Chapter 2.40
POLICE DEPARTMENT
Sections:
2.40.010 Civil service – System adopted.
2.40.020 Civil service commission – Created.
2.40.030 Civil service commission – Duties.
2.40.040 Civil service – Applicability generally.
2.40.050 Civil service – Status of present department members.
2.40.060 Civil service – Part-time employees.
2.40.070 Creation and purpose.
2.40.080 Civil service.
2.40.090 Chief of police.
2.40.100 Appointment of police officers – Classified.
2.40.110 Appointment of reserve police officers – Nonclassified.
2.40.120 Salaries.
2.40.130 Attendance at council meetings.
2.40.140 Subordinate positions.
2.40.150 Duties of subordinate officers.
2.40.160 Classification of officers.
2.40.170 Advancement.
2.40.180 Disciplinary powers.
2.40.190 Report of and appeal from disciplinary action.
2.40.200 Reserve police officers – Nonclassified.
2.40.210 Responsibility and authority of reserve police officers.
2.40.220 Special duties of chief of police.
2.40.230 Contributions, solicitations and subscriptions.
2.40.240 Gifts or gratuities to officers.
2.40.250 Divulging criminal records.
2.40.260 False reports.
2.40.270 Firearms.
2.40.280 Batons – Chemical weapons.
2.40.290 Gossip, rumors, loose talk.
2.40.300 Police department orders.
2.40.310 Criticism of orders.
2.40.320 Professional obligation of all officers.
2.40.330 Lending of police department property.
2.40.340 Cash bail.
2.40.350 Physical examinations.
2.40.010 Civil service – System adopted.
Except as provided herein, the system commonly known as civil service, as set forth in Chapter 41.12 RCW, as amended, is adopted for the city police department, and all fully paid policeman thereof, and all advancements, demotions, suspensions, discharges or control thereof, and of the members thereof, shall be governed by the civil service rules prescribed in or adopted pursuant to this chapter as this chapter may heretofore or hereafter be amended. (Ord. 293 § 1, 1968).
2.40.020 Civil service commission – Created.
(1) There is created for the administration of such civil service for the police department a civil service commission composed of three citizens of the city, who shall be appointed by the mayor. The term of office of each member of the commission shall be for six years, except that the first three members of such commission shall be appointed for two, four, and six years respectively.
(2) The mayor shall also appoint a citizen of the city as a member pro tem of the commission, whose duty shall be to act in the place of any member of the commission who for any reason shall be absent from any meeting or activity of the commission. In the event any commissioner shall resign, become disqualified or be removed for cause, the pro tem member of the commission shall take the place of such member for the unexpired portion of that member’s term. (Ord. 570 § 1, 1981; Ord. 293 § 2, 1968).
2.40.030 Civil service commission – Duties.
The commission shall organize itself, hold meetings, adopt rules and regulations, and perform the duties and exercise the powers of the commission in accordance with the laws of the state of Washington. (Ord. 293 § 3, 1968).
2.40.040 Civil service – Applicability generally.
All applicants for employment with, advancement in, or the filling of a vacancy in the city police department shall be required to have the qualifications, have a tenure of office, and be subject to removal, all as provided in the civil service regulations adopted by the commission consistent with state law, except that notwithstanding the provisions of RCW 41.12.100, in the employment, advancement and filling of vacancies in the department, the commission shall certify to the appointing power the names of the three persons highest on the eligible list for the class (or the list held appropriate for such class) to which the vacant position has been allocated, who are willing to accept employment. (Ord. 293 § 4, 1968).
2.40.050 Civil service – Status of present department members.
All members of the present city police department shall be entitled to the benefits accruing under this chapter and Chapter 41.12 RCW, as amended, including retention of their present positions and ranks without being subject to the examination and investigations as required for the appointment of all subsequent employees of the police department. (Ord. 293 § 5, 1968).
2.40.060 Civil service – Part-time employees.
This chapter shall not apply to part-time employees of the police department. (Ord. 293 § 6, 1968).
2.40.070 Creation and purpose.
There is created and established a police department of the city of Stanwood.
Members of the Stanwood police department shall at all times endeavor to preserve the public peace, prevent crime, detect and arrest law breakers, protect life and property and vigorously and fairly enforce all criminal laws of the state and the city. (Ord. 416 § 1, 1974).
