(A) Establishment of Town Marshal. The Office of Town Marshal for the Town of Winfield, Lake County, Indiana, is hereby established.
(B) General purpose of Town Marshal. The Town Marshal shall serve as the Chief Police Officer of the town and provides for the orderly functioning of the Town Police Department in the enforcement of statutory law and execution of process by a legislative body and Courts having proper jurisdiction.
(C) Authority to appoint Deputy Marshals. The Town Marshal is hereby authorized to appoint Deputy Marshals (hereinafter, "Deputy"), in a number authorized by the Town Council, and subject to the approval of the Town Council.
(D) Tenure and discipline of Town Marshal. The Town Marshal shall serve at the pleasure of the Town Council. However, before terminating or suspending a Town Marshal who has been employed by the town for more than six months after completing the minimum basic training requirements adopted by the Law Enforcement Training Board under I.C. 5-2-1-9, as amended from time to time, the Town Council must conduct the disciplinary removal and appeals procedure prescribed by I.C. 36-8 et seq., as amended from time to time.
(E) Tenure and discipline of Deputy Marshal. A Deputy who has been employed by the town for more than six months after completing the minimum basic training requirements adopted by the Law Enforcement Training Board under I.C. 5-2-1-9 may be dismissed only if the procedures described under I.C. 6-5-7-3 et seq., as amended from time to time, are followed.
(F) Statutory powers and duties. The Town Marshal is the chief police officer of the town and has the powers of other law enforcement officers in executing the orders of the Town Council and enforcing laws. The Town Marshal and/or his or her Deputy shall have the following powers and responsibilities pursuant to state statute, as amended from time to time:
(1) The Town Marshal, or Deputy, shall serve all process directed to him or her by the Town Council;
(2) The Town Marshal, or Deputy, shall arrest without process all persons who commit an offense within his or her view, take them before a court having jurisdiction, and detain them in custody until the cause of the arrest has been investigated;
(3) The Town Marshal, or Deputy, shall suppress breaches of the peace;
(4) The Town Marshal, or Deputy, may, if necessary, call the power of the town to his or her aid;
(5) The Town Marshal, or Deputy, may execute search warrants and arrest warrants; and
(6) The Town Marshal, or Deputy, may pursue and jail persons who commit an offense.
(G) Non-statutory powers and duties. The Town Marshal and/or his or her Deputy shall, in addition to their statutory responsibilities, be subject to the standard operating procedures (SOP's) adopted from time to time by the Town Council which shall describe and detail non-statutory powers and duties of the Town Marshal and/or his or her Deputy.
(H) Compensation. The Town Council shall fix the compensation of both the Town Marshal and Deputy by the salary ordinance of the town, as amended from time to time.
(Ord. 232, passed 2-25-2014)