Pursuant to the provisions of title 2, chapter
22, section 22.076(b), of the Local Government Code, the city does hereby dispense with and abolish the office of city marshal, with the duties of said office to be conferred upon the chief of police, and all other ordinances or parts of ordinances in conflict herewith are hereby repealed.
(2007 Code, sec. 9.03.001)
(a) Established.
Pursuant to title 11, chapter 341, section
341.003, of the Local Government Code, there is hereby created and
established a municipal police department for the city.
(b) Composition.
The municipal police department of the
city shall consist of one (1) chief of police and such additional
police officers as the city council may provide by ordinance upon
recommendation of the city manager.
(c) Chief of police.
The position of chief of police is
hereby declared to be an appointive office of the city, and such office
shall be filled by the city manager. The chief of police shall hold
his office at will and shall receive such compensation as the city
council shall determine in the adopted or amended budget. The chief
of police shall be the chief police officer of the city and, as such,
shall have responsibility of the administration of the department,
to include hiring, firing, and supervising the other members of the
police department, subject to the supervision of the city manager,
and pursuant to such policies, procedures and guidelines as may be
established from time to time by the city council.
(d) Qualifications.
The chief of police and each member
of the police department shall qualify for employment as peace officers
under the rules and regulations set forth by the commission on law
enforcement officer standards and education pursuant to chapter 1701
of the Occupations Code and such other qualifications as may be prescribed
by the city council that are not in conflict with said statute.
(e) Oath.
The chief of police and all members of the police
department shall take and subscribe to the official oath prescribed
for such office. The chief of police shall be the subject of a surety
bond for the faithful performance of their duties payable by and to
the city, in such sum as the city council may, from time to time,
determine by resolution.
(f) Commission.
After taking and subscribing to the oath
of office and securing a bond as set forth above, a commission confirming
such appointment shall be issued by the mayor to the appointee in
the following form:
CITY OF HUTTO, TEXAS
COMMISSION
I, __________, Mayor of the City of Hutto, Texas, upon authority
of the city council of the said city do hereby certify the appointment
of the said (NAME), (OFFICE), in and for said city, with all the rights, privileges, and duties
of a peace officer conferred by the laws of the State of Texas and
the ordinances of said city.
Done at Hutto, Texas, this the __________ day of __________,
20 _____ .
__________
Mayor, City of Hutto, Texas ATTEST:
City Secretary
(g) Certification of appointment.
The appointment of a chief
of police shall be made and entered in the minutes of the city council
at any regular or special meeting of said council, and the commission
issued to said chief of police shall become effective after the same
has been signed by the mayor and such appointment has been entered
in the minutes.
(h) Badge.
An official badge shall be issued to each member
of the police department identifying the chief of police and each
patrol officer as a member of said department.
(i) Powers and duties.
The chief of police shall, in person
or by a designated police officer, attend upon the municipal court
while in session and shall promptly and faithfully execute writs and
process issued from said court. For the purpose of executing all writs
and process issued from the municipal court, the jurisdiction of each
police officer shall extend to the boundaries of the county in which
the municipal court is situated. The chief of police and each police
officer shall have like power with the sheriff of the county to execute
warrants; they shall be active in calming riots, disorder and disturbances
of the peace within the city limits and shall take into custody all
persons so offending against the peace of the city; and the chief
of police shall have authority to take suitable and sufficient bail
for the appearance before the municipal court of any person charged
with an offense against the ordinances or laws of the city. It shall
be the duty of the chief of police and each police officer to arrest,
without warrant, all violators of the public peace and all who obstruct
or interfere in the execution of the duties of their office or who
shall be guilty of any disorderly conduct or disturbance whatever,
and to prevent a breach of the peace or preserve quiet and good order;
further, the chief of police shall have authority to close any theater,
ballroom or other public place or building of public resort. In the
prevention and suppression of crime and arrest of offenders, the chief
of police and each police officer shall have, possess and execute
like power, authority and jurisdiction as the sheriff. They shall
perform such other duties and possess such other powers and authority
as the city council may by ordinance require and confer, not inconsistent
with the constitution and laws of the state.
(Ordinance O-2020-016 adopted 7/16/20)
Officers who are presently serving as peace officers in and
for the city shall be considered to be commissioned under this article
which creates a municipal police department.
(2007 Code, sec. 9.03.003)
(a) Established.
Pursuant to title 11, chapter 341, section
341.012, of the Local Government Code, there is hereby created and
established a police reserve force for the city.
(b) Qualifications.
All members of the police reserve force
shall be required to meet the qualifications and standards of training
for all reserve law enforcement officers as required by the rules
and regulations of the commission on law enforcement officer standards
and education pursuant to chapter 1701 of the Occupations Code, as
well as other and further qualifications and requirements as may be
established by the city council for the employment of police officers,
including minimum age, education, physical standards, citizenship,
good moral character, experience and such other matters as relate
to the competence and reliability of persons to assume and discharge
the responsibilities of law enforcement officer, that are not in conflict
with state law.
(c) Number of members.
The police reserve force shall consist
of such number of members as may be determined from time to time by
resolution of the city council.
(d) Compensation.
The members of the police reserve force
shall receive such compensation as the city council may from time
to time determine by resolution.
(e) Appointment of members.
Members of the police reserve
force shall be appointed by the chief of police pursuant to the policies,
procedures and guidelines issued by the city council, and all such
appointments shall be subject to confirmation by the city council.
(f) Call to service; carrying weapon.
Members of the police
reserve force shall serve at the discretion of the chief of police
and may be called into service at any time the chief of police considers
it necessary to have additional officers to preserve the peace and
enforce the law. Further, any such member may carry a weapon only
when authorized by the chief of police and when discharging official
duties as a duly constituted police officer.
(g) Reserve officers to act in supplementary capacity.
Reserve
police officers shall act only in a supplementary capacity to the
regular police force and shall in no case assume the full-time duties
of regular police officers without first complying with all requirements
for such regular police officers.
(h) Oath.
All members of the police reserve force shall
take and subscribe to the official oath prescribed for such office.
(i) Commission.
After taking and subscribing to the oath
of office as provided above, a commission shall be issued to the appointee
in the same form prescribed for members of the regular police department.
(j) Certification of appointment.
The appointment of any
reserve police officer shall be made and entered into the minutes
of the city council at any regular or special meeting of said council,
and the commission issued to such officer shall be effective after
the same has been certified by the mayor and such appointment has
been entered into the minutes.
(k) Authority and duties.
Every member of the police reserve
force, while in the discharge of official duties, shall have the same
authority as that conferred upon members of the regular police force
of the city and shall be subject to the policies, procedures and guidelines
as may be established by resolution of the city council for members
of the aforementioned regular police force.
(l) Power of mayor to summon special police force.
This
section does not limit the power of the mayor to summon into service
a special police force as provided by title 11, chapter 341, section
341.011, of the Local Government Code.
(2007 Code, sec. 9.03.004)