Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 98 — Law Enforcement

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§ 98-1

Code enforcement agents.

Sec. 98-1. Code enforcement agents.

(a)The police chief or his or her designee shall have the authority to appoint code enforcement agents who shall not be regular police officers in the department of police but who shall have the power to serve subpoenas, citations and summonses for the violation of, or failure to comply with, any section of this Code or ordinance of the city, the requirements thereof or of any order or direction made pursuant to the provisions contained in any section of this Code or ordinance of the city which shall not have been complied with.

(b)All persons appointed or who shall desire appointment as code enforcement agents to operate within the city shall apply to the police chief or his or her designee for a permit. The police chief or designee may set an expiration date for the permit.

(c)The application for the permit required by subsection (b) shall show the name and address of the applicant, the applicant's job title, place of employment, and department head and shall have attached thereto a photograph of the applicant, together with sufficient fingerprints to definitely identify the applicant. The applicant and his or her department head must sign the application. The department head must attest to the applicant's training for the job and the physical and mental qualifications to be a code enforcement agent. The police chief or his or her designee is specifically authorized to require additional information from the applicant or department head. Upon receipt of the application, the police chief or designee shall cause a criminal history check to be made of the applicant and shall thereafter grant or deny the permit.

(d)Only city employees in job classifications that require enforcement of the City Code, or employees or agents of persons or entities with whom the City of Atlanta contracts, whose functions require enforcement of the City Code, are eligible to become code enforcement agents. The chief of police and the commissioner of human resources or their designees will create and maintain a list of such job classifications.

(e)The city solicitor will train applicants in enforcement procedures prior to their being sworn in.

(f)On satisfactory completion of the enforcement training, the police chief or designee will issue badges and identification cards to the code enforcement agents and swear them in.

The police chief or the chief's designee is authorized, in accordance with Georgia law, to administer the oath of office to all code enforcement agents employed by the City of Atlanta. When taken, the agent shall sign the official oath and copies thereof shall be filed with the Fulton county Probate court and in the personnel records of the agent so sworn. That oath shall take the following form:

I, , do solemnly swear (or affirm) that I am duly qualified, according to the City Code of Ordinances and the poli-cies of my department of employment, to perform the duties imposed upon me as a Code Enforcement Agent of the City of Atlanta, Georgia, and that I will, to the best of my ability, discharge the duties thereof.

I further swear that I will enforce the ordinances of the City of Atlanta that are particular to my job assignment, abide by the direction given me by the Office of the City Solicitor and the Atlanta Police Department, and uphold the Ethics Code of the City of Atlanta. In doing so, I will be mindful of the trust that has been placed in me to improve the quality of life and make every effort to live up to that trust. I will not persecute the innocent, nor help to shield the guilty, nor will I be influenced in the discharge of my duties by fear, favor, affection, or reward.

(g)Status as a code enforcement agent does not confer any additional benefits or authority other than specified in this section. A code enforcement agent does not have the power of physical arrest.

(h)The chief of police or designee will investigate allegations of abuse of authority by a code enforcement agent; the department head will cooperate with the investigation. The chief of police or designee may suspend or cancel a person's status as code enforcement agent if he or she fails to meet the requirements or abuses the authority.

(i)The department head of a code enforcement agent must return the badge and identification card to the police department if that agent's status is canceled under subsection (h) or if the individual is no longer employed or assigned in a qualifying classification.

(j)It shall be unlawful for any person, not authorized as a code enforcement agent, to act as a code enforcement agent or to represent such person as a code enforcement agent or to wear the badge of a code enforcement agent.

(k)As applied to an employee or agent of a person or entity with whom the City of Atlanta contracts, the department of employment referenced in this section shall be the head of the using agency as defined in section 2-1102 of this code, the department head referenced in this section shall be the head thereof, and the job assignment referenced in this section shall be the functions assigned to the employee or agent by the person or entity with whom the City of Atlanta contracts. (Ord. No. 2004-66, § 1, 9-28-04; Ord. No. 200671, § 1, 10-11-06; Ord. No. 2024-40(24-O-1445), § 1, 9-25-24)

§ 98-2

Criminal justice coordinating council.

Sec. 98-2. Criminal justice coordinating council.

(a)There is hereby created a criminal justice coordinating council to study, monitor, assess, and make recommendations for improving all aspects of the city's criminal justice system.

(b)The criminal justice coordinating council shall consist of the following members: the mayor or his/her designee, the president of the city council or his/her designee, the chief of police or his/her designee, the chief of the department of corrections or his/her designee, the chief judge of the municipal court or his/her designee, the chair of the city council public safety and legal administration committee or his/her designee, the city solicitor or his/her designee, the public defender or his/her designee, the director of the office of code compliance or his/her designee, and two (2) members of the community appointed by a majority of the members of the criminal justice coordinating council.

(c)(1) Each associate judge of the municipal court shall serve as an ex officio nonvoting member.

(2)Each member shall serve during the term of his/her service to the city, or at the pleasure of his/her appointing authority.

(d)The criminal justice coordinating council shall meet no less than four times annually. A majority of its members shall constitute a quorum for conducting business. The chairperson shall be elected from among the council's members. The members shall receive no compensation, but shall be entitled to their actual and necessary expenses incurred in the performance of their duties.

(e)The criminal justice coordinating council shall undertake and fulfill the following duties:

(1)To develop, encourage and coordinate communication and cooperation among all components of the city's criminal justice system, and all law enforcement agencies operating within the city; and between the criminal justice system and the citizens of this city;

(2)To study, research, investigate, monitor, evaluate, and report objectively all aspects of the criminal justice system;

(3)To take steps to ensure the maximum possible appearance rate for police officers for all hearings on all charges of violations of the city;

(4)To put in place an effective system for reporting to the police chief any absences from scheduled court appearances by police officers;

(5)To take steps to educate the court system and judges as to appropriate alcohol and substance abuse facilities for repeat offenders of the Atlanta City Code's public intoxication or substance abuse ordinances, including but not limited to sections 10-8 and 10-9 of the city Code, and to encourage the use of alcohol and substance abuse treatment facility rehabilitation as alternative sentencing measures for such repeat offenders;

(6)To study the effectiveness of the probation office in monitoring and supervising repeat offenders of violations of the Atlanta City Code;

(7)To create, when directed by council and the mayor, a public report which reflects the performance of the criminal justice system for the city, including convictions and dismissal rates, reasons for dismissals, if any, numbers of repeat offenders and sentencing for such repeat offenders, including the numbers of repeat offenders convicted of public intoxication or substance abuse ordinances referred to alcohol or substance abuse program, as well as having mentally impaired persons referred to the appropriate evaluation and diagnostic facility for care and treatment;

(8)To make findings and recommendations to the mayor, the city council, the police chief, department of corrections, the chief judge and administrator of the court, and the public, no less than annually as to needed changes in the criminal justice system, and legislation required to effectuate such changes; and

(9)To develop recommendations for innovative programs that may be undertaken to address identifiable problems with the objective of preventing and reducing crime and enforcing and properly prosecuting violations of the City Code.

(Ord. No. 1996-86, § 1, 11-12-96; Ord. No. 1997-09, § 1, 2-25-97; Ord. No. 1998-20, §§ 1, 2, 3-23-98; Ord. No. 2000-1, §§ 1, 2, 1-11-00; Ord. No. 2005-03, § 9, 1-10-05; Ord. No. 2011-55(11O-1766), § 1, 12-14-11; Ord. No. 2013-15(13-O0640), §§ 1, 2, 5-15-13)

§ 98-3

Mattie's Call.

Sec. 98-3. Mattie's Call.

The chief of police and or his/her designee shall have the authority to establish the implementation of a "Mattie's Call" in the City of Atlanta. This authority shall include, but not be limited to:

(1)The chief of police and/or his/her designee to establish criteria to determine when a missing person case justifies the activation of a "Mattie's Call."

(2)Coordination and support by Metro Atlanta Law Enforcement, emergency management and broadcasters to issue an urgent bulletin in missing persons cases that involved persons with Alzheimer, Dementia, and other mental disabling conditions.

(3)Development of a contact list for the immediate dissemination of information regarding the missing person to agencies that shall include, but not be limited to: the Emergency Alert System (EAS), all broadcast media, Metro Atlanta Homeless Shelters and Facilities, hospitals, jails, area law enforcement agencies such as MARTA, state, college, university, downtown ambassadors, private security agencies, mayor's office of constituents services, mayor's office of communications, as well as, city field personnel through various departments (watershed, public works, planning, traffic and transportation, etc.).

(Ord. No. 2004-39, § 1, 6-24-04)

Secs. 98-4—98-9. Reserved.

§ 98-10

Atlanta Public Safety and Judicial Facilities Authority.

Sec. 98-10. Atlanta Public Safety and Judicial Facilities Authority.

(a)[Created]. There is hereby created an authority to be known as the "Atlanta Public Safety and Judicial Facilities Authority", hereinafter called the authority.

(b)Directors.

(1)The authority shall consist of five voting directors who are residents of the City of Atlanta and two ex-officio non-voting members, who shall be the Chief Operat-ing Officer of the City of Atlanta and Chief Financial Officer of the City of Atlanta.

(2)Four directors will be appointed by a majority of council members present and voting on these appointments. The appointments will be made in the following manner:

Council Districts 1, 2, 3, 4 and Post 1;

Council Districts 5, 6, 7, 8 and Post 2;

Council Districts 9, 10, 11, 12 and Post 3;

Council President.

One director shall be appointed by the mayor. No appointment may be a current member of the city council.

(3)All appointments shall be for a term of four years with the option to be reappointed for another four year term. The directors shall receive no compensation for their services but shall be reimbursed for their actual expenses incurred in the performance of their duties.

(4)The authority may make bylaws and regulations for the governing of the authority and may delegate to one or more officers, agents, and employees of the authority such powers and duties as may be deemed necessary and proper.

(5)A majority of the full board of voting directors shall constitute a quorum for the transaction of business of the authority; further, any action with respect to any project of the authority must be approved by the affirmative vote of a majority of the voting directors.

(c)Officers. The authority shall hold an organization meeting in January of every year to elect one of the directors as chairperson and one as vice chairperson. The authority shall also elect a secretary and a treasurer or a secretarytreasurer, either of who may be a director.

