Chapter 2.92 POLICE DEPARTMENT

There is created a police department, an executive department of the village. The police department shall consist of the chief of police and such other members as may be provided for from time to time by the president and board of trustees. Neither the chief of police nor any of the policemen or other employees of the police department shall be considered as officers of the village, but they shall all be considered employees of the village. (Ord. 2006-36 § 1, 2006)

2.92.020 Office of chief created.

There is created the office of police chief. (Ord. 2006-36 § 1, 2006)

2.92.030 Police chief – Appointment.

The chief of police shall be appointed by the village president with the advice and consent of the board of trustees. (Ord. 2006-36 § 1, 2006)

2.92.035 Police chief – Bond.

The chief of police shall, before entering upon the duties of his or her office, execute a bond to the village in the sum of five thousand dollars, with such sureties as the board of trustees shall approve, conditioned for the faithful performance of the duties of his or her office as prescribed by law and ordinance of the village. (Ord. 2006-36 § 1, 2006)

2.92.037 Police chief – Salary.

The chief of police shall receive as a salary such sum or sums as are provided from time to time by the appropriation ordinance. (Ord. 2006-36 § 1, 2006)

2.92.040 Office of deputy chief created.

There is hereby created the office(s) of deputy chief. (Ord. 2006-36 § 1, 2006)

2.92.041 Appointment of deputy chief(s).

The village president shall appoint, suspend, demote, remove or discharge the deputy chief(s) of police with the advice and consent of the board of trustees. (Ord. 2006-36 § 1, 2006)

2.92.042 Duties and responsibilities of the deputy chief(s).

The deputy chief of police shall have the following duties and responsibilities:

A. Discharge all duties imposed upon him or her by law and the ordinances of the village.

B. Be responsible for the faithful and efficient conduct of the operation of the department of police.

C. Be responsible for the enforcement and maintenance of law and order.

D. Assist the chief of police as needed or directed by the chief of police. (Ord. 2006-36 § 1, 2006)

2.92.043 Deputy chief(s) if from ranks.

A. Appointment as Deputy Chief – Resume Prior Status. If any member of the police department, having a rank therein under the classified service of the village or other tenure of office, may be appointed deputy chief, then upon the expiration of his or her term as deputy chief of police, he or she shall resume his or her status and rank held prior to his or her appointment as deputy chief. (Ord. 2006-36 § 1, 2006)

2.92.044 Deputy chief – Salary.

The deputy chief(s) shall receive as salary such sum or sums as are provided from time to time by the appropriation ordinance. (Ord. 2006-36 § 1, 2006)

2.92.045 Office of commander created.

There is hereby created the supervisory office(s) of commander. The office of commander(s) shall be an exempt rank immediately below that of deputy chief of police. (Ord. 2019-17 § 4, 2019)

2.92.046 Appointment of commander(s).

The village president shall appoint, suspend, demote, remove or discharge the police commander(s) with the advice and consent of the board of trustees. (Ord. 2019-17 § 5, 2019)

2.92.047 Duties and responsibilities of commander(s).

The commander(s) shall have the following duties and responsibilities:

A. Discharge all duties imposed upon him or her by law and the ordinances of the village.

B. Be responsible for the faithful and efficient conduct of the operation of the department of police.

C. Be responsible for the enforcement and maintenance of law and order.

D. Perform such administrative and supervisory functions as shall be assigned by the chief of police and/or deputy police chief. (Ord. 2019-17 § 6, 2019)

2.92.048 Commander(s) if from ranks.

A. Appointment as Commander – Resume Prior Status. If any member of the police department, having a rank therein under the classified service of the village or other tenure of office, may be appointed commander, then upon the expiration of his or her term as police commander, he or she shall resume his or her status and rank held prior to his or her appointment as commander. (Ord. 2019-17 § 7, 2019)

2.92.049 Commander – Salary.

The commander(s) shall receive as salary such sum or sums as are provided from time to time by the appropriation ordinance. (Ord. 2019-17 § 8, 2019)

2.92.050 Organization and operation of department.

The police department shall be organized and the policemen and employees thereof shall be appointed and shall function as provided by ordinance and the rules and regulations applicable to the police department. (Ord. 2006-36 § 1, 2006)

2.92.060 Department ranks.

A. The police department shall consist of the following ranks: chief of police, deputy chief, commander, sergeant, patrol officers, special police officers and reserve police officers. There shall be appointed in the manner as set forth in this chapter one chief of police, one deputy chief, and two commanders. Any person presently holding a rank shall continue holding said rank. These persons shall receive such compensation as is provided from time to time in the appropriation ordinance.

