2014-32

ORDINANCE AMENDING ORDINANCE 2000-130 REGARDING SECTION 137.14 OF THE MARION CITY CODE “RESERVE UNIT”, AND DECLARING AN EMERGENCY

 

WHEREAS, the Council finds it necessary to amend Ordinance 2000-130 regarding Marion City Code, “Reserve Unit”, in order to update the laws as to more current times,

 

            BE IT ORDAINED by the Council of Marion, Marion County, Ohio:

 

            Section 1.   Marion City Code CHAPTER 137.14:  “RESERVE UNIT”; now reading in certain sub-paragraphs:

 

 

 

§ 137.14  RESERVE UNIT.

 

 

 

(B)  Membership.

 

 

 

              (1)   The membership shall be limited to a number to be determined by the Chief of Police and approved by the Director of Public Safety/Service. Each member of the Reserve shall make application on a form prescribed by the Chief of Police and only thereafter shall be considered a member of this volunteer unit.  In order to be eligible to make application, the person must already be employed within the City of Marion Police Department in some capacity, other than a full-time sworn officer.  Additional qualifications may be required as the Chief of Police sees fit.

 

 

 

              (4)   In order to continue to be a member of the Reserve Unit, each member shall remain as an active member by performing at least 20 hours of volunteer service per month.  Less than this minimum shall be cause for removal from the unit immediately at the sale discretion of the Chief of Police.  A member may request to be placed on temporary inactive status due to business or personal reasons.  The request must be made in writing and approved by the Chief of Police.

 

 

 

              (7)   The Director of Law may defend any Reserve member in any claim or suit arising out of or in the course of the duties of the office held by law.  The Director of Law shall not be obligated to defend any Reserve member, and the City of Marion shall not indemnify any judgment in any of the following instances: a) actions filed under federal civil rights statutes; b) action field for any criminal misconduct; c) action filed which, in the opinion of the Law Director do not arise as the result of the duties imposed in the furtherance of duties as is required by law, the office was not attempting to discharge his/her official duties when the claim arose or was not acting in good faith; d) actions filed wherein any member of the Reserve directs, in writing by certified mail, to the Office of the Director of Law not to intervene on his/her behalf prior to the answer day, however if the Director of Law determines the City is best served by intervention, then he shall have such discretion; e) actions filed pertaining to discipline in any case.  The City shall not defend or indemnify any member of the Reserve Unit where notice of the litigation is not given by actual service to the office of the Law Director at least seven (7) days prior to the answer date.

 

 

 

       (E) Use of Force and Firearm Qualification.

 

 

 

              (2)  Each member shall annually qualify with departmental issued firearms in the same manner as sworn full-time officers in accordance with the Departments policies.

 

 

 

shall be amended to read as follows:

 

 

 

(B)  Membership.

 

 

 

              (1)   The membership shall be limited to a number to be determined by the Chief of Police and approved by the Director of Public Safety/Service. Each member of the Reserve shall make application on a form prescribed by the Chief of Police and only thereafter shall be considered a member of this volunteer unit.  In order to be eligible to make application, the person must already be employed within the City of Marion Police Department in some capacity, other than a full-time sworn officer. Be Ohio Police Officer’s Training Academy certified. All reserve officers must be approved the Chief of Police.  Additional qualifications may be required as the Chief of Police sees fit.

 

 

 

              (4)   In order to continue to be a member of the Reserve Unit, each member shall remain as an active member by performing at least 20 hours the number of hours of volunteer service per month as determined by the Chief of Police.  Less than the minimum determined shall be cause for removal from the unit immediately at the sole discretion of the Chief of Police.  A member may request to be placed on temporary inactive status due to business or personal reasons.  The request must be made in writing and approved by the Chief of Police.

 

 

 

              (7)   The Director of Law may defend any Reserve member in any claim or suit arising out of or in the course of the duties of the office held by law.  The Director of Law shall not be obligated to defend any Reserve member, and the City of Marion shall not indemnify any judgment in any of the following instances: a) actions filed under federal civil rights statutes; b) action field for any criminal misconduct; c) action filed which, in the opinion of the Law Director do not arise as the result of the duties imposed in the furtherance of duties as is required by law, the Reserve Member was not attempting to discharge his/her official duties when the claim arose or was not acting in good faith; d) actions filed wherein any member of the Reserve directs, in writing by certified mail, to the Office of the Director of Law not to intervene on his/her behalf prior to the answer day, however if the Director of Law determines the City is best served by intervention, then he shall have such discretion; e) actions filed pertaining to discipline in any case.  The City shall not defend or indemnify any member of the Reserve Unit where notice of the litigation is not given by actual service to the office of the Law Director at least seven (7) days prior to the answer date.

 

 

 

       (E) Use of Force and Firearm Qualification.

 

 

 

              (2)  Each member shall annually qualify with departmental issued firearms or similar personal firearms as approved by the Chief of Police in the same manner as sworn full-time officers in accordance with the Departments policies.

 

 

 

Section 2.          That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, given the immediate need to implement retired police officers before they lose their OPOTA status; and shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of all members elected by council; otherwise, it shall be effective from and after the earliest period allowed by law.

 

 

 

 

 

                                                                 ___________________________________

 

                                                                 Dave Edwards

 

                                                                 President of Council

 

Approved:

 

 

 

 

 

______________________________

 

Mayor Scott Schertzer

 

 

 

 

 

Attest:

 

 

 

 

 

_____________________________

 

Clerk of Council