(d)Powers and duties. The authority shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provi-sions of this chapter, including, but without limiting the generality of the foregoing, the power:

(1)To bring and defend actions;

(2)To adopt and amend a corporate seal;

(3)To acquire, construct, improve, or modify, to place into operation, and to operate or cause to be placed into operation, either as owner of all or of any part in common with others, a project or projects within the political subdivision in which the authority is activated and within other political subdivisions, and to pay all or part of the cost of any such project or projects from the proceeds of revenue bonds of the authority or from any contribution or loans by persons, firms, or corporations or any other contribution, all of which the authority is authorized to receive, accept, and use;

(4)To acquire, in its own name, by purchase on such terms and conditions and in such manner as it may deem proper or by gift, grant, lease, or otherwise, real property or rights and easements therein and franchises and personal property necessary or convenient for its corporate purposes, which purposes shall include, but shall not be limited to, the constructing or acquiring of a project, the improving, extending, adding to, reconstructing, renovating, or remodeling of any project or part thereof already constructed or acquired, or demolition to make room for such project or any part thereof, and to insure the same against any and all risks as such insurance may, from time to time, be available; the authority may also use such property, rent or lease the same to or from others, make contracts with respect to the use thereof, or sell, lease, exchange, transfer, assign, pledge, or otherwise dispose of or grant options for any such property in any manner which the authority deems to the best advantage of itself and its purposes; provided, however, that the powers to acquire, use, and dispose of property as set forth in this paragraph shall include the power to acquire, use, and dispose of any interest in such property, whether divided or undivided, which acquisition may result in the ownership of such property or any part thereof in common with any other party or parties, public or private; and title to any such property of the authority, however, shall be held by the authority exclusively for the benefit of the public;

(5)To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be acquired or constructed; provided that all private persons, firms, and corporations, this state, and all political subdivisions, departments, instrumentalities, or agencies of the state or of local government are authorized to enter into contracts, leases, or agreements with the authority upon such terms and for such purposes as they deem advisable; and without limiting the generality of the above, authority is specifically granted to counties and municipal corporations and to the authority to enter into contracts, lease agreements, or other undertakings relative to the furnishing of project activities and facilities or either of them by the authority to such political subdivisions and by such political subdivisions to the authority for a term not exceeding 50 years;

(6)To exercise any one or more of the powers, rights, and privileges conferred by this Code section either alone or jointly or in common with one or more other public or private parties or public and private parties; in any such exercise of such powers, rights, and privileges jointly or in common with others with respect to the construction, operation, and maintenance of project facilities, the authority may own an undivided interest in such facilities with any other party with which it may jointly or in common exercise the rights and privileges conferred by this chapter; the authority may enter into an agreement or agreements with respect to any such project facility with the other party or parties participating therein; any such agreement may contain such terms, conditions, and provisions, consistent with this chapter, as the parties thereto shall deem to be in their best interests; any such agreement may include, but need not be limited to, provisions for the construction, operation, and maintenance of such project facility by any one or more party of the parties to such agreement, which party or parties shall be designated in or pursuant to such agreement as agent or agents on behalf of itself and one or more of the other parties thereto, or by such other means as may be determined by the parties thereto, and may include provisions for a method or methods of determining and allocating, among or between the parties, costs of construction, operation, maintenance, renewals, replacements, improvements, and disposals with respect to such facility; in carrying out its functions and activities as such agent with respect to construction, operation, and maintenance of such a facility, such agent shall be governed by the laws and regulations applicable to such agent as a separate legal entity and not by any laws or regulations which may be applicable to any of the other participating parties; provided, however, the agent shall act for the benefit of the public; notwithstanding anything contained in any other law to the contrary, pursuant to the terms of any such agreement, the authority may delegate its powers and duties with respect to the construction, operation, and maintenance of such facility to the party acting as agent; and all actions taken by such agent in accordance with the provisions of such agent in accordance with the provisions of such agreement may be binding upon the authority without further action or approval of the authority;

(7)To extend credit or make loans to any person, firm, corporation, or other industrial entity for the planning, design, construction, acquisition, or carrying out of any project, which credit or loans shall be secured by loan agreements, mortgages, security agreements, contracts, and all other instruments or fees or charges, upon such terms and conditions as the authority shall determine reasonable in connection with such loans, including provision for the establishment and maintenance of reserves and insurance funds, and in the exercise of powers granted by this Code section in connection with a project for such person, firm, corporation, or other industrial entity, to require the inclusion in any contract, loan agreement, security agreement, or other instrument of such provisions for guaranty, insurance, construction, use, operation, maintenance, and financing of a project as the authority may deem necessary or desirable;

(8)To acquire, accept, or retain equitable interests, security interests, or other interest in any property, real or personal, by mortgage, assignment, security agreement, pledge, conveyance, contract, lien, loan agreement, or other consensual transfer in order to secure the repayment of any moneys loaned or credit extended by the authority;

(9)To accept, receive, and administer gifts, grants, appropriations, and donations of money, materials, and property of any kind, including loans and grants from the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities upon such terms and conditions as the United States of America, this state, or a unit of local government or any of their agencies, departments, authorities, or instrumentalities shall impose; to administer trusts; and to sell, lease, transfer, convey, appropriate, and pledge any and all of its property and assets;

(10)To invest any accumulation of its funds in any fund or reserve in any manner that public funds of this state or its political subdivisions may be invested;

(11)To do any and all things necessary or proper for the accomplishment of the objectives of this chapter and to exercise any power usually possessed by private corporations performing similar functions which is not in conflict with the Constitution and laws of this state, including the power to employ professional and administrative staff and personnel and to retain legal, engineering, fiscal, accounting, and other professional services; the power to purchase all kinds of insurance, including, without limitation, insurance against tort liability and against risks of damage to property; the power to borrow money for any of the corporate purposes of the authority; the power to indemnify and hold harmless any parties contracting with the authority or its agents from damage to persons or property; and the power to act as self-insurer with respect to any loss or liability; provided, however, that obligations of the authority other than revenue bonds, for which provision is made in this chapter, shall be payable from the general funds of the authority and shall not be a charge against any special fund allocated to the payment of revenue bonds;

(12)To mortgage, convey, pledge, or assign any properties, revenues, income, tolls, charges, or fees owned or received by the authority;

(13)To borrow money and issue its revenue bonds and bond anticipation notes from time to time and to use the proceeds thereof for the purpose of paying all or part of the cost of any project, including the cost of extending, adding to, or improving such project, or for the purpose of refunding any such bonds of the authority theretofore issued; and to otherwise carry out the purposes of this chapter and to pay all other costs of the authority incident to, or necessary and appropriate to, such purposes, including the providing of funds to be paid into any fund or funds to secure such bonds and notes, provided that all such bonds and notes shall be issued in accordance with the procedures and subject to the limitations set forth in O.C.G.A. § 36-63-9; provided, however, that the maximum aggregate amount of bonds issued shall be $50,000.000.00; and

(14)As security for repayment of authority obligations, to pledge, mortgage, convey, assign, hypothecate, or otherwise encumber any property, real or personal, of such authority and to execute any trust agreement, indenture, or security agreement containing any provisions not in conflict with law, which trust agreement, indenture, or security agreement may provide for foreclosure or forced sale of any property of the authority upon default on such obligations either in payment of principal or interest or in the performance of any term or condition contained in such agreement or indenture; this state, on behalf of itself and each county, municipal corporation, political subdivision, or taxing district therein waives any right which it or such county, municipal corporation, political subdivision, or taxing district may have to prevent the forced sale or foreclosure of any property of the authority so mortgaged or encumbered, and any such mortgage or encumbrance may be foreclosed in accordance with law and the terms thereof.

(e)No bond or other obligations of and no indebtedness incurred by the authority shall constitute an indebtedness or obligation of the State of Georgia or of the City of Atlanta, nor shall any act of the authority in any manner constitute or result on the creation of an indebtedness of the State of Georgia or the City of Atlanta. (Ord. No. 2005-71, § 1, 11-14-05)

Secs. 98-11—98-25. Reserved.

ARTICLE II. DEPARTMENT OF POLICE* DIVISION 1. GENERALLY

§ 98-26

Duties of police chief.

Sec. 98-26. Duties of police chief.

(a)It shall be the duty of the police chief to formulate and implement rules and regulations for the operations of the department of police. The police chief shall have the authority to promulgate departmental rules and regulations that are consistent with the terms or intent of the laws and ordinances relating to the department. Any changes in the rules and regulations for the operation of the department of police, including the employee work rules, shall be executed by the police chief in writing. The chief of police shall provide the municipal clerk with a copy of the Police Department Work Rules from time to time whenever the same are amended.

(b)It is also the duty of the police chief to:

(1)Administer corrective and disciplinary action for violation of rules and regulations of the department of police. Such action may include but is not limited to formal counseling, oral or written reprimands, retraining and suspension without pay or with or without a monetary fine not to exceed $500.00, which shall be deducted from the employee's salary, or termination.

(2)Suspend any employee with or without pay pending an investigation in which the employee is accused of misconduct if the police chief or the police chief's designee determines that the suspension is in the best interest of the department, the public welfare or accused employee.

*Charter reference—Department of police, app. IV, §§ 1(k), 43 et seq.

Cross references—Departments, § 2-301 et seq.; personnel, ch. 114.

Related laws reference—Police pensions, § 6-221 et seq. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; specific constitutional grant of authority to provide for police protection, Ga. Const. art. IX, § II, ¶ III(a)(1); statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; police officer training, O.C.G.A. § 35-8-1 et seq.

(3)Cause an investigation into an employee's conduct when the employee's conduct indicates probable cause for disciplinary action.

(4)Develop other necessary procedures for the implementation of the rules and regulations.

(c)In accordance with OCGA § 35-1-11, the police chief shall have the authority to designate, equip, and train nonsworn law enforcement employees and firefighters and volunteers to assist in traffic control, provided that such individuals have successfully completed at least one hour of a traffic control training program approved by the Georgia Peace Officer Standards and Training Council. (Ord. No. 2002-80, §§ 1, 2, 11-8-02; Ord. No. 2022-15(22-O-1407), § 2, 6-15-22)

§ 98-26.1

Community policing training and preparedness program (CoPTAP).

Sec. 98-26.1. Community policing training and preparedness program (CoPTAP).

Notwithstanding the foregoing section 98-26 and any and all contrary ordinances, rules, regulations, policies, practices, or procedures, all members of each class of graduates from the police academy, shall be assigned to foot patrol duty for a period of not less than eight weeks. In cases of public emergency which threatens life, health, property or public safety, said police officers may be temporarily reassigned in response to such extreme emergency in the discretion of the chief of police. (Ord. No. 2008-29(07-O-2137), § 1, 5-19-08)

§ 98-27

Functions and duties of department.

Sec. 98-27. Functions and duties of department.

The functions and duties of the department of police are as follows:

(1)Preserve the public peace and good order of the city by the enforcement of applicable laws and ordinances.

(2)Conduct community relations programs.

(3)Conduct crime prevention programs.

(4)Protect the rights of persons and property.

(5)Administer licensing procedures for all licenses issued under the police powers of the city.

(6)Enforce all ordinances applicable to licenses and permits issued under the police powers of the city.

Charter reference—Similar provisions, app. IV, § 45.

§ 98-28

Hiring and firing authority; qualifications of chief.

Sec. 98-28. Hiring and firing authority; qualifications of chief.

(a)The police chief is the hiring and firing authority for the department of police, subject to applicable ordinances, rules and regulations.

(b)In addition to the qualifications set out in Charter, appendix IV, section 3(a), the police chief shall possess experience at a senior supervisory level in the administration and management of police services. The experience must have been gained by virtue of previous government employment.

