Chapter 2.115
POLICE DEPARTMENT
Sections:
2.115.020 Compensation – Salary – Collection of fees.
2.115.030 Tenure of Chief and police officers.
2.115.040 Special peace officers.
2.115.050 Assistance by civilians.
2.115.060 Rules and regulations.
2.115.070 Supervisory controls.
2.115.090 Duties of Chief of Police.
2.115.100 General powers and duties.
2.115.120 Records and reports.
2.115.130 Disciplinary proceedings.
2.115.010 Organization.
The Police Department (hereinafter called “Department”) shall consist of a Chief of Police (hereinafter called “Chief”) and such other officer, assistants, and patrolmen (hereinafter called “subordinates”), as from time to time may be appointed pursuant to resolution, statute, or ordinance. The appointment and the suspension or discharge of the “Chief” or any “subordinate” shall be the responsibility of the Town Board. (2008 code § 3.01(1))
2.115.020 Compensation – Salary – Collection of fees.
1. The Chief and the police officers shall receive a salary affixed by the Town Board and shall not be entitled to any other compensation. All fees, bail deposits, and other special remuneration or funds collected or received by the Department or any officer thereof shall be deposited with the Town Treasurer not less than weekly.
2. Such salaries, when so fixed, may be increased, but not decreased, by the Town Board unless the consent of the member or his representative whose salary is decreased has first been obtained in writing or unless the Town Board has previously negotiated in good faith with said member or his representative.
3. The Chief shall be accorded such salary as the Town Board may agree upon. (2008 code § 3.01(2))
2.115.030 Tenure of Chief and police officers.
Subject to the provisions of ETMC 2.115.130 the Chief of Police may be discharged at any time for cause by a majority vote of the members of the Town Board. The Board shall use the procedures set forth by Wis. Stat. § 62.13 to commence any action relating to the discharge of the Chief of Police. Other members of the Police Department shall hold office subject to the provisions of their contract with the Town and the provisions of ETMC 2.115.130 which incorporates the procedures of Wis. Stat. § 62.13 where applicable. (Ord. 2010-2 § 1. 2008 code § 3.01(3))
2.115.040 Special peace officers.
The Chairman and the trustees shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places in the Town. (2008 code § 3.01(4))
2.115.050 Assistance by civilians.
All persons in the Town, at the request of any police or peace officer, shall aid and assist such officer in the execution of his duties. (2008 code § 3.01(5))
2.115.060 Rules and regulations.
The Chief of Police may from time to time promulgate rules and regulations regulating and pertaining to the operation of and the manner and method of conducting the business of the Department which rules shall be in effect upon approval thereof by the Town Board. (2008 code § 3.01(6))
2.115.070 Supervisory controls.
The general and supervisory control of the Town Police Department shall be exercised by the Town Chairman as Chief Executive Officer of the Town and the Chairman of the Protective Services Committee, if any, with the approval of the Town Board. (2008 code § 3.02)
2.115.080 Appointments.
The Town Board shall appoint the Chief of Police, and all subordinate officers. Before appointment, the candidate must pass a satisfactory examination as to physical and educational qualifications, habits, reputation, and experience, as provided for by Wis. Stat. § 62.13(4)(c) and (d). The Town Board may provide competitive examinations for candidates. (Ord. 2010-3 § 1. 2008 code § 3.03)
2.115.090 Duties of Chief of Police.
It shall be the duty of the Police Chief to cause the public peace to be preserved and see that all ordinances of the Town and laws of the state of Wisconsin are enforced and obeyed. He shall be responsible for the efficient and general good conduct of his department and shall promptly report in writing to the Town Chairman and chairman of the Protective Services Committee all complaints made to him in writing against any member of the Police Department. (2008 code § 3.04)
2.115.100 General powers and duties.
1. General Powers and Duties. Each officer of the Department shall possess the powers conferred upon marshals and constables by law, shall preserve the public peace, and enforce the laws and ordinances of the state and Town subject to the orders, rules, and regulations of the Chief of Police, Chairman of the Protective Services Committee, and Chairman of the Town Board.
