1907Date: 1/27/00 Time: 9:38,22 AM Page 2 of 6
Frei ;' David C Peeples To~ Tracy Gatt
ORDINANCE NO. ~ O 7
AN ORDINANCE 'TO ES'T'ABLISH THE AUXILIARY LAW
ENFORCEMENT PROGRAM WITHIN THE WEST MEMPHIS POLICE
DEPARTMENT, AUTHORIZING THE APPOINTMENT OF AUXILIARY
LAW ENFORCEMENT OFFICERS, ESTABLISHING STANDARDS AND
TRAINING, AND FOR OTHER PURPOSES.
WHEREAS, A.C.A. 12-9-301, et seq, authorizes political subdivisions of the State of
Arkansas to appoint auxiliary law enforcement officers, defines the authority of such officers and
requires that such officers meet the minimum standards for appointment and training as required by
the Arkansas Commission on Law Enforcement Standards and Training; and
WHEREAS, the Police Commission of the City of West Memphis has considered and
recommended the appointment of auxiliary law enforcement officers to assist the West Memphis
Police Department as authorized by A.C.A. 12-9-301, et seq.; and
WHEREAS, the West Memphis City Council has determined that it is in the best interest of
the West Memphis Police Department, the City of West Memphis and the oitizens of West Memphis
that an auxiliary law enforcement program be established within the Wcst Memphis Police
Department;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WES'T' MEMPHIS, ARKANSAS, THAT:
SECTION 1. There is hereby established the Auxiliary Law F,nforcemcnt Offtcer program
within the West Memphis Police Department pursuant to the authority of A.C.A. 12-9-301, et seq.
SECTION 2. As used in this ordinance, unless the context otherwise requires:
(1) "Law enforcement officer" means any appointed law enforcement officer or sheriff who is
responsible for the prevention and detection of crime and the enforcement of the criminal, traffic, or
highway laws of this state;
(2) "Auxiliary law enforcement officer" means a person who meets the minimum standards
Date. 1/77/00 Tirne 9389? AM
Fi rrri: David C Peeples To Trary Caft
and training requirements prescribed for such officers by law and regulations, and who is appointed by
the City of West Memphis or the West Memphis Police Department as a reserve officer, volunteer
officer, or mounted patrol, but does not include any officer or deputy sheriff employed by a planned
cotmnunity property owners' association;
(3) "Corrunission" means the Arkansas Coimnission on Law 1Jnforcement Standards and
Training as established by A.C.A. § 12-9-103;
(4) "Direct supervision" means having a designated on-duty, full-time certified law
enforcement officer responsible for the direction, conduct, and performance of the auxiliary law
enforcement officer when that auxiliary law enforcement officer is working an assigned duty, but does
not mean that the full-time certified law enforcement officer must be in the physical presence of the
auxiliary law enforcement officer when the auxiliary officer is working an assigned duty.
SEC'TIUN 3. (a) No person shall be appointed as an auxiliary law enforcement officer until
the minimum standards for appointment and training requirements as established by the commission
have been completed. Any auxiliary law enforcement officer who has not met these requirements shall
have no law enforcement authority except that which is authorized for a private citizen.
(b) It shall be the responsibility of the West Memphis Police Department to provide or have
provided not less than one hundred (100) hours ofcommission-approved law enforcement training,
which will include a firearms qualification course equivalent to the firearms qualification
requirements for afull-time law enforcement officer, and no auxiliary law enforcement officer shall
bear arms until having successfully completed the training.
(c} Nothing herein shall be construed to preclude the West Memphis Police Department from
establishing qualifications and standards for appointing and training of auxiliary law enforcement
officers that exceed those set by this ordinance or by the conunission.
(d) Any auxiliary law enforcement officer failing to meet the training requirements as set forth
Frar7' David C Peeples To: Tracy Catt Date, 1/27/00 Time. 9,38.22 AM Page 4 of 6
in this subchapter shall lose his appointment as auxiliary law enforcement officer and shall not be
reappointed until training requirements have been met.