Charter reference—Additional qualifications of police chief, app. IV, § 43.

§ 98-29

Bureau of taxicabs and vehicles for hire.

Sec. 98-29. Bureau of taxicabs and vehicles for hire.

(a)The department of police shall contain the bureau of taxicabs and vehicles for hire.

(b)The functions and duties of the bureau of taxicabs and vehicles for hire shall include all matters related to inspecting, licensing and regulating taxicabs and vehicles for hire and enforcing provisions of law pertaining to such vehicles.

Charter reference—Similar provisions, app. IV, §§ 44, 46.

Cross reference—Vehicles for hire, ch. 162.

§ 98-30

Qualifications of director, bureau of taxicabs and vehicles for hire.

Sec. 98-30. Qualifications of director, bureau of taxicabs and vehicles for hire.

In addition to the general qualifications set out in Charter, appendix IV, section 3(a), the director, bureau of taxicabs and vehicles for hire shall have the following qualifications:

(1)Graduation from an accredited college or university with a baccalaureate degree and one year of graduate study in business administration, public administra-tion or a related field and three years of supervisory or subsupervisory experience. Experience must have included fleet management, transportation maintenance, management or administration of a regulatory agency or a related area;

(2)Eight years of experience at a supervisory level which include five years in the areas specified in subsection (1) of this section; or

(3)Any equivalent combination of the qualifications stated in subsections (1) and (2) of this section.

§ 98-31

Police recruits.

Sec. 98-31. Police recruits.

(a)The police chief or a designee shall select police recruits from the eligible list, in the order of grade rating on this list, and these selections shall be made in accordance with applicable civil service laws, rules and regulations.

(b)Any person selected as a police recruit shall be duly notified and, upon accepting and reporting for duty, shall be appointed for a probationary period that shall commence upon appointment and continue until six months after the completion of the required training at the police academy.

(c)If the conduct and efficiency shall at any time during the probationary period be unsatisfactory to the police chief or the chief's designee, the person shall be notified in writing, relieved from duty and the person's name stricken from the list. If the person's services during this probationary period shall have been satisfactory to the chief, the person shall be so notified in writing, and the person's name shall be placed on the list of regular police officers.

§ 98-32

Assignments to certain positions without competitive examination.

Sec. 98-32. Assignments to certain positions without competitive examination.

The police chief or the chief's designee is authorized, in that official's discretion, to make assignments to the positions of investigator, senior police officer, major or deputy chief, without reference to competitive examination or eligible lists. Any investigator, senior police officer, major or deputy chief so designated may be removed or transferred at the pleasure of the police chief. Such person so removed or transferred shall thereupon resume the nondiscretionary rank or title in the department of police held immediately prior to such person's discretionary assignment as an investigator, senior police officer, major or deputy chief. Such person shall be notified in writing of the removal or transfer.

§ 98-33

Chaplains.

Sec. 98-33. Chaplains.

(a)The police chief or the chief's designees shall have the authority to allow chaplains in the department of police to utilize city-owned vehicles so long as the use is in the performance of the functions and duties of the department.

(b)Chaplains in the department of police who are authorized by the police chief to utilize city-owned vehicles shall be subject to chapter 2, article XII of this Code.

(c)For the purposes of this section, a chaplain in the department of police is a person who is appointed by the police chief to perform designated services in regard to the functions and duties of the department without remuneration.

§ 98-34

Police guards.

Sec. 98-34. Police guards.

(a)Classification created. The classification of police guard is created in the department of police.

(b)Status, qualifications, compensation. A police guard shall be a temporary employee of the department of police of good character and good health, who shall serve at the pleasure of the police chief.

(c)Uniform, badge. A police guard shall be permitted to wear the regular uniform of the department of police together with a badge of the department of police and a shoulder patch marked "police guard" while engaged in the performance of duties.

(d)Control, supervision, function. When employed, a police guard shall be subject to control and direction by the superior officers of the department of police and shall at all times obey any lawful command or order issued by them. A guard may be assigned to guard duty anywhere in the city, to assist the regular police officers in the performance of regular duties.

(e)Employment by police chief. The police chief shall have the power and authority to employ as many police guards as there are regular position vacancies existing in the department of police from time to time, subject to any ordinance or civil service regulation governing temporary appointments.

(f)Ineligibility for benefits. A police guard shall be employed only on a part-time and a temporary basis and shall not be entitled to any of the benefits of civil service, group insurance, pension benefits or other benefits accorded regular police officers.

§ 98-35

Uniforms.

Sec. 98-35. Uniforms.

(a)Sworn employees. The city council shall provide a uniform or uniform allowance each year to the sworn uniformed employees of the department of police, the costs thereof, or the sum to be paid, not to exceed $800.00. In lieu of providing uniforms to sworn employees who do not wear uniforms as a result of their assignments, the city council shall pay the sum of $800.00 per year, half all sums payable pursuant to this section to be paid in April of each year and half in October.

(b)Civilian employees. The city council shall provide for a uniform or uniform allowance each year to non-sworn personnel of the police department who are required to wear uniforms the cost thereof not to exceed $300.00 per year, to be provided at the discretion of chief of police. (Ord. No. 1997-43, § 2, 8-11-97; Ord. No. 201552(15-O-1452), § 1, 10-28-15)

§ 98-36

Evaluation of employee's mental or physical fitness.

Sec. 98-36. Evaluation of employee's mental or physical fitness.

The police chief is authorized to order an employee of the department of police to submit to an evaluation of the employee's mental or physical fitness for duty, when there is an articulable basis to suspect that an employee may be physically or mentally impaired. If such an evaluation reveals possible impairment, the police chief may make whatever administrative reassignment deemed necessary by the police chief and seek approval from the commissioner of personnel and human resources to invoke the disability process set forth in chapter 114, article IV, division 12 of this Code.

§ 98-37

Employee grievances.

Sec. 98-37. Employee grievances.

It is the policy of the department of police to process and, hopefully, resolve all employee grievances in a manner that is fair and equitable, within as short a timeframe as reasonably possible. To that end, grievances filed by employees of the police department will be addressed pursuant to the procedures and timeframes set out in chapter 114, article VI, division 2 of this Code.

§ 98-38

Arrest powers.

Sec. 98-38. Arrest powers.

The police shall have arrest powers in accordance with local, state and federal law.

§ 98-39

Crimes manifesting evidence of prejudice.

Sec. 98-39. Crimes manifesting evidence of prejudice.

(a)The police chief or the chief's designee shall acquire data on the incidence of criminal acts that manifest evidence of prejudice based on based upon the victim's, or the perception of the victim's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, HIV/AIDS infection, or disability. The crimes with respect to which such data shall be acquired are as follows: homicide, involuntary manslaughter, aggravated assault, simple assault, simple battery, robbery, armed robbery, aggravated battery, burglary, disorderly conduct, aggravated sodomy, rape, theft, arson, vandalism, trespass, criminal defamation, false imprisonment, terroristic threats, damage to or vandalism of property and such other crimes the police chief considers appropriate.

(b)The police chief or the chief's designee shall establish guidelines for the collection of such data, including the necessary evidence and criteria that must be present for finding of evidence of prejudice, and establish procedures for carrying out the purposes of this section.

(c)The police chief shall provide training for police officers in identifying, responding to and reporting all criminal offenses motivated by prejudice based on based upon the victim's, or the perception of the victim's race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation, national origin, gender identity, age, HIV/AIDS infection, or disability.

(d)The police chief or the chief's designee shall quarterly publish a statistical summary of data acquired under this section. A copy of the data shall be made available for public review at the office of the municipal clerk of the city and at the central branch of the county public library. (Ord. No. 1997-17, 4-14-97; Ord. No. 2000-77, 12-12-00)

§ 98-40

Authority to claim compensation or property due because of information provided to federal or state agencies.

Sec. 98-40. Authority to claim compensation or property due because of information provided to federal or state agencies.

(a)The police chief shall be authorized to act on behalf of the city to claim compensation or property due to the city by virtue of information provided to the Internal Revenue Service, the state department of revenue or similar agencies, by agents of the department of police, pursuant to 26 USC 7623 or any similar provisions under state law or due to the city pursuant to state and federal forfeiture statutes or any similar state or federal statute.

(b)Any such information or evidence provided or secured through investigations conducted by agents or officers of the department of police shall remain the property of the state or city or the United States in accordance with state and United States law.

(c)Any such compensation paid to the city by virtue of information provided or secured through investigations conducted by agents of the department of police shall be paid directly into such account maintained for the benefit of law enforcement activities by the department of police, and all property so received shall be entrusted to disposal or utilization by the police chief or the chief's designee.

§ 98-41

Reward fund for drug convictions.

Sec. 98-41. Reward fund for drug convictions.

(a)The police chief is authorized to establish a reward fund for persons who provide the department of police with information which results in the arrest and conviction of persons for violation of the drug laws of the state, when such arrest and conviction is investigated and prosecuted by the department of police. The reward to any such person claiming such reward shall be in an amount not to exceed $500.00 for each case for which information is provided.

(b)The police chief is authorized to receive on behalf of the city donations from the public to establish this reward fund and to pay such rewards in accordance with the exhibit B attached to the ordinance from which this section derives.

(c)The identity of any person who provides information pursuant to this section shall be confidential. The chief financial officer, in conjunction with the police chief or the chief's designee, shall establish methods of payment of any such rewards so as to maintain the confidentiality of any such person; further, all donations received on behalf of the city for this reward fund shall be deposited in the city trust fund and held for disbursement in accordance with the methods of payment determined by the chief financial officer and the police chief or the designees of those officials.

§ 98-42

Physical fitness program.

Sec. 98-42. Physical fitness program.

(a)There is established a program of physical fitness for all officers and employees of the department of police. The police chief, after having consulted with professionals in the field of physical fitness, shall be responsible for the implementation and administration of the program. The program may include but not be limited to voluntary participation by officers and employees in organized sports activities such as basketball, football, baseball, softball and individual sports such as boxing, wrestling, golf, bowling and tennis.

(b)The police chief is authorized to establish and implement a program of organized calisthenics which shall be supplemental to any voluntary activities on the part of department of police employees, and these calisthenics shall be engaged in under the direction of the chief or the chief's designee during regular hours of duty and shall be carried on only at those locations designated by the chief.

(c)The departments and agencies of the city are authorized and directed to cooperate and assist, upon the request of the police chief, in the implementation and conduct of the physical fitness program.

(d)The police chief shall ascertain a valid test standard respecting individual physical fitness and shall, annually, examine all officers and employees of the department of police participating in the program and shall maintain records in a manner so as to reflect individual and departmental employee improvements in physical fitness.

(e)All donations and contributions received from participants in the program and from others shall be deposited in the general fund of the city. All funds to be used for implementing and conducting the program shall be appropriated in the same manner as other city funds, and the expenditures for the purposes of the program shall be first approved as provided by the Charter.

