ORDINANCE NO. 12-971

REGULATING LAW ENFORCEMENT, PUBLIC SAFETY AND PHYSICAL SECURITY

WHEREAS, IC 36-5 and IC 36-8 establish the responsibility of the Town Board to appoint and supervise the performance of the police forces of the municipality; and

WHEREAS, it is in the best interest of the Town Board and the Town of Odon that the conduct of all law enforcement and physical security matters be exercised with the highest standards of professionalism, safety, and consistency; and

WHEREAS, the Town Board desires to formally ensure that security procedures within the municipality are consistent with procedures followed by mutually supporting county and state police forces; and

WHEREAS, no previous formal written policy exists to guide the conduct of the security personnel of the town in order to provide a foundation for effective enforcement and most successful prosecution of offenses;

NOW, THEREFORE, BE IT ORDAINED AS FOLLOWS:

Section 1. Scone. This ordinance constitutes the governing instruction for all official activities of any person employed, appointed, or accepted as a volunteer under the authority of the Town of Odon who is involved in physical security or law enforcement matters within the municipality. These personnel include, but are not limited to the following: town marshal; assistant town marshal(s); reserve police forces; neighborhood watch, and any emergency deputized personnel as may be required. The Town Board shall constitute the Board of Public Safety and Board of Supervisors/Appeal (for police matters) in the Town of Odon.

Section 2. Appointment/Compensation. The Town Board shall appoint the town marshal and fix his compensation as per IC 36-5-7-2. The Town Board reserves the right to appoint deputy marshals to themselves by virtue of long practice as permitted per IC 36-5-7-6 and shall fix his compensation. All volunteers such as neighborhood watch and police reserves shall be appointed by the town board. Town Marshals, Assistant Marshals, and Reserve Marshals shall be formally sworn into service by the Town Clerk upon appointment. All volunteers serve with no compensation other than such equipment and reimbursement of expenses as the board deems necessary. Police reserves are, however, covered by town insurance consistent with other marshals while in the performance of their duties and may also apply to the town clerk for reasonable reimbursement/allowance for expenses, particularly including training or uniform items.

Section 3. Termination or Suspension . The Town Board maintains termination or suspension authority over the town marshal. The board delegates dismissal authority of the assistant marshal to the marshal as mandated in IC 36-5-7-6. It is the express policy of the town board that dismissal of the marshal or assistant marshal(s) shall be in strict accordance with IC 36-8-3-4.1, including during the initial six months of service of any regular or reserve police officer. In order to be recognized, dismissal or suspension of any officer must be made in writing with reasons noted and approved before a regular or emergency executive session of the Town Board in all but extreme cases. An extreme case is defined as only one involving clear immediate peril to life or use of the powers of the office to commit a crime.

Section 4. Powers and Duties. All marshals and assistant marshal(s) have equal police duties as specified in IC 36-5-7-4. As chief police official for the town, the full time Town Marshal shall act as senior officer, with the most experienced assistant marshal being senior in the marshal's off duty hours. Unless prevented by emergency response, the Marshal shall participate in the monthly town board meetings to represent the consolidated views of the police force on security issues and to summarize the law enforcement events of the previous month. The Town Board shall exercise overall supervision of the police forces and act as a board of appeal for resolution of any conflicts.

Section 5. Police Reserves. Police reserve officers, to be titled "Reserve Marshal" are established under the provisions of IC 36-8-3-20. Police reserves are strictly volunteers who serve at the pleasure of the town board, but must achieve the following qualifications prior to being sworn into service:

        - Be accepted as a volunteer by the Town Board

        - Successfully complete a certified Indiana training course of 40 hours duration. 

        - Successfully complete certified police fire arms qualifications.

