reserve by-laws

I. Purpose of the Police Reserves
The Charlotte-Mecklenburg Police Reserve derives its authority from Section 4.61 (16) of the Charter of the City of Charlotte. The City Council may authorize the City Manager to appoint auxiliary members of the Fire and Police Departments without previous examination by the Civil Service Board, who, when called to duty by the Chiefs of their respective departments, shall have all the powers and duties of regular members of the Police and Fire Departments. The members of the Police Reserve serve at the pleasure of the Chief of Police and shall be subject to discharge without a hearing before the Civil Service Board by the City Manager.

Members of the Police Reserve shall be subordinate to the members of the Charlotte-Mecklenburg Police Department and shall obey any lawful order given by a sworn member of the Police Department. These by-laws, the rules and regulations of the Charlotte-Mecklenburg Police Department, including the departmental directives, shall govern members of the Police Reserve.

II. Qualifications and Training
Minimum Requirements and Training
1. Applicants must be al least 21 years of age and have a high school diploma or its equivalency.

2. Reserve Officers must be able to meet the required minimum standards for State certification for law enforcement officers.

3. As of the effective date of this policy, no person may be appointed as a Reserve Officer that is currently serving as a law enforcement officer or employed under the provisions of NCGS Chapter 74C Private Protective Services or NCGS 74E Company Police Act.

4. Any sworn member of the Charlotte-Mecklenburg Police Department may be appointed to the Reserve upon his or her retirement or resignation from the Department, upon the approval of the Chief of Police and the Reserve Commander. Such an officer may transfer his or her rank from the Department to the Reserve. In addition, a retired officer shall be exempt, upon that officers written election, from all Reserve work hour requirements for one year following his or her appointment to the Reserve. However, he or she shall be required to complete all mandatory in service training.

Reserve Training and Required Hours
1. Each applicant must be certified as a law enforcement officer by the North Carolina Criminal Justice Education and Training Standards Commission before being appointed as a Reserve Officer.

2. Each newly appointed Reserve Officer shall be placed on a one-year probationary period and begin a Field Training Program. During the probationary period, the Reserve Officer shall work with a full-time sworn Charlotte-Mecklenburg Police Field Training Officer or Reserve Training Officer, or any combination thereof, until such time as the Reserve Officer successfully completes the Field Training Program.

III. Structure and Organization within the Police Reserves
The Police Reserve shall be headed up by a Reserve Commander who shall be appointed by the Chief of Police.

A. The Chief of Police shall appoint a Charlotte-Mecklenburg Police Department Liaison Officer. The Reserve Commander shall be responsible to the Liaison Officer in the day-to-day operations of the Police Reserve. The Chief of Police may appoint a committee of police majors for the purposes of management, oversight and policy development for the Reserve.

B. The Reserve Commander shall make promotions upon concurrence of the Liaison Officer. Credit shall be allowed for prior service as a full time Charlotte-Mecklenburg Police Officer. Promotions shall be made from the current roster of the Reserve and candidates will be selected from a list provided by the Reserve Promotion Review Board. The basic requirement for the rank of sergeant shall be a minimum of two years of service as a patrol officer. The basic requirement for the rank of captain shall be a minimum of three years of service as a sergeant The basic requirement for the rank of major shall be a minimum of one year of service as a captain. Consideration for promotion shall be based on a candidate's overall performance of duty, ability to direct the actions of others, disciplinary record, recommendations by his or her immediate supervisor, length of service in the Reserve and the number of hours he or she has worked.

C. Demotions, Suspensions, and Terminations � The Reserve Commander and the Liaison Officer shall have the authority to demote or suspend any member of the Charlotte-Mecklenburg Police Reserve for violations of Reserve rules and regulations, departmental directives, or the inability to perform the tasks necessary for the particular rank or position. A suspension shall be enforced by having the Reserve Officer turn in his or her Department issued equipment and identification for a specified time period, as designated by the Reserve Commander and the Liaison Officer. A Reserve Officer may be terminated by the City Manager upon recommendation of the Chief of Police.

D. Retirement � A member in good standing, who has completed fifteen (15) years of service with the Reserve may retire from the Charlotte-Mecklenburg Police Reserve. Such officer may receive his or her service pistol upon retirement. The Reserve Commander, the Liaison Officer, and the Chief of Police shall approve all such retirements.

