Loading...
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. -2- 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. i 0 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.