Personnel qualified as indicated and properly sworn into service enjoy equal police powers with any other municipal law enforcement official as per IC 36-8. However, town policy shall be that no police reserve will serve a shift alone prior to completing a minimum of 30 observation shifts with a serving marshal/assistant marshal. At least 15 of these observation shifts must be performed following the reserve's completion of qualifications and being sworn in so that the reserve may be observed and coached in procedure as he/she performs duties under the supervision of a senior marshal/assistant marshal. Volunteers who have successfully completed the 40 hours of formal training yet have not qualified in fire arms may ride for training and observation only in any town police vehicle and will be covered by town insurance as officers in case of injury, but shall not perform the duties of a police officer. The Town Marshal and Assistant Town Marshal(s) shall fully support, coordinate, and assist graduated volunteers in prompt scheduling and completion of fire arms qualifications with area range instructors. Upon firearms qualification, the reserve officer will be sworn into service by the Town Clerk as an Odon Reserve Marshal. Once qualified, reserve marshals may be sworn in and must serve at least two shifts per month to maintain currency. Reserves are allowed to serve more often if desired or requested. In the special circumstance of serving in place of a regular officer due to illness or vacation, the reserve officer is not allowed compensation by law per IC 36-8-3-20, but may be compensated as the town board deems appropriate for time lost from his/her regular employment due to court appearance. Although titled "Reserve Marshal", any reserve marshal shall be junior in authority to any paid full time assistant marshal or marshal on duty during his shift. As volunteers, reserve marshals may resign at any time upon ten calendar days advance written notification to the town board. The Town Marshal or assistant Town Marshal(s) may recommend suspension or dismissal of any reserve marshal by application in writing to the Town Board under the criteria established in IC 36-8-3-4.1.

Section 6. Neighborhood Watch. A Neighborhood Watch program is hereby formally established to enhance the effectiveness of the serving police forces and the physical security of the municipality. It is not the desire of the Town Board that civilians without law enforcement powers be on police patrol or placed in danger by their participation in neighborhood watch. Therefore, the following standard operating procedures are established:

        a. Neighborhood watch members are to be volunteers, accepted only upon confidential application to and approval by a town elected official. The town clerk shall maintain an unpublished list of members which will be restricted in access to town elected officials and active/reserve police forces. Neighborhood watch personnel may ask to be removed from the program at any time, and may be removed by the Town Board upon written recommendation with reasons noted to the board from any police officer or elected town official. The Clerk will notify any member so removed and update the list.

        b. Neighborhood watch members are not under any circumstances to perform patrol duties in any vehicle or on foot unless transported by a serving officer strictly as a required witness. Their function is to be area observers of the community, reporting via telephone upon sighting any suspicious vehicle, pedestrian, or activity within their viewing range. Particular emphasis is to be given to observing unusual activity of obvious strangers around business or residence entrances at odd hours and atypical actions or lack of action in their area.

        c. The town will maintain a cellular telephone specifically for receipt of reports from the neighborhood watch. This telephone will be a turnover item between police officer shifts, and shall be kept on and charged by the/an officer on duty. Neighborhood watch personnel, elected town officials, town employees, and law enforcement officers are to be the only persons allowed access to the cellular phone number. Watch personnel are to use the police cellular telephone in preference to the 911 system except for calls of an extreme emergency nature.

Section 7. Community Security Awareness. Residential and business members of the community are encouraged to survey their property for areas unnecessarily vulnerable to crime. Business owners are urged to make the limited law enforcement resources of the town most effective through the use of sound security measures such as reinforced steel doors, dead bolt locks, alarms, removal of cash and easily assessable goods at night. Home owners are urged to take reasonable precautions of not leaving vehicles unlocked or with keys at night and locking all entranceways when absent. All owners are encouraged to consider lighting for entranceways, alleys, and approaches. Owners desiring a security survey by the town police forces may contact the Town Hall for scheduling.

