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ORD 76-05 POLICE RESERVE PROGRAMORDINANCE NO. 76- 5 AN ORDINANCE OF THE CITY OF WINSLOW, KITSAP COUNTY, WASHINGTON, PROVIDING FOR THE ESTABLISHMENT OF A POLICE RESERVE PROGRAM WITHIN THE CITY OF WINSLOW, PRESCRIBING DUTIES AND COMPENSATION THEREOF, AND REPEALING ORDINANCE 72-28. The City Council of the City of Winslow, Kitsap County, Washington, do ordain as follows: Section 1. Police Reserve Established. The City of Winslow hereby creates and establishes a Police Reserve Force to provide and make available additional manpower to assist the regular police force within the City of Winslow in the protection of life and property. The Police Reserve Force shall not exceed six (6) members who shall be appointed by the Chief of Police of the City of Winslow with the concurrence of the Mayor. The Winslow Police Reserve Force shall function as a unit under the supervision of the Chief of Police and/or his designated subordinate. Section 2. Police Reserve Duties. The duties of the Police Reserve Force are to supplement the regular police force in their ordinary duties for the protection of life, property and preservation of peace and order. In addition the Police Reserve Force will aid in the control of traffic and maintenance of order at parades and generally policing of large assemblies of people, and in the event of a declared emergency shall assist the regular police in all ways deemed necessary by the Chief of Police and/or his disignated subordinate. Section 3- Police Reserve Membership. Each applicant must file an application with the Chief of Police, indicate his willing- ness to serve an average of minimum of eighteen (18) hours per month in the public service, meet the qualification and require- ments prescribed for membership in the Police Reserve Force, complete any training program created by the City and be appointed by the Chief of police, with the concurrence of the Mayor, take an oath of office and be sworn in. Members of the Police Reserve Force are to be citizens of the United States, trustworthy, and of good moral character, and not have been convicted of a felony or any offense involving moral turpitude. The Chief of Police is hereby authorized to furnish each member of the Police Reserve Force with membership identification card and police badge. A membership identification card is to be carried by such member at all times, and the police badge to be worn only when the Reserve Policeman is authorized to wear the prescribed uniform. Membership of any person in the Police Reserve Force may be revoked at any time by the Chief of Police. Any member of the Police Reserve Force may resign upon written notification to the Chief of Police or his designated subordinate. Upon separation from the organization all equipment issued to him by the City must be returned within 24 hours. No member of the Police Reserve Force shall be regarded as a City employee for any purpose subject to Civil Service rules and regulations nor shall any member of the Police Reserve Force be entitled to the benefits of any Police Pension Fund Act. Section 4. Police Reserve Powers. Members of the Police Reserve Force shall have all those powers vested in them by the Chief of Police while in the performance of officially authorized duties, including such powers to make arrest as any police officer of the City, but under no circumstances shall said Police Reserve Officer exercise any power while not in the performance of duties ordered by the Chief of Police or by his designated subordinate. Section 5- Compensation of Police Reserve Officers. Members of the Police Reserve Force shall serve without compensation except as provided herein, but the City may in its discretion pay all or part of the cost of furnishing uniforms and equipment and any premiums required by the Washington State Industrial Insurance program. Section 6. Compensation of Police Reserve Officers While on Temporary Full Time Duty. In the event it is deemed necessary by the Chief of Police, with the concurrence of the Mayor, that one or more officers of the Police Reserve Force be requested to and agree to provide not less than twenty (20) hours per week of police duty, the Chief of Police shall designate said officer, prescribe the hours and shifts of work and any special powers that may be necessary because of the increased time involved. Under such circumstances the Police Reserve Officer shall be compensated by the City at the same rate per hour as is then paid beginning patrol- men with the City of Winslow. Such temporary full time duty shall not be extended beyond three (3) months in any one year. Section 7. Ordinance 72-28 is here~y repealed. Section 8- Severability. If any provision of this chapter or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of this Chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared to be severable. Section 9. This ordinance shall be in full force and effect from and after the date of its passage, approval and publication as required by law. PASSED IN OPEN AND REGULAR SESSION AND APPROVED BY THE MAYOR ATTEST: Or / Robert W. McKisson of Beresford, Booth, Lehne, McKisson & Baronsky City Attorneys AGREEMENT BETWEEN THE STATE OF WASHINGTON, DEPARTMENT OF REVENUE AND THE CITY OF WINSLOW REGARDING ADMINISTRATION AND COLLECTION OF LEASEHOLD EXCISE TAX THIS AGREEMENT, made this /~,/~ day of April, 1976, by and between the State of Washington, Department of ReVenue, hereinafter referred to as the Department, and the above designated city, hereinafter referred to as the "City", WITNESSETH: WHEREAS, the Legislature of the State of Washington has by chapter 61, Laws of 1975-76, 2nd ex. sess., authorized cities and counties to impose a local leasehold excise tax, and WHEREAS, it is provided in Section 8 of said Act that any city or county imposing a local leasehold excise tax by ordinance shall, prior to the effective date thereof, contract with the Department for the administration and collection of said tax, and WHEREAS, the City has by ordinance, a copy of which is attached hereto, elected to impose a leasehold excise tax com- mencing on the first day of January, 1976. NOW, THEREFORE, to effectuate Section 8 of the aforementioned act, the parties hereto agree as follows: 1. The Department shall exclusively perform all functions incident to the administration and collection of the taxes imposed by the said ordinance, other than criminal prosecutions. 2. The Department shall retain from the taxes so collected the amount of two per cent (2%) thereof as expenses of administra- tion and collection. Said amount shall be subject to review during January of each year. 3. The remainder of said taxes so collected shall be deposited by the Department in the Local Leasehold Excise Tax Revolving Fund under the custody of the State Treasurer. 4. In carrying out its administration and collection duties hereunder, the Department shall, insofar as the same are applicable, apply the administrative provisions contained in chapters 82.02 and 82.32 RCW, and the Department's rules and regulations pro- mulgated pursuant to RCW 82.32,300, as the same exist or may hereafter be amended. The Department shall adopt additional rules and regulations, in accordance with the State Administra- tive Procedure Act, to facilitate the administration and collection of the local taxes as it may deem necessary or desirable. 5. The Department shall perform its duties hereunder so that as far as possible the local leasehold excise tax adopted by the City shall be administered and collected in a manner which is as consistent and uniform as possible with the state leasehold excise tax and facilitates the imposition of the local leasehold excise tax upon individual taxable events simultaneously with the imposition of the state leasehold excise tax. 6. The City shall have the right from time to time to examine the records of the Department as they concern taxpayers subject to the aforementioned ordinance. 7. The allocation of local leasehold excise tax collections among the various cities and counties will be sent by the Department to the State Treasurer within 60 days after the close of the first bimonthly period for which the tax is imposed and thereafter on a bimonthly basis. 8. All refunds and credits for local leasehold excise tax made by the Department shall be charged to the City. 9. The Department shall require redistribution to the affected counties or cities, of any tax, penalty and interest distributed to a county or city other than the county or city entitled thereto but such redistribution shall not be made as to amounts originally distributed earlier than three bimonthly periods prior to the bimonthly period in which the Department obtains knowledge of the improper distribution. 10. This agreement shall take effect immediately and shall thereafter be automatically renewed on December 31 of each year unless one of the parties gives written notice of termination on or before November 1 of each such year. 11. In witness whereof the parties hereto have affixed their signature the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: DEPARTMENT OF REVENUE STATE OF WASHINGTON By Director Robert W. McKisson of Beresford, Booth, Lehne, McKisson & Baronsky City Attorneys