CHAPTER 39: CITY POLICIES

Section

   39.01   Personnel; adoption of regulations

   39.02   Racial profiling; adoption of policy

   39.03   Return check fee

   39.04   Grants; application procedure

   39.05   Procedures and requirements for the issuance of administrative search warrants

§ 39.01 PERSONNEL; ADOPTION OF REGULATIONS.

   (A)   The policies and procedures, classification plan and pay plan developed pursuant to this section shall be the system of personnel for the city.

   (B)   These policies and procedures, classification and pay plan may be revised, altered or suspended only by action of the City Council.

(`96 Code, § 38.01) (Ord. 1988-15, passed 6-2-1988)

§ 39.02 RACIAL PROFILING; ADOPTION OF POLICY.

   (A)   The protection of and the preservation of the constitutional and civil rights of individuals remains one of the paramount concerns of government and law enforcement in particular. To safeguard these rights, law enforcement personnel shall not engage in any behavior or activity that constitutes a search, shall not be solely motivated by consideration of race, color or ethnicity. Stops, detentions or searches shall be based on articulable reasonable suspicions, observed violations of law or probable cause, and shall comply with accepted constitutional and legal provisions, and with the Code and Cannon of Ethics adopted by the Kentucky Law Enforcement Council through Peace Officer Professional Standards.

   (B)   For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

      RACIAL PROFILING. A process that motivates the initiation of a stop, detention or search which is solely motivated by consideration of an individual’s actual or perceived race, color or ethnicity or making discretionary decisions during the execution of law enforcement duties based on the above stated considerations. Nothing shall preclude an officer from relying on an individual’s actual or perceived race, color or ethnicity as an element in the identification of a suspect or in the investigation of a crime, a possible crime or violation of law or statute.

   (C)   All officers shall complete the Kentucky Law Enforcement Council approved training related to racial profiling. The training shall comply with federal law, state statutory provisions, case law and other applicable laws, regulations and established rules.

   (D)   An officer who violates a provision of this policy shall be subject to the agency’s disciplinary procedures, which shall be consistent with other penalties imposed for similar officer misconduct.

(Ord. 2001-15, passed 8-23-2001) Penalty, see § 10.99

§ 39.03 RETURN CHECK FEE.

   There is hereby established a fee of $25 that will be charged for every check that is returned due to non-sufficient funds or for any other reason. This fee will be charged to the person or entity who signed or presented the check.

(Ord. 2000-6, passed 5-25-2000)