(A)   (1)   The office of Emergency Services shall be created. The Marshal of the office of Emergency Services is appointed by the City Manager.
      (2)   The office of Emergency Services shall be responsible for investigating and prosecuting all acts of arson within its city and those jurisdictions as authorized by interlocal agreements.
      (3)   The office of Emergency Services is not subject to civil service requirements or standards. All employees of the Department are unclassified employees appointed under and subject to all of the applicable provisions of the personnel policies of the city.
      (4)   The office of Emergency Services is chartered and authorized by the Federal Emergency Management Administration, the state’s Department of Public Safety (Division of Emergency Management) and applicable laws and resolutions by the state as prescribed in HSC Ch. 778, Tex. Government Code Ch. 418, 433 and 791, Tex. Administrative Code Title 37, Texas Governor’s Taskforce Order 57 and other applicable sections/chapters.
   (B)   The office of Emergency Services shall:
      (1)   Be an office created by the City Council;
      (2)   Have investigative duties, arrest powers and criminal case preparation authority, as defined by local and state law;
      (3)   Oversee all matters involving homeland security;
      (4)   Perform law enforcement duties as deemed necessary and assist the office of Public Safety as requested by the Chief of Public Safety;
      (5)   Oversee all matters of radio/data communications, computer network and data security;
      (6)   Oversee all matters of aviation facilities/operations for the city;
      (7)   Oversee all matters of interagency response and coordination for city departments;
      (8)   Oversee all matters of code enforcement as required and allowed by city ordinance, state and federal law; and
      (9)   Shall maintain original jurisdiction on any criminal/civil case involving fire cause investigation unless the Fire Marshal deems transfer of case to another agency is necessary.
(Ord. 2011-07, passed 6-29-2011)