Subject to Subsection 10-3-913(4), the chief of police or marshal in each city of the third, fourth, or fifth class or town:
(1) shall:
(a) exercise and perform the duties that are prescribed by the legislative body;
(b) be under the direction, control, and supervision of the person or body that appointed the chief or marshal; and
(c) adopt a written policy that prohibits the stopping, detention, or search of any person when the action is solely motivated by considerations of race, color, ethnicity, age, or gender; and
(2) may, with the consent of the person or body that appointed the chief or marshal, appoint assistants to the chief of police or marshal.