ORDINANCE NO. _______

ORDINANCE AMENDING CERTAIN PROVISONS OF ARTICLE III OF CHAPTER 16 OF THE CODE OF ORDINANCES OF THE CITY OF BILOXI, MISSISSIPPI WITH RESPECT TO POLICE AUXILIARY UNIT

            WHEREAS, it has been determined that it is in the best interest of the City of Biloxi to amend certain provisions of Article III, Chapter 16, Police Auxiliary Unit; and

            WHEREAS, it is in the best interest of the City of Biloxi to approve and adopt the proposed amendments to Article III, Chapter 16, specifically, Section 16-3-1, Section 16-3-2, Section 16-3-3, Section 16-3-4, Section 16-3-5 and Section 16-3-6.

            NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BILOXI, MISSISSIPPI, AS FOLLOWS:

            Section 1.  The findings, conclusions, and statements of fact contained in the preamble are hereby adopted, ratified and incorporated herein:

Sec. 16-3-1.     Establishment; membership; qualifications and appointment of members

There is hereby created a police reserve unit, to be known as the city police reserves, the membership shall not exceed 75 persons.  The reserve unit shall be limited to persons who are in good physical condition, not less than 21 years of age and pass a police department background investigation.  The Director of Police shall make all reserve unit appointments and may, with or without cause, discharge any member.  An appointment by the Director of Police to membership in the police reserve unit shall be signified by a card or other written instrument stating such appointment, dated and signed by the Director of Police, and a person shall not enter upon the duties of a member of the police reserve unit until such appointive instrument is in the physical custody of such member, and such instrument shall be maintained on his person at all times.

Sec. 16-3-2.     Powers and duties of members; supervision

The police reserve unit shall function under the direction of the Director of Police or his designee.  When on-duty and performing official duties on behalf of the city, members of the police reserve unit shall have all the power and authority and immunities and shall be subject to all the duties of members of the regularly constituted police department of the city and shall be subject to the rules and regulations governing the police department; provided, however, that membership in the police reserve unit shall not constitute membership in the regularly constituted police department of the city, nor shall any member of the police reserve unit be entitled to any right or privilege of compensation, pension or any other similar right or privilege or benefit of members of the regularly constituted police department.  A register for the police reserve unit shall be provided and maintained at the police department reflecting the hours of service provided by each reserve officer. 

Sec. 16-3-3.     Training of members; policy

The Director of Police shall determine the program for training members of the police reserve unit in police work. The reserve unit shall operate under the guidelines established by the Director of Police provided such guidelines do not conflict with any provisions of this article and shall be subordinate to and in conformity with the ordinances or regulations of the city and the laws of the state. 

Sec. 16-3-4.     Compensation of Members, fees for services

No member of the police reserve unit may receive any compensation from the city for services provided to or on behalf of the city as a member of the police reserves.  The services provided to or on behalf of the city under this section shall include, but not be limited to, functions such as Mardi Gras, city-sponsored festivals and patrol services provided to the city by the reserves.  The police reserve unit may accept and charge reasonable fees for its services at private or public functions, such as balls, ball games, dances and other like events.    The fees accepted and charged for the reserve unit’s services at private or public functions shall be used for the benefit and/or compensation of the police reserve unit. 

Sec. 16-3-5.     Uniforms and Equipment

The Director of Police is authorized to furnish Reserve Officers with necessary equipment and uniforms to perform their assigned and voluntary duties.  All equipment, except items purchased by individual officers, shall be owned by the police department and returned upon termination or resignation.

Sec. 16-3-6.     Officers

Officers of the police reserve unit shall consist of the chief thereof and such other positions and/or ranks as determined the Director of Police.  The Director of Police shall make all reserve unit appointments and promotions.

                        Section 2.  This ordinance shall be effective one month after its adoption or soon thereafter as is legal, provided this ordinance is certified, signed and published as by law.