HomeMy WebLinkAboutResolution BPW 07-19-23-02/Special Police Officers
RESOLUTION NO. BPW- 07-19-23-02
A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY
APPOINTING SPECIAL POLICE OFFICERS
WHEREAS, the Animal Control Specialists/Community Service Officers (“CSOs”) are civilian employees
of the Carmel Police Department who enforce the parking and animal control provisions of Carmel City Code; and
WHEREAS, numerous parking and animal code enforcement provisions fall exclusively under Indiana
Code, and, as civilian employees, CSOs do not currently have the power to enforce infractions under Indiana Code;
and
WHEREAS, Indiana Code § 36-8-3-7 grants the City of Carmel Board of Public Works and Safety (the
“Safety Board”) authority to “appoint and swear an additional number of special police officers … to do special duty
within the city” (“Special Police Officers”); and
WHEREAS, Indiana Code § 36-8-3-7 further provides that Special Police Officers shall only have those
powers, privileges, and duties assigned to them by the Safety Board and only while fulfilling the specific
responsibilities for which the appointment is made, must wear a uniform that is easily distinguishable from uniforms
for state and local law enforcement agencies, and may be removed by the Safety Board at any time without notice
and without cause; and
WHEREAS, Special Police Officers under Indiana Code § 36-8-3-7 are specifically exempted from the basic
training requirements for a law enforcement officer under Indiana Code Chapter 5-2-1; and
WHEREAS, in order to better balance resources and improve economic efficiency, the Carmel Police
Department requests that the Safety Board authorize CSOs Samuel Brown and Austin Webb to enforce certain
infractions under Indiana Code; and
WHEREAS, the Safety Board, pursuant to its authority under Indiana Code § 36-8-3-7, now desires to
appoint and swear CSOs Samuel Brown and Austin Webb as Special Police Officers for the limited purpose of
enforcing parking and animal code provisions under Indiana Code where the violations of said provisions are
infractions.
NOW, THEREFORE, BE IT RESOLVED by the City of Carmel Board of Public Works and Safety, that:
Section 1. The foregoing Recitals are incorporated herein by this reference.
Section 2. CSO Samuel Brown is hereby appointed, under Indiana Code § 36-8-3-7, as a Special
Police Officer for the City of Carmel for the limited purpose of enforcing parking and animal code provisions
of Indiana Code where the violations of said provisions constitute an infraction, pursuant to the following
conditions:
(a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Samuel Brown shall:
(i) Continue at his current rate of pay with the Carmel Police Department;
(ii) Wear the CSO uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies;
(iii) Remain an at-will employee of the Carmel Police Department;
(iv) Obey the rules of the Carmel Police Department; and
(v) Be subject to the Police Chief.
(b) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Samuel Brown shall not:
(i) Carry a firearm on his person;
(ii) Make an arrest; or
DocuSign Envelope ID: 657F94F3-EFFE-4735-A05E-CDBADFA24E5B
(iii) Conduct a search or a seizure of a person or property, except for the
impoundment of animals and/or towing of vehicles, as permitted by Indiana
Code and/or Carmel City Code.
(c) Samuel Brown shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever
occurs first.
Section 3. CSO Austin Webb is hereby appointed, under Indiana Code § 36-8-3-7, as a Special
Police Officer for the City of Carmel for the limited purpose of enforcing parking and animal code provisions
of Indiana Code where the violations of said provisions constitute an infraction, pursuant to the following
conditions:
(a) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Austin Webb shall:
(i) Continue at his current rate of pay with the Carmel Police Department;
(ii) Wear the CSO uniform that shall remain easily distinguishable from uniforms
for state and local law enforcement agencies;
(iii) Remain an at-will employee of the Carmel Police Department;
(iv) Obey the rules of the Carmel Police Department; and
(v) Be subject to the Police Chief.
(b) While carrying out the specific responsibilities for which he is appointment as a Special
Police Officer, Austin Webb shall not:
(i) Carry a firearm on his person;
(ii) Make an arrest; or
(iii) Conduct a search or a seizure of a person or property, except for the
impoundment of animals and/or towing of vehicles, as permitted by Indiana
Code and/or Carmel City Code.
(c) Austin Webb shall continue his appointment as a Special Police Officer until the Safety
Board removes his appointment or until he is no longer employed by the City, whichever
occurs first.
SO RESOLVED by the City of Carmel Board of Public Works and Safety, this 19th day of July, 2023.
CARMEL BOARD OF PUBLIC WORKS AND SAFETY
By:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, City Clerk
Date:
DocuSign Envelope ID: 657F94F3-EFFE-4735-A05E-CDBADFA24E5B
7/19/2023
7/19/2023
7/19/2023
7/19/2023
Attachment 1
OATH OF SPECIAL POLICE OFFICER
I, ____________________________, do solemnly swear
that I will support the Constitution of the United States
and the Constitution of the State of Indiana,
and that I will faithfully and impartially discharge my duties
as a Special Police Officer of the City of Carmel, Indiana,
according to the law and the best of my ability,
so help me God.
DocuSign Envelope ID: 657F94F3-EFFE-4735-A05E-CDBADFA24E5B
Attachment 2
OATH OF SPECIAL POLICE OFFICER
I, ____________________________, do solemnly swear
that I will support the Constitution of the United States
and the Constitution of the State of Indiana,
and that I will faithfully and impartially discharge my duties
as a Special Police Officer of the City of Carmel, Indiana,
according to the law and the best of my ability,
so help me God.
DocuSign Envelope ID: 657F94F3-EFFE-4735-A05E-CDBADFA24E5B