A. Definitions: For purposes of this Section, the following words and phrases shall have the meanings herein set forth. (Ord. 2-77, 9-9-1977)
CHIEF OF POLICE: The Chief of the West Liberty Police Department.
MEMBER: A person who has applied for membership in the Police Auxiliary Unit, has been certified as eligible for advancement from trainee status to member status by the Chief of Police and has thereafter been sworn in by the Mayor.
OFF-DUTY: The term used when referring to a trainee or member of the Police Auxiliary Unit at all time periods not specifically designated as on-duty.
ON-DUTY: The term used when referring to a trainee or member of the Police Auxiliary Unit performing a police function at the direction of the Chief of Police or in his absence, his designated regular police officer subordinate.
POLICE OFFICER OR REGULAR POLICE OFFICER: An officer of the West Liberty Police Department.
TRAINEE: A person who has been accepted into training to qualify as a member of the Police Auxiliary Unit but who has not received full membership status. Each trainee shall be on a one year probationary period and shall not carry any firearms. (Ord. 2-77, 9-9-1977; amd. Ord. 4-78, 3-7-1978; Ord. 16-79, 11-20-1979; 1998 Code)
B. Unit Created; Appointment: There is hereby created the Police Auxiliary Unit, in purpose to supplement the regular police force with trained manpower for normal and emergency operation. The Police Auxiliary Unit shall be an organization composed of persons who shall have agreed to volunteer their time and services to the Police Department and have been appointed and sworn in as members or trainees of the Police Auxiliary Unit by the Mayor. (Ord. 2-77, 9-9-1977)
C. Direction And Supervision Of Chief Of Police: The Police Auxiliary Unit shall be under the direction and supervision of the Chief of Police. The organizational form and size shall be deemed by the Chief of Police and the Mayor and as approved by resolution of the City Council. The Auxiliary shall operate only within the City limits. (Ord. 4-78, 3-7-1978; amd. 1998 Code)
D. Requirements: The prerequisites for persons to qualify as trainees and members of the Police Auxiliary Unit shall be as prescribed in formal written document by the Chief of Police, which requirements shall include but not be limited to physical and mental fitness, aptitude and personality inventory, and criminal record. Said prerequisites or standards shall apply to trainees, members and applicants, as well as to standards for continuing membership in the Police Auxiliary Unit. All trainees and members shall be at least eighteen (18) years of age and shall have completed a high school education. (Ord. 2-77, 9-9-1977; amd. Ord. 16-79, 11-20-1979)
E. Training: It shall be the duty of the Chief of Police to provide such classroom and on-the-job training as he deems appropriate, necessary and desirable for trainees and members. Said training for the Police Auxiliary Unit shall consist of a minimum of such hours of classroom and on-the-job training in various police subjects in fields of police work and activity deemed necessary, and formalized in writing, by the Chief of Police, in accordance with Iowa Peace Officer Standards. Further, said training shall be given at the convenience of the Police Department, and no such training shall be permitted to interfere with the efficient performance of the regular duties of the Police Department. (Ord. 2-77, 9-9-1977; amd. 1998 Code)
F. Application And Appointment:
1. Trainee: Applicants desiring trainee appointment shall so apply in writing to the Chief of Police and after complying with the requirements and qualifications therefor may be so appointed by the Chief of Police.
2. Membership: Applicants desiring member status shall so apply in writing to the Chief of Police and after complying with the requirements and qualifications therefor may be so appointed by the Chief of Police, whereupon the applicant will take an oath of office given by the Mayor.
G. Trainee Or Member Termination:
1. Termination Or Resignation; Notice: The Chief of Police shall have the authority to terminate a person's trainee or member status in the Police Auxiliary Unit at any time, and a trainee or member may resign at any time by written notification to the Chief of Police.
2. Right Of Appeal; Mayor's Decision Final: In situations of termination by the Chief of Police, the person so terminated shall have the right of appeal to the Recreation, Public Safety and Grievance Committee of the City Council sitting informally, which, after hearing thereon, shall make its recommendation to the Mayor who shall, at his sole discretion, uphold or reverse the actions of the Chief of Police, who shall abide thereby.
3. Surrender Of City Property: Any person or persons whose position as trainee or member is voluntarily or involuntarily terminated shall surrender all property of the City, which may have been issued to such person or persons, and this procedure shall also be applied during any appeal procedure.
H. Line Of Authority: The Chief of Police shall, subject only to the Mayor's directive, have complete authority and control over the Police Auxiliary Unit, including its members and trainees, and may delegate the exercise thereof, in whole or in part, to any of his regular police officer subordinates. The Chief at Police shall promulgate formal written rules and regulations, which he may change from time to time, governing the Police Auxiliary Unit in all respects providing for the maintaining of discipline and the assigning of each member or trainee to perform certain peace officer duties; and he shall be responsible to the Mayor for Police Auxiliary functions or actions taken in the course of official duty.
I. Peace Officer Status And Authority: Each Police Auxiliary Unit member shall:
1. While serving in said capacity on-duty acting pursuant to the orders of the Chief of Police or his designated regular police officer subordinate, have the status of a police officer and as such shall have the same peace officer powers and authority as a regular police officer.
2. Have only those powers and authority granted to a private citizen when they are off-duty and not acting pursuant to an order of the Chief of Police or his designated regular police officer subordinate. Each Police Auxiliary Unit member or trainee shall refrain from representing himself as a police officer or as having police officer authority or implying the same through disclosure of his association with the Police Auxiliary Unit.
J. Employment Status, Compensation And Insurance: Members and trainees of the Police Auxiliary Unit shall be considered employees of the City during those periods when they are performing police duties and functions as authorized and directed by the Chief of Police. The members and trainees of the Police Auxiliary Unit shall receive a salary from the City of one dollar ($1.00) per year or fraction thereof to be paid from the Police Department budget. Further, the City shall provide worker's compensation insurance coverage for said members and trainees of the Police Auxiliary Unit while on-duty or while participating in supervised training, including the protection of the City's general liability insurance policy as it applies to other regular City employees. (Ord. 2-77, 9-9-1977)
K. Issued Equipment; Uniform Allowance: Each Police Auxiliary Unit member or trainee shall:
1. Furnish equipment and uniforms at his own expense as deemed necessary or desirable by the Chief of Police. All badges and patches shall carry the "West Liberty Auxiliary Police" designation. After one year of service, one hundred dollars ($100.00) per year shall be allowed for uniforms.
2. Keep for expedient use every item of equipment which may from time to time be properly issued to said trainee or member.
3. While in an on-duty status, carry firearms as authorized by Chief of Police but only after previously individually qualifying as to firearm safety and use factors.
4. While in an off-duty status, not be authorized to carry any firearms or any other concealed weapons specifically as a result of their association with the Police Auxiliary Unit.
5. While in an off-duty status, refrain from wearing or displaying the uniform or equipment of the Police Auxiliary Unit unless specifically authorized by the Chief of Police.
L. Misdemeanor And Penalty: Any person violating any provision of this Section shall be deemed to be guilty of a misdemeanor and, upon conviction, shall be subject to penalty as provided in Section 1-4-1 of this Code; and each day such violation continues shall constitute a separate and distinct offense.
The Police Chief shall report in writing to the Council in the first quarter of each year everything in connection with the Auxiliary Unit which will be of interest to the Council. He shall at the same time submit a list of the members in good standing and shall recommend to the Council whether the Auxiliary Unit be continued or terminated. (Ord. 2-77, 9-9-1977; amd. 1998 Code)