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Ord. 2013-33 - reaffirmation of legitimacy of Police Department - 7-137/16/2013Agenda Item: / Item/Subject: Consider amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 26 “Law Enforcement” reaffirming the existence of the Police Department; and making other provisions and findings thereto; and declaring an effective date. Initiating Department/Presenter: Public Safety Presenter: Kevin Lunsford, Director of Public Safety Recommended Motion: Approve Ordinance 2013-?? amending the City of Huntsville, Texas Code of Ordinances, specifically Chapter 26 “Law Enforcement” reaffirming the existence of the Police Department; and making other provisions and findings thereto; and declaring an effective date.   Strategic Initiative: Strategic Initiative #4 - Huntsville is a well-managed, sustainable community that values its natural resources and provides exceptional public services. Discussion: The Texas Best Practices Recognition Program is a voluntary process where police agencies in Texas prove their compliance with 164 Texas Law Enforcement Best Practices. These Best Practices were carefully developed by Texas Law Enforcement professionals to assist agencies in the efficient and effective delivery of service, the reduction of risk and the protection of individual’s rights. While similar in nature to the national accreditation program, the Best Practices Recognition Program is easier to administer, lower in cost and is designed specifically for Texas Law Enforcement. The Texas Legislature demands a great deal of professional law enforcement in Texas and the Best Practices were specifically designed to aid Texas agencies in meeting those demands and providing the best quality of service to the people of our State. Since its inception in 2006, over 50 of the nearly 800 police departments in Texas have been Recognized and many more are currently in the process to become Recognized Agencies. An agency that has been awarded “Recognized” status has undertaken a careful internal review of its policies, procedures, equipment, facilities, and operations. The agency then submits proof of their compliance with the 164 standards to independent assessors. After an independent review of their written documents and proofs, a team of assessors is sent to the agency to review their operations and facilities, and to interview the Department’s staff. A Final Report outlining the findings is sent to the Recognition Committee. The Committee reviews the findings and votes whether or not to award “Recognized” status. In 2011 the Huntsville Police Department began the two-year process of becoming a “Recognized” agency through the Texas Best Practices Recognition Program. We are nearing the point of inviting the independent assessors for our on-site review. One of the 164 compliance conditions requires that we have written documentation from a unit of government that authorizes the existence of our agency and defines its jurisdictional boundaries. Huntsville’s original charter in 1845 under the Republic of Texas speaks to the regulation of police and the preservation of order. There is also documentation, in a later charter in 1852 under the State of Texas, of the Town of Huntsville having the power to appoint patrols. Our current charter, however, does not specifically deal with the existence of our agency; neither does a search in the archives of old ordinances produce any results. This amendment will reaffirm the prior establishment of, and provisions for, our agency as has been the intent since Huntsville was founded in 1845 and would satisfy the requirements of the Best Practices Program.   Discussion: The Texas Best Practices Recognition Program is a voluntary process where police agencies in Texas prove their compliance with 164 Texas Law Enforcement Best Practices. These Best Practices were carefully developed by Texas Law Enforcement professionals to assist agencies in the efficient and effective delivery of service, the reduction of risk and the protection of individual’s rights. While similar in nature to the national accreditation program, the Best Practices Recognition Program is easier to administer, lower in cost and is designed specifically for Texas Law Enforcement. The Texas Legislature demands a great deal of professional law enforcement in Texas and the Best Practices were specifically designed to aid Texas agencies in meeting those demands and providing the best quality of service to the people of our State. Since its inception in 2006, over 50 of the nearly 800 police departments in Texas have been Recognized and many more are currently in the process to become Recognized Agencies. An agency that has been awarded “Recognized” status has undertaken a careful internal review of its policies, procedures, equipment, facilities, and operations. The agency then submits proof of their compliance with the 164 standards to independent assessors. After an independent review of their written documents and proofs, a team of assessors is sent to