(f)The police chief or the chief's designee shall require of every person participating in the program with respect to team or individual sports, as provided for in this section, prior to such person so participating and in consideration of allowing such person to so participate, the execution by such participant of a written release, waiver and renouncement of any and all liability, claims and causes of action against the city, the officers and employees of the city, which such participant may have with respect to any injury or damage such participant might receive or incur while so participating, including but without limitation disability in line of duty or death in line of duty benefits under the pension laws governing the pension fund of which such participant may be a member.

(g)Should any temporary total disability result from such voluntary participation by an officer or employee of the city in the program of supervised activity, as provided for in this section, the police chief is authorized to provide for medical care and treatment the same as for on-duty injuries and shall further be authorized to designate, pursuant to written medical authorization, that the temporary absence from regular duty is physical fitness injury (P-F-I), and the employee shall be so designated upon the payroll records and entitled to salary benefits as provided employees injured while on duty.

§ 98-43

Police benevolent association.

Sec. 98-43. Police benevolent association.

(a)Authority to establish. The department of police is authorized to provide for the establishment and creation of an association for benevo-lent purposes among the employees of the department of police. Five trustees or directors of the association shall be elected from the employees of the department of police, and they shall serve as the governing body of the association.

(b)Source of funds. The police chief is authorized to direct all revenues from vending machines located in police facilities to the benevolent association and to provide that these funds will be used only for retirement gifts and other similar purposes.

(c)Use of funds. The governing body of the association shall be authorized to direct the use of the revenue for retirement gifts and other benevolent purposes that benefit all employees of the department of police.

§ 98-44

Fees for copying records.

Sec. 98-44. Fees for copying records.

(a)The charges for copying records of the department of police shall be as established in chapter 2, article XIV of this Code.

(b)Fees so collected shall be accounted for and paid into the city treasury.

(c)Persons designated as victims in the victim data section of the police report shall not be required to pay a fee for the first copy of the offense reports.

Cross reference—Records management, § 2-1781 et seq.

§ 98-45

Fees for furnishing information about criminal history record.

Sec. 98-45. Fees for furnishing information about criminal history record.

(a)The police chief is authorized to make a charge as established in chapter 2, article XIV of this Code for furnishing information as to criminal history records created by or in the custody of the department of police.

(b)Fees so collected shall be accounted for by the department of police and shall be forwarded to the department of finance to be paid into the city's treasury through the medium of a miscellaneous receipt. (Code 1977, § 11-2017)

Cross reference—Records management, § 2-1781 et seq.

§ 98-46

Fees for fingerprinting services.

Sec. 98-46. Fees for fingerprinting services.

(a)The department of police is authorized to charge a fee of $20.00 for each set of fingerprint cards produced and authenticated by the department.

(b)Fees so collected shall be accounted for by the department of police and shall be forwarded to the department of finance to be paid into the city's treasury though the medium of a miscellaneous receipt.

(c)Persons requiring fingerprinting services due to their status as applicants for employment with the City of Atlanta shall not be required to pay a fee for these fingerprinting services. (Ord. No. 2008-55(08-O-0878), § 2, 7-14-08)

§ 98-47

Candidates addressing employees at police facilities.

Sec. 98-47. Candidates addressing employees at police facilities.

It shall be unlawful for candidates for any office, public or private, to address employees of the department of police at any police facility. The police chief, deputy chiefs, majors or other officers in charge of the facility are directed to prevent and prohibit any speaking by candidates advocating their election to office. It is not the intention of this section to prevent candidates for office from visiting any facility and speaking to individual employees of the department of police, but it shall be unlawful for them to make public speeches or to converse with the members to such an extent as to interfere with the discharge of their duties. It shall be the duty of the police chief, deputy chief or majors and other officers in charge of the facility to see that compliance with this section is enforced and that no one, by public speaking, personal consultation or otherwise, shall obstruct or interfere with any police officer in the discharge of the officer's duties. (Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-46. Cross reference—Elections, ch. 66.

§ 98-48

Issuance and revocation of press or media identification cards.

Sec. 98-48. Issuance and revocation of press or media identification cards.

(a)Issuance. The police chief or the chief's designee is authorized to issue press or media identification cards entitling the holder thereof to pass police lines for the purpose of gathering and editing spot news or photographing news events in the city. Such press or media identification cards shall be issued to those engaged in gathering reports, editing or photographing current news events for newspapers, press associations, newsreels, television stations and radio stations.

(b)Revocation.

(1)The police chief or the chief's designee is vested with the authority to revoke any press or media identification card for improper use thereof by the holder, and upon notice thereof to the employer it shall be the duty of the holder and the employer to immediately surrender the press or media identification card so revoked.

(2)Any abuse or willful violation of these stipulations by the holder or the employer may result in revocation of the card.

(3)A revoked card may not be reinstated to a media representative without a letter from the representative's employer stating why the card should be reinstated. Reinstatement of a revoked media identification card will then be left to the discretion of the police chief or the chief's designee.

(c)Penalty. No person shall counterfeit or imitate or attempt to counterfeit or to imitate any such press or media identification card so issued by the police chief or the chief's designee nor shall any person use or exhibit or attempt to use or exhibit any such press or media identification card or any card similar in appearance thereto for the purpose of obtaining press privileges or of passing police lines without authority of the police chief or the chief's designee nor shall any person represent that such person is a holder of such press or media identification card, unless such person is the actual authorized holder. Any person convicted of violating this section shall be subject to a fine up to $1,000.00. (Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-47.

§ 98-49

Destruction of dangerous or

Sec. 98-49. Destruction of dangerous or deadly weapons used in commis-sion of crimes.

(a)Any bludgeon, metal knuckles, firearm or knife, designed for the purpose of offense and defense, or any other dangerous or deadly weapon or instrument of like kind used in the commission of a crime is declared to be a nuisance per se.

(b)The police chief is authorized and directed to destroy all dangerous or deadly weapons used in the commission of a crime. The police chief or a designee shall wait one year from date of conviction or after the exhaustion of any appeals related to the case before destroying the weapon.

(c)Whenever the department of police or any of the officers thereof receive or take pistols, knives, metal knuckles and similar weapons as unclaimed property or from prisoners or others, these weapons shall not be sold by the department of police or any of the officers thereof, but they shall be destroyed. The police chief or the chief's designee shall be authorized to destroy these weapons. (Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-48.

§ 98-50

Disposal of stolen property.

Sec. 98-50. Disposal of stolen property.

Any property which may be obtained or received by the police from persons who have stolen it or otherwise shall be disposed of in the following manner:

(1)Sale authorized. The police chief or the chief's designee is authorized to sell unclaimed property at public auction pursuant to the procedure set forth in this section. All the property shall be taken to the property management section and safely kept for 60 days. If after that time it shall be unclaimed by persons making satisfactory proof of title, the police chief shall, for two days, put an advertisement in the newspaper in which the city's advertisements are published, describing the property to be sold in lots, and giving such information about the property as will put the owner or other persons having knowledge thereof on notice that, at the expiration of 20 days, the property will be subject to sale. The advertisement shall also state the time and place the property shall be sold and that the proceeds shall be turned in to the city treasury. The advertisement shall also state that, within 20 days of the last advertisement provided for in this subsection, any person making satisfactory proof of title or any person who shall claim title to the prop-erty advertised shall have the right to request a hearing before the police chief or a designee to establish, by evidence, proof of title to the property claimed. Upon request for a hearing, the police chief or a designee, shall, within ten days, set a time and place for the hearing and shall notify the person claiming title to the advertised property of the hearing. If there is no request for a hearing within the time specified in this subsection, or if at the time set for a hearing there is no satisfactory proof of ownership, the police chief is authorized to proceed with a sale of the property.

(2)Records required. The police chief shall keep a complete record showing when the property came into the possession of the department of police, where it was found or from whom it was taken, a description of the property, when it is claimed and by whom or when advertised and when and for what amount sold.

(3)Disposition of proceeds. All money arising from these sales shall be turned over to the chief financial officer.

(4)Police use of unclaimed property. The property which has been processed, for sale at public auction, as provided by this section, may in the discretion of the police chief be utilized by the department of police with records of the property's disposition maintained as provided by this section.

(Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-49.

§ 98-51

Donations of horses and dogs for police purposes.

Sec. 98-51. Donations of horses and dogs for police purposes.

(a)The police chief is authorized to accept donations of horses and dogs from private donors on behalf of the city for legitimate police uses and purposes, after suitability has been established by the department of police, and to institute appropriate inventory controls which allow for practical and humane disposition of animals which are determined to be no longer suited to police uses and purposes.

(b)The police chief shall develop an appropriate standard operating procedure governing the acceptance of horses and dogs from private donors and the humane disposition of such horses and dogs. (Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-50. Cross reference—Animals, ch. 18.

§ 98-52

Authorization for the chief of police to administer oath of office for sworn police officers.

Sec. 98-52. Authorization for the chief of police to administer oath of office for sworn police officers.

The police chief or the chief's designee is authorized, in accordance with Georgia law, to administer the oath of office to all sworn police officers employed by the City of Atlanta. When taken, the officer shall sign the official oath and copies thereof shall be filed with the Fulton County Probate Court and in the personnel records of the officer so sworn. That oath shall take the following form:

I, , do solemnly swear (or affirm) that I am duly qualified, according to the Constitution and laws of Georgia, to perform the duties imposed upon me as a Police Officer of the City of Atlanta, Georgia, and that I will, to the best of my ability, discharge the duties thereof, and preserve, protect, and defend the Constitution of the United States of America and the Constitution of the State of Georgia.

I swear that I am not the holder of any office of trust under the government of the United States, any other state, or any foreign state which I am prohibited from holding by the laws of the State of Georgia, nor am I the holder of any unaccounted for public money due this state or any political subdivision or authority thereof.

I further swear that I will enforce the criminal laws of the State of Georgia and the ordinances of the City of Atlanta, abide by the rules and standard operating procedures governing the Atlanta Police Department, adhere to the Law Enforcement Code of Ethics published by the International Association of Chiefs of Police, and uphold the Ethics Code of the City of Atlanta. In doing so, I will be mindful of the trust that has been placed in me to improve the quality of life and make every effort to live up to that trust. I will not persecute the innocent, nor help to shield the guilty, nor will I be influenced in the discharge of my duties by fear, favor, or affection, reward, or the hope thereof. So help me God. (Ord. No. 2002-71, § 74, 9-16-02; Ord. No. 200415, § 1, 5-11-04; Ord. No. 2006-70, § 1, 10-11-06; Ord. No. 2008-55(08-O-0878), § 1, 7-14-08)

Note—Formerly § 98-51.

§ 98-53

Office of code enforcement.

Sec. 98-53. Office of code enforcement.

(a)The department of police shall contain the office of code enforcement.

(b)The functions and duties of the office of code enforcement shall include:

(1)Administration and enforcement of The Atlanta Housing Code;

(2)Administration and enforcement of The Atlanta Commercial, Institutional, and Industrial Building Maintenance Code;

(3)Administration and enforcement of housing demolition and in rem activities.

