Chapter 2.28
POLICE DEPARTMENT

Sections:

2.28.010    Established – Supervision.

2.28.020    Chief – Appointment.

2.28.030    Members – Appointment and commissioning.

2.28.040    Police powers.

2.28.050    Personnel authorized.

2.28.060    Officers – Advancement.

2.28.070    Radio dispatcher/police officers – Advancement.

2.28.080    Disciplinary powers.

2.28.090    Disciplinary action report.

2.28.100    Disposal of forfeited firearms.

2.28.010 Established – Supervision.

There is established and created a department of police to be operated under the direction and control of a chief of police, subject to the supervision of the city manager. (Ord. 836 § 1, 1977).

2.28.020 Chief – Appointment.

The chief of police shall be appointed by the city manager on the basis of his qualifications and experience for such office, and may be removed by the city manager. The appointment and removal of the chief shall be subject, however, to any applicable law, ordinance, rule, or regulation relating to civil service then in force or effect. (Ord. 836 § 2, 1977).

2.28.030 Members – Appointment and commissioning.

All personnel below the rank of chief shall be appointed and commissioned by the chief in accordance with the applicable law, ordinance, rule or regulation relating to civil service and may be removed by the city manager or chief subject to any applicable law, ordinance, rule, or regulation relating to civil service then in force and effect. No police commission, regular, temporary or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personnel vacancy by the civil service commission in accordance with such rules and regulations relating to civil service then in force and effect. (Ord. 836 § 3, 1977).

2.28.040 Police powers.

The chief of police and all commissioned police personnel shall have the powers granted, with the duties imposed, by the laws of the state relating to chief of police and law enforcement personnel of optional municipal code cities and, in addition thereto, the chief and all other commissioned police personnel of the police department shall have the power and duty to enforce the ordinances of the city and to perform such other services as the laws of the state or the ordinances of the city may now or hereafter require. (Ord. 836 § 4, 1977).

2.28.050 Personnel authorized.

A.    The police department shall consist of such regular commissioned personnel in such numbers as shall be determined by the city council by inclusion in and adoption of the annual budget of the city.

B.    The department may be augmented by such clerical personnel as the city council may from time to time provide. Such clerical personnel shall not be commissioned police officers nor shall they be subject to nor under any of the civil service regulations in force or effect.

C.    Limited Commission Officers. The chief of police is authorized to appoint parking enforcement officers with a limited commission to issue notices of infractions for violations of the city’s parking regulations. (Ord. 2198 § 2 (Exh. B), 2016; Ord. 1380 § 3, 1990; Ord. 836 § 5, 1977).

2.28.060 Officers – Advancement.

A.    Unless the chief of police denies advancement for cause, as limited by BMC 2.28.080, police officers shall advance to the next higher grade in accordance with the following schedule:

1.    Probationary police officer to police officer grade 3, after completion of one year of satisfactory performance as probationary police officer;

2.    Police officer grade 3 to police officer grade 2, after completion of one year of satisfactory performance as police officer grade 3;

3.    Police officer grade 2 to police officer grade 1, after completion of two years of satisfactory performance as police officer grade 2.

B.    Appointees with previous experience and training as full-time regularly commissioned police officers may be advanced by the appointing authority to the officer grade level commensurate with such training and experience upon successful completion of the probationary period in the police department. (Ord. 836 § 6, 1977).

2.28.070 Radio dispatcher/police officers – Advancement.

Unless the chief of police denies advancement for cause, as limited by BMC 2.28.080, radio dispatcher/police officers shall advance to the next higher grade in accordance with the following schedule:

A.    Probationary radio dispatcher/police officer to radio dispatcher/police officer grade 2, after completion of one year of satisfactory performance as probationary radio dispatcher/police officer.

B.    Radio dispatcher/police officer grade 2 to radio dispatcher/police officer grade 1, after completion of 18 months of satisfactory performance as radio dispatcher/police officer grade 2. (Ord. 836 § 1, 1977).

2.28.080 Disciplinary powers.

The chief of police shall have the power to exercise, for cause, the following disciplinary measures:

A.    Oral or written reprimand;

B.    Suspension from duty, without pay, for periods up to but not exceeding two weeks;

C.    Deferment of advancement in grade for periods up to but not exceeding three months;

D.    Dismissal. (Ord. 836 § 8, 1977).

2.28.090 Disciplinary action report.

The chief of police shall report, within 72 hours, in writing to the city manager disciplinary action other than reprimands taken against any personnel of the police department. Personnel subjected to disciplinary action other than reprimands shall have such rights of appeal as may be provided by civil service regulations then in effect. (Ord. 836 § 9, 1977).

2.28.100 Disposal of forfeited firearms.

Firearms that are: (1) judicially forfeited and no longer needed for evidence; or (2) forfeited due to a failure to make a claim under RCW 63.32.010 or 63.40.010; and not retained by the Bothell police department subject to RCW 9.41.098, may be disposed of by the chief of police either by their destruction, trade, or auction to firearm dealers at the discretion of the chief of police, excepting antique firearms or firearms of historical significance under RCW 9.41.098 which must be auctioned or traded to licensed dealers. All proceeds of an auction shall be placed in the general fund. (Ord. 1672 § 1, 1996).