§ 31.05 POLICE RESERVE UNIT.
   (A)   Creation, appointments, terms, qualifications. A Police Reserve Unit is created, with the membership consisting of not more than 12 persons. The Police Reserve Unit shall be made up of persons who, at the time of their appointment, shall be residents of the city, and who have been actual residents thereof for at least one year prior to their appointment. Each member shall be in good physical condition and of good character and not less than 21 years of age. Appointments to the Police Reserve Unit shall be made by the Mayor, by and with the advice and counsel of the Common Council for a term of two years. Any member of the Police Reserve Unit may be discharged at any time with or without cause and without a hearing by the Mayor with the advice and consent of the Common Council. The Chief of Police may make recommendations to the Mayor concerning the appointment to the Police Reserve Unit and the discharging from the Police Reserve Unit of any person. Regular full-time members of the Police Department shall not be eligible for membership in the Police Reserve Unit.
   (B)   Oath, commissions, powers, duties. The Police Reserve Unit shall function under the immediate direction of the Chief of Police, or in his absence, the senior officer on duty. Before entering upon his duties, each member shall take and subscribe to the same oath or affirmation as provided by the statutes to be taken and subscribed by all municipal police officers. Members of the Police Reserve shall have all the powers and authority and shall be subject to all the duties of members of the regularly constituted Police Department, and shall be subject to the rules and regulations governing the Police Department, provided, however, that membership in the Police Reserve Unit shall not constitute membership of the regularly constituted Police Department, nor shall any member of the Police Reserve Unit be entitled to any right or privilege of members of the regularly constituted Police Department, nor to any other prerequisite or emolument attaching to membership in the regularly constituted Police Department.
   (C)   Training and by-laws. The Chief of Police shall determine the program for training members of the Police Reserve Unit in police work. The Police Reserve Unit may adopt its own by-laws and rules or regulations, and any and all amendments thereof shall at all times be subject to approval by the Mayor and Common Council, and shall not conflict with any provisions of this section and shall be subordinate at all times to the ordinances of the city and to rules and regulations of the Police Department and to the orders of the Chief of Police.
   (D)   Compensation. No member of the Police Reserve Unit shall receive any compensation from the city for his services as a member of the Police Reserve Unit, except as may be provided from time to time by resolution of the Mayor and Common Council.
   (E)   Uniforms. The members of the Police Reserve Unit shall furnish their own uniforms and other necessary equipment without reimbursement from the city, excepting only to the extent, if any, specifically provided for in the annual appropriation ordinance of the city.
   (F)   Officers, election and terms. The officers of the Police Reserve Unit shall consist of those officers as shall be provided for in its by-laws.
   (G)   Financial accounts. The financial accounts of the Police Reserve Unit shall be subject to audit at any time the Mayor and Common Council may designate. Any audit may be made by the Clerk-Treasurer or other accountant or auditor appointed by the Mayor and Common Council for this purposes. The fiscal officer of the Police Reserve Unit shall present all records and books of account of the Police Reserve Unit for audit when requested to do so by the Common Council.
   (H)   Waiver of liability. Each present member of the Police Reserve Unit shall promptly, after being appointed as a member of the Unit, prior to taking his oath of office, execute and deliver to the Clerk-Treasurer an instrument in form to be approved by the City Attorney, releasing the city from all liability for any injury or death of the member in the line of duty as a member of the unit, excepting only liability, if any, as shall be attributed to gross negligence on the part of the city.
(`84 Code, § 2-31) (Ord. 235, passed 10-25-77)
Statutory reference:
   Authority to establish Police Reserves, see I.C. 36-8-3-20