There is hereby established a reserved duty marshal force to
be known as the DeSoto Deputy Marshal Reserve, such force to be separate
and distinct from the city marshal's office.
(Ordinance 1442-01 adopted 9/18/01)
(a) The
city marshal shall be the head of the DeSoto Deputy Marshal Reserve,
and the members of the reserve shall be under the authority, control
and command of the city marshal, subject to all of the provisions
of the city charter, ordinances of the city and laws of the State
of Texas.
(b) The
city marshal may by order establish rules and regulations governing
the DeSoto Deputy Marshal Reserve, to fix specific duties of its members
and to provide for the maintenance of discipline.
(c) Members
of the DeSoto Deputy Marshal Reserve shall be certified as peace officers
by the Texas Commission on Law Enforcement Officers Standards and
Education.
(Ordinance 1442-01 adopted 9/18/01)
The DeSoto Deputy Marshal Reserve shall be composed of personnel
who have volunteered to join the organization and whose applications
have been accepted by the city marshal. The total strength of the
DeSoto Deputy Marshal Reserve shall not exceed fifteen (15) members.
(Ordinance 1442-01 adopted 9/18/01)
The city marshal shall appoint the members of the DeSoto Deputy
Marshal Reserve with the approval of the city manager. Members serve
at the marshal's discretion. Application for membership in the DeSoto
Deputy Marshal Reserve shall be filed with the DeSoto City Marshal
on a form prescribed by the city marshal. Members of the DeSoto Deputy
Marshal Reserve shall be appointed by the city marshal from a list
of eligible applicants. Selection of eligible applicants to serve
as reserve deputy marshals is subject to an interview, background
investigation, polygraph examination, physical examination and drug
screening.
(Ordinance 1442-01 adopted 9/18/01)
The duties of the DeSoto Deputy Marshal Reserve, subject at
all times to the direction and supervision of the city marshal, shall
be to assist the regular members of the city marshal's office in the
performance of duties when assigned duty by the city marshal. The
city marshal may call the DeSoto Deputy Marshal Reserve into service
any time the city marshal considers it necessary to have additional
officers to assist city marshal in the performance of required duties.
Reserve deputy marshals shall act only in a supplementary capacity
to the regular city marshal force. When assigned duty, members of
the DeSoto Deputy Marshal Reserve will under the control and supervision
of the city marshal when carrying out their duties. The chain of command
established for the city marshal's office shall be strictly adhered
to by members of the DeSoto Deputy Marshal Reserve.
(Ordinance 1442-01 adopted 9/18/01)
(a) Members
of the DeSoto Deputy Marshal Reserve acting under the direction of
the city marshal, shall perform the following duties:
(1) Execute warrants of arrest, subpoenas and other legal process issues
by a judge of the municipal court;
(2) Execute other warrants of arrest, subpoenas and legal process as
authorized by law and as determined by the municipal court judge;
(3) Serve as bailiff of the municipal court when necessary;
(4) Report activities of work performed and shall coordinate his or her
work and vacation schedule(s) and other miscellaneous administrative
matters with the court administrator, or in the absence of the court
administrator, then with the city manager or designee;
(b) Members
of the DeSoto Deputy Marshal Reserve serve as peace officers during
actual discharge of official duties; however, they shall not be assigned
duties which are normally assigned members of the police department.
(c) No
person appointed to the DeSoto Deputy Marshal Reserve may carry a
weapon or otherwise act as a peace officer until such person has been
approved by the city council. After approval such member may carry
a weapon only when authorized by the city marshal and only when discharging
official duties as peace officer.
(d) A DeSoto
Deputy Marshal Reserve shall have the same powers of arrest and authority
as a regular deputy city marshal as prescribed by the laws of the
State of Texas when performing official duties. This power and authority
will be exercised under the supervision and control of the city marshal.
(e) No
member of the DeSoto Deputy Marshal Reserve shall break into or otherwise
forcefully enter upon private property or into the dwelling or habitation
or another person without the consent of a member of the DeSoto City
Marshal's office who then and there requests the aide of the reserve
officer in the enforcement of the law.
(Ordinance 1442-01 adopted 9/18/01)
The city marshal shall prescribe the uniforms and badges for
the members of the DeSoto Deputy Marshal Reserve Force and direct
the manner in which the same shall be worn. The badge and identification
card issued to members of the DeSoto Deputy Marshal Reserve Force
by the city marshal shall be carried at all times by members of the
DeSoto Deputy Marshal Reserve Force.
(Ordinance 1442-01 adopted 9/18/01)
Members of the DeSoto Deputy Marshal Reserve shall serve without
compensation. The city may provide hospital and medical assistance
to a member of the DeSoto Deputy Marshal Reserve who sustains injury
in the course of performing official duties in the same manner as
provided for full-time deputy marshals.
(Ordinance 1442-01 adopted 9/18/01)
(a) Membership
of any person in the DeSoto Deputy Marshal Reserve may be terminated
by the city marshal at any time with or without cause and any member
may resign from the DeSoto Deputy Marshal Reserve at any time, but
it shall be the duty of the DeSoto Deputy Marshal Reserve to notify
the city marshal of such resignation.
(b) In
addition to the penalties provided by law, any violation of law under
color of the performance of duty as a member of the DeSoto Deputy
Marshal Reserve, and any breach of the rules and regulations established
by the city marshal shall subject any member of the DeSoto Deputy
Marshal Reserve to summary expulsion and such fact may be published
by order of the city marshal.
(Ordinance 1442-01 adopted 9/18/01)
Membership in the DeSoto Deputy Marshal Reserve shall expire
automatically at 12:00 midnight on December 31 of each year. Membership
in the DeSoto Deputy Marshal Reserve may be renewed for any next ensuing
year by filing an application with the city marshal. Renewal of membership
in the DeSoto Deputy Marshal Reserve shall be subject to the approval
of the city marshal with concurrence of the city manager.
(Ordinance 1442-01 adopted 9/18/01)