There is hereby created and established a police department for the city. The office of marshal is abolished and all the duties and authority of said office are hereby conferred upon the chief of police who shall hereafter be the chief police officer of the city.
(1995 Code, sec. 12-1)
The police department of the city shall consist of one chief of police and such additional police officers as the city council may from time to time deem necessary and proper. The chief of police who shall be appointed by the city administrator with approval of the city council, and all police officers, who shall be appointed by the chief of police with approval of the city council, shall hold such position at the pleasure of the city council, and shall receive such compensation as the city council may from time to time determine.
(1995 Code, sec. 12-2)
The chief of police and all police officers shall be persons possessing all of the qualifications prescribed from time to time by the city council, meeting the minimum standards prescribed by state law.
(1995 Code, sec. 12-3)
The chief of police and all police officers appointed to the police department shall take and prescribe to the official oath required by the constitution of the state, and shall give surety bond for faithful performance of duties, payable to the city, as the city council may require.
(1995 Code, sec. 12-4)
The chief of police and each police officer appointed to the police department shall have and exercise all the rights, privileges, authority and duties of a peace officer conferred by the laws of the state and the Code of Ordinances of the city. After taking and subscribing to the oath of office and giving bond as provided for herein, a commission shall be issued to the chief of police or each police officer appointed to the police department in the following form:
CITY OF WILMER, TEXAS
I,_____, Mayor of the City of Wilmer, Texas, reposing confidence in the ability, integrity, fidelity and loyalty of _____, do hereby, upon authority of the City Council of the City of Wilmer, Texas, appoint the said _____, as _____ in and for said City of Wilmer, Texas, with all rights, privileges, authority and duties of a Peace Officer conferred by the laws of the State of Texas and the Code of Ordinances of the City of Wilmer, Texas.
EXECUTED this the _____ day of _____, 20 _____.
__________________________
MAYOR, City of Wilmer, Texas
ATTEST:
__________________________
CITY SECRETARY
(1995 Code, sec. 12-5)
The appointment of a chief of police or any police officer shall be made and entered upon the minutes of the city council at any regular or special meeting of said city council and the commission issued to such chief of police or police officer shall become effective after the same has been signed by the mayor, and such appointment has been entered in the minutes.
(1995 Code, sec. 12-6)
The chief of police shall be the chief police officer of the city and shall operate directly under the city administrator and the city council. The chief of police shall have like powers with the sheriff of the county to execute search warrants or other writs. He shall be active in quelling riots, disorders and disturbances of the peace and violations of every kind within the limits of the city, and shall take into custody all persons thus offending, and may take good and sufficient bail for appearances before the municipal court of any person charged with an offense which the municipal court has jurisdiction to try. In the prevention and suppression of crime and in the arrest of offenders, he shall have the same powers as the sheriff of a county under the laws of the state. He shall perform such other duties and have such other powers as the governing body may by resolution or ordinance require or confer, or as may be prescribed by state law. It shall be the duty of any police officer to be obedient to the orders of the city council, mayor and chief of police, and all police officers shall have all of the rights, privileges, authority and duties of a “peace officer” as are conferred by the laws of the state.
(1995 Code, sec. 12-7)
Every member of the police department shall have authority to execute warrants of arrest or other processes issued out of the municipal court of the city.
(1995 Code, sec. 12-8)
There is hereby established a police reserve force to be known as the Wilmer Police Reserve.
(1995 Code, sec. 12-16)
The police reserve shall be composed of personnel who have volunteered to join the reserve force, have been appointed as a member by the chief of police and approved by the city council.
(1995 Code, sec. 12-17)
Members of the police reserve shall function under the direction and control of the chief of police and shall serve as peace officers during actual discharge of official duties. The chief of police may terminate such membership at any time, with or without cause, at his sole discretion. Any member wishing to resign from the organization shall tender his resignation to the chief of police and surrender his I.D. card, badge, uniform and any personal property in his possession which belongs to the city.
(1995 Code, sec. 12-18)
The chief of police shall prescribe an application form for membership which shall include a place for a complete set of fingerprints of the applicant. Members shall be appointed from a list of eligibles meeting the minimum physical, mental, educational, and moral standards established by the commission of law enforcement officer standards and education. The application shall state the residence of the applicant. Each applicant shall reside within a twenty (20) mile radius of the city. He shall furnish three (3) references and attach letters of recommendation from said references to the application. Each person whose name is on the list of eligibles shall subscribe to an oath that he will observe and obey the constitution of the United States, the constitution of this state, and the laws of this nation, this state and this city, and that he will carry out the duties of a member of the police reserve force of this city to the best of his ability. Other qualifications for eligibility shall be in accordance with chapter 1701, V.T.C.A. Occupations Code.
(1995 Code, sec. 12-19)
Prior to performing any duties as a reserve police officer, each reserve police applicant shall receive training from the police department in accordance with the requirements of the state commission on law enforcement officer standards and education and shall apply for certification by said commission as a reserve police officer. The names of reserve police applicants who have received certification from the state commission on law enforcement officer standards and education shall be submitted to the city council by resolution. Upon approval by the city council, a reserve police officer commission may be issued to each approved police reserve applicant. The cost of any such training may be paid by the city.
(1995 Code, sec. 12-20)
Members of the police reserve force may serve without compensation but the governing body may provide uniform compensation for members of the police reserve force. Compensation if fixed by the council shall be based solely upon time served by a member of the police reserve force while in training for, or in the performance of, official duties. The city may provide hospital and medical assistance to a member of the police reserve force who sustains injury in the course of performing official duties in the same manner as provided by the city for a full-time police officer. Nothing in this article shall be construed to authorize or permit a member of the police reserve force to become eligible for participation in any pension fund created pursuant to state statute to which regular officers may become a member by payroll deductions or otherwise.
(1995 Code, sec. 12-21)
An identification card and such other insignia or evidence of identity as the chief may prescribe shall be issued to each member, who must carry the card and other identification at all times while on duty, and he must surrender them upon the termination of his membership.
(1995 Code, sec. 12-22)
The chief of police may by order diminish or expand the membership of the police reserve as emergency may require. All commissions shall expire automatically at midnight on the 31st day of December of any year. A renewal of said commission for any next ensuing year may be had by filing an application for same. Said application shall consist of a postcard properly filled out by the applicant, giving his full name and address and the number of his existing commission. This application shall be filed with the chief of police and approved through the city council.
(1995 Code, sec. 12-23)
The chief of police shall prescribe the uniform and badges for the members of the police reserve force and direct the manner in which the same shall be worn. The city council may authorize payment for such uniforms by the city.
(1995 Code, sec. 12-24)
Members of the police reserve force shall serve at the discretion of the chief of police and may be called into service at any time the chief of police considers it necessary to have additional officers to preserve the peace and enforce the law. The chief of police may establish rules and regulations to govern the police reserve force and may direct members of the police reserve to obey the instructions of regular police officers. Reserve police officers shall act only in a supplementary capacity to the regular police force and shall in no case assume the full-time duties of regular police officers without first complying with all requirements for such regular police officers.
(1995 Code, sec. 12-25)
No person appointed to the police reserve force may carry a weapon or otherwise act as a peace officer until he has been approved by the city council. After approval, he may carry a weapon only when authorized by the chief of police, and when discharging official duties as a duly constituted peace officer.
(1995 Code, sec. 12-26)
It shall be unlawful for any person other than a duly authorized police reserve officer, to wear a police reserve uniform or badge or to display or carry a police reserve badge or identification card or otherwise represent himself to be a member of the police reserve force.
(1995 Code, sec. 12-27)