22-G-14 - Amending Chapter 66, Articles I and II establishment of the Schertz Police DepartmentORDINANCE NO. 22-G-14
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCHERTZ, TEXAS AMENDING CHAPTER 66, ARTICLES I AND II OF
THE CODE OF ORDINANCES, CITY OF SCHERTZ, TEXAS TO
PROVIDE FOR THE ESTABLISHMENT OF THE CITY OF SCHERTZ
POLICE DEPARTMENT; ESTABLISHING THE POSITION OF CHIEF
OF POLICE AND PROVIDING FOR THE EMPLOYMENT OF POLICE
OFFICERS; PRESCRIBING THE QUALIFICATIONS, DUTIES AND
RESPONSIBILITIES OF THE CHIEF OF POLICE AND POLICE
OFFICERS ESTABLSHING THE JURISDICTIONAL BOUNDARIES
OF THE DEPARTMENT; PROVIDING A SAVINGS CLAUSE, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Texas Local Government Code Section 341.003 a home -
rule municipality may provide for the establishment of a police department; and
WHEREAS, pursuant to such authority the City of Schertz, Texas has previously
established a police department, the head of which is the Chief of Police of the City of
Schertz; and
WHEREAS, The City of Schertz Police Department is pursuing "Recognized"
status from the Texas Police Chiefs Association's Law Enforcement Best Business
Practices Recognition Program, and
WHEREAS, the standards of the Recognition Program require explicit
language creating a police department and the authority and responsibility of both
Officers and the Chief of Police; and
WHEREAS, the City Council desire to formally provide for the establishment of
the Police Department by the enactment of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
SCHERTZ, TEXAS:
Section 1. Chapter 66 Police Articles I and II of the City Code of the City of Schertz Texas
is hereby amended as set forth in the attached Exhibit A.
Section 2. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as
a part of the judgment and findings of the City Council.
Section 3. All ordinances, or parts thereof, which are in conflict or inconsistent with
any provision of this Ordinance are hereby repealed to the extent of such conflict, and the
provisions of this Ordinance shall be and remain controlling as to the matters resolved herein.
Section 4. This Ordinance shall be construed and enforced in accordance with the
laws of the State of Texas and the United States of America.
Section 5. If any provision of this Ordinance or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Ordinance and the application
of such provision to other persons and circumstances shall nevertheless be valid, and the City
Council hereby declares that this Ordinance would have been enacted without such invalid
provision.
Section 6. It is officially found, determined, and declared that the meeting at which
this Ordinance is adopted was open to the public and public notice of the time, place, and
subjectmatter of the public business to be considered at such meeting, including this Ordinance,
was given, all as required by Chapter 551, Texas Government Code, as amended.
Section 7. This Ordinance shall be in force and effect from and after its final
passage, and it is so ordained.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SCHERTZ, TEXAS, THAT THIS
ORDINANCE WAS PASSED and APPROVED on first reading this the 8th day of March, 2022.
PASSED, APPROVED and ADOPTED on second reading this the day of 2022.
APPROVED
RAec z, Mayor
ATTEST: -
Brea ;a te nnis, City Secretary
EXHIBIT A
CHAPTER 66 POLICE ARTICLE I AND II ARE HEREBY AMENDED AS SET
FORTH BELOW
[Deletions are shown as strikethrough and additions are shown as underscore]
Chapter 66 POLICE
ARTICLE I. IN GENERAL
Sec. 66 -1. Establishment of police department; jurisdiction.
There is hereby established a police department for the City of Schertz. The ILolice
department shall be composed of the Chief of Police and such other police officers and
employees as the city council may provide. The jurisdiction of the police department shall
be the co orate limits of the Ci ty and that property 1 in outside the city limits which
is owned by the City. When outside the jurisdictional limits of the City, police officers
of the City of Schertz shall have and may exercise such authority and powers as may be
aranted to them as peace officers under the constitution and laws of the State of Texas and
of the United States.
Page 3 of 6
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Sec. 66 -1. Establishment of police department; jurisdiction.
There is hereby established a police department for the City of Schertz. The ILolice
department shall be composed of the Chief of Police and such other police officers and
employees as the city council may provide. The jurisdiction of the police department shall
be the co orate limits of the Ci ty and that property 1 in outside the city limits which
is owned by the City. When outside the jurisdictional limits of the City, police officers
of the City of Schertz shall have and may exercise such authority and powers as may be
aranted to them as peace officers under the constitution and laws of the State of Texas and
of the United States.
Page 3 of 6
Sec. 66 -2. Chief of Police.
