Chapter 10.41A
Special Police Officers

Sections:

10.41A.010 In General.

10.41A.020 Purpose.

10.41A.030 Definitions.

10.41A.040 License Required.

10.41A.050 Application.

10.41A.060 Qualifications.

10.41A.070 Special Regulations.

10.41A.080 Termination.

10.41A.090 Penalties.

10.41A.100 Responsibility of Applicant.

10.41A.010 In General.

A.  This chapter supplements and specifies the general administrative procedures of SMC chapter 4.04 and provides substantive regulations of special police officers.

B.  Special or private police officers under this chapter differ from private detectives and security guards licensed under SMC chapter 10.30 in that they have a police commission and they differ from members of the police reserve force.

[Ord. C27909; Passed: 4/15/1985]

10.41A.020 Purpose.

The purpose of this chapter is to assist the police department in carrying out its law enforcement responsibilities by conferring upon persons certain law enforcement authority in limited and specific instances.

[Ord. C27909; Passed: 4/15/1985]

10.41A.030 Definitions.

A.  “Applicant” is the person employing the individual for whom a special police commission is sought.

B.  “Special police officer” or private police officer is an individual employed by someone other than the city police department for security purposes having a commission from the chief of police to exercise the powers of a law enforcement officer limited to the scope of his employment and the terms of his commission.

C.  The “subject” of an application is the individual for whom the commission is sought.

[Ord. C27909; Passed: 4/15/1985]

10.41A.040 License Required.

A.  No person may act or pretend to act as a special police officer without a current valid commission.

B.  No person may employ an individual as a special police officer unless the individual has a current valid commission.

C.  The license required for a special police officer is in the form of a commission from the chief of police and is a class II license as provided in SMC chapter 4.04.

[Ord. C27909; Passed: 4/15/1985]

Cross Reference: SMC 10.07.021.

10.41A.050 Application.

The applicant is required to set forth in the application:

A.  the name and address of the applicant;

B.  the address or other description of the location(s) where the subject will be employed;

C.  the full name, date of birth and address of the subject;

D.  all facts known to the applicant regarding the subject’s qualifications under SMC 10.41A.060;

E.  the reason why the applicant believes the subject should be commissioned; and

F.  a description of the proposed responsibilities and functions of the subject and of the subject’s present scope of employment.

[Ord. C27909; Passed: 4/15/1985]

10.41A.060 Qualifications.

A.  To be eligible for a commission a subject, at the time of application, must:

1.   be at least twenty-one years of age;

2.   be a citizen of the United States;

3.   have a high school diploma or equivalent;

4.   be of good moral character;

5.   not have been convicted of:

a.   a felony,

b.   a crime of moral turpitude, or

c.   a crime involving a controlled substance;

6.   not have been involuntarily committed to an institution or treatment program for:

a.   a mental disorder, or

b.   alcohol or controlled substance abuse;

7.   have at least ninety days’ experience in security affairs in the applicant’s employ. This qualification may be waived by the chief if the subject is employed by the applicant and the chief determines that the subject has had ninety days’ experience in security affairs with a previous employer, or has completed the training in subsection (B) of this section.

B.  In addition to subsection (A) of this section, before receiving a commission a subject must:

1.   satisfactorily complete a training program specified by the chief of police, and

2.   make an oath to uphold the constitution and laws of the United States and of the State of Washington and the Charter and ordinances of the City of Spokane.

[Ord. C27983; Passed: 5/13/1985]

10.41A.070 Special Regulations.

A.  No special police officer, while on duty as such, may carry any firearm or dangerous weapon unless his commission specifically authorizes him to do so.

B.  The chief issues identification insignia to each special police officer. An officer is required to carry that identification on his person at all times when on duty and to display it when called upon to identify himself.

C.  A special police officer may wear such badge and uniform only as have been approved by the chief.

D.  A special police officer may use a motor vehicle with special marking, insignia, lights, or equipment only with the prior approval of the chief.

E.  While performing the duties of employment, a special police officer is required to conform with the standards of conduct prescribed for police officers and may not do any act which would be unlawful if committed by a law enforcement officer.

F.  The chief may require a special police officer to undergo additional training whenever appropriate.

G.  Every special police officer must comply with such rules and regulations regarding licensing, training, conduct and other matters as the chief may from time to time issue.

[Ord. C27909; Passed: 4/15/1985]

10.41A.080 Termination.

A.  A special police commission expires after one year. An expired commission may be renewed upon application.

B.  A special police commission terminates upon termination of the officer’s employment by the applicant. The applicant must immediately notify the chief of an officer’s termination of employment.

C.  The chief may suspend or revoke a commission at any time because of violation of the provisions of this code or for other cause.

D.  Upon expiration, termination, suspension, or revocation of his commission the officer must immediately surrender to the applicant his identification and any badge, uniform and other property connected with his office.

[Ord. C27909; Passed: 4/15/1985]

10.41A.090 Penalties.

When the chief finds that a special police officer has violated a term of this code, in lieu of or as a condition of suspension or revocation of the commission, the chief may issue a notice of civil infraction and may require the officer to make restitution to any person damaged by the violation.

[Ord. C31589; Passed: 3/25/1996]

10.41A.100 Responsibility of Applicant.

The conferral of a special police commission does not affect the employer/employee relationship between the applicant and the officer. The employer remains responsible for the acts of the officer within the scope of employment until the applicant notifies the chief of termination of employment as required by SMC 10.41A.080(B).

[Ord. C27909; Passed: 4/15/1985]