129.05  RESERVE POLICE UNIT.
   (a)   Established .   The reserve police unit for the City of Spencer is hereby established.  The reserve police unit shall consist of entirely volunteers who assist, without compensation, regularly appointed police officers in preserving law and order within the City of Spencer.
   (b)   Powers and Duties .
      (1)   The reserve police unit shall render volunteer police service upon occasions when, in the opinion of the Chief of Police or Mayor, augmenting the regular police force would promote the public welfare and safety.
      (2)   The reserve police unit may be used for traffic control during parades, sporting events, handling crowds at festivals, rallies, fairs, and any other events as determined by the Chief of Police and the Mayor.
      (3)   The reserve police unit may also perform such duties as routine police patrol, police telephone and/or radio communications and may engage in such investigative activity as directed by the Chief of Police or the Mayor; provided, however, that no such activities shall be performed in a manner which interferes with any regular police work or reduces the manpower of the regular Police Department.
      (4)   Members of the reserve police unit shall have authority only while in uniform.  When off duty and/or not in uniform, a member of the reserve police unit shall be the same as anyone else with civilian status.
   (c)   Limitations .
      (1)   The reserve unit shall function only upon the request of the Mayor and the Police Chief and only under the control of the Mayor and the Police Chief.
      (2)   The powers and duties set forth above shall not be construed in any manner to vest with the reserve police unit general police powers, as are vested with the members of the Spencer Police Department.  The reserve police unit shall function only upon the request of the Police Department and only under the control of the Police Department.  A reserve unit member shall have no jurisdiction over any regular police officer and, when on duty, shall be entirely subordinate to the regular police officer.
      (3)   If at any time a member of the reserve police unit interferes with a regular police officer, the regular police officer shall have the authority to direct the reserve police unit member to refrain from activity and/or leave.
   (d)   Organization .
      (1)   The Chief of Police and the Mayor shall promulgate rules and regulations for the reserve unit and shall have control, management, and direction over all members of the reserve police unit, with authority to detail any members to such service as may be necessary together with the power to remove, discharge, suspend, or terminate any member.
      (2)   The Chief of Police and the Mayor shall be in charge of the selection of members of the reserve; provided, however, that no member of the reserve shall have been or, while serving, be convicted of any criminal offense against the State of West Virginia or the City of Spencer, except minor traffic violations.
(Passed 5-13-97.)