B. Persons in the ranks set out in subsection A of this section shall perform such duties as are delegated by the chief of police and any applicable ordinance. (Ord. 2019-17 § 9, 2019; Ord. 2015-15 § 3, 2015; Ord. 2006-36 § 1, 2006)

2.92.070 Appointments and promotions.

Appointments to and promotions within the police department shall be made by the board of fire and police commissioners in the manner provided by law. (Ord. 2006-36 § 1, 2006)

2.92.080 Discharges.

No policeman shall be discharged from the department except after a hearing on charges before the board of fire and police commissioners as provided by law. (Ord. 2006-36 § 1, 2006)

2.92.090 Oath of office.

A. The chief of police and all regular policemen shall, before entering upon their duties, take and subscribe an oath to faithfully and impartially discharge the duties of their position as fixed by ordinance.

B. The oath shall be as follows:

I do solemnly swear (or affirm) that I will support the constitution of the United States, the constitution of the State of Illinois and the Ordinances of the Village of Riverdale, and that I will faithfully discharge the duties of __________ to the best of my ability.

C. This oath or affirmation, so subscribed, shall be filed in the office of the village clerk. (Ord. 2006-36 § 1, 2006)

2.92.095 Police officer’s standards and training.

The village is required to participate in the program provided for in the Illinois Police Training Act (the Act) for the certification of a police officer’s successful completion of the Minimum Standards Basic Law Enforcement Training Course. (Ord. 2017-05 § 3, 2017)

2.92.096 Certification by State Board required.

Before an individual may commence regular employment as a police officer, he/she must have been certified by the Illinois Local Government Law Enforcement Training Board as having successfully completed an approved training course as provided in the Act, and such basic training must be completed by the trainee within six months from the date of initial full-time employment. (Ord. 2017-05 § 4, 2017)

2.92.097 Costs of training – Reimbursement.

The village shall advance the cost of training required under this chapter, if such training is obtained during the time the police officer is an employee of the city. However, the police officer shall reimburse the city for all such costs if the police officer voluntarily leaves the employment of the village, as follows:

A. If the police officer leaves within one year of the date of the completion of the training, the police officer shall reimburse one hundred percent of said costs.

B. If the police officer leaves after one year of service, but before the second anniversary of the date of the completion of the training, the police officer shall reimburse seventy-five percent of said costs.

C. If the police officer leaves after the second anniversary, but before the third anniversary of the completion of the training, the police officer shall reimburse fifty percent of said costs.

D. If the police officer leaves after the third anniversary, but before the fourth anniversary of the completion of the training, the police officer shall reimburse twenty-five percent of said costs. (Ord. 2017-05 § 5, 2017)

2.92.100 Powers of police.

A. The members of the police force of the village shall have power and authority, and it shall be their duty, in the village and outside of the same, when necessary and lawful, to serve and execute warrants and other process for the apprehension and commitment of persons charged with a violation of any of the village ordinances or any crime or misdemeanor or offense against the laws of the village or state, or held for examination or trial, or taken in execution for the commission of any crime or misdemeanor or violation of any law or ordinance of the village; and they shall have the power and authority, and it shall be their duty, to serve and execute any civil process issued on behalf of the village by any court of proper jurisdiction; and while serving or executing or assisting in the service or execution of any such warrant or process, they shall be vested with and have all the powers and authority conferred on constables at common law and by the laws of the state.