E. Resignation � Any Reserve Officer who elects to resign must submit a written resignation to the Reserve Commander. This resignation shall be filed in the officer's personnel file and will remain a part of his or her permanent record. All uniforms and equipment issued shall be returned by the officer to the Charlotte-Mecklenburg Police Department.

IV. Responsibilities and Conduct of Reserve Officers
Conduct of Reserve Police Officers must not bring undue criticism to the Police Reserve or to the Charlotte-Mecklenburg Police Department. Such conduct applies both on and off duty and includes the following:

1. Each Reserve Officer shall comply with the directives, rules of conduct, and the by-laws issued by the Charlotte-Mecklenburg Police Department and the Charlotte-Mecklenburg Police Reserve. Violation of any of the above may result in termination of appointment to the Reserve.

2. The office of the Police Reserve shall not be used for personal gain or favor.

3. A Reserve Officer shall not work in any capacity of law enforcement secondary employment without approval of the Reserve Commander and the Liaison Officer. A Reserve Officer who has met the Reserve requirements for working secondary employment may be approved by the Reserve Commander and the Liaison Officer for secondary employment. All such secondary employment must be consistent with department policy.

4. All public speeches and appearances by a Reserve Officer in his capacity as a Reserve Officer shall be approved in advance by the Reserve Commander and/or the Liaison Officer prior to the presentation of the speech or public appearance.

5. Each Reserve Officer shall comply with the provisions of the North Carolina General Statutes and Departmental policy concerning the carrying of concealed firearms.

6. A Reserve Officer may not volunteer as a reserve officer for another law enforcement agency while he or she is serving as a reserve officer for the Charlotte-Mecklenburg Police Department.

Required Hours for Reserve Officers
1. Each Reserve Officer shall devote a minimum of 12 hours per month to the Police Reserve. This 12-hour minimum does not relieve the Reserve Officer from working special assignments.

For the rank of sergeant and above Administrative Hours may be included in an officers total hours but may not be included as part of:

12 hour monthly minimum or
18 hour minimum for secondary employment.

2. Each Reserve Officer is required to attend all monthly meetings. Any officer who is absent from a monthly meeting or an assignment shall be required to provide a written explanation to and/or meet with the Reserve Command Staff, unless the absence was excused by a superior officer. The Reserve Command Staff's decision to excuse an officer who is absent from a meeting or an assignment is final.

All applicable directives and policies of the City of Charlotte and the Charlotte-Mecklenburg Police Department shall apply to the Police Reserve.

1. Each member of the Charlotte-Mecklenburg Police Reserve shall submit a monthly time report (Form S-5PD or the equivalent) indicating the hours he or she has worked and the areas of assignment. This report is due no later than midnight of the 5th day of the month following the month worked. Any Reserve Officer who fails to submit a monthly time report or is late in submitting such a report shall provide a written explanation to and/or meet with the Reserve Command Staff.

2. All Reserve Officers with the rank of sergeant or above shall be addressed by their correct title and name when in the performance of their duties.

3. Each Reserve Officer shall notify Administrative Services for the Charlotte-Mecklenburg Police Department, on the departmental approved form, as well as notify his or her immediate supervisor, of any change in his or her address or telephone number within 24 hours after such change becomes effective. The supervisor shall notify the Reserve Commander or his or her designee within 48 hours of receiving notice of such a change.

4. Each member of the Charlotte-Mecklenburg Police Reserve shall carry his or her identification card and/or badge at all times. Any Reserve Officer whose identification card and/or badge is lost or stolen shall report it to the Liaison Officer, in writing, within 24 hours after such loss or theft is discovered.

5. A Reserve Officer shall notify his or her supervisor whenever he or she is unable to report for an assignment.

6. Each Reserve Officer is required to communicate with his or her immediate supervisor at least once a week, or as instructed by said supervisor.

7. The Reserve Commander shall have the authority to establish boards and/or committees to carry out the functions of the Reserve and may also dissolve the same in his or her discretion.

8. Any Reserve Officer desiring a "leave of absence" shall submit a written request to the Reserve Commander through the officer's chain of command. The Reserve Commander and the Liaison Officer shall review such a request and shall make a recommendation to the Chief of Police. The maximum leave period is 6 months in any 12-month period.

V. Binding Effect of By-Laws
The Reserve Commander, the Liaison Officer, and the Chief of Police shall jointly have the authority to make any amendment to or repeal the existing by-laws. The by-laws shall remain in full force and effect until amended or repealed, unless extenuating or emergency circumstances necessitate a change.

Any amendment to the by-laws shall be communicated in writing to all Reserve Officers.