HomeMy WebLinkAboutORD 2019-10 - PD AdministationORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GEORGETOWN, TEXAS AMENDING TITLE 2 "ADMINISTRATION" BY
ADDING CHAPTER 2.30 RELATING TO THE POLICE DEPARTMENT;
MAKING OTHER PROVISIONS AND FINDINGS THERETO; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS; INCLUDING A
SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, documentation of the regulation of police and the preservation of order
dates back to the incorporation of the City of Georgetown in 1848 as a City in the Republic of
Texas, and
WHEREAS, there is documentation of the City of Georgetown having the power to
appoint patrols dating back to the incorporation of the City of Georgetown in 1848 as a City in
the State of Texas, and
WHEREAS, the City Charter was adopted in 1970 and Article I, Section 1.02 of the
Charter stated that the City had the powers enumerated in Article 1175 of Vernon's Annotated
Civil Statutes, and
WHEREAS, Article 1175 as it then existed, Section 27, gave home rule cities the power
to provide for a police department, and
WHEREAS, the Texas Local Government Code, Sec. 341.003 currently authorizes home
rule cities to provide for a Police Department, and
WHEREAS, the City of Georgetown has continuously provided for a Police Department
by the authority granted by statute and the Charter and by adoption of the City budget, and
WHEREAS, the Police Department is actively engaged in pursuing "Recognized" status
from the Texas Police Chief's Association's Law Enforcement Best Business Practices
Recognition Program, and
WHEREAS, the standards of the Recognition Program require explicit language
providing for a Police Department and the authority and responsibility of both Officers and the
Chief of Police, rather than reliance upon the Powers provided in some City Charters, and
WHEREAS, the City Council of the City of Georgetown, Texas now wishes to amend
Title 2 of the Code of Ordinances to provide language reaffirming the prior establishment of and
provision for the City Police Department and provide language reaffirming the authority and
responsibility of both Officers and the Chief of Police; and
10351 / Q / RSAUCIER / PD / 111 / 01/10/20191
Ordinance Number: Page 1 of 4
Description: Reaffirming prior establishment and provision for Police Department
Date Approved: .02-12. 1 Z M
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
GEORGETOWN, TEXAS:
SECTION 1: The meeting at which this Ordinance was approved was in all things conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
SECTION 2: The facts and matters set forth in the preamble of this Ordinance are found to be
true and correct and are hereby adopted, ratified, and confirmed.
SECTION 3: Georgetown Code of Ordinances Title 2 "ADMINISTRATION" is hereby
amended by adding Chapter 2.30, said sections that are being adopted are attached hereto as
Exhibit "A".
SECTION 4: All ordinances or parts of Ordinances that are in conflict or inconsistent with the
provisions of this Ordinance shall be, and the same are hereby, repealed and all other Ordinances
of the City not in conflict with the provisions of this Ordinance shall remain in full force and
effect.
SECTION 5: Should any paragraph, sentence, clause, phrase or section of this Ordinance be
adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of
this Ordinance as a whole or any part or provision thereof, other than the part so declared to be
invalid, illegal or unconstitutional.
SECTION 6: The Mayor is hereby authorized to sign this Ordinance and the City Secretary to
attest. This Ordinance shall become effective upon adoption of its second and final reading by the
City Council in accordance with the provisions of State law and the City Charter of the City of
Georgetown.
PASSED AND APPROVED on the First Reading on this the _J& th day of 2019.
PASSED AND APPROVED on the Second Reading on this the j`h day oit;
2019.
ATTEST:
obyn Dfnsmore, City Secretary
{00010351 / v2 / RSAUCIER / PD / 111 /01/10/20
THE CITY OF GEORGETOWN
Dale , Mayor
APPROVED AS TO FORM:
Char ie cN b, City Attorney
Ordinance Number: ;Wk—lo o Page 2 of 4
Description: Reaffirming prior establishment and provision for Police Department
Date Approved: 0'L 11—(o 12,0101
Exhibit "A"
Title 2 - ADMINISTRATION
CHAPTER 2.30 - POLICE DEPARTMENT
Sec. 2.30.010. - Establishment.
The Police Department of the City of Georgetown, being previously established, is
hereby reaffirmed, at the head of which is the Chief of Police. The Police Department is
composed of the Chief of Police and other officers and employees as the City Council may
provide. The jurisdiction of the Department has been and shall be, the corporate limits of the
City, that property lying outside the city limits which is owned by the City, and other
jurisdictional provisions outlined in State Law.
Sec. 2.30.020. — Functions.
The Police Department shall:
A. Be charged with maintaining peace and order in the community and protecting the
citizens of the City;
B. Provide continuous patrol services;
C. Respond to citizens' calls for assistance;
D. Investigate criminal offenses;
E. Apprehend offenders;
F. Provide traffic enforcement;
G. Enforce all municipal ordinances and laws, state and federal, the enforcement of
which it is charged with.
Sec. 2.30.020. - Chief of Police.
A. The Police Department of the City has and shall consist of the Chief of Police and such
members as the City Council may provide.
B. The Chief of Police has been and shall be appointed by and subject to the supervision of
the City Manager. In case of the disability of the chief of police or the executive assistant
chief, by reason of sickness, absence from the city or other cause, the city manager shall
designate one of the assistant chiefs or deputy chiefs within the police department to act
as chief of police during such disability, and the officer so designated shall serve without
additional compensation.
C. The Chief of Police has carried out and shall carry out the functions of the Police
Department relating to public safety and enforcement of Ordinances, state and federal
laws; organize the Police Department of the City in conformity with the laws of the State
{00010351 / v2 / RSAUCIER / PD / 111 /01/10/2019)
Ordinance Number:� 619► —10 Page 3 of 4
Description: Reaffirming prior establishment and provision for Police Department
Date Approved: ()OL [ C.Zo) j
and Ordinances of the City; and shall promulgate policies, procedures, rules, directives
and orders for the administration of the Department, including but not limited to
discipline within the Department.
Sec. 2.30.030. - Authority and Duties of Police Officers.
A. It is reaffirmed that individual officers constituting the City of Georgetown Police
Department are invested with all the power and authority given to them as peace officers
under the laws of the State. Inherent with this power and authority is the obligation to
preserve the peace, to enforce the ordinances and regulations of the City, the laws of the
State and of the United States, to take legal custody of offenders and to secure the
citizens from violence.
B. All personnel of the Police Department have been and shall be bound by the most current
directives, orders, rules, regulations and procedures for the operation of the Police
Department as may be promulgated or as hereinafter amended by the Chief of Police, and
failure to abide thereby shall subject the violating personnel to such disciplinary action as
may be determined by the Chief of Police within the limits of State law, City ordinance
and City policy.
Sec. 2.30.040. - Certification; compliance with state requirements.
No person will be, or has been, certified as a Police Officer who has not complied with
the basic requirements established by the State for Police Officers and by the City acting through
the Chief of Police.
100010351 / v2 / RSAUCIER / PD / 111 /01/10/2019)
Ordinance Number: Page 4 of 4
Description: Rcaf ttrtnin = prior establishment and provision for Police Department
Date Approved: Q 1. 11-(# 1 2-0� °A