An auxiliary police force to be known as “Police Reserve,
Elkhart Police Department” is hereby established. It shall be
composed of personnel who have volunteered to join the organization
and whose application for membership has been accepted and who have
complied with the rules, regulations, and orders provided for the
conduct and control of the members thereof. It shall be composed of
not to exceed ten members. The police reserve shall be separate and
distinct from the regular force of the police department of the city,
but shall be under the direct control and supervision of the chief
of police of the city.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.30)
The members of the police reserve shall be under the authority,
control and command of the chief of police of the city subject to
all of the provisions of the ordinances of the city and of this division.
Members shall be appointed from a list of eligibles compiled as hereinafter
provided.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.31)
(a)
A
list of eligibles shall be established in compliance with rules and
regulations set forth in the city’s police manual and established
policies as follows:
(1)
All applicants for positions with the police reserve must apply in
writing on the form prescribed by the chief of police. All applicants
for positions in the police reserve must meet the following basic
qualifications:
(A)
Must be 21 years old or older.
(B)
A United States citizen and a resident of the County of Anderson.
(C)
A graduate of a standard high school.
(D)
Must be free of all physical defects, physically strong and well-proportioned.
(E)
Must be of good moral character.
(F)
Must never have been convicted of a felony.
(2)
Selections will be made through examination and appointments will
be made by the chief of police with the consent and approval of the
city council. All examinations shall be impartial, practical in their
character, and shall relate to those matters which fairly test the
relative capacity of the persons examined to discharge the duties
of the position to which they expect to be appointed.
(3)
All applicants successfully completing the examination shall, before
appointment, be subjected to:
(b)
All
applicants before appointment to the police reserve shall subscribe
to an oath that he will obey and observe the Constitution of the United
States, the Constitution of the State of Texas and the laws of this
nation, this state, and this city and that he will carry out the duties
of a member of the police reserve to the best of his ability.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.32)
(a)
The
duties of the police reserve force, subject at all times to the direction,
supervision and control of the chief of police, shall be to assist
the regular members of the police department of the city in the enforcement
of the law, and in maintenance of peace and order during periods of
emergency designated by the chief of police. The chief may, by order,
establish rules and regulations to govern the police reserve force,
to fix the specific duties of its members, and to provide for the
maintenance of discipline. He may change such orders from time to
time, and he may command members of the police reserve force to obey
the instructions of regular police officers in carrying out their
duties.
(b)
The
chief may prescribe other duties than those mentioned herein to be
performed by the police reserve force, not inconsistent with the provisions
hereof.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.33)
An identification card and other insignia or evidence of identity
as the chief may prescribe shall be issued to each new member, who
must carry the card and other identification at all times while on
duty and he must surrender them upon the termination of his membership.
All commissions shall expire automatically at midnight on the 31st
day of December in any year. A renewal of said commission for any
next ensuing year may be had by the filing of an application by any
holder of any commission. Said applications shall be on forms prescribed
by the chief of police, properly filled out by the applicant, giving
his full name and address and giving the number of his existing commission.
This application shall be filed with the chief of police. If application
for renewal is not presented on or before January 31 of the year for
which renewal is sought, then anyone desiring the commission as a
member of the police reserve force shall make application as in the
first instance where an applicant did not hold a commission.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.34)
Membership of any person may be terminated by the chief of police
at any time for any cause deemed sufficient by the chief of police.
Any member may resign from the police reserve force at any time, but
it shall be the duty of said member to notify the chief of his resignation.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.35)
The chief of police may, by order, diminish or expand the membership
of the police reserve force as exigency may require, within the limit
hereinabove established.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.36)
(a)
Carrying firearms.
No member of the police reserve force
shall, while on duty or otherwise, bear any firearm except on the
express order of the chief of police.
(b)
Breaking and entering.
No member of the police reserve
force shall break into or otherwise forcefully enter upon any private
property or enter the dwelling or habitation of another person without
the consent of the owner or occupant except when immediately accompanied
by a regular member of the police department of this city who then
and there requests his aid in the enforcement of the law.
(c)
Power of arrest.
A member of the police reserve force
shall have the following powers of arrest and none others:
(1)
When the offense is committed in his presence or within his view,
if the offense is one classed as a felony, or as an “offense
against the public peace.”
(2)
Upon the representation of a credible person that a felony has been
committed and the offender is about to escape, and there is not sufficient
time to procure a warrant for said offender.
(3)
When authorized by a warrant of arrest, and said warrant is in the
actual possession of the officer making the arrest.
(4)
To lend physical aid to any regular member of the police department
in making any lawful arrest, when authorized by the chief of police,
or requested by any regular member of the police department of the
city.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.37)
Members of the police reserve force shall receive regular patrolman’s
pay when ordered to active duty by the chief of police or during periods
of emergency. There will be no remuneration for their tour of training,
nor for service voluntarily performed.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.38)
In addition to the penalties provided by law, any violation
of law under color of the performance of his duties as a member of
the police reserve force, and any breach of the rules and regulations
established by the chief of police, shall subject any member to summary
expulsion, and the fact thereof may be published at the order of the
chief.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.39)
It shall be a misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code for any person to wear, carry or display a police reserve force identification card or otherwise deceitfully represent himself to be connected with the police reserve force, unless he is in fact a member thereof in good standing.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.40; Ordinance adopting 2023 Code)
The chief of police shall prescribe the uniforms and badges for the members of the police reserve force and direct the manner in which the same shall be worn. Any person, other than a member of the said force, who shall wear such uniform or badge as may be prescribed shall be guilty of a misdemeanor and upon conviction shall be subject to a fine in accordance with the general penalty provided in section 1.01.009 of this code.
(Ordinance 102 adopted 10/20/83; 1984 Code, sec. 12.41; Ordinance adopting 2023 Code)
