§ 2-548. Police Officers.

(a)

Qualifications. Any person employed by the City as a Police Officer shall meet the requirements for appointment or certification of persons as Peace Officers, as provided in O.C.G.A. § 35-8-8, and such other qualifications as the Mayor and City Council shall prescribe.

(b)

Minimum qualifications. Any person applying to the City to serve as a Police Officer shall:

(1)

Be at least 21 years of age;

(2)

Be a citizen of the United States;

(3)

Have a high school diploma or its recognized equivalent;

(4)

Not have been convicted, by any State or by the Federal government, of any crime, the punishment for which could have been imprisonment in a Federal or State prison or institution; nor shall he have been convicted of sufficient misdemeanors to establish a pattern of disregard for the law; provided that, for purposes of this paragraph, violations of traffic laws and other offenses involving the operation of motor vehicles when the applicant has received a pardon shall not be considered;

(5)

Be fingerprinted and a search made of local, State, and National fingerprint files to disclose any criminal record;

(6)

Possess good moral character as determined by investigation under procedure established by the Georgia Peace Officer Standards and Training Council;

(7)

Have an oral interview with the Mayor and City Council to determine such things as applicant's appearance, background, and ability to communicate;

(8)

Be found, after examination by a licensed physician or surgeon, to be free from any physical, emotional, or mental conditions which might adversely affect his exercising the powers or duties of a Police Officer; and

(9)

Successfully complete a job related academy entrance examination provided for and administered by the Council in conformity with State and Federal law. Such examination shall be administered prior to entrance to the basic course provided for in O.C.G.A. §§ 35-8-9 and 35-8-11. The Council may change or modify such examination and shall establish the criteria for determining satisfactory performance on such examination. Peace Officers who do not perform satisfactorily on the examination shall be ineligible to retake such examination for a period of six months after an unsuccessful attempt. The provisions of this paragraph establish only the minimum requirements of academy entrance examinations for Peace Officer candidates in this State; each law enforcement unit is encouraged to provide such additional requirements and any preemployment examination as it deems necessary and appropriate.

(c)

Bond and oath. Prior to entering upon the duties of their respective offices, all officers of the Police Department shall take and subscribe the oath prescribed by the Mayor and Council.

(d)

Duties. It shall be the duty of the officers of the Police Department to acquire a full knowledge of and to enforce all of the ordinances of the City and all statutes applicable therein, to become familiar with the rules and regulations established by the Chief of Police concerning the discipline, good order, proper conduct, care, and management of the Police Department, and to respect and obey all orders of the Chief of Police not in conflict with the law or ordinances of the City.

(e)

Conduct. Every member of the Police Department shall conduct himself in a proper and law-abiding manner at all times and shall avoid the use of unnecessary force. Prohibited conduct shall include, but not be limited to, the following:

(1)

Absence from regular hours of duty without permission;

(2)

Sleeping on duty;

(3)

Insubordination or disobedience of orders;

(4)

Drinking any malt or intoxicating beverage while on duty or in uniform;

(5)

Willful maltreatment of any person or prisoner;

(6)

Using profane language;

(7)

Giving out or releasing any information covering the affairs, business or operation of the Police Department without the consent of the Chief of Police;

(8)

Receiving or accepting a reward from any person for any services rendered in the line of duty;

(9)

Accepting bribes of money, gifts, or other articles of apparent or actual value, or accepting any fee, reward, or gift of any kind from a person arrested or from any friend in his behalf while he is in custody or after his release or discharge; or

(10)

Active participation in any political campaign to the neglect of his official duty.

(f)

Penalties for improper conduct. Any Police Officer violating the rules or regulations of the Police Department or of this Code, upon conviction therefor by the City Council, after due notice and hearing, or upon the plea of guilty, shall be reprimanded, fined, suspended, or dismissed by the City Council. Any one or more of said penalties may be imposed in the discretion of the City Council.

(g)

Arms and uniforms. Each officer and member of the Police Department shall be furnished with such uniform, arms, and police equipment as provided for by the City Council. Uniforms shall be kept clean and pressed and shall be worn on duty at all times, unless otherwise ordered by a superior officer. The equipment, arms and uniforms furnished by the City shall be and always remain the property of the City and shall be, when a change is ordered or on retirement from office, returned to the City. The members of the Police Department shall be liable on their bonds for any loss or careless destruction of or damage to their arms and uniforms.

(h)

Arrests. Police Officers of the City may make arrests for violations of municipal ordinances and State laws when such violations are committed in their presence or when they have obtained a valid arrest warrant from the Judge of the Municipal Court or from some other proper authority. In exercising such power of arrest, all Police Officers shall see that all necessary warnings are given to the accused as required by law.

Note— The U.S. Supreme Court has stated that whenever a person is deprived of his freedom in any significant way by the police, he is entitled by law to the following warnings: That he has a right to remain silent; that any statement he makes can and will be used as evidence against him in a court of law; that he has the right to consult with an attorney and have him present during interrogation; and that if he can be imprisoned for the offense and cannot afford to hire a lawyer, one will be appointed to represent him prior to any questioning. Neither the nature of the offense nor the nature of the penalty will affect a citizen's right to these warnings if he is in fact deprived of his freedom in some significant way. The consequence of the failure to give such warnings will be suppression in court of any self-incriminating statements made by the defendant. See Miranda v. Arizona , 384 U.S. 436, and Argersinger v. Hamlin, 407 U.S. 25. Obstructing or hindering a law enforcement officer in the lawful discharge of his official duties is a misdemeanor. Resistance with violence is a felony. (See O.C.G.A. § 16-10-24.) For an in-depth treatment of the subject of criminal arrest, see "Criminal Arrest in Georgia: A Manual for Peace Officers" (Athens: Institute of Government, University of Georgia, 1974).

(i)

Entering private dwellings. No Police Officer shall enter a private dwelling without a search or arrest warrant unless he is in pursuit of a fugitive whom the officer has personal knowledge or probable cause to believe has committed or attempted to commit a felony.

(j)

Disposition of stolen, abandoned, or impounded property.

(1)

All personal property which comes into the custody of the Police Department, where said property has been stolen or impounded or where the ownership is unknown, shall be held for a reasonable period awaiting claim by its owner. The owner of said property, upon proving ownership and paying all expenses and costs, including reasonable charges for storage, shall have the right to have such property returned to him.

(2)

If after the expiration of the period, the property is unclaimed, the Chief of Police shall advertise the property for sale in the newspaper in which the City's legal advertisements are printed. Such advertising shall take place at least ten days before the date set for the sale and shall give a description of the property to be sold and specify the time and place of sale. If the property is still unclaimed by the time of the sale, it shall be sold as advertised and the proceeds shall be placed in the City treasury.

(Code 1978, § 2-323)

State law reference

Law enforcement officer appreciation day, O.C.G.A. § 1-4-6; Peace Officer Memorial Day; police week, O.C.G.A. § 1-4-7; compensation to be by fixed salary only, O.C.G.A. § 36-30-9.