2.40.080 Civil service.
The provisions of SMC 2.40.010 through 2.40.060 shall prevail as to hiring, promotion, demotion or discharge of personnel in cases of any conflict with the provisions of SMC 2.40.070 through 2.40.350. (Ord. 416 § 2, 1974).
2.40.090 Chief of police.
There is created and established the position of chief of police of the city. The chief of police shall be appointed by the mayor, subject to the approval of the council, in conformity with the civil service laws of the state and the rules and regulations of the Stanwood civil service commission. He shall take an oath of office to faithfully defend the Constitution of the United States of America, the state of Washington, and the laws thereunder, including all ordinances of the city. He shall execute a bond to the city in the penal sum of $1,000, conditioned upon the satisfactory performance of his duties. He shall have charge and supervision of all personnel and property devoted to the use of the police department. He shall enforce the rules and regulations governing the organization of the department, and may make such rules and regulations reasonably necessary for the conduct of the department. (Ord. 416 § 3, 1974).
2.40.100 Appointment of police officers – Classified.
The mayor shall, subject to the provisions of SMC 2.40.010 through 2.40.060, appoint such other city police officers classified under civil service as may be authorized by ordinance with approval of the city council. (Ord. 495 § 1, 1978; Ord. 416 § 4, 1974).
2.40.110 Appointment of reserve police officers – Nonclassified.
(1) The chief may appoint nonclassified reserve police officers after he has reviewed the applicant, satisfied himself as to the ability of the applicant, and obtained the mayor’s approval of the applicant.
(2) Nonclassified officers are officers who hold a reserve commission in the Stanwood police department and are defined to include part-time, temporary, and officers hired under federal-government funded employment programs.
(3) Reserve, nonclassified officers are not subject to civil service. (Ord. 495 § 2, 1978; Ord. 416 § 5, 1974).
2.40.120 Salaries.
The chief of police and all other full-time city police officers shall be paid such salary as may annually be fixed by the city council. (Ord. 416 § 6, 1974).
2.40.130 Attendance at council meetings.
The chief of police, or his delegate, shall attend each meeting at the Stanwood city council, and perform the duties of sergeant-at-arms unless excused from attendance by the mayor. (Ord. 416 § 7, 1974).
2.40.140 Subordinate positions.
In addition to the position of chief of police, there are established the following subordinate positions in the Stanwood police department:
(1) Sergeant of the police department;
(2) Patrolmen in such number as shall be provided each year in the annual budget ordinance of the city, who are referred to as line officers. (Ord. 416 § 8, 1974).
2.40.150 Duties of subordinate officers.
The respective duties of the subordinate line officers shall be as follows:
(1) Sergeant. The sergeant of the police department shall be second in command of the police department, and in addition to such other duties as may be assigned by the chief of police, he shall assist in the preparation of work assignments, vacation schedules and time off schedules for all personnel of the department; assist the chief in formulating department policies and rules for budgetary control and training of personnel; and shall act as and represent the chief of the department when the chief is absent or when he is so delegated by the chief. When on shift, the sergeant shall have the duties of a patrolman as hereinafter set forth.
(2) Patrolman. In addition to such other duties as may be assigned to him by his senior officer, each patrolman shall be responsible for the protection of life and property, prevention of crime, apprehension of criminals, traffic ordinance violators, and the general enforcement of the laws and ordinances of the city. He shall be responsible for the investigations of all criminal offenses, accidents or other police problems occurring during his assigned shift.
(3) Clerk-Typist. In addition to such other duties as may be assigned by the chief of police, the clerk-typist shall act as secretary to the chief of police and perform the general secretarial work of the department, including transcription of dictation when feasible, general typing and maintenance of police department records as required. (Ord. 416 § 9, 1974).
2.40.160 Classification of officers.
The classification of line officers shall be as follows:
(1) Probationary police officer;
(2) Police officer;
(3) Sergeant. (Ord. 526 § 1, 1979; Ord. 416 § 10, 1974).
2.40.170 Advancement.
Unless the chief of police denies advancement for cause as defined in SMC 2.40.180, police officers shall advance to the next higher grade in accordance with the following schedule:
(1) Probationary police officer to police officer, after completion of 12 months’ satisfactory service as a probationary police officer;
(2) Police officer to sergeant, after the chief of police has requisitioned the civil service commission for a candidate for the position, and after the civil service commission has certified the candidate as qualified and eligible for appointment. (Ord. 526 § 2, 1979; Ord. 454 § 1, 1976; Ord. 416 § 11, 1974).
