ORD NO. 2016-05 AMENDING BIMC 2.24.070 REGARDING RESERVE OFFICERSORDINANCE NO. 2016-05
AN ORDINANCE of the City of Bainbridge Island, Washington, amending
Section 2.24.070 of the Bainbridge Island Municipal Code (BIMC), regarding
compensation of reserve officers also acting as detention officers.
WHEREAS, Chapter 2.24 of the BIMC, Police Reserve, sets forth the powers, duties,
and compensation of reserve officers; and
WHEREAS, Section 2.24.070 requires that, subject to certain exceptions, reserve
officers serve without compensation; and
WHEREAS, the U.S. Department of Labor has determined that, under the Fair Labor
Standards Act (FLSA), "detention officers may not volunteer for the same public agency as
sheriff deputies because "[p]ublic safety employees taking on any kind of security or safety function
within the same local government are never considered to be employed in a different capacity.";
WHEREAS, the interpretation, above, is intended to prevent situations in which
detention officers (paid police officers) are unable to perform security or safety functions within
the same agency because the security or safety function is performed by an unpaid reserve
officer;
WHEREAS, the Bainbridge Island Municipal Court Security Officer is a paid detention
(police) officer but also performs other security or safety functions within the same agency as a
reserve officer;
WHEREAS, the City desires to amend BIMC 2.24.070 to require that a detention officer
performing other security or safety functions within the City be compensated to remain
compliant with the Department of Labor's interpretation, above;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BAINBRIDGE
ISLAND, WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Section 2.24.070 of the Bainbridge Island Municipal Code is hereby amended to read
as follows:
2.24.070 Compensation.
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 state industrial insurance program. A
Court Security Officer performing security or safet functions as a reserve officer for the
City shall be aid for all hours during which safety or security reserve duties are
performed.
Section 2. This ordinance shall take effect and be in force five (5) days from its passage,
approval, and publication as required by law.
PASSED BY THE CITY COUNCIL this 19th day of January, 2016.
APPROVED BY THE MAYOR this 19" day of Jan ary, 2016.
U 1 WlenMQor
ATTEST/AUTHENTICATE:
Rosalind D. Lassoff, CMC, City Clerk
FILED WITH THE CITY CLERK: December 30, 2015
PASSED BY THE CITY COUNCIL: January 19, 2016
PUBLISHED: January 22, 2016
EFFECTIVE DATE: January 27, 2016
ORDINANCE NUMBER: 2016-05
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