(Ord. No. 2011-57(11-O-1768), § 4, 12-14-11)

Secs. 98-54—98-60. Reserved.

DIVISION 2. PROMOTION POLICY*

§ 98-61

Definitions.

Sec. 98-61. Definitions.

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Appointing authority means the police chief.

Appointing rule means the process by which selections are to be made from among candidates on an eligible list.

Atlanta Police Leadership Institute means a program of the Atlanta Police Department focused on developing an Atlanta Police Department sworn employee's leadership skills through the provision of advanced law enforcement leadership training and employee development oppor-*Cross reference—Supplemental provisions pertaining to police promotions, § 114-226 et seq.

tunities throughout a sworn employee's progression through the ranks of the Atlanta Police Department.

Discretionary ranks means ranks to which appointments are not controlled by this division and to which appointments can be made at the discretion of the police chief.

Eligible means a sworn employee who meets requirements for a rank and whose name is on an eligible list.

Eligible list means a list of the names of employees who have competed for a rank of employment and are qualified to be appointed, listed in rank order according to the results of the examination process.

Examinations means selection procedures used to determine the relative qualifications of applicants for promotion.

Minimum qualifications means the requirements established in the rank specification for experience and demonstration of the necessary proficiencies in a lower rank in order to compete for promotion.

Probationary employee means an employee who has been appointed to a rank from an eligible list but who has not successfully completed a 12-month probationary period in the rank.

Probationary period means a period of 12 months following a promotional appointment during which the police chief, in consultation with designated subordinate commanders, determines whether or not the probationary employee has the requisite knowledge, skills and abilities necessary to perform the work behaviors of the rank at an acceptable level. The probationary period is considered a noncompetitive part of the examination for the rank.

Rank means a group of positions which have similar duties and responsibilities, require similar qualifications, can be designated by a single title indicative of the level of responsibility of the positions and for which the same schedule of pay is applicable.

Rank specification means a written document based upon an applicable job analysis which shall include but not be limited to descriptions of the responsibilities and work of the rank; illustrative examples for each of the major functional responsibilities within the rank; a description of the critical work behaviors of the rank and the knowledge, skills and abilities necessary for the performance of such work behaviors; and the minimum qualifications necessary in order to compete for the rank.

Status means the condition of a sworn member who has acquired a rank in the manner established by this division and by the overall provisions of Chapter 114, which condition is retained by a probationary employee in the employee's lower rank unless the probationary period for the new rank is completed successfully and status in the new rank is gained. Sworn employees who fail their probationary period shall be returned to a position in their rank in which they have continued to have status during the probationary evaluation portion of the examination.

Sworn member means an employee in the department of police, as established by the definition of the unclassified service contained in section 114-76. (Ord. No. 2015-19(15-O-1172), § 1, 5-27-15)

Cross reference—Definitions generally, § 1-2.

§ 98-62

Scope.

Sec. 98-62. Scope.

This division sets forth the rules and procedures to be followed by the police chief in making promotional decisions within the department of police. The rules and procedures are designed to establish a promotional system that provides for the selection of superior officers based solely upon merit and fitness for promotion, as ascertained by job-related and valid selection procedures developed in accordance with the governing legal guidelines and appropriate professional standards.

§ 98-63

Applicability.

Sec. 98-63. Applicability.

The rules and procedures in this division shall apply to promotions in the department of police to the ranks of police sergeant and lieutenant. (Ord. No. 2010-34(10-O-0952), § 1, 6-30-10)

§ 98-64

Ranking of members.

Sec. 98-64. Ranking of members.

(a)Sworn members of the department of police in the nondiscretionary ranks of police officer, sergeant, lieutenant and captain on the effective date of the ordinance from which this section derives shall be given status in the nondiscretionary ranks they hold as of that date. Sworn members of the department of police holding discretionary ranks on the effective date of the ordinance from which this section derives shall be given status in the nondiscretionary ranks they held at the time they were appointed to the most recent discretionary ranks.

(b)Effective July 1, 2010, the rank of Police Captain was reclassified as a discretionary rank. (Ord. No. 2010-34(10-O-0952), § 2, 6-30-10)

§ 98-65

Amendments.

Sec. 98-65. Amendments.

Amendments to this division may be recommended to the city council by the police chief or initiated by the city council. In determining such recommendations the police chief, at the chief's discretion, may hold hearings at which time both proponents and opponents of proposed amendments can be heard. Notice of any hearing shall be posted by the police chief at least two weeks in advance of such hearing at all permanent installations of the department of police, in such a manner as to ensure that notice is readily accessible to everyone in the department of police.

§ 98-66

Rank specification.

Sec. 98-66. Rank specification.

For each rank covered by this division there shall be created a document known as the rank specification, which shall be approved by the police chief. A rank specification shall not be inconsistent with the written job description developed by the commissioner of personnel and human resources in compliance with chapter 114, article IV, division 2, of the civil service rules and regulations; however, the rank specification shall go beyond the written job description in defining the work behaviors of the rank and the knowledge, skills and abilities required to perform those work behaviors as may be required in the development of content-valid examinations, in that the written job description is primarily a classification and pay document, while the rank specification is primarily an examination document.

§ 98-67

Review and amendment of rank specification.

Sec. 98-67. Review and amendment of rank specification.

Prior to the announcement of an examination process for a rank, the police chief shall thoroughly review the rank specification and make any amendments to the rank specification deemed appropriate. The rank specification in effect at the time an examination procedure is announced shall be provided to all eligible candidates, along with the examination announcement.

§ 98-68

Notice of examination.

Sec. 98-68. Notice of examination.

The police chief, under this division, shall give notice of each examination, at least 120 days in advance of the date of administering the first competitive part of the examination, by email notification to all Atlanta police Department staff and posting on the Atlanta Police Department intradepartmental website. The announcement shall state the rank for which the examination is being held, the official announcement posting date, the last date and manner for making application for admission to the examination, the examination parts to be used in the competition and the weights for each part, the study lists and any other information which the police chief considers pertinent and useful. A copy of the current rank specification shallbe included in the email notification to all Atlanta Police Department staff and posted on the Atlanta Police Department intradepartmental website. (Ord. No. 2024-15(24-O-1186), § 1, 5-15-24)

§ 98-69

Application for examination.

Sec. 98-69. Application for examination.

All sworn members of the department of police who wish to apply for a promotional examination must file a written application on the form prescribed by the police chief within 30 days of the date the announcement is officially posted.

§ 98-70

Qualifications for eligibility.

Sec. 98-70. Qualifications for eligibility.

(a)The rank specification, defined in section 98-61, shall designate the lower ranks from which promotions can be made provided that:

(1)To be eligible to compete for the rank of police sergeant, an applicant must have had at least five years continuous service as a sworn member with the department of police immediately prior to the date of administering the first competitive part of the examination; and

(2)To be eligible to compete for all nondiscretionary ranks above police sergeant, the sworn member must have had at least two years continuous service in the department of police immediately prior to date of administering the first competitive part of the examination, in a lower rank from which promotions can be made, as set forth in the rank specifications.

(b)The years of continuous service needed to be eligible to compete can be achieved by service either in a nondiscretionary rank, as set forth in the rank specification, or in a discretionary rank, as long as the total service equals or exceeds the requisite minimum number of years to compete and the time in the discretionary rank is being served immediately prior to date of administering the first competitive part of the examination.

(c)A sworn member holding a discretionary rank who wishes to compete in an examination shall be eligible to take an examination only for the next highest rank above the nondiscretionary rank in which such sworn member holds status.

(d)In addition to the requirements contained in this section, a sworn member holding either a discretionary or non-discretionary rank, who wishes to compete in an examination, must successfully complete the Atlanta Police Leadership Institute's leadership development program by the end of the application period for an examination process. It shall be the duty of the police chief to issue administrative regulations governing the Atlanta Police Leadership Institute. (Ord. No. 2009-44(09-O-1177), s; 1, 7-28-09; Ord. No. 2011-23(11-O-0939), § 1, 6-29-11; Ord. No. 2011-36(11-O-1141), § 3, 8-24-11; Ord. No. 201519(15-O-1172), § 2, 5-27-15; Ord. No. 2020-04(19O-1743), § 1, 1-30-20)

§ 98-71

Disqualification from examination process.

Sec. 98-71. Disqualification from examination process.

(a)The police chief shall disqualify a sworn member from an examination process under this division when the police chief has determined that:

(1)The application was not filed within the period specified by the examination announcement;

(2)The sworn member lacks the required length of continuous service at a lower rank necessary to be eligible to compete;

(3)The sworn member, after sufficient and proper notification, did not properly appear at the time and place designated for each part of the examination; or

(4)The sworn member has been suspended five or more days, whether consecutive or not, for violation of the rules and regulations of the department of police within 24 months of the last date for filing applications, and all administrative appeals relating to such suspension have been adjudicated.

(b)Should the police chief disqualify a sworn member, written notification of the reasons for that action shall be given to the sworn member by the police chief no later than 30 days before the first competitive part is scheduled or five days before the next competitive part is scheduled in the case of disqualification under subsection (a)(3) of this section.

§ 98-72

Merit and fitness of members.

Sec. 98-72. Merit and fitness of members.

All promotions to ranks covered by this division shall be made in accordance with the relative merit and fitness of the sworn members competing. Merit and fitness shall be ascertained by competitive examination. All examinations and examination parts shall be fair, impartial and developed in accordance with professional standards and legal guidelines and shall relate to those matters which will fairly test the relative capacities and fitness of the sworn members to discharge efficiently the duties of the rank to be filled.

§ 98-73

Concealing identity of member taking examination.

Sec. 98-73. Concealing identity of member taking examination.

The identity of every sworn member taking a written test under this division shall be concealed by the use of a numbered identification system. The identity of any candidate shall not be revealed until all written test papers have been scored and the minimum passing score set in accordance with this division. Any sworn member whose written test paper bears the member's name or any other identifying mark or any sworn member who reveals an identification number to the police chief or to any employee of the department of police shall be disqualified from further competition and shall be so notified.

§ 98-74

Methods for rating results of examinations.

Sec. 98-74. Methods for rating results of examinations.

Appropriate scientific techniques, developed in accordance with professional testing standards, shall be used in rating the results of all examination parts and interpreting the relative ratings of the competitors under this division.

§ 98-75

Effect of failure to pass all parts of examination.

Sec. 98-75. Effect of failure to pass all parts of examination.

Under this division, in order for the name of a sworn member to appear on an eligible list, the sworn member must pass each part of the examination. Each sworn member who fails to attain the minimum passing score on any part of the examination shall be considered to have failed the examination and shall not be eligible to compete in any further part of the examination or to attain a rank on the eligible list.

§ 98-76

Establishment of minimum passing score on examination.

Sec. 98-76. Establishment of minimum passing score on examination.

