Chapter 2.120
LAW ENFORCEMENT

Sections:

Article I. Police Department

2.120.010    Commission, badge, oath.

2.120.020    Docket – Jail calendar.

2.120.030    Police badge to officer on retirement.

Article II. Capital Area Major Case Squad

2.120.040    Authorization.

2.120.050    Purpose.

2.120.060    Composition.

2.120.070    Personnel.

2.120.080    Equipment.

2.120.090    Payment for expenses.

Article III. Confidential Police Investigation Fund

2.120.100    Establishment.

2.120.110    Funding.

2.120.120    Maximum amount expended.

2.120.130    Responsibility of chief of police.

2.120.140    Bonding of employees.

2.120.150    Records.

    Cross References: Police department, TMC 2.30.100; emergency services, Chapters 5.25, 8.05 and 10.30 TMC; merchant or private police, TMC 5.90.010 et seq.; burglar and holdup alarm systems, TMC 8.05.010 et seq.; failure to obey lawful police order, TMC 9.35.010.

Article I. Police Department

    Cross References: Departments, officers and employees, Chapter 2.30 TMC; civil service for police officers and firefighters, TMC 2.125.010 et seq.; police and fire pension fund, TMC 2.140.160 et seq.; police benefit account, TMC 2.140.300 et seq.; duty of police at fires, TMC 8.35.030.

    State Law References: Kansas Law Enforcement Training Act, K.S.A. 74-5601 et seq.

2.120.010 Commission, badge, oath.

Each police officer appointed under this article shall be issued a commission, signed by the city manager and attested by the city clerk, and a badge of office. Each such officer and member of the department shall, before entering upon the duties of the office, take and subscribe an oath of office and such other oath as may be required by law, and such original or copy of the oath shall be filed with the city human resources department. (Ord. 19128 § 2, 7-15-08; Ord. 18477 § 13, 7-12-05; Code 1981 § 34-19. Code 1995 § 90-28.)

    Cross References: City clerk, TMC 2.30.010; human resources department, TMC 2.30.040.

2.120.020 Docket – Jail calendar.

(a) It shall be the duty of the police department to keep and maintain a docket (blotter) of all persons arrested and charged with any offense under the ordinances of the city or laws of the state and of those persons appearing at police headquarters in answer to a citation to appear for any violation of the traffic ordinances of the city. The docket shall show the offense charged, the time of the arrest, the arresting officer and the final disposition of the case, whether by the municipal court of the city or by courts of the state having jurisdiction.

(b) The police department shall keep and maintain a calendar or record of all persons held in custody under a commitment issued by the municipal judge and note thereon the judgment of the court, the date of confinement, the date of release and the order by which a prisoner is released from confinement or otherwise set at liberty. (Code 1981 § 34-23. Code 1995 § 90-31.)

    Cross References: Municipal judge, TMC 2.30.060.

2.120.030 Police badge to officer on retirement.

The police officer’s badge which has been assigned to each police officer of the city shall be given to the police officer upon retirement by virtue of longevity or disability for appreciation of the services to the city and the community. (Code 1981 § 34-26. Code 1995 § 90-32.)

Article II. Capital Area Major Case Squad

2.120.040 Authorization.

Participation in the capital area major case squad by the police department is hereby authorized by the council. (Code 1981 § 34-76. Code 1995 § 90-56.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

2.120.050 Purpose.

The police department is hereby authorized to participate in the capital area major case squad for the express purpose of providing for the health, safety and well-being of the citizens of the city, and for providing for efficient and effective law enforcement in the metropolitan area. (Code 1981 § 34-78. Code 1995 § 90-57.)

2.120.060 Composition.

The capital area major case squad shall be a police organization consisting of 13 area law enforcement agencies having the function of investigating major crimes in the area surrounding the city. (Code 1981 § 34-77. Code 1995 § 90-58.)

2.120.070 Personnel.

The chief of police is hereby authorized to assign members of the police department to work on the capital area major case squad after a finding that such assignments will not substantially affect the safety of the city, nor diminish the quality of law enforcement in the city. (Code 1981 § 34-79. Code 1995 § 90-59.)

2.120.080 Equipment.

The chief of police is hereby authorized to permit the use of the police department equipment and personnel by the capital area major case squad under the conditions set forth in this article. (Code 1981 § 34-80. Code 1995 § 90-60.)

2.120.090 Payment for expenses.

The city is hereby authorized to pay miscellaneous expenses incurred by the police department from the police department budget for operations and duties of police officers and peace officers from other jurisdictions while working as members of the capital area major case squad on crimes committed in the city. The allowance of claims for such expenses is subject to the approval of the chief of police and the council. (Code 1981 § 34-81. Code 1995 § 90-61.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

Article III. Confidential Police Investigation Fund

    Cross References: Specific funds or accounts, Chapter 3.25 TMC.

2.120.100 Establishment.

The council finds that it is necessary and advisable, and hereby does authorize the establishment and maintenance of a confidential police investigation fund for the police department to be used exclusively for criminal investigation purposes. (Code 1981 § 34-118. Code 1995 § 90-81.)

2.120.110 Funding.

The confidential police investigation fund shall be established and replenished periodically by approved claim voucher. (Code 1981 § 34-119. Code 1995 § 90-82.)

2.120.120 Maximum amount expended.

The council shall provide by resolution the maximum amount which may be expended during any fiscal year from the confidential police investigation fund, which resolution shall provide for a maximum amount of cash which may be maintained on hand at any given time. (Code 1981 § 34-120. Code 1995 § 90-83.)

    Cross References: City council – mayor, Chapter 2.15 TMC.

2.120.130 Responsibility of chief of police.

The confidential police investigation fund shall be the direct responsibility of the chief of police, and if the chief delegates the duty of handling the confidential police investigation fund and maintaining the records required therefor, the chief shall continue to be responsible to the extent provided by law. (Code 1981 § 34-121. Code 1995 § 90-84.)

2.120.140 Bonding of employees.

All employees entrusted with funds under this article shall be bonded by the city. (Code 1981 § 34-122. Code 1995 § 90-85.)

2.120.150 Records.

(a) There shall be complete, detailed records maintained on all disbursements from the confidential police investigation fund, which shall, at a minimum, show:

(1) The person to whom paid;

(2) The amount;

(3) The date paid; and

(4) The purpose of the disbursement.

(b) The records required by this section shall be confidential, and shall be in the custody of the chief of police. The chief of police is hereby authorized to deny access to such records to any person or agency; except that the records shall be made available at reasonable times to the city controller and city treasurer, or to independent auditors employed by the council for purposes of auditing the transactions and balance of the fund. The city controller, the city treasurer or an independent auditor who is given access to the records of the confidential police investigation fund must maintain the confidential status of such records and may not disclose the payees or purposes of the fund, except where malfeasance in the use of the fund is alleged. (Code 1981 § 34-123. Code 1995 § 90-86.)

    Cross References: City treasurer, TMC 2.30.020.