ORD 522 2/27/2001ORDINANCE NUMBER
AN ORDINANCE REPEALING CITY OF CIBOLO, TEXAS, ORDINANCES
NUMBER 246 DEALING WITH THE ESTABLISHMENT OF A POLICE RESERVE
FORCE AND NUMBER 440 DEALING WITH THE ESTABLISHMENT OF A
MUNICIPAL POLICE DEPARTMENT; REESTABLISHING AND
CONSOLIDATING INTO ONE ORDINANCE A MUNICIPAL POLICE
DEPARTMENT AND A POLICE RESERVE FORCE; REESTABLISHING THE
POSITION OF DIRECTOR OF PUBLIC SAFETY WITHIN THE POLICE
DEPARTMENT; ESTABLISHING THE REQUIREMENT THAT THE DIRECTOR OF
PUBLIC SAFETY REPORT DIRECTLY TO THE MAYOR AND CITY COUNCIL;
DESCRIBING CERTAIN RESPONSIBILITIES OF POLICE OFFICERS AND
SUPERVISION OF THE POLICE DEPARTMENT; LIMITING THE NUMBER OF
PERSONS APPOINTED AS POLICE OFFICERS; AND DECLARING THAT THIS
ORDINANCE SHALL BE EFFECTIVE IMMEDIATELY UPON PASSAGE AND
APPROVAL BY THE CITY COUNCIL THE CITY OF CIBOLO, TEXAS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CIBOLO, TEXAS.
SECTION 1.
Pursuant to Section 341.001 Texas Local Government Code, there is hereby created and
established a Municipal Police Department for the City of Cibolo, Texas. Moreover, there
is hereby established a police reserve force pursuant to Section 341.01 of the Texas Local
Government Code.
SECTION 2.
The Municipal Police Department of the City of Cibolo, Texas shall consist of such
number of Police Officers not to exceed 20. The 20 authorized positions is meant to
include both regular and reserve police officers. Only regular officers may occupy those
positions for which the City Council has authorized payment. The position of Director of
Public Safety is established and will perform as the Administrative Supervisor for the
Municipal Police Department, the Municipal Fire Department and coordinate with the
Emergency Management for the City of Cibolo. In addition the Director of Public Safety
will perform all other duties as outlined in the Director of Public Safety job description.
Each Regular and Reserve Police Officer will report directly to the Director of Public
Safety or his/her designee.
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 Mayor and City
Council.
SECTION 4
The Director of Public Safety shall appoint Police Officers both Regular and Reserve,
subject to confirmation by the City Council in conjunction with 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 Peace
Officers under the Rules and Regulations promulgated by the Texas Commission on Law
Enforcement Officer Standards and Education pursuant to Texas Occupations Code
Chapter 1701 and such other qualification 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.
The appointment of a Director of Public Safety shall be made by, and entered in the
minutes of, the City Council at any regular or special meeting of the City Council. The
appointment of any Police Officer must be approved by, and be entered in the minutes of,
the City Council at any regular or special meeting of the City Council.
SECTION 8
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. All police officers shall
serve at the pleasure of the City Council.
SECTION 9
The Director of Public Safety shall, in person or by designated Police Officer, attend the
Municipal •Court while in session. 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. Any Cibolo Police Officer shall have the right to serve process issued by the
Municipal Court of Cibolo, Texas, in each county in which the City of Cibolo is located,
as set forth in section 341.001 (f) of the Texas Local Government Code. In addition to
those powers, rights, duties and jurisdiction granted to or imposed on peace officers by
the Texas Code of Criminal Procedure, each Cibolo Police Officer shall perform such
other duties 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.
SECTION 10
In addition to the requirements set forth elsewhere in this ordinance which apply to
Reserve Police Officers, such as the permissible number of reserve officers, and the
appointment, approval, and qualifications of all police officers, the following additional
provisions apply to the Police Reserve Force.
a. The Director of Public Safety shall insure that all members of the Police Reserve
Force shall be trained in law enforcement fundamentals in accordance with Texas
Commission on Law Enforcement Standards and Education for Reserve Forces.
b. Members of the Police Reserve Force serve at the discretion of the Director of Public
Safety, who may call the reserve force into service at any time he considers it
necessary to have additional officers to preserve the peace and enforce the law.
c. An appointment to the reserve force must be approved by the City Council before the
person appointed may carry a weapon or otherwise act as a peace officer.
d. Reserve police officers may act only in a supplementary capacity to regular police
Force and may not assume the full-time duties of regular police officers without
complying with the requirements for regular police officers. On approval of the
appointment of a member who is a peace officer as described by Article 2.12, Code of
Criminal Procedure, the Director of Public Safety may authorize the person appointed
to carry a weapon or act as a peace officer at all times, regardless of whether the
person is engaged in the actual discharge of official duties, or may limit the authority
of the person to carry a weapon or act as a peace officer to only those times during
which the person is engaged in the actual discharge of official duties.
e. Nothing herein contained shall limit the authority of the Mayor to summon a special
police force under section 341.011, Texas Local Government Code, or under any
other of the State of Texas.
SECTION 11
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 o'Z 1 DAY OF FEBRUARY, 2001.
MAYOR, CITY OF CIBOLO, TEXAS
ATTEST:
ITY SECRETARY