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ORD 440 4/12/1994• ' � 1 ;► 4J ►l J\lt: t v 1 AN ORDINANCE REPEALING ORDINANCE NUMBER 304 AND ORDINANCE NUMBER 317 OF THE CITY OF CIBOLO, TEXAS DEALING WITH THE ESTABLISHMENT OF A MUNICIPAL POLICE DEPARTMENT; ESTABLISHING A POSITION OF DIRECTOR OF PUBLIC SAFETY WITHIN THE POLICE DEPARTMENT, IN LIEU OF A CHIEF OF POLICE, AND DESCRIBING CERTAIN DUTIES FOR THE DIRECTOR OF PUBLIC SAFETY; REFLECTING THE APPOINTMENT OF POLICE OFFICERS, CERTAIN RESPONSIBILTTIES OF POLICE OFFICERS, SUPERVISION OF THE POLICE DEPARTMENT; AND DECLARING THAT THIS ORDINANCE SHALL BE EFFECTIVE MvIEDIATELY UPON PASSAGE AND APPROVAL BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO,TEXAS. SECTION 1. Pursuant to Sec. 341.001 et Seq. Texas Local Government Code, there is hereby created and established a Municipal Police Department for the City of Cibolo, Texas. SECTION 2. The Municipal Police Department of the City of Cibolo, Texas shall consist of such number of Police Patrol Officers as the City Council may designate by proper council action. A position of Director of Public Safety is established and will perform as the Administrative Supervisor for the Municipal Police Department, The Emergency Management Coordinator for the City of Cibolo, and will perform all other duties as outlined in the Director of Public Safety job description of the Personnel Manual for the City of Cibolo, Texas. Each Regular and Reserve Police Officer will report directly to the Director of Public Safety. The position of Police Administrator for the Municipal Police Department is abolished upon passage and approval of this ordinance. ORD # 440 page 2 of 4 SECTION 3. The position of Director of Public Safety is hereby declared to be an appointive office of the City of Cibolo and it will be filled by the City Council. The Director of Public Safety position will be occupied at the will and pleasure of the City Council, and when occupied, the Director of Public Safety will report directly to the City Administrator. SECTION 4. The Director of Public Safety may appoint such number of Police Officers as may be authorized by the City Council by proper council action. The appointment of all Regular and Reserve Police Officers will be subject to confirmation by the City Administrator and City Council and such employment policies, procedures, and guidelines as may be prescribed by the City Council. SECTION 5. Each member of the Municipal Police Department will qualify for employment as Police Officers under the Rules and Regulations promulgated by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Article 4413 of the Revised Civil Statutes of Texas and such other qualifications as may be prescribed by the Director of Public Safety and / or the City Council that are not in direct conflict with said statute. SECTION 6. Upon appointment, the Director of Public Safety and each Police Officer of the City of Cibolo will take and subscribe to the official oath prescribed for such office and a commission confirming such appointment shall be issued by the Mayor to the appointee. The appointment of a Director of Public Safety or any Police Officer shall be made and entered in the minutes of the City Council at any regular or special meeting of the Council except that the Mayor of the City of Cibolo is authorized to appoint members to the Police Department prior to a regular or special meeting of the City Council if the Mayor determines conditions warrant an appointment prior to an official meeting and the Mayor ORD # 440 page 3 of 4 shall advise the council of the action at the next regular or special meeting of the council. An official badge, as designated by the Director of Public Safety and confirmed by the City Council, shall be issued to each member of the Police Department identifying each Police Officer as a member of the Cibolo Police Department. SECTION 9. The Director of Public Safety shall, in person or by designated Police Officer, attend the Municipal Court while in session, and shall promptly and faithfully execute writs and processes issued from said court. For the purpose of executing all writs and processes issued from the Municipal Court, the jurisdiction of the Director of Public Safety and each Police Officer shall extend to the boundaries of the county in which the Municipal Court is situated. The Director of Public Safety and each Police Officer shall have like power with the Sheriff of the County to execute warrants; each Police Officer shall be active in calming riots, disorder, and disturbances of the peace within the city limits, and shall take into custody all persons so offending against the peace of the city; the Director of Public Safety shall have the authority to take suitable and sufficient bail for the appearance before the Municipal Court of any person charged with an offense against the ordinances of the City or Laws of the State of Texas; it shall be the duty of each Police Officer to arrest, without wan -ant, all violators of the public peace, and all who obstruct or interfere in the execution of the duties of their office, or, who shall be guilty of any disorderly conduct or disturbance whatsoever; to prevent a breach of the peace or preserve quiet and good order each Regular Police Officer shall have the authority to close any Theater, Ballroom, or any other Public Place or Building of public resort; in the prevention and supression of crime and arrest of offenders each Police Officer shall have, possess, and execute like power, authority and jurisdiction as the Sheriff, or as authorized in the Texas Code of Criminal Procedures. Each Police Officer shall perform such other duties and and possess such other powers and authority as the City Council may, by proper council action, require and confer, not inconsistent with the Constitution and Laws of the State of Texas. ORD # 440 page 4 of 4 SECTION 10. This Ordinance is effective immediately upon its passage and approval by the City Council of the City of Cibolo, Texas. PASSED, APPROVED, AND ADOPTED THIS I Z DAY OF APRIL, 1994. ��-i `yrr'fll �✓1 MAYOR, CITY OF ClBOLO, TEXAS ATTEST: a4 & CITY SECRETARY