ORDER N0.29153
Kerr County Sheriff
Reserve Deputy Program
Came to be heard this the 9`h day of May 2005, with a motion made by Commissioner
Letz, seconded by Commissioner Baldwin. The Court unanimously approved by vote of
4-0-0 authorizing the Sheriff to initiate a reserve deputy sheriff program up to 10 deputies
and include workers comp for volunteers.
-~
~~`ls3
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS REQUEST ANA DOCUMENTS TO BE
REVIEWED BY THE COURT.
MADE BY: W.R HIerholzer OFFICE: Kerr County Sheriffs Office
MEETING DATE: Mav 9, 2005 TIME PREFERRED:
SUBJECT: (PLEASE BE SPECIFIC)
Consider and discuss authorizing Sheriffto initiate a reserve deputy sheriffprogram.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON
NAME OF PERSON ADDRESSING THE COURT: SheriffHierholzer
ESTIMATED LENGTH OF PRESENTATION: 10 minutes
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure [hat the matter is posted in accordance with Title 5, Chapter 551 and
552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON:
All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
May 9, 2005
TO: Kerr County Judge Pat Tinley and
Kerr County Coimiilssioners' Court
FROM: Sheriff W.R. Hierholzer
RE: Reserve Deputy Sheriff Program
Consider and discuss authorizing Sheriffto initiate a reserve deputy sheriff
program.
LOCAL GOVERNNfENT CODE -CHAPTER 85
Page 1 of 2
§ 85.004. RESERVE DEPUTIES. (a) The commissioners
court of a county may authorize the sheriff to appoint reserve
.- deputy sheriffs. The commissioners court may limit the number of
reserve deputies that may be appointed.
(b) A reserve deputy serves at the discretion of the sheriff
and may be called into service if the sheriff considers it necessary
to have additional officers to preserve the peace and enforce the
law. The sheriff may authorize a reserve deputy who is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
to carry a weapon or act as a peace officer at all times, regardless
of whether the reserve deputy is engaged in the actual discharge of
official duties, or may limit the authority of the reserve deputy to
carry a weapon or act as a peace officer to only those times during
which the reserve deputy is engaged in the actual discharge of
official duties. A reserve deputy who is not a peace officer as
described by Article 2.12, Code of Criminal Procedure, may act as a
peace officer only during the actual discharge of official duties.
A reserve deputy, regardless of whether the reserve deputy is a
peace officer as described by Article 2.12, Code of Criminal
Procedure, is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
~~ (c) A reserve deputy, before beginning to perform the duties
of office and at the time of appointment, must file an oath and
execute and file a bond in the amount of $2,000 payable to the
sheriff. The oath and bond shall be filed with the county clerk.
(d) A reserve deputy on active duty at the call of the
sheriff and actively engaged in assigned duties has the same
rights, privileges, and duties as any other peace officer of the
state.
(e) The sheriff of a county that borders the Gulf of Mexico
may organize some of the reserve deputies to serve as marine reserve
deputies and lifeguards for beach and water safety purposes and
other related functions as the sheriff may determine. A reserve
deputy performing functions under this subsection is subject to the
laws of this state that relate to reserve deputies except that they
may not carry firearms in the performance of their duties.
(f) An organization formed under Subsection (e) may include
both paid and unpaid deputies and reserve deputies. The
organization may accept contributions and gifts from foundations,
individuals, corporations, and governmental entities, including
appropriations by the state on a direct or matching fund basis, to
assist the county in providing water safety programs in the
interest of the health, safety, and welfare of persons using the
coastal water of this state.
(g) The county or sheriff is not liable, because of the
appointment of a reserve deputy, if the reserve deputy incurs
http://www.capitol.state.tx.us/statutes/docs/LG/content/htm/1g.003.00.000085.00.htm 5/2/2005
LOCAL GOVERNMENT CODE -CHAPTER 85 Page 2 of 2
personal injury while serving in an official capacity.
-- Acts 1987, 70th Leg., ch. 149, ~ 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 90, ~ 2, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, ~ 14.820, eff. Sept. 1, 2001.
http://www.capitolstate.tx.us/statutes/dots/LG/content/htm/1g.003.00.000085.00.htm 5/2/2005
GENERAL ORDER #73-2001
NUMBER: 73-2001
SUBJECT: RESERVE DEPUTIES
AFFECTED PERSONNEL: All Personnel
73.1 PURPOSE
These by-laws aze established to provide a social structure and identity only for
the County Reserve Deputies Division. All matters pertaining to the operation of
the Division will be provided by the County Sheriff's Department through the
Reserve Officer's Coordinator, appointed by the Sheriff of Kett County, Texas.
73.2 MEMBERSHIP
A. All members will be processed into the Division by the Kerr County
Sheriff's Department.
B. Honorary memberships will be given to those individuals who have
performed significant services to the Division, Sheriff s Department or
~A, community, upon approval by a majority vote of the membership.
73.3 MEMBERSHIP POSTI'IONS
A. A Reserve Coordinator will be appointed by the Sheriff of Kerr County,
Texas;
The Reserve Coordinator will have authority in matters pertaining to
scheduling and organizing only as delegated by the Sheriff.
B. A secretary will be elected by majority vote of the membership to serve a
one-year term;
It will be the responsibility of the secretary to keep records of all pertinent
information for the meetings of the Division.
C. A treasurer will be elected by a majority vote of the membership to serve a
one-yeaz term;
The treasurer will be responsible for any financial transactions drrected by
the Sheriff or Reserve Coordinator or a majority vote of the membership.
D. No membership position shall have any governing authority over the
-.. Division operation.
°- GENERAL ORDER #73-2001
E. All members must meet TCL.EOSE requirements.
73.4 MEETINGS
A. Meetings are mandatory, unless prior approval from the coordinator,
assistant coordinator, Chief of Operations or the Sheriff to be absent is
obtained;
B. Only work-related excuses or situations that place a burden or hardship on
the officer or his family will be considered for absences;
C. Three consecutive unexcused absences will constitute reason for dismissal
from the Division.
73.5 DUTIES AND RESPONSIBII,TTIES
A. All reserve officers will comply with all titles of the Kerr County Sheriff's
Department policy manual;
B. All reserve officers will fulfill the 20-hour requirement as directed by the
-- Reserve Coordinator and/or the Sheriff.
73.6 ADOPTION
A. These by-laws shall be adopted by a favorable majority of members
present and eligible to vote.
~,