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Home My WebLink AboutDocumentation_Regular_Tab 17_05/09/2013 VILLAGE CLERK'S OFFICE AGENDA ITEM TRANSMITTAL FORM Meeting Date: Meeting Type: Regular Ordinance #: 13-13 5/9/13 Consent i�g'�nda: �-'`�� , F_= �n 6�G- �� :. Resolution #: Originating Department: Village Attorney �� •. • • - -• • -•. Ordinance 13-13, Firs� r��is��, �:��,;�nd�ng the Village Code of Ordinances at Chapter 42. Law Enforcement, by Creating an Entirely New Article II. Police Department, to Codify the Existence, Responsibilities and Operation of the Village's Police Department , . . .. Account #: Amount of this item: Current Budgeted Amount Available: Amount Remaining after item: Budget Transfer Required: ��'�cG��. �� Appropriate Fund Balance: �<h�?�se an item. '' • � •' • • • -. .••-� . . Department Head Submitted by Village Attorney Finance Director Reviewed for Financial Sufficiency ❑ ; / � No Financial Impact �� Attorney: (for legal s fficiency) ;/ Village Manager: ��-s ,-- - --- - _ �„_�.%'- i i/�.. r _�s Submit for Council Discussion: Q✓ �-/ Approve Item: ❑ Deny Item: � � • •' . . - _. -- - . -• •- - • .- - •- • •• - • • -• . • • _ - • - - • - Form Amended: 7/12/12 ORDINANCE NO. 13-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VII.LAGE OF TEQUESTA, FLORIDA, AMENDING THE VILLAGE CODE OF ORDINANCES AT CHAPTER 42. LAW ENFORCEMENT, BY CREATING AN ENTIRELY NEW ARTICLE II. POLICE DEPARTMENT, TO CODIFY THE EXISTENCE, RESPONSIBII.ITIES AND OPERATION OF THE VILLAGE'S POLICE DEPARTMENT; PROVIDING THAT EACH AND EVERY OTHER SECTION AND SUBSECTION OF CHAPTER 42. SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ADOPTED; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Village Council of the Village of Tequesta desires to amend the Village Code of Ordinances at Chapter 42. Law Enforcement, by creating an entirely new Article II. Police Department, to codify the existence, responsibilities and operation of the village's poliee depart�nent; and WHEREAS, the Village Council of the Village of Tequesta believes it to be in the best interests of the health, safety, and welfare of the citizens of the Village of Tequesta that the Village amend its law enforcement ordinance as stated herein. NOW, THEI2EFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF TEQUESTA, FLORIDA, THAT: Section 1: Chapter 42. Law Enforcement. of the Code of Ordinances of the Village of Tequesta is hereby amended by creating an entirely new Article II Police Department, to codify the e�stence, responsibilities and operation of the village's police department; providing that Cha.pter 42 shall hereafter read as follows: Chapter 42 LAW ENFORCEMENT ARTICLE I. - IN GENERAL __ _._ _ __ _ _ Sec. 42-1. - Assessment of court costs for criminal justice education. Secs. 42-2-42-10 �9. - Reserved. 1 Sec. 42-1. - Assessment of court costs for criminal justice �ucation. (a) In addition to the costs provided for in F.S. § 938.01, the village council does hereby assess an additional $2.00 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the sta.te criminal justice standards and training commission, for local funding. (b) Workshops, meetings, conferences, and conventions sha11, on a form approved by the state criminal justice standards and training commission for use by the village, be individually approved by the village prior to attenda.nce. The form sha11 include, but not be limited to, a demonstration by the village of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer's job; the direct benefits the officer and agency will receive; and a11 anticipated costs. (c) The sta.te criminal justice standards and training commission may inspect and copy the documentation of independent audits conducted of the village to ensure that such assessments have been made and tha.t expenditures are in conformance with the requirements of tlus section and with other applicable procedures. Secs. 42-2-42-�1. 3A. - Reserved. ART, i _CLF .- POLT F, nF,PARTMF:NT _ _ _ _ ... Sec. 42-11. - Creation. Se�. 42-12. - Chief. Sec. 42-13. - Sunervision. Sec. 42-14. - Denartrnental re�ulations. ecs 42-15—�2-30 - Reserved Sec. 42-11. - Creation. There is herebv created the villa�e nolice denartment. which de�ardnent shall be comnosed of the chief of the deDaztment and such other aersonnel and emnlovees as mav be annointed thereto bv the villa.ge manager. �ec. 42-12. - Chief. �`here is herebv established the nosition of chief of �olice. who shall be a certified aw enforcement officer under the laws of the State of Florida. and who sha11 be an apnointive administrative official anpointed bv the villaee manaser. �c. 42-13. - Suoervision. e chief of nolice sha11 have control and suoervision of all the matters relating to e nolice de�artment under the sunervision of the village mana�er. The cbief sha11 have the custodv and control of all eauinmen� vehicles and other naranhernalia of the nolice enartment and sha.11 ha.ve the nower to use and cause to be vut in service a11 or anv nart f the eauinment, vehicles and other naranhernalia belongin� to the nolice denartment. 