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HomeMy WebLinkAbout2019-03-8563ORDINANCE 2019 -3-8563 AN ORDINANCE ESTABLISHING A 911 COMMUNICATIONS DIVISION OF THE PADUCAH POLICE DEPARTMENT, ABOLISHING THE 911 COMMUNICATIONS DEPARTMENT, AND DECLARING AN EMERGENCY TO EXIST WHEREAS, The Kentucky State Police/Federal Bureau of Investigations Policies (KSP/FBI) require that the National Crime Information Center (NCIC) License, software, and terminal be within the supervision and purview of the Chief of Police of the Paducah Police Department; and WHEREAS, the Emergency 911 Communications Department which has access to the NCIC currently exists as a standalone department of the City of Paducah not subject to the supervision and purview of the Chief of Police; and WHEREAS, failure to comply with KSP/FBI's NCIC provisions could subject the City of Paducah to sanctions, including seizure of the National Crime Information Center (NCIC) Terminal; and WHEREAS, seizure of the NCIC terminal would hinder the effectiveness of local law enforcement and result in imminent threat to the safety of citizens of Paducah and McCracken County; and WHEREAS, the City Manager has made a written determination that an emergency exists which will cause public harm in the event of a delay; NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF THE CITY OF PADUCAH, KENTUCKY: SECTION 1. That the City of Paducah, Kentucky hereby amends Chapter 2 of the Paducah Code of Ordinances as follows: Sec. 2-211 Establishment The following departments of the city are hereby established under the direction and supervision of the city manager: Administrative. Finance. Personnel. Police. Fire. Public Works. Engineering. Parks Services. Planning. 911 rl.m-ml,,-.ie-At;A,..s C2o,.yiees DIVISION 4. — POLICE DEPARTMENT Sec. 2-272. — Fees for services rendered by department. (a) The Police Department is hereby authorized to charge and collect for the following services the following fees: For preparing and furnishing, upon request therefor, a photocopy of a motor vehicle accident report on record in the offices of the Police Department, the sum established by the Police Department; Fees collected for provision of Emergency 911 services, as set forth in Sec. 2.282. Sec. 2.279. 911 Communications Services Division Established. There is hereby established a division of the Paducah Police Department, entitled "911 Communications Services" for the purpose of providing emergency 911 services to the City of Paducah, its citizens and visitors. Sec. 2.280. Emergency Communications Services Manager. (a) Position Established. There is hereby created and established the position of 911 Communications Services Manager. Duties. The 911 Communications Services Manager shall have the general responsibility of supervising the Department's employees and the day to day functions of the Division, except that the Chief of Police shall have exclusive management/control of all communication terminals which access LINK/NCIC/National Law Enforcement Telecommunications System (NLETS) riles, including employee training and discipline related to communication terminals which access LINK/NCIC/National Law Enforcement Telecommunications System (NLETS). The 911 Communications Services Manager shall have the responsibilty of providing emergency 911 services for the city and other agencies that contract for services. The 911 Communications Services Manager shall have all general authorities and powers necessary to carry out these responsibilities and shall report to the Chief of Police. (e) Authority. The 911 Communications Services Manager is authorized to retain, with approval of the City Manager, an independent certified public accountant who shall audit, not more often than once every twelve (12) months, the books of any private commercial telephone service or owner of a dispersed private telephone system (DPTS) that provides local and 911 emergency service to subscribers for compensation under KRS 65.760, et seq., for the following purposes: M To verify the accuracy of collection, receipts, and disbursements of all fees; and To verify the accuracy of the number of 911 subscribers to any private commercial telephone services or DPTS. The indeAendent certified Aublic accountant shall make available a report of the audit of the 911 Communications Services Division to the 911 Communications Manager, the Chief of Police, the Financial Director, the City Manager, and the Mayor. The independent certified public accountant shall also forward a copy of the audit to the appropriate officer for any private commercial telephone service or DPTS. Sec. 2.281. 911 Communications Services Division Employees. (a) Civilian Employees. Employees of the 911 Communications Services Division shall be unsworn civilian employees and shall not be entitled to the rights and procedures set forth in KRS 15.520, et seq. Hiring, Firing, and Discipline. The 911 Communications Services Manager shall make recommendations to the Chief of Police as to the hiring, firing, and discipline of 911 Communications Services Division employees. The Chief of Police shall have final authority as to all hiring, firing, and disciplinary decisions concerning any employee in the 911 Communications Services Division who has authority to access the NCIC Terminal. The hiring, firing, and disciplinary authority for 911 Communications Services Division employees who do not have authority to access the NCIC Terminal is the same as for all other civilian employees of the Paducah Police Department. Sec. 2.282. Fees for Services. (a) All telephone companies providing telephone service to residents of the City of Paducah shall collect from each line the sum of $2.50 per month, beginning July 1, 2016. All telephone companies shall remit all fees to the City of Paducah within ten (10) days after the end of each month. (c) All telephone companies providing services to persons/entities for whom the City of Paducah provides 911 services shall be subject to the audit procedure outlined in Sec. 2-280(c). Sec. 2.283. Authorization to Contract. The Mavor, on behalf of the city, is authorized to execute a letter of intent, lease, and/or service agreement providing for the implementation, maintenance, and funding of the 911 Communications Services Division of the Paducah Police Department. The Mayor, on behalf of the city, is further authorized to contract with other agencies, for a fee, to provide 911 services therefor. Sec. 2.284. Penalties. Any person and/or entity in violation of the provisions of section 2-282(a) or (b) shall be subiect to a penalty equal to five (5) percent of the total fees due for each day or fraction thereof that the fees for services is late. ■- -. SECTION 2. Emergency Declared. Pursuant to KRS 83A.060, the City Commission suspends the requirement of a second reading of this ordinance. As grounds therefor, the City Commission does hereby declare an emergency to exist due to the need for immediate action to prevent public harm that would result from seizure of the NCIC terminal. SECTION 3. Effective Date. This ordinance shall become effective immediately upon its adoption by affirmative vote of 2/3 or more of the legislative body. i Brandi Harless, Mayor ATTEST: Lindsay Parish, ply Clerk Introduced & Adopted by the Board of Commissioners March 12, 2019 Recorded by Lindsay Parish, Paducah City Clerk, March 12, 2019 Published by The Paducah Sun, March 15, 2019 ORD\Creating 911 as Division of the Paducah Police Department Ordinance Prepared by Stacey Blankenship — KKHB 225926