TC Ord. No. 1979-04b 0
ORDINANCE NO. 79-4
SERIES OF 1979
AN ORDINANCE ESTABLISHING A POLICE DEPARTMENT FOR THE TOWN OF
AVON; DEFINING THE DUTIES AND RESPONSIBILITIES OF THE POLICE
DEPARTMENT AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS
AND RESPONSIBILITIES OF THE CHIEF OF THE DEPARTMENT; PROVIDING
FOR AN OATH OF OFFICE OF THE MEMBERS OF THE POLICE DEPARTMENT,
AND SETTING FORTH VARIOUS OTHER PROVISIONS RELATED THERETO.
WHEREAS, the preservation of the public peace, order,
safety and dignity within the Town of Avon is both a major
priority and constitutional mandate of the Town Council of
the Town of Avon, and
WHEREAS, the Mayor of the Town of Avon, as chief exec-
utive and administrative officer of the Town of Avon has pre-
viously recommended and hereby further recommends the establish-
ment of a Police Department for the Town of Avon, and
WHEREAS, the Town Council of the Town of Avon has deter-
mined and hereby declares that the Town is in need of the ser-
vices to be provided by the Police Department of the Town of
Avon and that such need is likely to continue to exist into the
future,
NOW, THEREFORE, be it ordained by the Town Council of
the Town of Avon, Colorado, that:
Section 1. Establishment of Department. There is hereby
created and established a Police Department of the Town of Avon,
Colorado, which shall be known and referred to as "The Avon Police
Department". The Department shall consist of the Chief of Police
who shall be the supervisor and head of the Department, and such
other personnel as the Town Council may authorize by resolution
or ordinance. The Police Department is specifically established
pursuant to the provisions of the Town Charter for the Town of
Avon, Colorado, and the relevant provisions thereof, including
Section 8.8.
Section 2. Duties of the Police Department. The Police
Department collectively and the individual sworn officers,
including the Chief of Police, who are the personnel thereof
are hereby authorized and instructed:
a. to enforce the laws and ordinances of the Town of Avon
and the State of Colorado, employing their powers as "Peace Officers"
as defined in Colorado Revised Statutes, 1973, 18-1-901(3)(1), as
amended, and the powers and duties granted by the Constitution
of the United States of America, the Constitution of the State of
Colorado and this Ordinance.
b. to maintain the public peace, order, safety and
dignity within the Town of Avon, Colorado.
C. to perform such other acts, functions and duties as may
be authorized by the Town Council, the Mayor or the Town Manager
pursuant to the Charter for the Town of Avon, Colorado.
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Section 3. Duties of the Chief of Police. The following
acts shall be performed as necessary by the Chief of Police and
by others designated by him, subject and pursuant to the approval
of the Town Council, which approval may be granted in the form
of a resolution of ordinance by the Town Council:
a. Purchase and sell, lease, rent and otherwise acquire
certain items and pieces of equipment for which a need exists.
b. Hire and terminate certain employees and recommend to
the Town Council the salary and other compensation to be paid to
employees of the Police Department.
C. Pursuant to the provisions of Section 16.2 of the Town
Charter for the Town of Avon, Colorado, if applicable, negotiate
with others regarding the provision of certain services to the
Town of Avon and to its Police Department.
d. Conduct certain studies and investigations, the purpose
of which is to provide information and recommendations to
administrative departments and the Town Council of the Town of
Avon.
e. Author and draft such additional rules, regulations and
procedures as may be required for the proper operation of the
Police Department.
Section 4. Personnel Merit System. At such time as the
Personnel Merit System is created and enacted and the Personnel
Merit Commission is established by the Town Council, the Police
Department shall be subject to such Personnel Merit System and
the provisions thereof, pursuant to the provisions of Chapter
IX of the Town Charter for the Town of Avon, Colorado.
Section 5. Oath of Office. Every police officer of the
Town of Avon, before entering upon the duties of his office,
shall take an oath or affirmation of office, that he will sup-
port the Constitution and the laws of the United States and of
the State of Colorado, and the Charter and the ordinances for
the Town of Avon, and that he will faithfully perform the duties
of the office which he is about to enter.
Section 6. Saving Clause. If any part, section, sub-
section, sentence, clause or phrase of this Ordinance or any
additional procedures, rules or regulations adopted hereunder
are for any reason held to be invalid, such decision shall not
affect the validity of the remaining sections of this Ordinance
or any additional procedures, rules or regulations adopted
hereunder; the Town Council hereby declares that it would have
passed this Ordinance and adopted those procedures, rules and
regulations hereunder in each part, section, subsection, sentence,
clause and phrase thereof, irrespective of the fact that any
one or more parts, sections, subsections, sentences, clauses
or phrases or any procedures, rules or regulations adopted
hereunder be declared to be invalid.
Section 7. Safety Clause. The Town Council hereby
finds, determines and declares that this ordinance is necessary
for the preservation of the public health, peace, welfare and
safety.
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INTRODUCED, PASSED,_ READ, APPROVED AND ORDERED PUBLISHED THIS
49 DAY OF ~ , 19 7 9
ATTEST:
'
64AX
Carol Richards,
Acting Town Clerk
TOWN OF AVON.
By: r1ji
U
Ang o V. Alpi, Mayor
INTRODUCED; :PASSED, _ j, READ ADOPTED AND ORDERED PUBLISHED THIS
o17~ DAY OF~ r 1979.