Section 8. Standard Operating Procedures. The following Standard Operating Procedures (SOP) are in effect for all municipal officers:

        a. Patrol Hours. The Town Marshal shall coordinate patrol hours of all regular officers. Either a Town Board member, Town Marshal, or Assistant Town Marshals) may approve the activation for duty of reserve police forces as desired by verbal or written direction. As volunteers without compensation, reserve forces enjoy a right of declining to activate (except in emergency) as long as minimum shifts are made. The Town Marshal shall ensure that all patrol hours are regularly staggered to provide unpredictable patterns for better security. Procedures for filing of time cards as well as qualification for compensatory time or overtime hours shall be consistent with that of other town employees.

        b. Off Duty Hours/Holidays/Leave/Sickness. Recognizing that the police forces do not benefit from the same freedom to enjoy holidays and leave as do other town employees, the Town Marshal is charged to ensure that each regular officer be scheduled for an equitable share of duty time on weekends and holidays on .an annual basis. This is intended to result in no regular officer serving more weekend shifts than any other over the course of a year, and the Town Clerk shall maintain a running tally of weekend hours served for use by the Marshal in planning future schedules. Allowed sick and regular leave shall be consistent with that allotted to other town employees to the maximum extent possible. Due to the vital requirement to maintain uninterrupted daily security in Odon, only emergency leave or sick leave will be granted without application within a minimum of ten (10) calendar days in advance of the desired first day of leave. Application shall be made to the Town Board in writing via the Town Clerk. During all off duty hours, whether on leave or between shifts, regular or reserve marshals and assistant marshals shall be on call for emergencies but otherwise not required to respond excepting as required to ensure the safety of a fellow officer.

        c. Patrol Procedures.

                1. Routes. Each officer shall endeavor to patrol every street and navigatible public alleyway in the town at least once during his shift. Patrol is to be made in a purposefully random manner and consciously varied in time from shift to shift. Emphasis is to be made on patrolling areas of known potential for crime or particular vulnerability to theft. Stops made at any business or residence except for the purposes of investigation or responding to a complaint must be strictly limited in number and duration to that absolutely necessary for the most effective performance of duty. Officers on duty alone should exercise extreme caution in choosing to leave their vehicle for foot patrol and never do so in isolated areas without notifying the dispatcher. For extra caution, no officer should ever leave his/her vehicle without carrying his personal radio transceiver and preferably the cellular telephone as well.

                2. Riders. Except in clear emergency situations or to facilitate vehicle maintenance, only the following individuals are permitted to ride in or operate a police vehicle: (1) sworn active or reserve officers; (2) accepted reserve officers under training (if accompanied by a sworn officer); (3) paid town employees or elected officials; (4) prisoners under transport; (5) required witnesses as deemed essential by the on duty officer; (6) other personnel who have successfully applied and been approved in writing by the Town Board members for a specific purpose and duration.

           d. Communications. Without fail, each officer will check in with either the town or county police dispatcher prior to beginning his shift, and check out upon completion of the shift. For best security, this check is encouraged to be made via varying methods. No officer shall begin his shift without an operable means of reliable communication from his patrol car (or person when on foot patrol) to the dispatcher. The primary means of communication from the patrol car is intended to be the installed radio. If this primary means becomes inoperable at any time, the officer is required to notify the dispatcher by backup radio or telephone immediately and will maintain patrol only as long as the secondary handheld radio provides reliable two way communications with the dispatcher. If repairs cannot be completed prior to the next shift of that officer or if the backup radio fails as well, the affected patrol car is grounded until repairs can be made. The officer already on duty shall expeditiously transfer to the other patrol car and continue his shift. The cellular telephone is not to be considered a primary means of communication except with the neighborhood watch. Officers should allow calls to defer to the telephone answering system when only when actively engaged in or responding to a complaint, and should check the system as soon as possible to respond to the watch calls. The cellular telephone should remain in the possession of the officer on active duty, remain in the "on" position throughout the shift, in the officer's possession when out of the vehicle if possible, and be turned over to the relieving shift or left in a mutually agreeable secure location for pickup. The telephone may be used for any business related matter as necessary, and is encouraged for use when security from scanners is desired. Officers will scan all commonly used municipal and police frequencies as possible, but will restrict discussion of police business on town fire frequencies to emergencies only. Primary municipal police frequency should be one held in common with the county and state police.

