecutive salary years, computed as the thirty-six (36) highest consecutive salary months of the ten (10) years of service next preceding the date of retirement. The retirement sum shall be adjusted in proportion to any cost of living adjustments made to the salaries of active employees.

(3) Any person who accumulates in excess of twenty (20) years’ service with the city police department shall accrue an additional three (3) percent retirement benefit for each additional year of service accumulated. The maximum total allowed retirement sum shall not exceed sixty-five (65) percent of the average annual salary received by such person during the three (3) highest salary years, computed as the thirty-six (36) highest consecutive salary months of his last ten (10) years of service, which retirement sum shall be adjusted in proportion to any cost of living adjustments made to the salaries of active employees.

(4) A police officer with at least fifteen (15) years’ service may retire, subject to the restrictions of this subsection. No police officer who retires after less than fifteen (15) years’ service with the city shall be eligible for retirement benefits. The retirement benefit of a police officer who retires with fifteen (15) or more years of service, but with less than twenty (20) years of service with the city shall be reduced by four (4) percent per year for each year less than twenty (20) years.

(5) Nothing herein shall be construed as requiring any person under the age of seventy (70) years to be retired involuntarily; provided that any person who has served not less than twenty (20) years with the city police department and who does not meet the physical requirements established by the city for the position he or she holds shall be retired.

(d) Idaho Code, Section 50-1515, as adopted by the city is amended to read as follows:

A paid police officer whose employment with the city began on or before July 1, 1979, shall, upon termination of such employment, or upon transferring to a civilian status therein, and upon application to the board of police retirement fund commissioners therefor, be refunded without interest all of the moneys deducted from his salary and placed in the police officer’s retirement fund of the City of Lewiston. Any such police officer who has terminated his employment or who has transferred to civilian status in the police department prior to the adoption of this amending ordinance shall be notified by regular mail addressed to the last known address of said police officer, of the provisions of this ordinance and be further notified that he may take advantage of said provisions and obtain a refund hereunder upon written request therefor being made to the secretary of the board of police retirement fund within sixty (60) days after the effective date of this amending ordinance, such notice to contain the said effective date hereof.

(e) Idaho Code, Section 50-1516(f), as adopted by the city is amended to read as follows:

In addition to the foregoing, at the death of any paid police officer from whatever cause, the said fund shall pay the sum of five hundred dollars ($500.00) as funeral expenses.

(f) Idaho Code, Section 50-1516(a)(1), as adopted by the city is hereby amended to read as follows:

(a) Any paid police officer incapacitated by injury or illness as a result of the performance of his/her official duties as a member of a police department shall be retired so long as the disability shall continue in a degree which prevents efficient service and during the disability shall be paid from the retirement fund a disability benefit as follows:

(1) For disability attributable wholly to service as a paid police officer, a monthly sum equal to one twenty-fourth (1/24) of the amount of the annual salary attached to the rank which he/she held in the police department for a period of one (1) year next preceding the date of retirement; provided, however, that the benefits may be reduced by the board of police retirement fund commissioners commensurate to the extent of the disability and the person’s income earning capacity. Reduction of a disabled police officer’s retirement benefit shall only be as follows:

(A) When a police officer’s disability is determined by the board to be fifty (50) percent or less, the disability retirement benefit shall be reduced to be equal with the percentage of disability. When a police officer’s disability is fifty-one (51) percent or greater, the disabled police officer shall receive a full disability retirement benefit.

(B) Whenever a person receiving disability retirement benefits obtains employment as a paid police officer in any jurisdiction, that person’s disability retirement benefit shall terminate.

(Code 1960, § 2-59; Ord. No. 2376, § 5; Ord. No. 2722, § 1; Ord. No. 2895, § 1, 8-11-70; Ord. No. 3256, § 3, 1-13-75; Ord. No. 3356, § 1, 3-28-77; Ord. No. 3492, §§ 2 – 4, 7-2-79; Ord. No. 3627, § 1, 2-22-82; Ord. No. 3696, § 1, 5-31-83; Ord. No. 3958, §§ 1, 2, 1-2-90; Ord. No. 4037, § 2, 3-23-92)

Sec. 29-3. Reserved.

Editor’s note – Ord. No. 3256, § 4, adopted Jan. 13, 1975, repealed § 2-60 of the 1960 Code, as amended by Ord. No. 2376, § 3. Said section, which pertained to the establishment of a special fund in the treasury, had been codified herein as § 29-3.

Sec. 29-4. Deduction from police officer’s salaries.

(a) The rate of contribution per month, from the compensation paid to each police officer employed by the city who is a member of the police officers’ retirement fund, shall be as follows:

Pay periods starting		Rate
on or after:		(percent of salary)
July 1, 1982		6.00
October 1, 1982		6.05
July 1, 1983		6.25
October 1, 1983		6.30
October 1, 1984		6.35
October 1, 1985		6.40

(b) Said sums shall be deducted from each police officer’s salary by the finance director, and placed in the police officers’ retirement fund.

(c) The city council shall annually levy a tax not to exceed the amount permitted by law on all assessed and taxable property within the city, which tax shall be placed in the police officers’ retirement fund. (Ord. No. 3203, § 1, 4-8-74; Ord. No. 3657, § 2, 7-12-82; Ord. No. 4037, § 3, 3-23-92)

Sec. 29-5. Standards for training and employment of city police officers.

(a) The city declares that it desires to qualify to receive aid for police training from the law enforcement planning commission under the provisions of Idaho Code, Section 19-5118.

