129.01 CODE OF RULES GOVERNING THE OPERATION OF THE POLICE DEPARTMENT.

   (a)   Rules Adopted. Be it ordained by Council that there is hereby established the following code of rules governing the operations of the Municipal Police Department of the City of Ripley. The provisions of this Code and all amendments thereto shall have the full force and effect of and shall be ordinances of the City, denominated as Section 129.01 of the Codified Ordinances.

   (b)   Applicability of this Code of Rules; Penalties for Noncompliance. The provisions of this Code of Rules shall apply to and be binding upon all officers and employees of the Municipal Police Department of the City. Failure to comply with the provisions and standards set forth in this Code of Rules shall subject the offender to disciplinary proceedings before the Ripley City Police Commission in accordance with Article 131 . In the event of a finding of violation by said Commission, appropriate and proportionate penalties including reprimand, suspension without pay or dismissal shall be prescribed by said Commission.

   (c)   General Mission. Ripley City Police Officers shall, within the boundaries of the City, preserve the public peace, protect life and property, observe and enforce the provisions of the laws and Constitution of the United States, and of the State of West Virginia and the ordinances of the City. Courtesy and civility toward members of the general public shall be displayed at all times and officers shall not interefere officiously or unnecessarily in the private activities of any person unless violations of laws or ordinances are apparent. Officers shall be constantly mindful of the constitutional balance between the needs of enforcing law so as to preserve the public peace, protect persons and property, and the constitutional and legal rights of individuals who stand accused or suspected of crimes. Officers must be prepared to justify, in the eyes of the law, every instance in which they exert their authority and power, bearing in mind that misuse of such apparent authority will subject them and their City to civil liability and/or criminal prosecution.

   (d)   Chain of Command.

      (1)   All officer personnel are required, as a condition of employment, to render prompt and strict obedience to their superiors in rank.

      (2)   In the event of any complaint, grievance or problem involving the department or any member thereof, including the complainant; the complainant shall first report his complaint, problem or grievance to the Chief of Police. If the matter is not resolved to complainant's satisfaction, he may so notify the Chief and contact the Mayor; if not satisfactorily resolved by Mayor, complainant may then so notify the Mayor and request a special meeting of the Police Commission; if not resolved by Commission, the complainant may so notify Commission and request an executive session of Council of the City. In all instances of seeking higher authority for such problem resolution, complainant must inform his said superiors of his appeal to higher authority, but in no case shall complainant need the permission of a superior to make such appeal. Nothing contained herein shall be construed to prohibit the retainer of legal counsel by complainant or of resort to any court of competent jurisdiction.

   (e)   Level of Training; Knowledge of Law and Procedure.

      (1)   Every officer, shall, as a condition of employment, be required to be certified in accordance with the provisions of the West Virginia Law Enforcement Training and Certification statute (W.Va. Code 30-29-1 et seq.) subject only to the exemptions set forth in said statute. In the event that a noncertified person is hired for the position of police officer, the Chief of Police shall, in accord with said West Virginia statute, make timely applications for such hiree to attend an approved law-enforcement training academy.

      (2)   Any noncertified person who is hired for the position of police officer, who shall, after being hired, enter and undergo West Virginia State Police Academy training at the expense of the City, shall as a condition of employment, immediately after being hired, and prior to attending said training, enter into a contract with the City, worded as follows:

      "THIS CONTRACT, made the                     day of                      , 20       , by and between the City of Ripley, West Virginia, a municipal corporation (hereinafter "City") and                       (hereinafter) "Mr. or Ms._____             ").