2 Sec. 42-14. - D�t�rtmental re�ul�tionc. t shall be the dutv of the chief of nolice. with the annroval of the villa�e manaser and council when reauired bv the vi�age charter or administrative code. to make and �r mul�ate rules and re�ulations �overning the conduct and duties of the officers and mnlovees of the nolice denartment� includin� nenalties for the violation of such rules and reeulations. and such rules and regulations shall have the authoritv and force of law. Secs. 42-15--42-30. - Reserved. ARTICLE �II � - OFF-DUTY POLICE SERVICES _ _ _ _ _ _._ _ _ . _ _. . . _, ._ _ Sec. 42-31. - Generallv. ° Sec. 42-32. - Administrative re ations. Sec. 42-33. - Application for service. Sec. 42-34. - Charges. Sec. 42-35. - Disposition of revenue. Sec. 42-36. - Com nsation of officers performing off-duty services. Sec. 42-37. - Direct compensation allowed under certain circumstances. Sec. 42-38. - Official status of officers performin� off-dutv services. Sec. 42-31. - Generally. The policies and procedures in this article aze hereby established for the a.dministration of off-duty police services provided by certified law enforcement officers of the village police department. Sec. 42-32. - Administrative regulations. The chief of police shall make and prescribe the rules aad regulations which are appropriate and necessary for the administration and enforcement of off-duty police services as well as circumstances and events wherein such off-duty police services should be provided. The chief of police shall also draft the application form for off-duty police services subject to approval of the village manager. Sec. 42-33. - Application for service. Any person who engages in an activity or function within the village which may reasonably require special police services in addition to those police services generally provided to the public shall apply for off-duty police services by making application for the service on the approved application form at the village police department. Sec. 42-34. - Charges. The rates to be charged for off-duty police services sha11 be established by the village manager and shall be computed to include, in additio�i to the hourly rate to be paid police officers, a charge for employer FICA taxes, worker's compensation insurance, professional liability insurance and a ten percent administrative fee. The hourly rate for vehicle use shall also be computed and chazged when used for off-duty police services. Automobile liability insurance shall be included in the vehicle use computation. Revised charges for off-duty police services shall be computed by the chief of police 3 approxirnately October 1 of each fiscal year. Upon approval by tbe village manager, the revised rates sha11 be charged by the police department. The service charges for off-duty police services shall be prepaid at the time of applying for the services requested. S�. 42-35. - Disposition of revenua All proceeds collected for off-duty police services shall be transmitted to the department of fmance a.nd deposited to the appropriate revenue account established within the village general fund in accordance with cu.rrent village policies esta.blished for the deposit of public funds. Sec. 42-36. - Compensation of of�'icers performing off-duty services. Police officers voluntarily performing off-duty police services sha11 be compensa.ted at the hourly rate established, as an addition to the regular biweekly employee payroll. Such compensation sha11 be subject to all applicable wzthholdang taxes. Compensation under this section sha11 not be considered as income reportable to the Florida. Retirement System. Police officer off-duty services shall not be considered as normal work hours or as an addition thereto when computing hours of work and overtime. Police officer off-duty services sha11 not be applicable to village overtime computation policies, rules or procedures or any overtime provisions of applicable collective bargaining agreements. Sec. 42-37. - Direct compensallon allowed under certain eircnmstances. Direct compensa.tion to off-duty police services officers is allowed provided such services are provided in accordance with current police department ` regulations and policy; and with prior approval of the chief of police. Sec. 42-38. - Official status of officers performing off-duty services. Certified law enforcement officers of the village police deparhnent sha11 be deemed to be acting within the scope and course of their official duties while fulfilling off-duty police services. Section 2: Each and every other Section and Subsection of Chapter 42. Law Enforcement. shall remain in full force and effect as previously adopted. Section 3: All ordinances or parts of ordinances in conflict be and the same are hereby repealed. Section 4; Should any section or provision of this Ordinance or any portion thereof, any paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid, such decision sha11 not affect the validity of the remainder of this Ordinance. Section 5: Specific authoriTy is hereby granted to codify this Ordina.nce. Section 6: This Ordinance sha11 ta.ke effect immediately upon passage. 4