B. They shall have the power, and it shall be their duty, to arrest, on view, all persons in the village found in the act of violating any law or ordinance, or aiding or abetting in such violation, and to bring such persons so arrested before the court of proper jurisdiction, to be dealt with according to law. (Ord. 2006-36 § 1, 2006)

2.92.110 Duties of police – Generally.

The chief of police and all members of the police force of the village, when on duty, shall devote their time and attention to the municipal affairs of the village, to preserve the peace, order, safety and cleanliness thereof; and to this end they shall execute and enforce all ordinances and police regulations and orders of the president and village board. They shall take notice of all nuisances, and at all times render all necessary assistance to all village departments in the abatement thereof. They shall take notice, also, of the impediments, obstructions and defects in the walks, streets, avenues, alleys and public places of the village, and shall remove the same or cause immediate notice to be given the proper person, whose duty it may be to attend to the same, according to the ordinances of the village. (Ord. 2006-36 § 1, 2006)

2.92.120 Duty to appear as witness.

All policemen making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court and the village prosecuting attorney, and no village policeman shall be entitled to any witness fees to be taxed against the village in any action for the violation of an ordinance where the village is plaintiff. (Ord. 2006-36 § 1, 2006)

2.92.130 Duty to aid fire department.

It shall be the duty of the police department to aid the fire department by giving alarms in case of fire, and clearing the streets or grounds in the immediate vicinity of the fire, so that the members of the fire department shall not be hindered or obstructed in the performance of their duties. (Ord. 2006-36 § 1, 2006)

2.92.140 Duty to regulate traffic.

The members of the police force of the village shall regulate and direct, when necessary, the travel and movement of all persons and vehicles, traveling or going in the public streets or other thoroughfares within the village, for the purpose of preventing injuries to persons or property and of preserving peace and public order. All persons so traveling or going, or having charge of such vehicles, are required to obey the orders and directions of members of the police force of the village for the aforesaid purpose. (Ord. 2006-36 § 1, 2006)

2.92.150 Removal of abandoned vehicles.

The members of the police force shall remove any abandoned or unattended vehicle standing on the main traveled part of a street or highway in the village. They shall provide for the removal of such vehicle to the nearest garage or other place of safety. (Ord. 2006-36 § 1, 2006)

2.92.160 Accident reports.

It shall be the duty of each and every policeman of the village, whenever any accident shall occur within the municipal limits of which he or she has notice or knowledge, to report forthwith in writing to the chief of police, on the forms so provided by the department. (Ord. 2006-36 § 1, 2006)

2.92.170 Report of property seized or found.

It shall be the duty of policemen to report and deliver to the chief of police all property seized or found by them immediately after the same have come into their possession, which property, with the date of delivery and description of the same, and the name of the policeman depositing the same, shall be entered in a book kept for that purpose by the chief of police, who shall be responsible for the same. (Ord. 2006-36 § 1, 2006)

2.92.180 Badges.

Every member of the police department shall wear a suitable badge, to be furnished by the village, and any member who shall lose or destroy the same shall be required to pay the cost of replacing it. Whenever any member leaves the department, he or she shall immediately deliver to the chief of police his or her badge and all other articles in his or her possession belonging to the village. (Ord. 2006-36 § 1, 2006)

2.92.190 Bail – Police not to become or furnish.

No member of the police force shall become or furnish bail for any person arrested for violation of any ordinances of the village, or for the criminal laws of the state. (Ord. 2006-36 § 1, 2006)

2.92.200 Duties of chief of police.

A. Jail. The chief of police shall be keeper of the village jail, and shall have custody of all persons therein.

B. Responsibility. The chief of police shall be responsible for the performance by the police department of all its functions, and all persons who are members of the department shall serve subject to the orders of chief of police.

C. Posting Notice of Rights. The chief of police shall post in every room, other than cells, of the building where persons are held under arrest, or are held in custody, in conspicuous places, where it may be seen and read by persons in custody and others, a poster printed in large type, containing a verbatim copy in the English language of the provisions of 725 ILCS 5/103-2, 5/103-3, 5/103-4, 5/109-1, 5/110-2, 5/110-4 and subparts (a) and (b) of Sections 5/110-7 and 5/113-3.

D. Stolen Property. The chief of police shall be custodian of all lost, abandoned or stolen property in the village and shall make disposition of the same in accordance with state statute.

E. Reports. The chief of police shall, prior to the first meeting of the village board in June of each year, make an annual report in writing to the village board of the state of the police department with a detailed report of the transactions of the department for the preceding year, with such statistics and suggestions in regard to the requirements of the department as he or she may deem advisable; and shall also make reports of any matter or thing concerning such department, whenever requested by the president or village board.