   Witnesseth, that in exchange for the mutal covenents and considerations hereinafter set forth, the said City and (Mr./Ms.                      ) hereby covenant, contract and agree as follows:

      1.   City agrees to hire (Mr./Ms.                                             ) as a police officer, upon a probationary basis, commencing (DATE) . Conditions of said probation are that (Mr./Ms.____________) shall be paid at the hourly rate of $              during the period from said date of hiring until successful completion of West Virginia State Police Academy Training and State certification as provided for by West Virginia State Code. If (Mr./Ms.                ) should fail or quit said academy course or fail to be certified, (his/her) employment as a City police officer shall be terminated and (he/she) shall return equipment purchased prior to or during his/her training.
(1960 Code)

      2.   (Mr./Ms.                               ) agrees to be employed by City as a police officer upon the terms aforesaid, and further agrees that, if (he/she) does successfully complete said Academy training and obtain certification at City expense, that for and in construction of City funding of such training and certification, that (he/she) will remain with City, serving as a City-employed police officer, for a period of not less than one (1) year following (his/her) certification, and (he/she) further agrees that if (he/she) should leave the employment of the City prior to the completion of such term of post certification service, that (he/she) will fully repay and reimburse City for the costs expended by City for (his/her) said training and certification, including all clothing and equipment cost.
(3-17-09)

      3.   Upon successful completion of such training and certification, City agrees to commence paying (Mr./Ms. _______ ) at the hourly rate of $                  as a full-fledged, nonprobationary patrolman subject to all normal rules, regulations and terms of police and general personnel employment.

      4.   Every officer shall keep himself constantly abreast of the current law of arrest, entry on private property, interrogation, search and seizure and of requirements for obtaining search and arrest warrants.

   (f)   Personal Conduct. The nature of police work requires that every officer be a law abiding citizen of unquestioned personal integrity and sobriety. Conviction by any federal, state or municipal court of a department employee of any felony or misdemeanor involving breach of the peace, offense or injury to person or property, public intoxication or controlled substance abuse, other than minor traffic offenses, shall be grounds for immediate termination of employment.

   Members or employees of the Department are expressly forbidden, whether on or off duty, to be intoxicated, disorderly or act in public in a manner not becoming an employee of the City and the Police Department. This rule is a condition of employment for all police department personnel.

   (g)   Uniforms, Equipment; Use and Maintenance.

      (1)   Uniforms. All uniformed personnel shall while on duty wear the standard seasonal uniform, badges and insignia as prescribed by the Chief of Police subject to Council approval. Personnel while on duty, shall be neat and clean in person, his clothes and shoes neat and clean, and his dress in standard conformity, unless, on account of other sufficient cause arising from the immediate discharge of his duties, his dress become spoiled or disarranged, in which case, it shall be put in proper condition as soon as circumstances permit. Each member and employee shall examine his equipment and keep the same in good serviceable condition at all times. Uniformed members of the City Police Department while on duty, shall present themselves in proper uniform at all times except when undercover or special assignment, taking care not to conduct business with public while bareheaded. Although permission is granted for officers to remove their uniform hat while driving patrol vehicles, it is imperative that hats are donned when leaving vehicles.

         Members of the Department shall not wear uniforms or insignia or partial uniforms at anytime except when on active or on special occasions or assignments of which their commanding officers have knowledge and to which the commanding officers have consented. Members shall not attend to personal business while in uniform, while either on or off duty. Such personal business shall include but not be limited to attending any place where intoxicating beverages are sold, or places of amusement.

      (2)   Weapons. Police weapons shall be limited to those prescribed as lawful by West Virginia State statutes and Council resolutions and shall be limited to: one standard service pistol per officer, one baton per officer, one baton style flashlight, one can of chemical spray per officer, one pair of handcuff restraints per officer, one riot shotgun per vehicle.

         Officers on duty shall always keep their firearms clean, oiled in working order and loaded, and shall treat all firearms as if loaded, checking the breeches thereof prior to handling. Firearms of on-duty personnel shall always be holstered on the person of officer or in his hand or under lock and key. No one other than an officer is to handle or use his firearm while on duty.

      (3)   Motor vehicles.

         A.   Police Department motor vehicles shall be operated only by police officers (or Ripley City officials in appropriate circumstances). No passengers, other than Ripley City officials, or prisoners or injured persons being transported, shall ride in police vehicles, unless in an emergency response situation or previously cleared by the Chief or Mayor.

         B.   Officers shall not drive police vehicles outside the corporate boundaries of the City unless in hot pursuit of a fleeing felon, or transporting injured persons to medical aid, unless previously cleared by the Chief or Mayor.

