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HomeMy WebLinkAboutResolution BPW 01-11-24-01/CPD/Special Police Officers RESOLUTION NO. BPW- 01-11-24-01 A RESOLUTION OF THE CITY OF CARMEL BOARD OF PUBLIC WORKS AND SAFETY APPOINTING SPECIAL POLICE OFFICERS WHEREAS, the Facilities Security Specialists (“FSSs”) are retired police officers serving as civilian employees of the Carmel Police Department and are employed to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; 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, improve economic efficiency, and provide greater peace, safety, protection, and security to the City’s real property, including on-premises employees and/or occupants, the Carmel Police Department requests that the Safety Board appoint and swear FSSs John Towle, Todd Clark, David Strong, Andrew Gerdt, Michael Dixon, and Charles Harting as Special Police Officers to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and WHEREAS, the Safety Board, pursuant to its authority under Indiana Code § 36-8-3-7, now desires to appoint and swear FSSs John Towle, Todd Clark, David Strong, Andrew Gerdt, Michael Dixon, and Charles Harting as Special Police Officers for the limited purpose of maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. 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. FSS John Towle 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, John Towle shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, John Towle shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) John Towle 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. FSS Todd Clark 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Todd Clark shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, Todd Clark shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) Todd Clark 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 4. FSS David Strong 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, David Strong shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, David Strong shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) David Strong 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 5. FSS Andrew Gerdt 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Andrew Gerdt shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, Andrew Gerdt shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) Andrew Gerdt 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 6. FSS Michael Dixon 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Michael Dixon shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, Michael Dixon shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 (c) Michael Dixon 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 7. FSS Charles Harting 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 maintaining the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants, pursuant to the following conditions: (a) While carrying out the specific responsibilities for which he is appointment as a Special Police Officer, Charles Harting shall: (i) Continue at his current rate of pay with the Carmel Police Department; (ii) Wear the FSS 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, Charles Harting shall be empowered to: (i) Carry Carmel Police Department owned duty weapon(s) of the same type and caliber issued to sworn officers while on duty and/or while in transit to or from his scheduled workday; (ii) Conduct a search or a seizure of a person or property to the extent necessary to maintain, the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants; and (iii) Enforce any law necessary to maintain the peace, safety, protection, and security of City of Carmel real property and any on-premises employees and occupants. (c) Charles Harting 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 8. All above appointed individuals must take the Oath of Special Police Officer, as set forth under Attachment 1 of this Resolution. [The remainder of this page is left intentionally blank] DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 SO RESOLVED by the City of Carmel Board of Public Works and Safety, this 3rd day of January 2024. CARMEL BOARD OF PUBLIC WORKS AND SAFETY By: Sue Finkam, Presiding Officer Date: Mary Ann Burke, Member Date: Lori S. Watson, Member Date: ATTEST: Jacob Quinn, City Clerk Date: DocuSign Envelope ID: 26D15E17-5C6F-4682-9F06-12E228FB6A23 1/11/2024 1/11/2024 1/11/2024 1/11/2024 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: 26D15E17-5C6F-4682-9F06-12E228FB6A23