(e) No one may be appointed or serve as an auxiliary law enforcement officer if the person has
been convicted by a state or by the federal government of a crime, the punishment for which could
have been imprisonment in a federal penitentiary or a state prison.
(f) Every person appointed or serving as an auxiliary law enforcement officer shall be a
citizen of the United States and shall be at least twenty-one (21) years of age.
SECTION 4. (a) An auxiliary law enforcement officer shall have the authority of a police
officer as set forth by statutes of this state when the auxiliary law enforcement officer is performing an
assigned duty and is under the direct supervision of a fitll-time certified law enforcement officer.
(b) When not performing an assigned duty and when not working under the direct supervision
of a full-time certified law enforcement officer, an auxiliary law enforcement officer shall have no
authority other than that of a private oitizen.
(c) An auxiliary law enforcement officer, when not working under the direct supervision of a
full-time certified law enforcement officer, may perform tasks such as traffic direction, parade
functions, etc., that are clearly not law enforcement functions and are assigned by the law enforcement
agency.
(d) Nothing in this section shall be construed as defining an auxiliary law enforcement officer
as a full-time certified law enforcement officer, apart-time certified law enforcement officer, or a
specialized certified officer as defined by A.C.A. §§ 12-9-101, 12-9-102, 12-9-104 -- 12-9-111, and
the Arkansas Commission on Law Enforcement Standards and Training.
SECTION 5. An auxiliary law enforcement officer who does not meet the standards and
qualifications set forth in this ordinance or any made by the Arkansas Commission on Law
Enforcement Standards and Training shall not take any official action as a law enforcement officer and
" Frbrr" Dawd C Peeples To' Tracy Catt Date, 1/27/00 Time. 9,38,22 AM Page 5 of 6
any action taken shall be held as invalid.
SECTION 6. The number of auxiliary law enforcement officers appointed shall not exceed
the larger of:
(a) One (1) auxiliary law enforcement officer for each full-time certified law enforcement
officer employed by the West Memphis Police Department; or
(b) One (1) auxiliary law enforcement officer for each one thousand (1,000) persons in the
City of West Memphis as determined by the latest official census.
(c) However, if due to special or unusual problems or circumstances, the City of West
Memphis has a need for a greater number of auxiliary law enforcement officers than is authorized in
this ordinance, it may make a request to the Arkansas Commission on Law F_.nforcement Standards
and Training for the additional officers. Each request shall state the special or unusual problems
involved which justify the request, the number of additional officers requested, and such other
infornation as the corrunission may require.
SECTION 7. (a) The auxiliary law enforcement officer or the City of West Memphis may
elect to join the workers' compensation system for the benefit of the auxiliary law enforcement officer,
and the auxiliary law enforcement officer may receive benefits therefrom as provided by statutes.
(b) Auxiliary law enforcement officers shall have no claim to the benefits of any police
retirement and pension funds in this state. Any claim presented by an auxiliary law enforcement
officer for benefits from any police retirement and pension fund shall be held null and void.
(c) "The City of West Memphis may elect to provide liability insurance, uniforns, and such
other equipment as may be necessary to pcrforn the assigned tasks, and these provisions shall not be
considered as salary or wages.
(d) An auxiliary law enforcement officer may receive such compensation, per diem, expenses,
or other allowances for his services, for such purposes as transporting juveniles, as may be agreed to
_ , Fr~rfi.~ David G Peeples To~, Tracy Catt Data 1/21/00 I ima 9,3822 !~M Page 6 of 6
by the appointing authority.
SECTION 8. All ordinances or parts of ordinances in conflict herewith are hereby repealed to
the extent of such conflict.
SECTION 9. If any portion of this ordinance is declared invalid by a court of competent
jurisdiction, the City Council declares it would have adopted all other portions of this ordinance.
PASSED AND APPROVED this day of ~ P' , 2000.
WILLIAM H. JOHNS ,MAYOR
ATTEST:
PHILLIP P ITY CLERK
SPO BY:
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