POLICE
Charter reference— Civil service, § 5.1 et seq.
Cross reference— Officers and employees, § 2-51 et seq.
State Law reference— Auxiliary police force, G.S. § 160A-282.
(a)
The chief of the police department and the members of the department shall be under the direction and control of, and shall be directly responsible to, the mayor and the city council or, upon proper delegation, to the city manager.
(b)
The chief of the police department shall arrange the members into suitable reliefs and details, either for day or night service, and shall exercise power, discipline and authority over them.
(Code 1959, §§ 16-11, 16-17)
Each member of the police force shall be subject to the current departmental rules and regulations. Failure to abide by the rules and regulations shall be cause for disciplinary action.
(Code 1959, § 16-18)
Before entering upon the duties of their respective offices, the chief of police and each member of the police force shall take an oath of office substantially as follows:
I, _______, do solemnly swear that I will support the Constitution of the United States; so help me God.
I, _______, do solemnly and sincerely swear that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the constitution of the state, not inconsistent with the Constitution of the United States, to the best of my knowledge and ability; so help me God.
I, _______, do solemnly swear that I will execute the office of police of the City of Statesville, State of North Carolina, to the best of my knowledge and ability, agreeable to law; and that I will not take, accept or receive, directly or indirectly, any fee, bribe, gratuity or reward whatsoever, for making any false return on any process to me directed; so help me God.
(Code 1959, § 16-12)
State Law reference— Oath, G.S. § 160A-284.
The police department of the city shall consist of a chief and such number of police officers as the mayor and city council or, upon proper delegation, the city manager, shall deem sufficient to provide security and exercise the police powers in the city.
(Code 1959, § 16-15)
Whenever in the judgment of the chief of police it becomes necessary to employ one (1) or more special detectives, not sworn members of the police department, or to expend money to facilitate detective work, the city manager shall have the authority to authorize the chief of police to make proper arrangements for the employment of such detectives.
(Code 1959, § 16-16)
The chief of police is authorized to establish and maintain a volunteer organization of reserve police officers to be designated as the Statesville Reserve Police. The members of the reserve, when called upon for active duty, shall be clothed with all the power and charged with all the duties of regular members of the police department of the city.
(Code 1959, § 16-19(a))
Reserve police officers shall give the same bond and be subject to the orders, rules and regulations and directions of their superior officers when on active duty in the same manner as are the regular members of the police department of the city. They shall take and subscribe to the oath required by G.S. § 160A-284.
(Code 1959, § 16-19(b))
Unless specifically authorized by special order of the chief of police, reserve police officers shall receive no compensation from the city except that the city shall pay the premium upon any bond which may be required of them.
(Code 1959, § 16-19(c))
Reserve police officers shall be required to be examined and certified under the provisions of G.S. ch. 17c.
(Code 1959, § 16-19(d))
Reserve police officers may be called to active duty at any time by the chief of police or his designated representative to assist the regular police officers of the city for an emergency or on special occasions, such as to provide security and police protection at athletic events, parades, dances, public ceremonies and other similar gatherings. Reserve police officers shall also be subject to be called to duty for training activities.
(Code 1959, § 16-19(e))
No member of the reserve police shall hold a rank or wear insignia indicative of rank corresponding with that of supervisory or command officers of the regular police department. This shall not prohibit rank insignia of other types or styles, provided that the chief of police shall, in his discretion, approve any such insignia prior to its being adopted for use by the reserve organization.
(Code 1959, § 16-19(f))
Members of the reserve police organization are prohibited from carrying firearms in a concealed manner while performing duties on behalf of the city, unless specifically authorized by the chief of police, and in furtherance of some specific police purpose.
(Code 1959, § 16-19(g))
While undergoing official training and while performing duties on behalf of the city, pursuant to orders or instructions of the chief of police of the city, reserve police officers shall be entitled to all powers, privileges and immunities afforded by law to regularly employed police officers, including benefits under the North Carolina Workers' Compensation Act.
(Code 1959, § 16-19(h))