Chapter 2.40
POLICE DEPARTMENT

Sections:

2.40.010    Police department organization – Appointment of chief.

2.40.020    Duties of the police department.

2.40.030    Chief of police.

2.40.035    Application of state law to police and correctional officers.

2.40.040    Repealed.

2.40.050    Workers’ compensation insurance for reserve policemen.

2.40.060    Registration for insurance.

2.40.070    Policemen – Special – Appointment – Service – Compensation.

2.40.075    Training and records.

2.40.080    Outside business.

2.40.090    Police department to receive unclaimed property.

2.40.100    Disposable property.

2.40.110    Notice of disposition.

2.40.120    Disposition.

2.40.130    Auction sale.

2.40.140    Sale to vest title.

2.40.150    Proceedings where no bid.

2.40.160    Publication and sale costs – Reimbursement.

2.40.170    Dangerous or perishable property – Immediate disposal.

2.40.180    Applicability of HBC 2.40.090 through 2.40.170.

2.40.010 Police department organization – Appointment of chief.

There shall be a police department, the head of which shall be the police chief who shall be appointed by the manager subject to confirmation by the assembly and who shall hold office at the discretion of the manager. (Ord. 13-05-325 § 4)

2.40.020 Duties of the police department.

It shall be the duty of the police department to apprehend, arrest and bring to justice all violators of the ordinances of the borough, within the townsite service area, to suppress all riots, affrays, and unlawful assemblies which may come to their knowledge and generally to keep the peace; to serve all warrants, writs, executions and other processes properly directed and delivered to them; to apprehend and arrest persons violating state and federal law as provided by law, and to turn them over to proper authorities; and in all respects to perform all duties pertaining to the position of policeman.

2.40.030 Chief of police.

The police chief shall be the commanding officer of the police force. The chief shall:

A. Attempt to apprehend, arrest, and bring to justice all violators of federal, state, or borough law;

B. Establish a set of rules and regulations governing the discipline, training, and operation of the department;

C. Provide a community contract jail;

D. Provide or oversee animal control services;

E. Attempt to generally keep the peace;

F. Serve warrants, writs, executions, and other processes properly directed and delivered to it;

G. Supervise all activities of the department;

H. Perform such other duties as shall be required of the chief as may be specified in this code or by the manager;

I. Investigate all applicants for any license or permit when such application requires certification by the police department. (Ord. 13-05-325 § 5)

2.40.035 Application of state law to police and correctional officers.

The hiring, employment, certification and dismissal of police and corrections employees shall be consistent with state law and regulations as defined in AS 18.65.130 through 18.65.290, and 13 AAC 85. (Ord. 13-05-325 § 7)

2.40.040 Rules and regulations of the police department.

Repealed by Ord. 13-05-325.

2.40.050 Workers’ compensation insurance for reserve policemen.

The borough shall purchase at its own expense and provide workers’ compensation insurance in accordance with the provisions of the Workers’ Compensation Act of the State of Alaska for each authorized member of the Haines reserve police force. Such insurance shall be provided under the policies insuring other borough employees under said Act.

2.40.060 Registration for insurance.

The chief fiscal officer shall keep a roll of those reserve policemen eligible for insurance under HBC 2.40.050 with the same information regarding each reserve policeman as is kept for other borough employees. All reserve policemen desiring to be covered by such insurance shall register with the chief fiscal officer on the roll of reserve policemen and no such person shall be accepted for enrollment until the chief of the police department of the Haines Borough certifies such person as being an active member of the department. It shall be the duty of any reserve policeman enrolled as such to submit his resignation when no longer serving as an active member of the department and upon such resignation, such person shall be stricken from the roll. It shall be the duty of the chief of the police department to determine who are active members of the reserve police force and to cause the chief fiscal officer to strike from the rolls the name of any person who ceases to be an active member of the department.

2.40.070 Policemen – Special – Appointment – Service – Compensation.

Special policemen shall have the powers vested in the regular borough policemen. Such special policemen shall, however, serve on a temporary basis and only when and as specifically required by the police chief, and shall function only under the direction of the police chief. They shall assist the police chief whenever called upon and whenever so called shall be compensated for services rendered, as the manager may determine. No special policeman shall be on duty as a special policeman at any time or place without being ordered to do so by the police chief, and no special policeman shall be paid for police services directly by any person other than the appropriate borough official.

2.40.075 Training and records.

A. Drill and Training. The police chief or the chief’s representative shall, at least two times per month, provide for suitable drills covering the operation and handling of all equipment essential for efficient department operation and to maintain current certification as required by state law. In addition, the chief shall provide, at least four times per year, sessions of instruction to include such subjects as first aid, police procedures, report writing and safety.

B. Records. The police chief shall see that complete records are kept of all equipment, personnel, training, inspections, citations, and other department activities.

C. Reports. Current records and comparative data for previous years and recommendations for improving the effectiveness of the department shall be included in an annual report to the assembly and manager. Such other reports as may be required concerning the department in general, giving suggestions and recommendations for major improvements, and listing other data so as to maintain a complete record of the activities of the department shall also be prepared and submitted by the police chief.

2.40.080 Outside business.

A. Members of the department shall devote their entire time and attention to police business and shall not engage in any other business or calling, except when authorized by the police chief in the following circumstances:

1. When working for an outside employer in connection with police duties, such as basketball games or special surveillance assignments; or

2. When written approval by the chief of police is specifically granted to work for an employer outside duty hours in pursuits which will not affect the time or quality of police duty or cast discredit upon, or create embarrassment for, the borough government. Such approval must be obtained in advance of employment in each case.

B. Under no circumstances may a borough police department employee who is engaged in any business, calling, or employment other than that of the police department be paid sick leave benefits by the borough while he is so engaged.

