[HISTORY: Adopted by the Borough Council of the Borough of Kutztown 6-15-2004 by Ord. No. 13-2004.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Police pensions — See Ch. 33, Art. II.
Police jurisdiction — See Ch. 39.
[1]
Editor's Note: This ordinance also repealed former Ch. 38, Police Department, adopted 2-7-1961 by Ord. No. 1-1961, as amended.
The establishment of a Police Department in and for the Borough of Kutztown on January 7, 1924, is hereby ratified and confirmed.
A. 
The Chief of Police shall be the chief executive of the Police Department. The Chief of Police shall, under the direction of the Mayor and Council, be in charge of the police force and have supervision of its members in the exercise of their powers, duties and authority.
B. 
The following are the duties and responsibilities of the Police Chief:
(1) 
Plan, coordinate, supervise and evaluate Police Department operations.
(2) 
The development and preparation of policies and procedures for the Police Department, in order to implement directives from the Borough Council or Mayor.
(3) 
Plan and implement a law enforcement program for the Borough in order to better carry out the policies and goals of Borough management and the Council. In furtherance of implementing a law enforcement program for the Borough, the Chief shall also be responsible for evaluating the effectiveness of the plan and amending the plan to alleviate deficiencies.
(4) 
Coordinate the information gathered and work accomplished by various officers and assign officers to special investigations utilizing their specific skills, as the need arises.
(5) 
Assure that personnel are assigned to shifts or working units which provide optimum effectiveness in terms of current situations and circumstances governing deployment.
(6) 
Evaluate evidence, witnesses, and suspects in criminal cases to correlate all aspects and to assess for trends, similarities, or for association with other cases.
(7) 
Supervise and coordinate the preparation and presentation of an annual budget for the Department; direct the implementation of the Department's budget; plan for and review specifications for new or replacement equipment.
(8) 
Prepare purchasing proposals and bid specifications; aid in the development of ads for items to be purchased; review bids and recommend the appropriate party to be awarded contracts.
(9) 
Arrange for the preparation of Department-related ordinances and resolution and review same for accuracy.
(10) 
Be responsible for all Departmental correspondence, public relations, and public safety as concerns the operation of the Department.
(11) 
Review and approve Departmental payroll records to insure proper payment in accordance with the agreement between the Borough of Kutztown and the Kutztown Police Association.
(12) 
Assure compliance with the agreement between the Borough of Kutztown and the Kutztown Police Association.
(13) 
Direct the development and maintenance of systems, inventory and equipment and records and legal documents that provide for the proper evaluation, control and documentation of Police Department operations.
(14) 
Be responsible for the training and development of Department personnel.
(15) 
Be responsible for Departmental personnel issues, including job descriptions, evaluations, recommendation of discipline, grievances, and the efficiency and the general good conduct of assigned personnel.
(16) 
Be responsible for personnel issues for the Police Department nonuniformed employees as delegated by the Borough Manager.
(17) 
Prepare and submit periodic reports to the Borough Mayor and/or Borough Council regarding the Department's activities and other matters as appropriate.
(18) 
Meet with elected or appointed officials, other law enforcement officials, community and business representatives and/or the public on all aspects of the Department's activities.
(19) 
Attend conferences and meetings to keep abreast of current trends in the law enforcement field and to represent the Borough Police Department at a variety of local, county, and state meetings.
(20) 
Cooperate with county, state and federal law enforcement officers as appropriate where activities of the Police Department are involved.
(21) 
Direct the investigation of major crimes while at the scene and during the course of the investigation.
(22) 
Be responsible for the supervision of Departmental activities involving special detail, such as parades, stadium events, civil disturbances or major disorders.
(23) 
Fully cooperate with and provide mutual assistance between the Police Department and all other branches of the Borough.
(24) 
Perform all duties and responsibilities of the Chief of Police under the provisions of the Departmental Manual for the Kutztown Police Department, agreement between the Borough of Kutztown and the Kutztown Police Association, Rules and Regulations of the Civil Service Commission of the Borough of Kutztown, Berks County, Pennsylvania, the Borough Code, the approved Borough of Kutztown Chief of Police position description, as well as all safety policies and procedures, work rules and regulations or security standards as established by the Borough of Kutztown.