           e. Training. The senior serving Assistant Town Marshal is designated as Training Officer and Police Reserves Coordinator for the force. His duties consist of coordinating all training efforts on the force, including those of regular officer continuing education, firearms qualification/requalification, reserve selection and qualification, reserve training, neighborhood watch orientation, and community security awareness. He will maintain training records for the force, including dates of schools and qualifications and a tally of training shifts for reserves. He will notify the Town Clerk of readiness for swearing in of any individual reserve. As a matter of training policy, it is the express personal responsibility of every individual officer to attain and maintain the following personal areas of readiness: (1) Up to date professional knowledge of applicable state, county, and municipal statues; (2) Up to date knowledge of proper police technical procedure as defined in the adopted applicable Standard Operating Procedures of the Davies County Sheriff's Department, available training, and trade publications; (3) Demonstrated competency in the operation of every item of equipment assigned or owned by the police force, including every individual patrol car and its installed equipment, all fire arms, personal protective gear, and electronic equipment; and (4) Physical fitness appropriate to the demands of law enforcement. Any officer formally notified as being deficient in one or more of these areas shall have a period of ninety days from the date of notification to demonstrate competency or face initiation of suspension from active service.

           f. Physical Fitness. Since work as a police officer results in inevitable stress and exertion in the job, every active officer must demonstrate and maintain an acceptable standard of physical readiness sufficient to meet any expected demand. All active and reserve officers must submit to and pass a general physical at town expense by a board certified physician once every two years beginning in calendar year 1997 to certify that no physical condition exists that would prevent readiness for full service. Each officer is expected to maintain his or her own exercise regimen and is expected to present a generally fit appearance.

           g. Fairness/Courtesy. All regular and reserve officers shall be courteous and use respectful salutations when speaking or interacting with others. Officers shall be as tactful as possible in the performance of their duties, shall control their temperament, and exercise utmost patience and discretion. Officers shall not engage in argumentative discussions even in the face of extreme provocation, and shall not use coarse, violent, profane, or insolent language. Officers shall not discriminate or express any favoritism or prejudice in the performance of their duties concerning race, sex, age, disability, politics, national origin, life-style, position, relation, or similar personal characteristics. In the performance of all phases of departmental work, a positive, impartial, and professional attitude must de displayed. Personal involvement in cases should not be indicated other than necessary to successfully carry out the police mission. However, officers must demonstrate a concern to help and to resolve the problem or conflict in a legal, fair, and equitable manner. Impartial attitudes are of special importance in the following matters: (1) court appearance, verdicts, and procedures; (2) labor-management disputes; (3) neighborhood disturbances; (4) racial problems; (5) accident investigations; (6) family disturbances; and (7) crimes against persons.

           h. Procedural/Technical Matters. For consistency with area law enforcement and best professional practice, no attempt is made in this Ordinance to address other than general and administrative matters. Instead, all matters not already addressed in the areas above, as well as all aspects of investigation, pursuit, apprehension, use of force, prosecution, and other procedures shall be conducted in a manner conforming to the relevant Standard Operating Procedures (SOP) of the Davies County Sheriffs Office in effect currently or as modified in the future. All regular and reserve officers are responsible to maintain familiarity with the applicable procedures. Any areas in question should be submitted to the Town Board for resolution in a timely fashion. This Ordinance shall take precedence for policy in conflicting areas.

Section 9. Application and Execution . This Ordinance shall be in force and effect from and after its passage by the town Board. Upon being effective as herein set forth, this Ordinance shall immediately govern the actions of all present and future police forces within the authority of the Town Board and supercede any previous habitual, verbal or resolved policy.

PASSED this 17th day of February 1997

Ralph Quarles, President

Ron Bell, Member

Richard Cottrell, Member

Attest: Opal McDannald, Clerk-Treasurer