A professional in test development shall determine the minimum passing score on any written multiple-choice test used as part of an examination under this division. The determination will be based on appropriate scientific and professional procedures and will be reported to the police chief. The police chief shall approve the minimum passing score and shall do so before the identity of any competitor is known. The minimum passing score on formal, structured oral interviews or other separately scored assessment exercises shall be defined by the rating scale used.

§ 98-77

Weighting parts of examination.

Sec. 98-77. Weighting parts of examination.

If the examination process under this division has more than one competitive part, the official announcement shall state the weight to be assigned to each part. The weights shall be stated as percentages, and the total weight of all parts of an examination process shall equal 100 percent. Each candidate passing all parts of the examination process shall have the final score computed in accordance with these weights and in accordance with appropriate scientific procedures, so that the stated weights are accurately reflected.

§ 98-78

Order of names for eligible list.

Sec. 98-78. Order of names for eligible list.

Under this division, the order of names of passing candidates on the eligible list shall be determined by the final examination score computed as set forth in section 98-76. Final examination scores will be rounded off to three decimal places. If, thereafter, a tie still exists it will remain unbroken.

§ 98-79

Notice of results of examination.

Sec. 98-79. Notice of results of examination.

A sworn member who competes in any part of an examination under this division shall be given written notice of the results of each part and of the entire examination. The notice shall include the sworn member's score for each part, and, if the member passes, the member's rank on the eligible list shall be given after the eligible list is established. A sworn member who fails an examination part shall be notified of that fact, along with the score, before the next examination part is administered.

§ 98-80

Maintenance and contents of active eligible list.

Sec. 98-80. Maintenance and contents of active eligible list.

The police chief shall maintain an active eligible list for all ranks covered by this division. Each list shall contain the names of those candidates who passed the entire examination process and each such candidate's final examination score and rank on the eligible list. Eligible lists become effective on the date approved by the police chief.

§ 98-81

Expiration of eligible list.

Sec. 98-81. Expiration of eligible list.

Eligible lists under this division, unless earlier exhausted, shall be in effect for 24 months from the date the list was approved by the police chief in accordance with section 98-79. Eligible lists shall not be extended beyond their expiration date, and all vacancies existing on the expiration date shall be filled from the eligible list; however, section 98-83(b) shall still apply. A new examination announcement, as provided for in section 98-67, will be published within a reasonable time after a list is exhausted as determined by the commissioner of human resources 180 days before the expiration of a list or after a list is exhausted, which ever shall be earlier. When a new examination announcement has not been published following the expiration of a list, a written notice explaining the reasons for such failure to publish a new announcement shall be given to all members of the department of police, the mayor and the appropriate legislative oversight committee within 30 days after a list has expired. (Ord. No. 2011-36(11-O-1141), § 4, 8-24-11)

§ 98-82

Member's review of examination; appeal and correction of incorrect answers.

Sec. 98-82. Member's review of examination; appeal and correction of incorrect answers.

(a)A sworn member of the department of police who competes in a written multiple choice test, as provided by this division, shall have the right to review a photocopy of the member's answer sheet, along with a copy of the written test booklet and a copy of the correct answer to each written test question. The review shall be held under the direct supervision of a professional in test development used by the police chief to administer the written test, and it shall be held as soon as practicable after the written test administration date, but, in any case, it shall occur within no more than ten days after the written test has been administered.

(b)Sworn members will be allowed to appeal to the test developer, in writing, any answer to a written test question other than the one specified as being the correct answer. The professional developing the test shall consider all such appeals and, if it is deemed justified, make such necessary corrections to the scoring key before reporting the final written scores to the police chief. The testing professional shall be required to document the reasons for recommending any changes to the original scoring key, as well as the reasons for rejecting any appeal submitted by a sworn member.

(c)The police chief may approve or disapprove the recommendations of the testing professional. If the police chief's action requires that the answer sheets be rescored, such rescoring will be done for all candidates by the professional test developer and reported back to the police chief before the identity of any candidate is made known to anyone. The police chief shall notify all candidates of both the professional test developer’s recommendations regarding all appeals and the police chiefs determination.

(d)Because of the need to use written tests which have been professionally developed and validated in accordance with both professional standards and legal guidelines, all sworn members reviewing test papers are expressly forbidden from taking any test material, review material or any written notes from the review room. To the extent practicable, reference material used in developing the written test will be made available to members during the review period.

§ 98-83

Certification of top five eligible members.

Sec. 98-83. Certification of top five eligible members.

(a)When a vacancy exists in a rank covered by this division, the police chief shall certify the names of the five members who stand highest on the eligible list. The names of all members who, after seniority is applied, still remain in an unbroken tie with the five highest members certified shall also be certified. If more than one vacancy exists, the police chief shall certify one additional sworn member for each additional vacancy, including all members in unbroken ties with the last additional member to be certified. The police chief may appoint any of the certified members as the police chief deems to be in the best interest of the department of police.

(b)When the number of names remaining on an eligible list is less than five, the police chief may decline to make an appointment and may request that a new examination procedure be administered. If this occurs, the eligible list shall be considered exhausted in accordance with section 98-80, notwithstanding the fact that there are still vacancies in existence.

§ 98-84

Removal from eligible list.

Sec. 98-84. Removal from eligible list.

(a)The police chief shall remove the name of a sworn member from an eligible list under this division due to any of the following reasons:

(1)Receipt of a written request from the sworn member.

(2)Refusal to accept a promotional appointment.

(3)Termination of the sworn member’s employment with the department of police.

(4)Suspension of five or more days, whether it is consecutive or not, for a violation of the rules and regulations of the department of police.

(5)The discovery, after the eligible list has been established, that the sworn member would have been rejected under other sections of this division had the information so discovered been known before the eligible list was promulgated.

(6)Failure to complete the probationary period as provided in section 98-85.

(b)Whenever a sworn member’s name is removed from an eligible list, written notice of such action and the reason for that action shall be given to the sworn member by the police chief within five days of the date the action is taken.

(c)Removal from eligible lists established under this division is not appealable through the civil service board.

§ 98-85

Probationary period.

Sec. 98-85. Probationary period.

(a)Every promoted sworn member of the department of police shall serve a 12-month probationary period to be regarded as an integral noncompetitive part of the examination process.

(b)A sworn member filling a discretionary rank at the time of promotion to a nondiscretionary rank, in accordance with this division, shall have the time successfully served in the discretionary rank count toward the required 12-month probationary period, provided such service was immediately prior to promotion to the nondiscretionary rank. Time successfully served in the discretionary rank after the date of promotion to the nondiscretionary rank shall also be credited as part of the 12-month probationary period required to attain status in the nondiscretionary rank.

(c)The probationary period shall be utilized for closely observing how well a probationary employee performs the work and responsibility of the higher level rank and for securing the most accurate judgments as to whether or not the proba tionary employee’s performance meets required work standards at the higher level rank. It shall be the duty of the police chief to issue administrative regulations governing the probationary evaluation process.

(d)At least 30 days prior to the completion of the 12-month probationary period, the police chief shall determine whether or not the probationary employee should receive status in the higher rank. If the probationary employee is deemed to have passed the probationary period and is to be given status in the rank, the employee shall be notified of such decision no later than 15 days before the expiration of the 12-month probationary period.

(e)At any time during the probationary period, the police chief may remove a promoted sworn member whose performance does not meet the required work standards and return that member to the rank in which the member has retained status. If such occurs, the police chief shall notify the member in writing that the probationary evaluation part of the examination has been failed and the reason for such failure. Such notification shall be given at least 15 days in advance of the date the action is to be official and in no case later than 15 days before the 12-month probationary period is to expire. Thereafter, the name of a sworn member who failed the probationary evaluation part of the examination shall be removed from the eligible list.

Secs. 98-86—98-105. Reserved.

ARTICLE IH. AUXILIARY POLICE UNIT*

§ 98-106

Created; composition.

Sec. 98-106. Created; composition.

An auxiliary police unit is created and established as an organization which shall be composed of persons who shall be appointed and sworn in as members thereof. Members shall be volunteer workers only and shall not be deemed to be employees of the city or of the department of police for any purpose and shall serve gratuitously as such for no compensation and without *Cross reference—Departments, § 2-301 et seq.

any other benefits of employment as are afforded other city employees, except as specifically set forth in this article.

§ 98-107

Qualifications of members.

Sec. 98-107. Qualifications of members.

(a)The police chief shall establish the requirements to be met by persons to qualify to become members ofthe auxiliary police unit. Such requirements shall include but need not be limited to physical, mental, aptitude, personality inventory and character standards and the mandatory training of such persons, for a minimum of 80 hours, in the field of police work. It shall be the duty of the police chief to provide such training for such persons and also any further training for members which the police chief may deem to be necessary or desirable.

(b)Whenever all of the requirements to qualify to become a member shall have been met by any person, the person may be appointed and sworn in as a member by the police chief or by a person designated by the police chief for such purpose. However, the police chief or any such designated person, with or without cause therefor, need not appoint and swear in any particular person as a member.

(c)The police chief, with or without cause, may terminate any member at any time without a hearing, and any member may resign as such at any time by written notification thereof to the police chief. Any member who shall cease to be such shall immediately surrender all property of the city issued to the member pursuant to this article or otherwise. (Code 1977, § 11-2086)

§ 98-108

Training.

Sec. 98-108. Training.

In order to provide special training, including but not limited to professional, technical, physical and academic training, for members of the auxiliary police unit and for the development of morale and esprit de corps, the police chief is authorized and directed to inaugurate and conduct such training and other activities within the department of police to the end that the members of the auxiliary police unit may most efficiently perform their duties as members of the auxiliary police unit.

§ 98-109

Equipment.

Sec. 98-109. Equipment.

(a)Each member of the auxiliary police unit shall be issued, at city expense and at no expense to the member, items as follows:

(1)A uniform, which shall not be identical to that issued to a regular police officer;

(2)Equipment, which shall include but need not be limited to handcuffs, and a badge, except the badge shall not be identical to those issued to a regular police officer; and

(3)An identification card, which shall show the person as being a member.

(b)A member shall not be issued a police baton, a firearm or other instrument capable of inflicting deadly force. Further, such members shall not carry any firearm or instrument capable of inflicting deadly force.

(c)Each member, while serving as such, shall wear, display or carry, as the case may be, every item, except as provided in this section, which shall have been issued to the person as a member, whether or not mentioned in this section. No member while off duty shall wear, display or carry, as the case may be, any such item of the uniform or equipment, except going to and from duty. No member shall be authorized to wear or display any item of the uniform or equipment for any off-duty function, whether paid or unpaid.

(d)Each item which shall be issued to a member, whether or not mentioned in this section, shall remain and be the property of the city.

§ 98-110

False impersonation.

Sec. 98-110. False impersonation.

It shall be unlawful, punishable as provided in section 1-8, for any person, not a member of the auxiliary police unit to:

(1)Wear, display or carry, as the case may be, any item which shall have been issued to any member of the unit.

(2)Represent, identify or hold such person out, in any manner whatsoever, to be a member of the unit or to have any connection with the unit.

§ 98-111

Workers' compensation.