2.40.180 Disciplinary powers.
The chief of police shall have the power to exercise, for cause, the following disciplinary measures:
(1) Censure;
(2) Oral or written reprimand;
(3) Suspension from duty, without pay, for period of up to, but not exceeding two weeks;
(4) Deferment of advancement in grade for periods up to, but not exceeding three months; or
(5) Dismissal, with consent of the mayor. (Ord. 416 § 12, 1974).
2.40.190 Report of and appeal from disciplinary action.
The chief of police shall report within 24 hours, in writing, to the mayor any disciplinary action, other than censure or oral reprimands taken against any personnel of the police department. Personnel subject to disciplinary action, other than censure or oral reprimands, shall have such rights of appeal as may be provided by the civil service regulations then in effect. (Ord. 416 § 13, 1974).
2.40.200 Reserve police officers – Nonclassified.
The police department may have a reserve membership of nonclassified officers, who shall be able-bodied citizens, residing within or without the limits of the city. Each reserve police officer may be required to take a physical examination at city expense.
Any person desiring appointment as a reserve police officer shall sign a written consent to disclosure of all information of his personal history in the files of any governmental body. (Ord. 495 § 3, 1978; Ord. 416 § 14, 1974).
2.40.210 Responsibility and authority of reserve police officers.
(1) The responsibility and authority of a nonclassified reserve police officer shall be that of a classified police officer, provided that all investigations must be under the supervision of a line officer of the department.
(2) A nonclassified reserve police officer who is hired on a part-time basis shall be paid on an hourly rate, or if hired full-time he shall be paid a monthly salary and receive the benefits of a salaried employee as specified by city ordinance.
(3) The chief or the line officer having direct supervision of a reserve police officer may limit the scope of authority of the reserve police officer.
(4) A nonclassified reserve position does not entitle an employee to seniority.
(5) Reserve officers are required to work the equivalent of two shifts per month, either in an unpaid or paid status. (Ord. 495 § 4, 1978; Ord. 416 § 15, 1974).
2.40.220 Special duties of chief of police.
Additional duties of the chief of police shall be:
(1) To supervise the instruction, drill and education of all personnel in the handling of firearms, equipment, vehicles, first aid, rescue work, traffic control and other matters generally considered essential to the protection of life and property; and
(2) To submit an annual report of the state of the department at the end of each year; and
(3) With the assistance of the city prosecutor, to supervise the prosecution of all violations of law coming to the attention of the department; and
(4) To supervise the execution and return of all criminal process issued and directed to the chief of police or the Stanwood police department by lawful authority, and to charge for such services the same fees as are paid to a sheriff; and
(5) To take charge of and to be responsible and account for the personal property of the Stanwood police department, including vehicles, weapons, uniforms, insignia and all other personal property and shall maintain an inventory of such personal property. (Ord. 416 § 16, 1974).
2.40.230 Contributions, solicitations and subscriptions.
No contributions, solicitations or subscriptions shall be made by any member to buy a gift intended for any other city official or employee. Police personnel shall not in their official capacity collect or receive money or anything of value except legally posted bail from any citizen without the knowledge and permission of the chief of police. (Ord. 416 § 17, 1974).
2.40.240 Gifts or gratuities to officers.
Any gifts, gratuity, discount or favor tendered to any officer of the department shall be firmly but tactfully declined by the officer, who shall advise the person involved of the provisions of this chapter. This chapter shall not derogate in any way from the duty of the officer to report any bribery or attempted bribery coming to his attention. (Ord. 416 § 18, 1974).
2.40.250 Divulging criminal records.
No officer shall divulge the contents of any criminal record of any person on file in the police department, other than to another qualified law enforcement officer or the prosecuting attorney, except as authorized by the chief of police. (Ord. 416 § 19, 1974).
2.40.260 False reports.
No police officer knowingly shall make a false report or falsify any report or record or be a party to intentionally reporting inaccurate or false information with respect to any investigation, record or prosecution in which the officer shall be involved. (Ord. 416 § 20, 1974).