ATTEST:
Carol Richards
Acting Town Clerk
TOWN OF AVON
By:
Angelo V. A pi,
Mayor
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN OF a public hearing before the Town
Council of the Town of Avon, Colorado, at 7:30 P.M. on the 27th
day of March, 1979, at the Town Hall for the purpose of considering
the adoption of an ORDINACE ESTABLISHING A POLICE DEPARTMENT FOR THE
TOWN OF AVON: DEFINING THE DUTIES AND RESPONSIBILITIES OF THE POLICE
DEPARTMENT AND ITS PERSONNEL, INCLUDING THE DUTIES, FUNCTIONS AND
RESPONSIBILITIES OF THE CHIEF OF THE DEPARTMENT: PROVIDING FOR AN
OATH OF OFFICE OF THE MEMBERS OF THE POLICE DEPARTMENT AND SETTING
FORTH VARIOUS OTHER PROVISIONS RELATED THERETO.
A copy of said Ordinance is attached hereto and is also on file
at the office of the Town Clerk and may be inspected during regular
business hours.
Following this hearing, the Council may consider final passage
of this Ordinance.
This meeting is open to the general public.
This notice given and published by order of the Town Council of
the Town of Avon.
Dated this 14th day of March, 1979
TOWN OF AVON, COLORADO
By order of the Town Council
By//
r1/ / - "-4' -~'r Mayor
Posted at the following public places within the Town of Avon on
March 14, 1979, at:
The Northeast side of the Benchmark Shopping
Center (Avon Post Office)
The main entrance Eagle V!lley Bowl
The Pester Gas Station; and
The Town Office, Second Floor, Benchmark Shopping Center
Tairn of ~Ilvn
Fast (office ?Box P
ban, Qlalcrnbo 81620
(303) 949.4280
Avon Police Department
Chief David Martinez
Police Officer's Benefit Package
WORK HOURS AND EXTRA DUTY COMPENSATION
The normal work week for each officer will be 40 hours, which will
not include a one hour meal period during each tour of duty.
OVERTIME AND COMP TIME
In emergencies and unusual circumstances, an officer may be required
to work overtime.
The officer will be compensated for his overtime hours in compensatory
time. The officer will be allowed to accumulate up to 60 hours compensatory
time. Any mandatory training which falls on an officer's day off cannot
be compensated because that is part of an officer's duty.
Use of any compensatory time an officer has accumulated must be approved
by the Chief in advance, who will grant the time off according to manpower
needs. Court time is not overtime, so do not set court for your days off.
The Chief can compensate,if too much court time is involved.
ANNUAL VACATION LEAVE
All full time officers with up to 5 years of service will accrue
12 days or 96 hours of annual leave per year. The annual leave will
accumulate 1 day per month. The accrual period will be during the calendar
year of January 1 to December 31. An officer will accrue 1 day a month
during the calendar year and will be eligible for that vacation the following
year between January 1 and December 31. Therefore, if an employee has had
only 6 months service in the preceeding year, he will be eligible for 6
days annual leave the following year.
No accumulated vacation pay will be compensated to an employee by
the Town if he is terminated at his own or the Town's request prior to
one year's full time service.
I
Police Officer's Benefit Package
Page Two
HOLIDAYS
Each officer will receive 11 paid holidays per year as per the Town
of Avon employee policy.
Due to the demands for police service on all hours and days of the
year, especially those holidays which arise, it is not feasible for each
officer to take off on the holiday as they come up during the year.
Therefore, each officer will be allowed to take a 2 week holiday leave
using 10 of the 11 holidays sometime during the calendar year that he is
working for the Town. The 11th holiday will be used as a floating holiday
to be taken at the employee's request and the prior approval of the Chief.
SICK LEAVE
Full time officers shall accrue sick leave at the rate of 8 hours for
each month of service.
Sick leave shall be used when an employee is ill or incapacitated
for work or for medical or dental appointments. Permanent full time em-
ployees may accumulate sick leave for as long as they are working for the
Town of Avon. Sick leave is not paid upon termination with the Town.
Under special circumstances, if an employee should need extended sick
leave (beyond the amount accrued to date), sick leave days may be borrowed
against future accumulation. However, the employee must repay the leave
taken by accruing an equal number of unused sick days. If employment is
terminated prior to repayment of sick days taken, the outstanding days
shall be withheld from any wages due.
If an officer has reason to be sick, he must notify the shift sup-
ervisor two hours prior to the start of his duty.
EMERGENCY LEAVE
In the event of death or serious accident involving an officer's
immediate family, he may be allowed up to 5 days emergency leave (with
pay if approved by the Chief of Police).
Police Officer's Benefit Package
Page Three
HEALTH INSURANCE
Complete health and hospitalization insurance for the full time
individual officer:' Refer to Prudential Health Insurance Program for
details.
LIFE INSURANCE
$10,000.00 per officer.
MONTHLY UNIFORM ALLOWANCE
$100.00 per month for each month of service. !$480.00 will be advanced
to new employees for purchase of their uniform shirts, pants, jacket and
shoes, then $60.00 per month will be paid for uniform allowance during
the first 12 months. The Chief will order and payfor this and give
officer the balance.,
EQUIPMENT
All other equipment other than uniforms will be provided by the Town.
POLICE PENSION
Each employee will be covered by the State Police Pension Program.
DISABILITY INSURANCE
As provided under the State Pension and Disability Program..
PHYSICAL EXAMINATION
Each new police officer will be,required
ination upon the start of his employment with
the month of the employee's anniversary date.
provided by the Town of Avon unless the offic,
physician at his own expense.
to take a physical exam-
the Town and each year in
This examination will be
er chooses to use his own
t .
4
Police Officer's Benefit Package
Page Four
PROBATION TIME
Each officer will be on a probation period for 6 months from the start
of his employment. During his probationary period, he can be removed by
the Chief of Police without appeal through the Personnel Board of the
Town of Avon.