Sec. 98-111. Workers' compensation.

(a)For the purpose of this section only, each member of the auxiliary police unit shall be an employee of the city only while serving any assigned shift as a member of the auxiliary police unit or while receiving training as such.

(b)If any such member or any such person were to suffer or sustain any illness or injury approximately caused by arising out of and in the course of such member's service or training while an employee of the city, as limited in this section, the member shall be entitled to all of those workers' compensation benefits, no more or no less, as those provided to volunteer firefighters in the state.

(c)If any such member or any such person were to die as a result of any illness or injury approximately caused by, arising out of and in the course of such person's service or training while an employee of the city, as limited in this section, such person shall be entitled to all of those workers' compensation benefits, no more or no less, as those workers' compensation benefits provided to volunteer firefighters in the state.

§ 98-112

Arrests.

Sec. 98-112. Arrests.

Members of the auxiliary police unit shall not have the general power of arrest accorded regular police officers. Members shall have the power to arrest accorded private persons generally in the state in that they may arrest an offender if the offense is committed in their presence or within their immediate knowledge, or if the offense is a felony and the offender is escaping or attempting to escape, members may arrest upon reasonable and probable grounds of suspicion.

§ 98-113

Powers to direct traffic.

Sec. 98-113. Powers to direct traffic.

Members of the auxiliary police unit shall have the authority to direct, control and regulate traffic as instructed by the police chief or the chief's designee.

Secs. 98-114—98-135. Reserved.

ARTICLE IV. CORRECTIONAL SERVICES* DIVISION 1. GENERALLY

§ 98-136

Definitions.

Sec. 98-136. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Chief means the chief of corrections.

Department means the department of corrections.

Detention facilities means city facilities in which inmates are detained, including the pretrial detention center, corrections center, Grady Hospital and city courts.

Inmate means any person who is confined to a detention facility.

Jail means the city jail or pretrial detention center.

Prison means the city prison. (Ord. No. 1995-07, § 18, 3-8-95; Ord. No. 2002-71, § 71, 9-16-02)

Cross reference—Definitions generally, § 1-2.

§ 98-137

False representation of identity to corrections officer.

Sec. 98-137. False representation of identity to corrections officer.

It shall be unlawful for any person to falsely represent or identify such person as another person to a sworn corrections officer upon a lawful detention or arrest of the person, with the intent to evade the process of the court or to evade the proper identification of the person by the corrections officer if:

(1)The false information is given while the corrections officer is engaged in the lawful discharge of the officer's official duties; and *Cross references—Authority of municipal judge to order persons convicted of offenses to perform work on public property, § 62-41; personnel, ch. 114.

(2)The person providing false information knows or should have known that the person receiving the information is a corrections officer.

(Code 1977, § 17-12001)

§ 98-138

Fees for copying of records.

Sec. 98-138. Fees for copying of records.

(a)The charges for copying records of the department of corrections shall be as established in Chapter 2, Article XIV of this Code.

(b)Fees so collected shall be accounted for and paid into the city treasury. (Ord. No. 2009-20(09-O-0804), § 1, 5-26-09)

Secs. 98-139—98-150. Reserved.

DIVISION 2. DEPARTMENT OF CORRECTIONS†

§ 98-151

Functions and duties.

Sec. 98-151. Functions and duties.

The functions and duties of the department of corrections shall include the administration of all city detention facilities as detention, correctional and treatment agencies. (Code 1977, § 11-5001(b); Ord. No. 1995-07, § 17, 3-8-95)

§ 98-152

Hiring and firing authority; qualifications of chief of corrections.

Sec. 98-152. Hiring and firing authority; qualifications of chief of corrections.

(a)The chief of corrections is the hiring and firing authority in the department of corrections, subject to applicable rules and regulations.

(b)In addition to the general qualifications set out in Charter, appendix IV, section 3(a), the chief of corrections shall have the following qualifications:

(1)Graduation from an accredited college or university with a baccalaureate degree and one year of graduate study in penology, criminal justice, public administration or in a closely related field and three years supervisory experience prison ad-†Cross reference—Departments, § 2-301 et seq.

ministration, correctional facilities maintenance and management, or in a related area; or

(2)Eight years of experience at a supervisory level which included five years in the areas specified above; or

(3)Any equivalent combination of the above. (Code 1977, § 11-5001(a); Ord. No. 1995-07, § 17, 3-8-95; Ord. No. 2002-71, § 71, 9-16-02)

§ 98-153

Duties of chief of corrections.

Sec. 98-153. Duties of chief of corrections.

(a)It shall be the duty of the chief of corrections to formulate and implement rules and regulations for the operations of the department of corrections. The chief of corrections shall have the authority to promulgate departmental rules and regulations that are consistent with the terms or intent of the laws and ordinances relating to the department. Any changes in the rules and regulations for the operation of the department of corrections, including the employee work rules shall be executed by the chief of corrections in writing. The chief of corrections shall provide the municipal clerk with a copy of the Corrections Department Work Rules from time to time whenever the same are amended.

(b)It is also the duty of the chief of corrections to:

(1)Administer corrective and disciplinary action for violation of rules and regulations of the department of corrections. Such action may include but is not limited to formal counseling, oral or written reprimands, retraining and suspension without pay or with or without a monetary fine not to exceed $500.00, which shall be deducted from the employee's salary, or termination.

(2)Suspend any employee with or without pay pending an investigation in which the employee is accused of misconduct if the commissioner or the commissioner's designee determines that the suspension is in the best interest of the department of corrections, the public welfare or the accused employee.

(3)Cause an investigation into an employee's conduct when the employee's conduct indicates probable cause for disciplinary action.

(4)Develop other necessary procedures for the implementation of the rules and regulations.

(Ord. No. 2002-71, § 71, 9-16-02; Ord. No. 200280, §§ 3, 4, 11-8-02)

§ 98-154

Additional powers and duties of the chief.

Sec. 98-154. Additional powers and duties of the chief.

(a)Generally. The chief shall be responsible for all conditions at the city's correctional facilities, in the buildings connected with the facilities and upon the surrounding grounds. The chief shall have control of correctional officers and other employees of the department. The chief shall be responsible for discipline thereat, for all persons under his/her jurisdiction and for the sanitary condition of the facilities.

(b)Weekly report required. Detailed weekly reports shall be made to the chief by the deputy commissioners of all the conditions existing in the department with reference to detainees and prisoners and the buildings and grounds, showing briefly the events during the preceding week, including such things as the number of detainees and prisoners, complaints, care and changes of food, condition of clothing, bedding and buildings, as to cleanliness, sanitation and the like.

(c)Inspection of detainees and prisoners; facilities. The chief shall make inspections of the correctional facilities and grounds and also of detainees and prisoners. These inspections shall be made at least once every month and shall be as thorough, complete and exhaustive as practicable. (Code 1977, § 11-5002; Ord. No. 1995-07, § 19, 3-8-95; Ord. No. 2002-71, § 71, 9-16-02)

§ 98-155

Assignments to certain positions without competitive examination.

Sec. 98-155. Assignments to certain positions without competitive examination.

The chief of corrections or that official's designee is hereby authorized, in the chiefs discretion, to make assignments to the positions of (corrections assistant chief), corrections deputy chief, major and (captain), without reference to competitive examination or eligible lists. Any (corrections assistant chief), corrections deputy chief, major, or (captain) so designated may be removed or transferred at the pleasure of the chief of corrections. Such person so removed or transferred shall thereupon resume the nondiscretionary rank or title in the department of corrections held immediately prior to such person's discretionary assignment as a (corrections assistant chief), deputy chief, major or (captain). Such person shall be notified in writing of the removal or transfer. (Ord. No. 1996-69, § 1, 9-23-96; Ord. No. 2002-71, § 71, 9-16-02; Ord. No. 2011-09(11-O-0316), § 1, 3-30-11)

§ 98-156

Evaluation of employee's mental or physical fitness.

Sec. 98-156. Evaluation of employee's mental or physical fitness.

The chief of corrections is authorized to order an employee of the department of corrections to submit to an evaluation of the employee's mental or physical fitness for duty, when there is an articulable basis to suspect that an employee may be physically or mentally impaired. If such an evaluation reveals possible impairment, the chief may make whatever administrative reassignment deemed necessary by the chief and seek approval from the commissioner of personnel and human resources and the chief operating officer to invoke the disability process set forth in chapter 114, article IV, division 12 of this Code pertaining to the civil service rules and regulations. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-157

Uniform allowance for employees.

Sec. 98-157. Uniform allowance for employees.

The city council shall provide a uniform or uniform allowance each year to the uniformed employees of the department of corrections, the costs thereof not to exceed $600.00. In lieu of providing uniforms to employees who perform correctional duties but who do not wear uniforms, the city council shall pay the sum of $600.00 per year, half of this sum to be paid in March of each year and half in September. (Ord. No. 1997-43, § 3, 8-11-97)

§ 98-158

Physicians; examination of inmates.

Sec. 98-158. Physicians; examination of inmates.

(a)Physicians selected by the chief of corrections shall examine all inmates when they are received by the department of corrections through any detention facility and as frequently thereafter as may be necessary to ascertain whether they are suffering from any infectious or contagious disease. A physician shall see that no healthy inmate shall be furnished or shall occupy a bed previously occupied by a diseased inmate, until the bed is cleaned or sterilized, and that no healthy inmate is furnished with or shall use eating or drinking vessels previously used by a diseased inmate, unless such vessel has been thoroughly cleaned or sterilized.

(b)A physician shall assist in the planning and developing of such programs that are necessary and proper for the treatment of alcoholic and other inmates and shall participate in programs, conferences and other like meetings consistent with treatment programs, any and all expenses to be compensated by the city. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-159

Food for inmates.

Sec. 98-159. Food for inmates.

The chief of corrections shall prescribe the character and quality of food to be furnished to inmates at all detention facilities. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-160

Custody of clothing and effects of inmates.

Sec. 98-160. Custody of clothing and effects of inmates.

The chief of corrections shall provide for the custody of clothing and other effects of inmates. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-161

Sanitation and health.

Sec. 98-161. Sanitation and health.

(a)The general sanitary conditions of detention facilities shall meet the minimum health requirements prescribed by law.

(b)The chief of corrections shall prescribe the quantity of bedding to be furnished city inmates and how it shall be kept clean and sanitary and in compliance with subsection (a) of this section, as well as how it shall be used by the inmates.

(c)The chief shall provide for the separation of healthy and unhealthy inmates when the health of other inmates may be threatened. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-162

Records and reports of work details.

Sec. 98-162. Records and reports of work details.

(a)The correctional officer in charge of the work detail shall keep a book showing the name of each inmate turned over to that officer from the municipal court, the time for which each inmate is sentenced, when the inmate was received, when the inmate was discharged and the number of days worked.

(b)The chief shall make a monthly report to the chief operating officer showing the facts required to be kept of record by subsection (a) of this section. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-163

Inmates working for city or housing authority.

Sec. 98-163. Inmates working for city or housing authority.