2.40.270 Firearms.
Each officer shall obtain a permit to carry a concealed weapon. No officer shall display his sidearm or draw his sidearm in any public place except for inspection or use. Any time a firearm is discharged accidentally or intentionally, except on a target range, it shall be reported in full in writing in the officer’s duty log. All officers shall immediately report any loss of a weapon, in writing, setting forth all facts concerning the loss thereof. Each officer shall keep his weapon on his person or in his home in a safe place, or in a weapon locker under the supervision of a court of the department at all times. (Ord. 416 § 21, 1974).
2.40.280 Batons – Chemical weapons.
No batons or chemical weapons shall be used in the performance of police duty, except when specifically authorized by the chief of police. If any officer in the reasonable and necessary defense of person or property, or for any other reason, is occasioned to touch or strike another person with a baton, he shall immediately thereafter, as soon as practical, file a written report thereof. (Ord. 416 § 22, 1974).
2.40.290 Gossip, rumors, loose talk.
All personnel must bear in mind at all times that it is imperative that police department personnel do not divulge to unauthorized persons information coming to the attention of the department concerning any case being investigated, prosecuted or disposed of in any way. Officers must bear in mind that a carelessly spoken word or an inadvertent remark to the wrong person may jeopardize innocent persons or the city. Only the chief of police is authorized to express department policy and/or release department information to the public and news media. Violation of this provision by any member of the department, including the chief of police and his deputies, shall be reported to the mayor, and if necessary investigated by the prosecuting attorney, and a report thereof made to the city council for such disposition as they shall deem proper. (Ord. 416 § 23, 1974).
2.40.300 Police department orders.
The chief of police shall have the duty and the authority to promulgate additional standing general orders and procedures, in writing, consistent with this chapter, and provide penalties accordingly. (Ord. 416 § 24, 1974).
2.40.310 Criticism of orders.
Officers shall not speak critically or in a derogatory fashion to other officers or employees of the city, or to any other person outside of the department regarding orders or instructions issued by the officer in charge. In any case where an officer has reason to believe that any such order is unlawful or inconsistent with the proper discharge of his duties, it shall then become his right to respectfully call such facts to the attention of the officer in charge issuing the order. If the officer in charge issuing the order refuses to take cognizance of the exception taken by such officer, or persists in any unlawful procedure inconsistent with this chapter with the proper discharge of the functions of the police department, it shall be the duty of the officer taking such exception to call the matter to the attention of the prosecuting attorney, who is charged with making a confidential, impartial and complete summary opinion of the matter and advise the officers concerned, and the mayor, accordingly. (Ord. 416 § 25, 1974).
2.40.320 Professional obligation of all officers.
All personnel of the Stanwood police department should thoroughly familiarize themselves with the provisions of SMC Titles 2, 8, 9 and 10, and shall carry out their services to the city with pride in their profession, courtesy and courage in the prosecution of their duties, discretion in the investigation and prosecution of cases, and fidelity to city, state and federal government. (Ord. 416 § 26, 1974).
2.40.330 Lending of police department property.
No officer shall lend or be a party to lending to any person any police department property, without the express authority of the chief of police. (Ord. 416 § 27, 1974).
2.40.340 Cash bail.
No officer shall accept cash bail. In emergency situations cash bail may be mailed to the city traffic violations bureau in a sealed post-paid envelope deposited in the U.S. mail in the presence of the arresting officer and the person posting cash bail. (Ord. 416 § 28, 1974).
2.40.350 Physical examinations.
Requirements for city physical examinations of police officers as a condition of employment or reemployment are as follows:
(1) Police Officer – LEOFF Eligible. Every probationary patrolman and any officer returning to service, as a result of layoff or leave of absence of more than 30 days, who is eligible for membership in the LEOFF retirement system, must be certified, or be recertified, as having met as conditions of employment the minimum medical and health standards adopted by the Washington Law Enforcement Officers’ and Fire Fighters’ Retirement Board, pursuant to Chapter 41.26 RCW.
(2) Police Officer – Classified Civil Service – Not LEOFF Eligible. Every police officer classified under civil service who is not eligible for membership in the LEOFF retirement system shall be required to pass a comprehensive physical exam as a condition of employment. Passage is to be determined by the police chief upon the recommendation of the examining physician.
(3) Reserve Police Officer – Not LEOFF Eligible. Reserve police officers who are not eligible for membership in the LEOFF retirement system may be required to take a physical examination at the discretion of the chief of police. (Ord. 523 § 1, 1979; Ord. 416 § 29, 1974).