         C.   Officers operating police vehicles shall not unnecessarily or routinely violate motor vehicle laws. During incidents of pursuit or emergency medical transport, involving high speed or other needed violations of traffic laws, officers must operate both the flashing lights and the siren together. Officers shall exercise extreme care and caution in the use of police vehicles in any such pursuit or transport to assure that movements can be made safely, especially in moving through intersections.

         D.   Police Department vehicles shall never be left unattended and unlocked; keys shall never be left unattended in ignition; vehicles shall never be left unattended with motor running.

         E.   Officers shall at the beginning of their workshift, check the level of oil, radiator fluid and transmission fluid, tires, body and interior condition, and shall note such in the duty log. Officers shall keep all oil and fluids to safe levels, and report all hazardous or unusual condition verbally to the Chief.

   (h)   Record Keeping; Criminal and Civil Matters; Trials; Administrative Hearings.

      (1)   Duty log. Officers on duty shall keep and maintain a written log of all police business, encounters and incidents occurring during their duty shift. Said entries shall be in sufficient detail to record date, time, occurrence, names, addresses, vehicles, locations, weather, visibility, words exchanged or complaints received for every significant encounter. all citizen complaints and response thereto shall be set down in the log. Special and detailed entries shall be made in all instances involving the use of deadly force, arrest, property damage, personal injury or death.

      (2)   Vehicle accident reports.

         A.   In all motor vehicle accidents occurring upon public streets or highways the standard West Virginia Uniform Traffic Accident Report shall be filled in.

         B.   In all motor vehicle accidents occurring on privately owned areas, not on public street or highways, officers shall, at a minimum record date, time, names, addresses and driver's license number of drivers, apparent areas of property damage or personal injury, vehicle model year, make, color, license and VIN number, vehicle owners names and addresses, insurance information including company, agent, policy number if available.

      (3)   Criminal complaint. At a minimum, in the event of a criminal complaint, the officer shall complete a standard Ripley Police Department "Report of Criminal Investigation" form.

      (4)   Administrative and legal matters. Officers shall cooperate fully with the City Attorney, Prosecuting Attorney and other legal counsel representing the City, State or Nation. They shall assist in any and all pretrial preparation as requested, attending dispositions and interviews; submitting oral and written reports. They shall notify attorneys and the Chief in the event they are served with subpoenas or other legal process. Attendance at administrative hearings, and criminal and civil trials is mandatory and shall not be excused except upon notice and conditions acceptable to the court or adminsitrative body involved. Normally such conditions require personal or family illness or death. All police business is confidential and shall be kept in strictest confidence by officers. No ex part conferences with accused persons or their families, friends or legal counsel shall occur without the prior knowledge and consent of the Prosecuting Attorney, City Attorney or other legal counsel representing the City, State or Nation.

   (i)   Standing Watch (On-Duty Rules).

      (1)   Patrols. Officers on duty shall patrol the City in a random nonpredictable manner, they are not to remain stationary or indoors either at headquarters or at other locations for extended periods. They are to be watchful for signs of breaking and entering, breaches of the peace and other violations of law. At nighttime doors and windows of business premises, after business hours, shall be frequently checked for secure locking or breakage.

      (2)   Response. When summoned to assist persons in danger, injured or being criminally victimized or in responding to breach of the peace calls, an officer shall proceed without delay to the scene. Reasons for any response time to reach the scene which exceeds ten minutes shall be recorded in detail in the duty log. Call for reinforcements is mandatory if it becomes apparent that a single officer will lack sufficient power or presence to control the situation. Domestic situations involving assault are to be treated as any criminal assault. If a domestic violence victim requests and arrest and elects to press charges, an arrest shall be made and the perpetrator shall be taken promptly before a magistrate.

          In no circumstance shall an officer attempt to dissuade a complainant from pressing charges.

      (3)   Radio contact. Officers on patrol shall maintain radio contact with the City dispatcher or county dispatcher at all times. Turning off the vehicle radio, or one's personally carried radio while out of the vehicle is prohibited.

