MEMORANDUM
TO: City Council
FROM: David Deutsch,
City Manager
SUBJECT: Police
Chief Ordinance – 0-6-06
DATE: April 27, 2006
State law and the City Charter provide the necessary authority for the Council
to establish a police department. The attached proposed ordinance specifically
addresses the role of the police chief in a manner that is consistent with
the City Charter. The ordinance implements the authority that has been granted.
DJD/adf
Attachment
ORDINANCE
OF THE COUNCIL OF THE CITY OF BOWIE, MARYLAND,
AMENDING CHAPTER 2, “ADMINISTRATION,” ARTICLE II, “PERSONNEL
SYSTEM,” TO ADD DIVISION 3A, “CHIEF OF POLICE”
WHEREAS, pursuant to Article 23A of the Annotated Code of Maryland, the Council
of the City of Bowie, Maryland (the “City Council”) has the authority
to pass such ordinances as it deems necessary to preserve peace and good
order, to secure persons from danger and destruction and to protect the health,
comfort and convenience of the citizens of the municipality; and
WHEREAS, pursuant to Section 2(b)(22) of Article 23A, the City has the specific
authority to establish a police department; and
WHEREAS, the City has reserved the power to implement the authority of Section
2(b)(22) of Article 23A in its Charter, Section 18A, which sets forth the power
to establish a police department; and
WHEREAS, the City Council has determined that it is in the best interests of
the City’s residents to establish a police department; and
WHEREAS, in order to accomplish the establishment of a police department, it
is the desire and intent of the City Council to provide for the position of
Police Chief, who shall report to the City Manager and who shall assist the
City Manager in the establishment of the police department and whose duties,
after such establishment, shall include the management of the day-to-day operation
of the City’s police department.
Section 1. NOW THEREFORE, BE IT ORDAINED AND ENACTED, by the Council of the
City of Bowie, Maryland that Chapter 2, “Administration,” Article
II, “Personnel System,” of the City Code be and is hereby amended
to read as follows:
DIVISION 3A. CHIEF OF POLICE. Sec. 2-15B. DESIGNATION AND DUTIES.
A. THE POSITION OF CHIEF OF POLICE IS HEREBY ESTABLISHED. THE CHIEF OF POLICE
SHALL ASSIST THE CITY MANAGER IN THE ESTABLISHMENT OF A POLICE DEPARTMENT.
THE POWER TO MANAGE AND OPERATE THE CITY’S POLICE DEPARTMENT SHALL BE
VESTED IN THE CHIEF OF POLICE, SUBJECT TO APPROVAL AND OVERSIGHT BY THE CITY
MANAGER. IT SHALL BE THE FUNCTION OF THE POLICE DEPARTMENT TO ENFORCE THE LAWS
OF THE CITY AND, WHEN APPROPRIATE AND LAWFUL, THE LAWS OF PRINCE GEORGE’S
COUNTY AND THE STATE OF MARYLAND; THE CHIEF OF POLICE SHALL ENSURE THAT THE
POLICE DEPARMENT ADEQUATELY AND COMPETENTLY FULFILLS THIS FUNCTION.
B. THE DUTIES OF THE CHIEF OF POLICE SHALL BE AS FOLLOWS:
1. TO HIRE, WITH THE CONCURRENCE OF THE CITY MANAGER, POLICE OFFICERS TO PERFORM
THE POLICING FUNCTIONS OF THE DEPARTMENT;
2. TO HIRE, WITH THE CONCURRENCE OF THE CITY MANAGER, CIVILIAN EMPLOYEES, AS
NECESSARY, TO PERFORM ADMINISTRATIVE AND CLERICAL FUNCTIONS FOR THE DEPARTMENT;
3. TO PREPARE AND IMPLEMENT, WITH THE CONCURRENCE OF THE CITY MANAGER, STATEMENTS
OF POLICY AND PRACTICE AND GENERAL ORDERS, AS APPROPRIATE, TO GOVERN THE CONDUCT
OF CITY POLICE OFFICERS.
4. TO MANAGE THE DAY-TO-DAY OPERATIONS OF THE DEPARTMENT AND SUPERVISE THE
DEPARTMENT’S POLICE AND CIVILIAN EMPLOYEES, INCLUDING BUT NOT LIMITED
TO THE SCHEDULING OF DEPARTMENT EMPLOYEES AND THE DISCIPLINE OF POLICE OFFICERS
IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW, WHERE APPLICABLE.
Section 2. BE IT FURTHER ORDAINED that this Ordinance shall become effective
thirty (30) days after its enactment by the Council of the City of Bowie, Maryland
provided that a fair summary of this Ordinance is published at least once prior
to the date of passage and at least once within ten (10) days after the date
of passage in a newspaper having general circulation in the City.
INTRODUCED by the Council of the City of Bowie, Maryland at a Regular Meeting
on the 1st day of May, 2006.
PASSED by the Council of the City of Bowie, Maryland at a Regular Meeting on
the ___ day of _______, 2006.
ATTEST:
_______________________________
Pamela
A. Fleming
City Clerk
THE CITY OF BOWIE, MARYLAND
_________________________________
By:
G. Frederick Robinson, Mayor
APPROVED AS TO FORM AND SUFFICIENCY:
______________________________
Robert H. Levan, City Attorney