139.02 RESERVE POLICE.
(a) Creation. There is hereby created within the Police Division a Reserve Police Unit. Members of the Reserve Police Unit shall not be in the classified service of the City and shall not be eligible for membership in the Police and Firemen's Pension and Disability Fund.
(b) Control and Appointments. The Safety-Service Director shall be the executive head of the Auxiliary Police Unit and, subject to any general regulations prescribed by Council, shall make all appointments to and removals from the Unit.
(c) Age and Residence. All members of the Reserve Police Unit shall be residents of Richland County, Ohio, and shall not be less than twenty-one years of age at the time of their appointment.
(d) Control and Command.
(1) The Safety-Service Director shall prescribe rules and regulations for the organization, training, administration, control and conduct of the Reserve Police Unit. The Chief of Police shall be the commanding officer of the Unit and shall have control of the stationing and transfer of Unit members.
(2) The Safety-Service Director shall prescribe the uniform for the members of the Reserve Police Unit and the Chief of Police shall prescribe the time when the same shall be worn.
(3) The Reserve Police Unit shall perform only such police duties as may be assigned by the Director and the Chief and shall be in the prescribed uniform when on duty.
(4) Members of the Reserve Police Unit shall obey the chain of command of the Police Division and within the reserve organization. Reserve Police Unit members, other than the Chief, shall be deemed subordinate to members of the Police Division.
(5) The Safety-Service Director may appoint one or more chaplains who shall serve without remuneration, shall have none of the powers set forth in subsection (e) hereof and who shall not be a "peace officer" with the meaning of Ohio R.C. 109.71.
(6) When funds are provided and available therefor, the Safety-Service Director may purchase professional liability insurance coverage for members of the Reserve Police Unit.
(e) Powers. Members of the Reserve Police Unit shall have all police powers when assigned to duty in accordance with subsection (d)(3) hereof and shall also have police authority to enforce the rules and regulations of the Board of Park Commissioners when assigned to duty under the provisions of subsection (g) hereof.
(f) Voluntary Duty; Salary. No member of the Reserve Police Unit shall be ordered to duty without his consent, nor shall such member be assigned to duty outside the Municipal corporation, except for the protection of City-owned lands under Section 123.03. Members shall serve without pay, except as provided in subsection (g) hereof.
(g) Special Park Duty.
(1) Upon the recommendation of the Safety-Service Director, with the concurrence of the Board of Park Commissioners, the Chief may assign Reserve Police Unit members to duty within any public park, playground or recreational area or lands leased or used as public parks, playgrounds or recreational areas and all land within 500 feet of the boundaries of any area hereinbefore described. A member, when assigned to special duty under the provisions of this section shall receive such compensation as provided by Council. The total number of special park duty hours assigned to members under this subsection shall under no circumstances exceed the number of hours for which salary appropriations have been made prior to such duty. Provided that a member may, in writing, and prior to such duty assignment, waive the salary established pursuant hereto.
(2) Only Reserve Police Unit members who have been certified in accordance with Ohio R.C. 109.77 shall be assigned duty under this subsection.
(3) The provisions of this subsection shall not preclude the commissioning of the Superintendent of Parks or park custodians as private police under the provisions of Ohio R.C. 737.05, but additional compensation shall not be paid to such Superintendent or custodians.
(h) Liability. This section is declared by Council to be an exercise by the City of its police powers for the protection of public peace, health, property, safety and general welfare, and neither the City, an agent or representative of the City nor any individual, firm, partnership, corporation or the receiver or trustees or any other agent thereof, who in good faith, executes any order, rule or regulation issued or promulgated pursuant to the provisions of this section, shall be liable for injury or damage sustained to person or property as to direct or proximate result of such action.
(i) Interpretation of Intent. The provisions of subsections (a) to (h) hereof, individually or severally shall not be construed as intended by Council to be in conflict with any Federal or State statute, or with any military or naval order, rule or regulation.
(j) Auxiliary Police Defined. Nothing in this section prevents non-sworn auxiliary assistants with no police power from assisting the MPD in tasks which do not require peace officer certification. (Ord. 13-163. Passed 6-18-13.)