For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"ADMINISTRATIVE LEAVE."
(1) If a member of the New Castle Police Department is subject to criminal charges, the Merit Commission may place the member on administrative leave until disposition of the criminal charges in the trial court or the grand jury investigation is concluded without an indictment or the criminal investigation is concluded without charges being preferred. Any other action by the Merit Commission is stayed until the disposition of the criminal charges in the trial court or the grand jury investigation is concluded without an indictment or the criminal investigation is concluded without charges being preferred. An administrative leave under this subsection may be with or without pay as determined by the Merit Commission. If the member is placed on leave without pay, the Merit Commission, in its discretion, may award back pay if the member is exonerated in the criminal matter.
(2) The phrase "SUBJECT TO CRIMINAL CHARGES" as set out above, shall include, but not be limited to, the following situations:
(a) The member is:
1. Arrested for a felony (leave with or without pay may be considered);
2. Arrested for a misdemeanor (leave with or without pay may be considered);
3. Charged with the commission of a crime by a grand jury, court or other duly authorized tribunal (leave with or without pay may be considered);
4. The target of a grand jury investigation (leave with pay may be considered);
5. The focus of a criminal investigation (leave with pay may be considered)
(b) The Merit Board may grant the Chief of the New Castle Police Department authority to place an officer on emergency administrative leave, with pay, for a period of not to exceed 30 days.
(3) It is further ordained by the Common Council that the Merit Commission shall develop rules for the orderly implementation of Administrative Leave and shall adopt said rules within 90 days of passage of this subdivision.
"COMMISSION." The Merit Commission created by this subchapter.
"COMMISSIONER.” A person serving on the Merit Commission.
"DEPARTMENT." The City Police Department.
"POLICE OFFICER." A sworn officer, functioning in a full-time capacity with the Police Department and who is a member of the Police Pension Fund.
(Ord. 2989, passed - -94; Am. Ord. 3146, passed 3-16-98)