the agency to review their operations and facilities, and to interview the Department’s staff. A Final Report outlining the findings is sent to the Recognition Committee. The Committee reviews the findings and votes whether or not to award “Recognized” status. In 2011 the Huntsville Police Department began the two-year process of becoming a “Recognized” agency through the Texas Best Practices Recognition Program. We are nearing the point of inviting the independent assessors for our on-site review. One of the 164 compliance conditions requires that we have written documentation from a unit of government that authorizes the existence of our agency and defines its jurisdictional boundaries. Huntsville’s original charter in 1845 under the Republic of Texas speaks to the regulation of police and the preservation of order. There is also documentation, in a later charter in 1852 under the State of Texas, of the Town of Huntsville having the power to appoint patrols. Our current charter, however, does not specifically deal with the existence of our agency; neither does a search in the archives of old ordinances produce any results. This amendment will reaffirm the prior establishment of, and provisions for, our agency as has been the intent since Huntsville was founded in 1845 and would satisfy the requirements of the Best Practices Program.   Previous Council Action: N/A   Financial Implications: ☒There is no financial impact associated with this item. ☐Item is budgeted: In the amount of $ ☐Item is not budgeted: ☐Item is estimated to generate additional revenue:  Approvals: ☒City Attorney ☐Director of Finance ☒City Manager Associated Information: Ordinance 2013- ?? (pages 3-5) Exhibit “A” – Proposed Code language (pages 6-7)   ORDINANCE NO. 2013-?? AN ORDINANCE AMENDING THE CITY OF HUNTSVILLE, TEXAS CODE OF ORDINANCES, SPECIFICALLY CHAPTER 26 “LAW ENFORCEMENT”; MAKING OTHER PROVISIONS AND FINDINGS THERETO; AND DELCARING AN EFFECTIVE DATE. WHEREAS, There is documentation of the regulation of police and the preservation of order dating back to the incorporation of the Town of Huntsville in 1845 as a town in the Republic of Texas, and WHEREAS, There is documentation of the Town of Huntsville having the power to appoint patrols dating back to the incorporation of the Town of Huntsville in 1852 as a town in the State of Texas, and WHEREAS, the City Charter was adopted in 1968 and Article III, Section 3.01 of the Charter stated that the City had the powers enumerated in Article 1175 of the Texas Revised Civil Statutes (1925), 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 currently authorizes home rule cities to provide for a Police Department, and WHEREAS, the City of Huntsville 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 Huntsville, Texas now wishes to amend Chapter 26 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 WHEREAS, notice of the agenda for this meeting, was given in accordance with law by posting the same at the place reserved and designated for notices of public meetings and public activities and prior to the adoption of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF HUNTSVILLE, TEXAS: SECTION 1: 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 2: Huntsville Code of Ordinances Chapter 26 “LAW ENFORCEMENT” is hereby amended by adding sections 26-1 through 26-4 to Article I, said sections that are being adopted are attached hereto as Exhibit “A”. SECTION 3: 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 4: 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 5: This Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Article 4.14 of the Charter of the City of Huntsville, Texas. [SIGNATURE PAGE TO FOLLOW] First Reading Date: __________________ PASSED AND APPROVED on the Second Reading on this the ____th day of ____________ 2013. THE CITY OF HUNTSVILLE _________________________________ __ Mac Woodward, Mayor ATTEST: APPROVED AS TO FORM: ___________________________ ___________________________ Lee Woodward, City Secretary Leonard Schneider, City Attorney Exhibit “A” Chapter 26- Law Enforcement ARTICLE I.- IN GENERAL Sec. 26-1. - Police Department The Police Department of the City of Huntsville, 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. 26-2. -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. Sec. 26-3. -Chief of Police. The Police Department of the City has and shall consist of the Chief of Police and such members as the City Council may provide. The Chief of Police has been and shall be appointed by the City Manager. 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 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 subject to state law, the City Charter and City personnel policies. Sec. 26-4. -Authority and Duties of Police Officers. It is reaffirmed that individual officers constituting the City of Huntsville 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. 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 subject to state law, the City Charter and City personnel policy. Secs. 26-4 ----26.18. – Reserved.