(b) Pursuant to Idaho Code, Section 19-5117, the police department of the city, while receiving aid from the law enforcement planning commission pursuant to said Chapter 51, will adhere to the standards for employment and training established by the Idaho Peace Officer Standards and Training Advisory Council. At least one (1) copy of such standards shall be kept on file in the office of the chief of police of the city. (Code 1960, § 2-4.5; Ord. No. 2891, §§ 1, 2, 5-11-70; Ord. No. 4037, § 4, 3-23-92)

Editor’s note – Idaho Code, Sections 19-5117 and 19-5118 were repealed by S.L. 1981, Ch. 307, § 1.

Sec. 29-6. Paid police officers employed after July 1, 1979.

All paid police officers who became employed by the city on or after July 2, 1979, shall be included in the Idaho Public Employees’ Retirement System – Police and not included in the city’s police retirement system. (Ord. No. 3492, § 5, 7-2-79; Ord. No. 4037, § 5, 3-23-92)

Sec. 29-7. Reinstatement.

(a) Any person who was a paid police officer for a period of seven (7) or more years with the city and thereafter resigned may, if that person is rehired as a paid police officer with the city within one (1) year of resignation, elect to have eligibility to participate in the police officer’s retirement fund be reinstated pursuant to the conditions as set forth in this section.

(b) This option shall only be exercised by payment as set forth in subsection (c) herein within a maximum of one (1) year from the date that the person’s share was withdrawn from the fund.

(c) Any person electing to reinstate his/her status in the fund shall pay back the entire amount previously withdrawn and, in addition, pay interest thereon from the date of rehiring to the date of repayment. Interest shall be at an amount fixed by the board based upon the prevailing investment interest rate being obtained in the investment of the fund at the time of the rehiring of the paid police officer.

(d) In the event that any benefits become due prior to the full repayment of funds as set forth in subsection (c) herein, any benefits shall be reduced by the pro rata amount of the unpaid balance.

(e) In the event that the paid police officer fails or refuses to repay the funds as aforesaid within one (1) year from the date that person’s share was withdrawn from the fund, the city shall automatically enroll said person in the public employees retirement system. (Ord. No. 3556, § 1, 1-19-81; Ord. No. 4037, § 6, 3-23-92)

Secs. 29-8 – 29-17. Reserved.

ARTICLE II. POLICE RESERVE AND SPECIAL POLICE OFFICERS²

Sec. 29-18. Purpose and scope.

The purpose of this article is to provide for the commissioning of members of the Lewiston police reserve. (Ord. No. 3645, § 1, 5-24-82)

Sec. 29-19. Definitions.

Chief of police means the chief of police of Lewiston, Idaho, or his designee.

City clerk means the city clerk of the city of Lewiston, Idaho.

Police officer means a regular and commissioned officer authorized by the state of Idaho and employed by the city of Lewiston.

Police reserve member means a member of good standing in the Lewiston police reserve unit, appointed pursuant to the policies of the Lewiston police department governing appointments to the Lewiston police reserve unit.

Without monetary compensation means without pay from the city of Lewiston or the Lewiston police department. (Ord. No. 3645, § 2, 5-24-82)

Sec. 29-20. Appointment of special police officers; restrictions; qualifications; compensation; procedure upon termination.

(a) All appointments shall be by the chief of police, after the appointee has been admitted to membership in the Lewiston police reserve unit. Upon appointment, the officer shall be sworn in by the city clerk.

(b) All appointments of special police officers shall be restricted to active members of the Lewiston police reserve. Such officers must have met all the entrance requirements and have been accepted for membership in the reserve unit at the time of such appointment.

(c) Such appointments shall be without monetary compensation.

(d) Said appointment will terminate and become void upon the appointee’s discharge from the police reserve unit. At the time of termination of appointment, all equipment issued to the appointee, including the police reserve identification card, shall be returned to the chief of police. The identification card shall then be destroyed. (Ord. No. 3645, § 3, 5-24-82)

Sec. 29-21. Declaration of appointment.

The following shall be the form of declaration of appointment as a special police officer:

To ________(name)_____________:

You are hereby appointed a special police officer to serve within the corporate limits of the City of Lewiston, Nez Perce County, under the supervision of the chief of police or his representative, from the ____ day of _______, 19__, until discharged from such duty by the chief of police thereof, at no pay.

You will take the oath below and file this appointment with said oath at the Lewiston police department, and apply to the chief of police or his representative for further instructions.

Dated at Lewiston, Idaho, _________, 19___.

(signature)

Chief of police

(Ord. No. 3645, § 4, 5-24-82)

Sec. 29-22. Oath of office.

The following oath of office shall be administered and subscribed to by the appointee:

I do solemnly swear (or affirm) that I will support the Constitution and laws of the State of Idaho, and the ordinances of the City of Lewiston; that I will faithfully discharge the duties of special police officer, under the supervision of the chief of police or his representative, within the corporate limits of the City of Lewiston, State of Idaho, according to the best of my ability, so help me God.

(signature)

Subscribed and sworn to before me this _______ day of ______, 19____.

(signature)

Notary Public in and for the

State of Idaho, residing at

Lewiston therein.

(Ord. No. 3645, § 5, 5-24-82)

Sec. 29-23. Authority of special police officer.

A special police officer shall have the authority and powers prescribed by the chief of police while on any authorized duty representing the city, the Lewiston police department, or the Lewiston police reserve unit. (Ord. No. 3645, § 6, 5-24-82)

Sec. 29-24. Duties and responsibilities of officer.

Special police officers shall be responsible to the chief of police or his designated representative, and his or her duties will be as directed by them. (Ord. No. 3645, § 7, 5-24-82)

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Footnotes

1. Cross reference – Finance, § 2-64 et seq.

2. Editor’s note – Ord. No. 3645, §§ 1 – 7, enacted May 24, 1982, did not specifically amend the code; hence, inclusion herein as Art. II, §§ 29-18 – 29-24 was at the editor’s discretion.