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002-20 - Ordinance - Repealing and Replacing POMC Chapter 2.16 Police DepartmentORDINANCE NO. OO2-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REIATING TO THE PORT ORCHARD POLICE DEPARTMENT; REPEAIING CHAPTER 2.16 OF THE PORT ORCHARD MUNtCtpAL CODE ("pOMC"l AND ADOPTING NEW POMC CHAPTER 2.16, AND ESTABTISHING AN EFFECTIVE DATE. WHEREAS, in L970, by Ordinance No. 857 codified at Port Orchard Municipal Code Chapter 2.16, the City Council created and established the Port Orchard Police Department; and WHEREAS, City Staff, including the Chief of Police, recently audited PMC Chapter 2.L6 and recommend new code language, so as to clarify the positions in the Police Department and the duties thereof; and WHEREAS, the City Council has reviewed the proposed code language, and believes it to be in the best interests of the City to enact the proposed code language; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOIIOWS: SECTION 1. Repealed. Port Orchard Municipal Code Chapter 2.16, Police Department, is hereby repealed in its entirety. SECTION 2. Adoption. A new Chapter 2.LG of the Port Orchard Municipal Code, entitled Police Department, is hereby adopted and added to read as follows: Chapter z.LG Police Department 2.15.010 2.L6.O20 2.16.030 2.L6.O40 2.15.050 2.15.060 Establishment Chief of Police - Appointment and civil service exclusion Positions designated Members - Appointment and Commissioning Police Powers Oath of Office 2.L6.0L0 Establish ment There is established and created a Police Department to be operated under the direction and control of the City's chief law enforcement officer, the Chief of Police, subject to the supervision of the City Mayor. Ordinance No. OO2-2O Page 2 of 4 2.L6.020 Chief of Police - Appointment and civil service exclusion The Chief of Police shall be appointed by the City Mayor, subject to approval by the City Council, and may be removed by the City Mayor. Removal shall be in accordance with the law and the policies of the City of Port Orchard. Pursuant to RCW 4L.L2.O5O, the position of Police Chief is excluded from civil service for city police. 2.L6.030 Positions designated ln addition to the Chief of Police, the police department shall be staffed by regular commissioned personnel in such numbers and ranks as shall be deemed necessary by the city council pursuant to its adopted budget. The department may be supplemented by such support personnel as would be required to aid in the everyday operations of a police department. Such support personnel shall not be commissioned officers. 2.L6.040 Members - Appointment and Commissioning All persons hired as law enforcement officers for the Port Orchard Police Department shall be commissioned as police officers for the City of Port Orchard prior to being assigned to law enforcement duties. Al! personnel below the rank of Chief shall be appointed and commissioned by the Chief in accordance with the applicable law, ordinance, rule, or regulation relating to civil service except as exempted in accordance with RCW 4L.L2.O5O and may be removed by the Chief subject to any applicable law, ordinance, rule, or regulation then in force and effect. No police commission, regular, temporary or honorary, shall be issued to any person until such person has been certified for a regular or provisional appointment to fill an authorized personne! vacancy by the Civil Service Commission in accordance with such rules and regulations relating to civil service then in force and effect. 2.L6.050 Police Powers The Chief of Police and all commissioned police personnel shall have the powers granted to them by state and local law and shall be responsible for those duties imposed by the laws of the state relating to Chief of Police and law enforcement personnel for code cities. The Chief and all law enforcement personnel shall have the power and duty to enforce the ordinances of the City and to perform other such services as the laws of the state or the ordinances of the City may now or hereafter require including acts authorized pursuant to the lnter-Local Cooperation Act, the Mutual Aid Peace Officers Powers Act, and pursuant to Chapter 10.93 RCW and Chapter 39.34 RCW. Ordinance No. 002-20 Page 3 of 4 2.L6.060 Oath of Office All commissioned personnel, to include the Chief of Police, shall be sworn in to enforce the ordinances of the City of Port Orchard, state and federal law, to protect the public peace and safety within the City of Port Orchard, and to abide by the code of professional conduct and responsibility for peace officers. Prior to assuming a police commission, persons hired for a position that requires a commission willtake an oath of office to enforce the law, uphold the Constitution of the United States and the State of Washington, and shall make such oath before the mayor or a designee. SECTION 7. Ratification. Al! acts taken pursuant to the authority of this Ordinance but prior to its effective date are hereby ratified. SECIION 8. Severabilitv. lf any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. SECTION 9. Savinss Clause. Those portions of Chapter 2.LG of the Port Orchard Municipal Code which are repealed by this ordinance shall remain in force and effect until the effective date of this ordinance. Such repeals shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. SECflON 9. Effective Date. This ordinance shall be in full force and effect five (s) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 10th day of March 2020. Robert Putaansuu, Mayor ATTEST:ltlllilt a 4 e RoPe S Rinearsor, MMC, City Clerk EAL Ordinance No. OO2-2O Page 4 of 4 APPROVED AS TO FORM: rlotte A. Archer, City Attorney SPONSORED BY: Scott Diener, Cou ncilmember PU BLISH ED: EFFECTIVE DATE: March 20,2020 March 25,2020 NOTICE OF CITY OF PORT ORCHARD ORDINANCE The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council meeting held March 10, 2020. ORDINANCE NO. 002-20 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE PORT ORCHARD POLICE DEPARTMENT; REPEALING CHAPTER 2.16 OF THE PORT ORCHARD MUNICIPAL CODE (“POMC”) AND ADOPTING NEW POMC CHAPTER 2.16, AND ESTABLISHING AN EFFECTIVE DATE. Copies of Ordinance No. 002-20 are available for review at the office of the City Clerk of the City of Port Orchard. Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without charge. Thirty days after publication, copies of Ordinance No. 002-20 will be provided at a nominal charge. City of Port Orchard Brandy Rinearson City Clerk Published: Friday, March 20 ,2020