(a)The chief of corrections may deliver to the various departments of the city and the housing authority municipal inmates incarcerated in detention facilities for the purpose of work useful to the city or the housing authority, except those inmates needed for the maintenance, construction, improvement or operation of detention facilities.

(b)The authority to decide all questions as to the assignment of inmates is vested in the chief. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-164

Release on recognizance.

Sec. 98-164. Release on recognizance.

The mayor or the mayor's designee shall be authorized to establish regulations under which the chief of corrections may release persons charged with violations of city ordinances on their own recognizance pending trial. (Ord. No. 2002-71, § 71, 9-16-02)

§ 98-165

Records.

Sec. 98-165. Records.

The department of corrections shall keep a book showing the name of each offender turned over to the department from the city's courts for work details, the time for which each offender is sentenced, dated received, date discharged from city custody, and number of days worked. The deputy commissioner shall make a monthly report to the commissioner showing the facts above required to be kept of record. (Code 1977, § 11-5011; Ord. No. 1995-07, § 23, 3-8-95; Ord. No. 2005-03, § 10, 1-10-05)

Secs. 98-166—98-175. Reserved.

DIVISION 3. CORRECTIONAL FACILITY RULES*

§ 98-176

Rules for discipline of inmates.

Sec. 98-176. Rules for discipline of inmates.

(a)The mayor or the mayor's designee shall prepare, promulgate, publish and enforce rules and regulations concerning the discipline of in-*Cross reference—Domestic partners allowed visitation privileges, § 94-135.

mates in detention facilities. These rules shall enable the correctional officers to maintain order and to prevent activities detrimental to the treatment and safety of inmates and employees. These rules shall also govern, as far as possible, the method, time and infliction of punishment and shall require that records be kept thereof.

(b)The mayor may promulgate standards by which the mayor might reduce the term of an offender for good behavior and faithful performance of duties while confined.

§ 98-177

Punishment of inmates.

Sec. 98-177. Punishment of inmates.

No inmate shall be punished, except upon order of the commissioner of corrections. This punishment shall be pursuant to the rules promulgated for the discipline of inmates pursuant to section 98-176, but no inmate shall be so disciplined until a hearing has been held for the purpose of determining whether that punishment is fairly warranted. The hearing shall be granted automatically for the inmate, except in cases of emergency.

§ 98-178

Inmate's refusal to carry out orders or instructions.

Sec. 98-178. Inmate's refusal to carry out orders or instructions.

(a)It shall be unlawful for any inmate in a city detention facility or any person under arrest and in the custody of any duly authorized officer of the city to fail or refuse to promptly carry out the lawful orders or lawful instructions given by that officer or any sworn correctional officer.

(b)Violations of this section shall be tried in the municipal court.

§ 98-179

Clothing for inmates.

Sec. 98-179. Clothing for inmates.

(a)The chief of corrections shall prescribe the character and quality of clothing to be furnished for inmates and the means to be used whereby this clothing shall be kept clean and how it shall be worn.

(b)The chief shall cause to be purchased a supply of clothing, of suitable texture and color, which shall be worn by male and female inmates during their confinement under sentence from the city's courts. At the end of the term of imprisonment of the inmate, the city clothes shall be removed, and the personal effects of the inmate shall be returned to the inmate. Thereafter, after the correctional officials shall thoroughly cleanse and fumigate the city clothing that was worn by the inmate.

(c)It shall be an offense for an inmate under the control of the chief to take, convert or otherwise permanently remove from city control cityissued clothing while in the process of escaping the lawful control of the department of corrections. (Ord. No. 2002-71, § 71, 9-16-02; Ord. No. 200503, § 11, 1-10-05)

§ 98-180

Inmate possession of contraband items.

Sec. 98-180. Inmate possession of contraband items.

It shall be unlawful for any inmate to knowingly possess any item, paraphernalia, instrument or drug in any detention or corrections facility which is not expressly authorized by the rules, regulations, policies or procedures of the detention or correctional facility, which are conspicuously posted at the facilities and available in written form to inmates and visitors. This section shall not apply to controlled substance violations governed exclusively by state law. (Code 1977, § 17-12004)

§ 98-181

False identification to secure admission to detention or corrections facility.

Sec. 98-181. False identification to secure admission to detention or corrections facility.

It shall be unlawful for any person to give false identification, either verbally or by presenting any fraudulent written instrument, to officers or employees of any detention or corrections facility for the purpose of securing admission to the facility, if such person would not otherwise qualify for admission. (Code 1977, § 17-12002)

§ 98-182

Bringing or sending contraband to detention or correctional facilities.

Sec. 98-182. Bringing or sending contraband to detention or correctional facilities.

It shall be unlawful for any person to knowingly assist, bring or send into any detention or correctional facility where prisoners are located under the custody of the city any items which are expressly prohibited and defined as contraband by the rules, regulations, policies or procedures of the detention or correctional facility, which are conspicuously posted at the facilities and available in written form to inmates and visitors. (Code 1977, § 17-12005)

§ 98-183

Furnishing alcohol to prisoners.

Sec. 98-183. Furnishing alcohol to prisoners.

It shall be unlawful for any person to sell, exchange, barter or in any other way provide a prisoner of the city with any amount of either methyl alcohol, ethyl alcohol or isopropyl alcohol or any compound containing any of the alcoholic substances stated in this section in any amount. (Code 1977, § 14-7004)

§ 98-184

Tuberculosis testing required.

Sec. 98-184. Tuberculosis testing required.

Employees of vendors providing services for the detainees at the Atlanta City Detention Center shall be required to obtain a and be cleared by a certified medical authority of tuberculosis at cost to said vendor. (Ord. No. 2009-49(09-O-1349), § 1, 9-11-09)

Secs. 98-185—98-205. Reserved.

ARTICLE V. RESERVE POLICE PROGRAM

§ 98-206

Created; composition.

Sec. 98-206. Created; composition.

A reserve police program (hereinafter referred to as the "program") is hereby created and established as an organization which shall be composed of retired Atlanta police officers (hereinafter "officers") who shall be appointed and sworn in as members thereof. To be eligible for membership, a retired officer must be Georgia POST certified and must have been in good standing with the city and police department when he or she retired from full-time city employment. Members shall be volunteer workers only and as volunteers, the officers serve as a supplementary force, providing assistance to full-time police officers in a variety of activities in accordance with the procedures outlined herein. (Ord. No. 1994-71, § 2, 3-24-94)

§ 98-207

Authority of chief of police over program.

Sec. 98-207. Authority of chief of police over program.

The chief of the Atlanta Police Department, subject to the restrictions and limitations contained in this article, shall have complete authority and control over the reserve police program members, and may delegate the exercise thereof, in whole or in part, to any of his or her subordinates. The chief of police shall establish by order the rules and regulations governing this program and all its members. The chief of police shall be responsible for all assignments to be carried out hereunder. (Ord. No. 1994-71, § 3, 3-24-94)

§ 98-208

Training.

Sec. 98-208. Training.

(a)In order to provide training for the members of the reserve police program, the chief of police is hereby authorized to conduct training that will achieve and maintain the requirements of the Georgia Peace Officer's Standards and Training (P.O.S.T.) certification for the officers.

(b)The chief of police shall have authority to require each member of the reserve program to satisfactorily complete all requirements of the training.

(c)Each reserve officer must satisfactorily perform volunteer service to the city each year. The minimum number of hours is to be determined by the chief of police.

(d)Each reserve officer will be subject to all police department rules and regulations and will be expected to maintain the same code of personal and professional conduct as required from fulltime city police officers.

(e)Failure of a reserve officer to satisfactorily complete all requirements of P.O.S.T. shall result in suspension from the program. (Ord. No. 1994-71, § 4, 3-24-94)

§ 98-209

Uniform and equipment regulations.

Sec. 98-209. Uniform and equipment regulations.

(a)Each officer, upon his or her retirement from full-time employment with the city police department, shall be permitted to retain city equipment, as determined by the chief. This equipment includes, but is not limited to, uniforms, firearms, badges and handcuffs.

(b)The clothing and equipment to be used by reserve police officers shall be determined by the chief of police and may include, but is not limited to, the following:

(1)A uniform which will be identical to that of the regular city police officer except for modifications, to be determined by the chief of police;

(2)A firearm;

(3)Handcuffs; and

(4)An identification card which identifies the officer as a member of the Atlanta Reserve Police Program.

(c)Each officer, while representing himself or herself as an Atlanta Reserve Police Officer shall comply with the dress code of the department and other regulations governing the uniform and equipment.

(d)Uniforms and equipment shall remain the property of the city and shall be subject to recall by the chief of police.

(e)The chief of police is hereby authorized to instruct employees benefits to withhold pension benefits of any retired officer who fails to return all city-owned equipment to the police department, after being ordered by the chief of police to do so. All pension benefits withheld will be forwarded to the retired officer when he or she has complied with the chief's order. (Ord. No. 1994-71, § 5, 3-24-94)

§ 98-210

Workers' compensation.

Sec. 98-210. Workers' compensation.

Each officer of the unit while working for the city shall be deemed a volunteer and shall not be afforded workers' compensation benefits. Reserve officers health, dental, and pension benefits will not be affected by participation in the program. (Ord. No. 1994-71, § 6, 3-24-94)

§ 98-211

Arrests.

Sec. 98-211. Arrests.

A reserve officer shall have the general powers of arrest afforded regular officers provided that he or she satisfactorily completed the training required by P.O.S.T. and the Atlanta Police Department. (Ord. No. 1994-71, § 7, 3-24-94)

§ 98-212

Application for a work permit required.

Sec. 98-212. Application for a work permit required.

(a)No officer of the reserve police program shall engage in any police work, whether as a volunteer or for pay, within the limits of the city, either in or out of uniform, until he or she has filed an application for a work permit with the chief of the Atlanta Police Department and said application has been approved.

(b)The application form for a permit to engage in any police work by the reserve program member shall be furnished by the department and shall include the following information:

(1)Name of location.

(2)Name of employer.

(3)Name of owner.

(4)Physical location of work.

(5)Nature of work.

(6)Amount of pay.

(c)Failure by a reserve police program member to first obtain an approved work permit before engaging in a police related job shall be subject to disciplinary action up to and including dismissal from the reserve program. (Ord. No. 1994-71, § 8, 3-24-94)

§ 98-213

False impersonation.

Sec. 98-213. False impersonation.

It shall be a violation, punishable by law or by fine not to exceed $1,000.00, for any person not a member of the reserve police program:

(1)To wear, display or carry, as the case may be, any item issued the city to a reserve officer in order to perform law enforcement duties; or

(2)To represent, identify or hold himself or herself out, in any manner whatsoever, to be a member of the reserve police program. The chief may terminate any re-serve officer, with or without cause, without a hearing. A reserve officer may resign at any time by notification to the chief. (Ord. No. 1994-71, § 9, 3-24-94)

Chapters 99—101 RESERVED Chapter 102 LIBRARY*