2. Power of Arrest. The Chief of Police and any police officer shall arrest all persons in the Town found in the act of violating any law or ordinance of the Town or state or county or aiding or abetting in such violation, and they shall arrest without warrant all persons whom they have reasonable grounds to believe have violated any law or ordinance and who will not be apprehended unless immediately arrested, shall take all arrested persons in charge and confine them, subject to the bail bond provisions set forth in Wis. Stat. §§ 66.0111 and 66.0114, and shall within a reasonable time bring such persons before the court having jurisdiction thereof, to be dealt with in accordance with law. (Ord. 2010-4 § 1. 2008 code § 3.05)
2.115.110 Training.
The Chief and when so instructed by the Chief, each officer is expected to attend all training sessions for police personnel sponsored by the League of Municipalities and other agencies. They are also expected to study all publications concerning their work which are made available by the Town Board. (2008 code § 3.06)
2.115.120 Records and reports.
The Chief shall keep a record of all complaints and applications calling for the services of the Police Department. He shall cause a daily record of all violators of laws and ordinances, fires, dangerous places, and accidents with cause and proofs. The Chief shall render a monthly report of the principal activities of the Police Department to the Town Board through the Town Chairman or Protective Services Committee Chairman. (2008 code § 3.07)
2.115.130 Disciplinary proceedings.
1. Except as may be otherwise provided in any contract entered into between the Town and the officers or their representative(s), any member of the Department including supervisory members may be suspended, discharged, removed or reduced in rank by the Town Board using the procedures set forth by Wis. Stat. § 62.13. Written charges under oath may be filed against a member including supervisors by a member of the Town Board, any Town official, the Chief or anybody of five or more electors of the Town. All charges shall be in writing, signed, under oath and shall be filed with the Town Clerk. Pending disposition of such charges, a subordinate may be suspended by the Town Board or by the Chief and the Chief may be suspended by the Town Board. Such suspension may be with or without pay.
2. Except as may otherwise be provided in any contract entered into between the Town and the officers or their representatives, a subordinate may be suspended for cause by the Chief or the Town Board as a penalty. The Chief shall file a written report of such suspension with the Town Clerk immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the Chief requests a hearing before the Town Board, the Chief shall be required to file charges with the Town Board upon which such suspension was based.
3. Except as may otherwise be provided in any contract entered into between the Town and the officers or their representatives following the filing of charges in any case, a copy thereof together with a notice of hearing shall be served upon the person charged within 10 days of the suspension. The Town Board shall set a date for hearing not less than 10 days nor more than 30 days following suspension. The hearing on the charges shall be public unless requested by the employee to be private and both the accused and the complainant may be represented by an attorney and may produce any evidence or witnesses favorable to his cause. Such hearing may be waived by the employee through a written instrument declaring intent to waive such hearing, signed by the employee and delivered to the Town Board or Town Attorney. Upon request of either party the Town Chairman shall issue subpoenas under Wis. Stat. Ch. 885. The hearings shall be conducted in conformance with Wis. Stat. § 62.13(5), the requirements of due process. The Town Attorney shall preside for the purpose of and shall have the power to determine all questions of law. In the event the party filing the charges is a member of the Town Board or is a Town official, the Town Board may authorize the expenditure of funds for legal representation of such Board member or official. In the event the party filing the charges is a member of the Town Board, he shall not participate as a member of the hearing panel.
4. If the Town Board determines that the charges are not sustained, the accused, if he has been suspended, shall be immediately reinstated and paid all pay lost during suspension. If the Town Board determines that the charges are sustained, the accused, by order of the Town Board, may be suspended or reduced in rank, or removed; any such suspension may be with or without pay.
5. The Town Board shall make findings, conclusions and orders hereunder in writing and, if they follow a hearing, shall be filed with the Town Clerk and served upon the parties. Fringe benefits shall be continued in effect until the time for appeal has expired and in the event further recourse is pursued by the discharged employee, until such time as there is a final determination. (Ord. 2010-6 § 1. 2008 code § 3.11)