F. Execute Orders of Health Officer. The chief of police shall execute or cause to be executed all orders directed to him or her by the health officer, so far as they relate to the preservation of the health of the village.

G. Records of Persons Arrested. It shall be the duty of the chief of police to keep a record of the names of all persons arrested or committed to the village jail or county jail in a book to be provided for such purpose. Such record shall show the date of arrest or committal, the number of days imprisoned, the amount of the fine, when and to whom paid, and the date of discharge or other disposition of such persons. The chief of police shall be the keeper of the jail and shall have custody over all persons confined therein and of all property pertaining thereto.

H. Rules and Regulations. The chief of police may make or prescribe such rules and regulations for the guidance of the members of the department as he or she shall see fit; and such rules, when approved by the president and board of trustees, shall be binding on such members.

I. Reports to State. The chief of police shall make a report to the State Department of Public Works and Buildings for each motor vehicle accident occurring within the village within ten days after investigation of such accident.

J. Press Cards. The chief of police has power to issue press cards entitling the holder thereof to pass police and fire lines for the purpose of gathering and editing spot news or photographing news events in the village. Such press cards shall be issued only to those engaged in gathering, reporting, editing or photographing current news events for newspapers, press associations, newsreels, radio and television stations. The application for such press cards shall be made in writing by the employer on behalf of the employee qualified to hold press cards. The employer shall represent that the employee on whose behalf an application for a press card is made is a full-time reporter, editor, writer, photographer or broadcaster of spot news, is of good moral character and is a citizen of the United States. No such card shall be issued unless the applicant meets these requirements and unless and until the fingerprints of the prospective holder are filed in the office of the chief of police. (Ord. 2006-36 § 1, 2006)

2.92.210 Administrative aide – Confidential executive secretary – Police chief.

A. There is hereby created the position of administrative aide – confidential executive secretary to the chief of police. The chief of police may recommend a person to fill said position to the village president. The village president, subject to approval by the board of trustees, shall appoint the administrative aide – confidential executive secretary to the chief of police.

B. The person appointed to said position shall perform such duties and functions as designated by the president and board of trustees. (Ord. 2006-36 § 1, 2006)

2.92.220 Outside employment.

Village employment shall be considered the primary employment for all regular village employees.

A. Regular village employees may not carry on, concurrently with village employment, any employment which affects the time or quality of their work, or which casts discredit upon or creates embarrassment of the village government.

B. Employment outside of the village must be approved in writing by the department head and such authorization will be filed in the employee’s personnel record. The department head may reject the request if it is deemed to affect village employment.

C. Employees sustaining injuries while engaged in outside employment are ineligible to receive benefits under the village’s worker’s compensation as a result of disability resulting from the outside employment.

D. With the exception of approved instances for members of the police department, village employees employed outside of the village will not wear or display any portion of village-provided equipment or clothing that may be perceived as identifying them as an employee of the village.

E. Equipment, facilities, vehicles or property of the village shall not be used by employees for outside employment, except with the prior consent of the department head. If the department head allows the use of the foregoing item or items an appropriate charge for use of these items will be made to the agency, firm, or individual receiving benefit from the use of these items. The publications of the Illinois Department of Transportation are a source of information on appropriate charges for many classes of equipment.

1. The village administrator and village clerk may waive any fee for the use of meeting rooms owned by the village which will be used by charitable, civic, governmental organizations.

2. Any other fee waivers will be approved by a motion of the village board.

F. Special Provisions for Police Officers.

1. Government Units. Any employment of village police officers by other units of government will be approved by the village board using an intergovernmental agreement.

2. Nongovernment Units. With the written approval of the chief of police, filed in the appropriate personnel record, a sworn police officer may wear his or her village police uniform and associate police equipment, to include his or her service weapon, when employed outside of the village. In addition, the chief of police may authorize the use of a village police cruiser by the officer in this situation.

a. The village will not pay the officer for any hours worked in employment outside of the officer’s village employment.

b. The chief of police will determine the rental charge to be used for the use of a police cruiser. The chief of police will provide documentation to the village clerk in order that the agency or firm using the vehicle can be billed for the rental charge.

c. Officers so employed will be subject to immediate recall to village duty by the chief of police or his or her designee in the event of an emergency declared by the chief of police or his or her designee. (Ord. 2006-36 § 1, 2006)