(25) 
Perform other work-related duties as assigned by the Mayor or other persons or committees as may be designated by ordinance or resolution of the Borough Council.
[Amended 7-20-2004 by Ord. No. 16-2004]
A. 
Subordinate to the Chief of Police in the Police Department, the following classifications are hereby established:
(1) 
Sergeant.
(2) 
Corporal.
(3) 
Patrol officer.
(4) 
Community service officer.
B. 
The priority of authority among such subordinate classifications shall be in order above listed, and in the event that there shall be more than one member of the Police Department holding any such classification, then as to such classification the priority of authority shall be based on seniority in that classification. The number of persons to serve in each of such classifications on a full-time and /or part-time basis, and the compensation of each shall be determined by the Borough Council from time to time. From time to time the Mayor may designate a member of the Police Department to fulfill the functions and duties of a criminal investigator.
The duties of the Department shall be to:
A. 
Prevent crimes against persons and properties.
B. 
Enforce all laws and ordinances of the Borough of Kutztown.
C. 
Promote public safety through the enforcement of highway safety and motor vehicle codes.
D. 
Maintain records and files of crimes and criminals.
E. 
Operate the facilities for the safe keeping of prisoners.
F. 
Develop and conduct community relations and educational programs.
G. 
Operate and maintain the police radio and emergency communications systems as may be assigned to the Department.
H. 
Maintain records and logs relating to radio and emergency communications as required by law.
A. 
The Sergeant shall be responsible for assisting in the direction and supervision of the Police Department and other activities of the Police Department. The Sergeant shall be responsible for providing special assistance and tactical operations, personnel, administration, and investigation. The Sergeant shall be subordinate in authority to the Police Chief and act on behalf of the Chief of Police on Borough Police business during short-term absences of the Police Chief. The Sergeant shall also supervise the Police Corporal and subordinate officers during the course of investigations, traffic regulation and related law enforcement activities.
B. 
The Sergeant shall perform all duties and responsibilities as specified in the approved Borough of Kutztown Sergeant position description.
A. 
The Corporal shall be responsible for assisting in the direction and supervision of the Police Department. The Corporal shall also be responsible for providing special assistance in personnel, administration, tactical operations, supervision and training of other officers, and other related functions. The Corporal shall be subordinate in rank to the Police Chief and the Sergeant. In the absence of both the Police Chief and the Sergeant, the Corporal shall act on behalf of the Chief of Police on Borough Police business during short-term absences of both superiors.
B. 
The Corporal shall perform all duties and responsibilities as specified in the approved Borough of Kutztown Corporal position description.
A. 
The criminal investigator shall be a patrol officer with the title of "criminal investigator" bestowed upon him/her by the Mayor, and said title shall be held at the discretion of the Mayor. The criminal investigator shall be particularly charged with the prevention of crimes, the investigation of criminal cases within the Borough, the detection and arrest of criminal offenders, the locating of missing persons, the recovery of lost and stolen property, the proper conduct of fugitive requisition proceedings, and be cognizant to all conditions relating to or tending toward the fostering of crime including vice and gambling. The criminal investigator shall acquaint him/herself with various methods of operation adopted by criminals in the commission of crime and in evading detection. He/she shall be prepared to combat criminals and take the progressive steps necessary to prevent crime in the Borough. He/she shall develop, retain and improve sources of information in every medium of the Borough's society.
B. 
In the absence of supervisory personnel, the criminal investigator, when at the scene of a crime in which he was called to or is actively engaged in a criminal investigation of, shall perform all of the supervisory and command functions of said supervisory and command personnel as it directly relates to his investigation.
C. 
The criminal investigator shall be charged with acting on behalf of the Chief of Police on Borough Police business during short-term absences of the Borough's command staff consisting of the Police Chief, Sergeant, and Corporal.
D. 
The criminal investigator shall perform all duties and responsibilities as specified in the approved Borough of Kutztown criminal investigator position description.
A. 
It shall be the duty of the Mayor to preserve order in the Borough, to enforce the ordinances and regulations, to remove nuisances, to exact a faithful performance of the duties of the officers appointed, and to perform such other duties which shall be vested in his office by law or ordinance.
B. 
Nothing herein contained shall affect the authority of the Mayor as defined by the Borough Code.