The Chief of Police shall be appointed by the Ci Manager and be in charge of the police
department. The Chief of Police shall organize the Dqpartmentinconformitv with the laws ofthe state
andordinancesoftheQ . TheChiefof Police may promulgate policies, procedures, rules, directives and
orders for the administration of the department, including. but not limited to discipline within the
Department.
Sec. 66 -3._ Qualifications, appointment and powers of police officers.
(a) All police officers of the Ci of Schertz shall be appointed, promoted, disciplined and
removed inaccordancewiththe provisions ofthe City of Schertz Police Department Standard
01)erating Procedures and the City of Schertz Personnel Policy, as amended. No person in
be Mpointed or continue to serve as a police officer who does not comply with the licensing
requirements of the Texas Commission on I.aw Enforcement.
(b) Police officers of the Ci ty shall possess such power and authority as is given to peace officers
under the laws of the State of Texas and the ordinances of the City.
(c) All personnel of the police department shall be bound by the most current directives,
orders, rules, regulations, policies and procedures of the Schertz Police Department and City
of Schertz. Failure to abide thereby shall subject the violating personnel to such disciplinary
action as may be determined by the Chief of Police and / or Cite Mana,,ement within the
limits of state law and city ordinance.
Secs. 66 -4 66 -20. Reserved.
ARTICLE IL RESERVE nn7 IGEMENRESERVED
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• . • • •Ti7ill
I
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authorized by the .,it... .al
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See. 66 24. Approval of appointments by eouneil; esr-F�4ng of weapons.
N . ..f the ..li a for-ee
er -other - rise net
per-son appointed as pa ft may owry
he has been by the
a weapon
After- appr-oval, he may eaFfy
as a poliee e�ffieer- until approved eity eouneil.
IlI11Al1iY711lMIIPI71iFSi!
law
Eliseharging effieW duties
. •
!�r�r�!�e�. . ee� rr M� rrs� ■
authorized by the .,it... .al
• . • • • W1111
See. 66 24. Approval of appointments by eouneil; esr-F�4ng of weapons.
N . ..f the ..li a for-ee
er -other - rise net
per-son appointed as pa ft may owry
he has been by the
a weapon
After- appr-oval, he may eaFfy
as a poliee e�ffieer- until approved eity eouneil.
weapon only when auffierized by the eshief of poliee, and only when
„ .1„1.. oonstituted peaee off:..or, _
Eliseharging effieW duties
• . . . • •�
Page 5 of 6
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Page 5 of 6
and shall, in no eas e, assume the full time du4ies of regular- poli e e off ie er-s t Aff-ist v-, emplying
the eity ei
_ • . • �rres��jr`��rtir•�i
Page 6 of 6
EXHIBIT A
CHAPTER 66 POLICE ARTICLE I AND II ARE HEREBY AMENDED AS SET
FORTH BELOW
Chapter 66 POLICE
ARTICLE I. IN GENERAL
Sec. 66 -1. Establishment of police deo artment; jurisdiction.
There is hereby established a police department for the City of Schertz. The police
department shall be composed of the Chief of Police and such other police officers and
employees as the city council may provide. The jurisdiction ofthe police department shall
be the corporate limits of the City and that property lying outside the city limits, which
is owned by the City. When outside the jurisdictional limits of the City, police officers
of the City of Schertz shall have and may exercise such authority and powers as may be
granted to them as peace officers under the constitution and laws of the State of Texas and
of the United States.
Sec. 66 -2. Chief of Police.
The Chief of Police shall be appointed by the City Manager and be in charge of the police
department. The Chief of Police shall organize the Departmentinconformity withthe laws ofthe state
and ordinances ofthe City. TheChiefof Police may promulgate policies, procedures, rules, directives and
orders for the administration of the department, including, but not limited to discipline within the
Department.
Sec. 66 -3. rualifications. ao poimtment and powers of police officers.
(a) All police officers of the City of Schertz shall be appointed, promoted, disciplined and
removed inaccordancewiththeprovisions of the City of Schertz Police Department Standard
Operating Procedures and the City of Schertz Personnel Policy, as amended. No person may
be appointed or continue to serve as a police officer who does not comply with the licensing
requirements ofthe Texas Commission on I.aw Enforcement.
(b) Police officers of the City shall possess such power and authority as is given to peace officers
under the laws ofthe State of Texas and the ordinances ofthe City.
(c) All personnel of the police department shall be bound by the most current directives,
orders, rules,regulations, policies and procedures of the Schertz Police Department and City
of Schertz. Failure to abide thereby shall subject the violating personnel to such disciplinary
action as may be determined by the Chief of Police and / or City Management within the
limits of state law and city ordinance.
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