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Home My WebLink AboutDocumentation_Regular_Tab 14_07/11/2013 VILLAGE CL Redistributed from May Meeting AGENDA ITEM TF j Meeting Date: Meeting Type: Regular j 5/9113 , _ _ __ __ _ ____ .;�"' ___ --- _ _-- ___------ ; i Consenf �ig�nda: � Resolution #: ' I -____ _ _ -' __ _ _ _ _ _ ____ _ --- --- � I Originating Department: Village Attorn�y i , � '�-- - _ -- - _ __ _ _ i i , .� m. � . - -. . -.. �� Ordinane� 13-13, �irs� ��E��d�_�af��e.E��trt� tl�c ';1oii_�t�� _Qa�i� {�fi� C;�relir�R��r�ees ai Ct�7a��tE;r �av�� _ri��rc�rr��ni, I ; by Creating an Entireiy New Article II. Police Department, to Codify the Existence, Responsibilities anci ; Operatian of the Village's Police Department j � . . -, Account #: ( Amount of this item: _ �- - - -- ___ ___ _ _ __ _ _ _ _ Current Buc�� i�r��u�� a��t��: � Amount Remaining afiter iteme j , � � ---_ ---_ ___ _--- ___ - - --- - � --- ----- - ------- ---- --- - - ------- -------- --I , Budget 7ransfer Required: � Appropriate Fund Balance: I � � ! L--------_ _-------- - ---- - __ , _ _ _ _ _ _ _- -- ------- ----- — � ' • •' :� • a- r � � .�- �. ( I i � L__._._..__.. .. .. ._.___. . .. _. ... .._. ... ... . . . ... _ ..... .._.__ ._..._ _. .._ _.__. ._.. � • � • � � � Department Head Submitted by Village Attorney - - ------ ---_ _____ _ --. _ __--- _ _ __ _ - - --! Finance Director � Reviewed for Financial Sufficisncy ❑ .; �;, � I No Financial Impact ] ��, � --- ____- — - __ _ _ - _ - - _ _ _ _ _ __ � Attorney: (for legal s fficiency) � �, �-- - - -- ; , Village Manager: � ._,..-�-� � I , _ . � -- -- Submit for Council Discussion: [] � ``� �' i Approve Item: (� � � Deny Item: � � I ___ �- - -- --_ _----------- ----- -__-- ---_ -- _�-- ---- - ---- - ----- --- - � • • . �a � - -., � �� p � - � � .- . �. - . . -. . , . _ . - � ( __. . ; � -- --- -- -__ _ _ __ - _ - - ---- _ ---- ---- _ _ _-- - -- ------ -- _----- -- _. _ _ __ __I ORDINANCE N0.13-13 AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE 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, RESPONSIBILITIES 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 police department; 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, THEREFORE, 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 existence, responsibilities and operation of the village's police department; providing that Chapter 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 �8. - Reserved. 1 Sec. 42-1. - Assessment of court costs for criminal justice education. (a) In addition to the costs provided for in F.S. § 938.01, the village cou.ncil does hereby assess an additional $2.00 for expenditures for criminal justice education degree programs and training courses, including basic recruit training, for their respective officers and employing agency support personnel, provided such education degree programs and training courses are approved by the employing agency administrator, on a form provided by the state criminal justice standards and training commission, for local funding. (b) Workshops, meetings, conferences, and conventions shall, on a form approved by the state criminal justice standards and training commission for use by the village, be individually approved by the village prior to attendance. The form shall include, but not be limited to, a demonstration by the village of the purpose of the workshop, meeting, conference, or convention; the direct relationship of the training to the officer's job; the direct benefits the officer and agency will receive; and all anticipated costs. (c) The state criminal justice standards and training commission may inspect and copy the documentation of independent audits conducted of the village to ensure that such assessments have been made and that expenditures are in conformance with the requirements of this section and with other applicable procedures. Secs. 42-Z--42-�Q �A. - Reserved. �$TICLE II. - POLICE DEPARTMENT S�c. 42-11. - Creation. Sec. 42-12. - Chief. Sec. 42-13. - Sunervision. Sec. 42-14. - Denartmental regulations. Secs. 42-15-42-30. - Reserved. Sec. 42-11. - Creation. There is herebv created the villa�e nolice denartment, which denaxtment shall be comnosed of the chief of the denartment and such other nersonnel and emnlovees as mav be annointed thereto bv the villa�e mana e�r. Sec. 42-12. - Chief. There is herebv established the nosition of chief of nolice. who shall be a certified law enforcement officer under the laws of the State of Florida. and who shall be an apnointive administrative official annointed bv the villa�e manaser. Sec. 42-13. - Su�ervision. The chief of nolice shall have control and sutiervision of a11 the matters relatin� to the nolice denarhnent. under the sunervision of the villa.�e mana�er. The chief shall have the custodv and control of all eauibment. vehicles and other naranhernalia of the nolice denartment and shall have the nower to use and cause to be nut in service all or anv nart of the eauinment, vehicles and other naranhernalia belonging to the nolice denartment. 2 ec. 42-14. - Denartmental re�ulations. It sha11 be the dutv of the chief of nolice. with the abnroval of the villa�e mana�er ---- - - - _ and council when reauired bv the villaee charter or administrative code, to make and nromul�ate rules and reeulations �overnins the conduct and duties of the officers and emnlovees of the nolice denartment. includin� nenalties for the violation of such rules and reeulations. and such rules and re�ulations shall have the authoritv and force of law. Secs. 42-15-42-30. - Reserved. ARTICLE I�I �. - OFF-DUTY POLICE SERVICES Sec. 42-31. - Generallv. Sec. 42-32. - Administrative re�ulations. Sec. 42-33. - Application for service. Sec. 42-34. - Charges. Sec. 42-35. - Disposition of revenue. Sec. 42-36. - Compensation of officers performin� off-dutv services. Sec. 42-37. - Direct compensation allowed under certain circumstances. Sec. 42-38. - Official status of officers performin og ff-duty services. Sec. 42-31. - Generally. The policies and procedures in this article are hereby established for the administration 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 and 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 sha11 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 sliall 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. T'he rates to be charged for off-duty police services shall be established by the village manager and shall be computed to include, in addition 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 charged 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 approximately October 1 of each fiscal year. Upon approval by the village manager, the revised rates shall 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. Sec. 42-35. - Disposition of revenue. All proceeds collected for off-duty police services shall be transmitted to the department of finance and deposited to the appropriate revenue account established within the village general fund in accordance with current village policies established for the deposit of public funds. Sec. 42-36. - Compensation of officers performing off-duty services. Police officers voluntarily performing off-duty police services sha11 be compensated at the hourly rate established, as an addition to the regular biweekly employee payroll. Such compensation sha11 be subject to all applicable withholding taxes. Compensation under this section shall not be considered as income reportable to the Florida Retirement System. Police officer off-duty services sha11 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 compensation allowed under certain circumstances. Direct compensation 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 department shall 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 shall not affect the validity of the remainder of this Ordinance. Section 5: Specific authority is hereby granted to codify this Ordinance. Section 6: This Ordinance shall ta.ke effect immediately upon passage. 4