      (4)   Leaving City. Officers shall not leave the City limits while on duty unless in hot pursuit of a fleeing felon, transporting injured to medical assistance or other like emergency without prior permission of Chief or Mayor.

      (5)   Special notice to Chief. Officers on duty shall notify the Chief immediately of all incidents involving major property damage, use of deadly force by officer or other, felony, personal injure or loss of life. The general guideline for notifying the Chief in such case is: "When in doubt, call the Chief."

      (6)   Use of force. Officers shall use only sufficient force or threat of force to overcome resistance; flight is not resistance and fleeing persons are not to be shot at; officers shall not beat or physically punish a suspect after resistance ceases.

      (7)   Use of deadly force. An officer shall utilize deadly force only to save the life of himself or another. He shall not unholster his firearm unless he perceives a life threatening situation. In the event a firearm is unholstered, a detailed written report citing the time, place and justifying circumstances surrounding the unholstering incident shall be required. No use of unauthorized deadly weapons is authorized.

      (8)   Crime scene investigation. Whenever an officer shall be the first to come to a crime scene, either as a result of finding it while on patrol, or having been summoned, he shall render immediate assistance to any injured persons, summon medical aid or transport the victim himself if needed to preserve life, neutralize any dangerous conditions and then immediately take charge of said scene, securing the site from all interference or disturbance, preserving the location and condition of all evidence for appropriate photography, measurement and/or other necessary expert analysis. Special care shall be taken to preserve fingerprints, tire tracks, weapons, footprints and all other physical evidence. In no case shall investigation be permitted to interfere with medical aid or transport.

         The officer shall note in writing his impression and conclusions, and obtain the names of witnesses and victims; description and/or name of accused; of any vehicles or other pertinent data. In cases of homicide, the state police, county corner and prosecuting attorney shall be contacted immediately. A City report of Criminal Investigation will be completed.

      (9)   Arrest.

         A.   In all cases of arrest, the officer shall inform the arrestee that he is being placed under arrest and shall immediately inform him of his constitutional rights in compliance with the then current standards of constitutional law, by reading such warnings from a prepared written card. If at all possible such warnings shall be given in the presence of a reliable third party witness.

         B.   The officer shall take appropriate steps to prevent escape or harm to himself or others by the arrestee.

         C.   The officer shall assure the safety and comfort of the arrestee.

         D.   In the event the arrestee is ill or injured the officer shall transport the arrestee to needed medical assistance or summon such aid so as to safeguard the life and health of the arrestee.

      (10)   Motor vehicle accidents.

         A.   Whenever an officer shall be the first to arrive at a motor vehicle accident scene, he shall immediately take charge of the scene, securing the site so as to prevent further accident or injury from traffic or other source.

         B.   He shall render immediate assistance to any injured persons, summon medical aid or transport victims himself if necessary to preserve life. In no case shall investigation or reporting requirements in any way interfere with medical aid or transport.

         C.   The officer shall obtain information regarding the incident, including on site description by witnesses, weather visibility, photography, measurements, diagrams, names and addresses of parties and witnesses, vehicle make, model, year, color, license tag numbers, VIN number, insurance data, fill out standard West Virginia State Accident Report.

         D.   See also Section 129.01(h)(2)B. of these Code of Rules.

      (11)   Traffic and parking citations. No quota of tickets written shall be required of any officer; however, all officers on day and evening shift shall, whenever possible, devote one hour of shift time to checking parking meters and zones. Officers must write reasons induty log for failure to so devote said hour.

      (12)   Miscellaneous.

         A.   As a condition of employment, every officer shall possess and maintain a home telephone; and shall inform the Chief of his current telephone number and home address. Off-duty officers shall endeavor to be readily available for duty call-up in cases of emergency, by keeping their whereabouts known to family and or City whenever possible.

         B.   Officers shall not conduct any sales or charitable soliciting while on duty.

         C.   Use of or possession of intoxicants of any kind while on duty, or reporting for duty under the influence of intoxicants is strictly prohibited. This is a condition of employment.

            (1960 Code 3.507.1; 11-6-08)