2.40.090 Police department to receive unclaimed property.

When lost, stolen, abandoned or otherwise unclaimed property or money, except vehicles covered under the traffic code, comes into the possession of the police department, the department shall hold and store such property in a safe place or with some responsible person until it is claimed and all just and reasonable charges for saving and storage thereof have been paid. The chief of police shall establish rules and regulations for the storage of such unclaimed property and shall establish charges and fees for saving and storage of the same, subject to approval by the manager and in cooperation with the chief fiscal officer.

2.40.100 Disposable property.

The following property in possession of the police department is considered disposable property and may be disposed of as provided in this chapter:

A. Property abandoned and not claimed by the owner within 90 days after the date on which the borough or police department obtained possession of the property;

B. Property stolen and not claimed by the owner within 90 days after the final disposition of the criminal case of the person who allegedly stole the property;

C. Property found and delivered to the police department and not claimed by the owner within 90 days after the police department obtained possession of the property.

“Disposable property” as used in this chapter does not include a vehicle which has been impounded.

2.40.110 Notice of disposition.

The chief of police or the chief’s designee, with assistance of the clerk, shall publish in a newspaper of general circulation in the borough once a week for four consecutive weeks a notice of intent to dispose of the stolen, abandoned or found property which has sufficient monetary value to warrant storage and the cost of advertising for auction. The notice shall indicate where a list of the items to be disposed of may be obtained or viewed and the method of disposal to be used.

At approximately the same time as the first publication of the intent to dispose of disposable property, the chief of police or his designee shall post a separate notice in the same locations as are normally used for the posting of other borough-related public notices. This notice shall remain posted for 30 days and shall include:

A. A general description of the property;

B. The date on which the police department obtained possession of the property;

C. The provision that the property is to be sold at public auction at the time, date and place stated in the notice, and that the proceeds will be forfeited to the general fund of the borough if the owner or finder did not claim the property;

D. The provision that the property, if money, will be paid into the borough treasury for deposit to the general fund if the owner or finder does not claim the money;

E. The provision that the property must be claimed by the owner within 30 days after the last date of publication of the notice;

F. The provision that the finder will forfeit all of his right, title, interest and claim in and to found property or money unclaimed by the owner unless the finder files a written request with the chief of police for return to the finder of the unclaimed property or money, and that the request must be filed no later than 30 days after the last date of publication of the notice.

Also at approximately the same time as the first notice is published, the chief of police or the chief’s designee shall send a copy of the posted notice to the last known address, if any, of the owner, if known, and the last known address, if any, of the finder, if known.

2.40.120 Disposition.

If the property is unclaimed by the owner after the publication and mailing of the notice of disposition and the expiration of the time periods as required by HBC 2.40.110, the property shall be disposed of as follows:

A. Found property, including money, shall be returned to the finder if the finder has requested such return in a timely manner as provided in HBC 2.40.110 and paid such fees as are required in HBC 2.40.160.

B. All property not claimed or returned to the finder shall be sold by the chief of police or the chief’s designee at the public auction sale to be held pursuant to the notice given under HBC 2.40.110. The proceeds of the sale, and disposable property which is money, shall be forfeited to the general fund of the borough, subject to reimbursement pursuant to HBC 2.40.160.

C. Any property which, in the opinion of the chief of police, does not have sufficient monetary value to cover the cost of storage and advertising for auction may, with the approval of the mayor, be discarded.

2.40.130 Auction sale.

The chief of police or the chief’s designee shall sell the property to be disposed of to the highest bidder at the public auction sale for cash or upon such terms as the auctioneer shall announce. The auction sale may be continued by the auctioneer to another time or times. The chief of police or the chief’s designee shall certify as to the disposal of property and shall execute a bill of sale for any property sold for $10.00 or more. Upon acceptance of the highest bid, the sale shall be final and not subject to redemption. Property unsold shall become the property of the borough and may be disposed of by the borough in any manner as the manager directs without notice of sale. All items selling for less than $1,000 shall be paid for at the time of the auction in cash or by personal check drawn on a local bank. Purchasers of those items in excess of $1,000 who cannot pay the full amount at that time shall deposit a minimum of 10 percent as a bid bond at the time of auction with payment in full to be made within 30 days or the 10 percent bid bond shall be forfeited to the borough’s general fund. Property paid for in this manner may not be claimed until the full amount of the bid price has been received by the borough.

2.40.140 Sale to vest title.

On payment of the price bid for the property sold, delivery of the property sold with a bill of sale signed by the chief of police for any item sold for $10.00 or more shall vest title in the purchaser.

2.40.150 Proceedings where no bid.

In any case where there is no bid offered for the property or if the highest bid offered does not exceed the charges for saving, holding and storage and the expenses of sale, the same shall become the property of the borough as compensation for expenses incurred, or if of no use or value to the borough, shall be disposed of in such manner as the manager directs.

2.40.160 Publication and sale costs – Reimbursement.

Before returning property to a finder or owner, and before delivering money to the borough treasury, the chief of police shall require reimbursement, by the person receiving the property or money delivered, of the costs of publication and sale attributable to the property or money delivered.

2.40.170 Dangerous or perishable property – Immediate disposal.

Property in the possession of the police department and determined by the chief of the police department to be perishable or to constitute an immediate danger to the public may be disposed of immediately by the chief of police in any manner without notice of sale.

2.40.180 Applicability of HBC 2.40.090 through 2.40.170.

The provisions of HBC 2.40.090 through 2.40.170 shall not be deemed to apply to property or money subject to confiscation under the laws of the state of Alaska or of the United States of America, and shall apply to property or money held as evidence only when the same is unclaimed by any person and no other provisions of law are applicable concerning its disposition.