Chapter 2.12


2.12.010    Establishment.

2.12.020    Chief appointment.

2.12.030    Police chief’s civil service exclusion.

2.12.040    Oath.

2.12.050    Members’ appointment and commissions.

2.12.060    Police powers.

2.12.070    Police department staffing.

2.12.080    Additional powers.

2.12.090    Forfeited items.

2.12.100    Commissions.

2.12.110    Scope of limited commission.

2.12.010 Establishment.

There is established and created a police department to be operated under the direction and control of the chief of police, subject to the supervision of the city administrator. (Ord. 1446 § 2 (part), 2015).

2.12.020 Chief appointment.

The chief of police shall be appointed by the mayor, and may be removed by the mayor. Removal shall be in accordance with law and the policies of the city of Othello. (Ord. 1446 § 2 (part), 2015).

2.12.030 Police chief’s civil service exclusion.

Pursuant to RCW 41.12.050, the position of police chief is excluded from civil service. (Ord. 1446 § 2 (part), 2015).

2.12.040 Oath.

The chief shall take an oath to uphold the laws of the city of Othello. (Ord. 1446 § 2 (part), 2015).

2.12.050 Members’ appointment and commissions.

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 except as exempted in accordance with RCW 41.12.050 and may be removed by the mayor or chief subject to any applicable law, ordinance, rule or regulation then in force and effect. No police commission, regular or temporary, excluding reserve officers and limited or specially commissioned, 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. 1446 § 2 (part), 2015).

2.12.060 Police powers.

The chief of police and all commissioned police personnel shall have the powers granted to them by state and local law and shall be responsible for those duties imposed by the laws of the state relating to chief of police and law enforcement personnel for code cities. The chief and all law enforcement personnel 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 including acts authorized pursuant to the Inter-Local Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to Chapter 10.93 RCW. (Ord. 1446 § 2 (part), 2015).

2.12.070 Police department staffing.

The police department shall be staffed by personnel in such numbers as shall be deemed necessary by the city council pursuant to its adopted budget. (Ord. 1446 § 2 (part), 2015).

2.12.080 Additional powers.

The chief of police is authorized to engage in forfeiture hearings and proceedings according to Chapters 69.50 and 10.105 RCW and any other applicable state law, and to appoint a designee to act as a hearing examiner for those proceedings. (Ord. 1446 § 2 (part), 2015).

2.12.090 Forfeited items.

Real or personal property forfeited to the Othello police department pursuant to Chapter 69.50 RCW, any other state statutes, or pursuant to a court order may be sold, auctioned, converted or otherwise disposed of pursuant to the provisions of the statutory authority or court order authorizing forfeiture. (Ord. 1446 § 2 (part), 2015).

2.12.100 Commissions.

The Othello police department, as a general authority Washington law enforcement agency does hereby provide a limited special commission to qualifying employees of the city, specifically those employees responsible for code enforcement, animal control, and to building officials who are authorized to enforce certain civil and criminal laws. (Ord. 1446 § 2 (part), 2015).

2.12.110 Scope of limited commission.

For all employees with special limited commissions, the commission granted shall not grant any power of arrest, nor shall it grant any authority to carry firearms except as otherwise authorized in this section. Code enforcement officers, building officials, and animal control officers are authorized to carry oleoresin capsicum (OC) spray issued by the Othello police department and may only use the OC spray for defensive purposes after successful completion of training in the deployment of the spray. In addition, animal control officers may also carry and use tranquilizer darts or other weapons designed for use on animals in conjunction with animal control functions and are authorized to carry and use tasers and collapsible batons for defensive purposes only. No one commissioned pursuant to this section shall have any authority beyond that necessary to issue notices of infraction and criminal citations for violations of RCW and city code provisions as a condition of employment with the city as related to the previously adopted code provisions. (Ord. 1446 § 2 (part), 2015).