[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie 2-5-2007 by Ord. No. 07-04. Amendments noted where applicable.]
It is the purpose and intent of this chapter to provide for the protection of persons and property within the Village of Pleasant Prairie by establishing certain policies of the Police Department, including staffing levels, duties of the Chief of Police and the circumstances under which the Village may contract for police services.
In this chapter the following words shall have the following meanings:
- AVERAGE RESPONSE TIME
- The average amount of time that it takes for an emergency services provider to arrive on the scene in response to a call for service.
- BASED WITHIN THE VILLAGE
- Physically operating from a facility located within the corporate boundaries of the Village of Pleasant Prairie, which facility shall be open to the public for the purpose of reporting crimes and conducting official business and shall include the office of the Chief of Police and be the headquarters and deployment point for officers and detectives assigned to the Village of Pleasant Prairie.
- CONTRACTED LAW ENFORCEMENT SERVICES
- Refers to an agreement between the Village of Pleasant Prairie and another municipal or county government whereby that government's law enforcement agency shall supply primary law enforcement services to the Village of Pleasant Prairie in exchange for payment agreed upon by the two parties.
- CONTRACT PROVIDER
- A law enforcement agency of another municipal or county government which provides contracted law enforcement services to the Village of Pleasant Prairie.
- INVESTIGATIVE PERSONNEL
- A police officer holding the rank of detective or above and whose primary and permanent assignment is the investigation of actual or suspected criminal activity and who has received advanced training in the investigation of crimes against persons and property, including but not limited to death investigation, fraud and white collar crime investigation, arson, burglary and sensitive crimes investigation.
- MINIMUM STAFFING LEVEL
- The minimum number of full-time police officers, including the Chief of Police, to be employed by the Village, deemed necessary in order to adequately protect persons and property in the Village, keep the peace and provide other services required by this chapter.
- OFFICIAL RECORDS
- Records routinely kept in the course of business related to the agency operations and the conduct of official business.
- PART - I CRIME CLEARANCE RATE
- The percentage of Part - I crimes reported to a law enforcement agency that have been cleared by arrest or exceptional means based on statistics published by the Wisconsin Department of Justice Office of Justice Assistance.
- PRIMARY LAW ENFORCEMENT SERVICES
- Those services that a municipal police agency provides to a community for the purpose of protecting the persons and property of its citizens from criminal activity and to keep the peace. These services include the routine patrol of the community, response to calls for service from the citizens, documentation and investigation of crimes occurring in the community, enforcement of state laws and local ordinances, arrest of offenders, control of traffic and enforcement of traffic regulations and provision of certain ancillary services intended to prevent or reduce the number of crimes.
The Police Department of the Village shall be comprised of a Chief of Police and such other full-time police officers, and such part-time police officers, that the Village Board may from time to time authorize. The Chief and officers of the Department shall be employees of the Village and subject to all applicable laws of the State of Wisconsin and Village ordinances. The Chief of Police and subordinates shall be appointed as set forth in § 18-31 of the Village Code.
The Village Board may also, from time to time, authorize the employment of nonsworn support personnel who are also subject to all applicable laws of the State of Wisconsin and Village ordinances.
The minimum staffing level of the Village Police Department shall equal the ratio of 1.5 full-time sworn members per 1,000 residents of the Village, including the Chief of Police, based upon the most recent population figures supplied by the Wisconsin Department of Administration unless such staffing would cause a significant fiscal hardship on the Village. The Village Board may increase this ratio as the growth of the Village and other circumstances require, but may not decrease the number below 1.5 full-time officers per 1,000 residents except by a vote of majority of the Village Board because the staffing at that level would cause a significant fiscal hardship on the Village.
Primary law enforcement services shall be provided by the Village Police Department. This does not preclude the Chief of Police from entering into agreements with other agencies for the provision of specialized services, nor does it in any way limit the authority of the Chief of Police or his or her designee(s) from requesting or providing mutual assistance.
It is the policy of the Village of Pleasant Prairie that the Village Police Department shall collaborate and cooperate with other law enforcement agencies insofar as it is practical to do so and does not conflict with any applicable state law or Village ordinance, or the operations of the Police Department.
All full-time police officers in the Village shall be subordinate to and under the control and direction of the Chief of Police. It shall be the duty of the Chief of Police to cause the public peace to be preserved, and to see that all the laws and ordinances in the Village are enforced. The Chief of Police shall be responsible for the efficiency and general good conduct of the Department, and shall have the authority to promulgate such rules and regulations as are necessary to accomplish the good government of the Police Department.
The Chief of Police shall obey all lawful written orders of the Village Board and the Village Administrator, and the Chief of Police and any Village police officer shall, within the exercise of the officer's professional discretion, arrest, with or without process, every person found in the Village engaged in any disturbance of the peace or violating any law of the state or ordinance of the Village.
The Chief of Police shall periodically report to the Village Board and the Village Administrator and the Police and Fire Commission on the activities of the Department and shall assist the Village Administrator in preparing the Department's proposed budget.
The Village, having elected to create and maintain its own Police Department pursuant to § 61.65(1)(a)1, Wis. Stats. shall not enter into any contract for police services as provided for in §§ 61.65(1)(a)2 and 59.03(2)(e) Wis. Stats., unless all of the following conditions are met:
The Village Board shall adopt a resolution directing the Village Administrator to prepare and issue a request for proposals from one or more potential contract providers to provide contracted law enforcement services to the Village of Pleasant Prairie.
Any law enforcement agency responding to the Village's request for a proposal to contract to provide police services to the Village of Pleasant Prairie shall have achieved for a minimum of three years prior to the date of the submission of the response, and shall maintain during the consideration of the proposal and the life of the contract, a minimum overall Part - I crime clearance rate of 50% as reported annually by the Wisconsin Office of Justice Assistance, or, in the event such statistic is no longer reported, a sufficiently similar indicia of reliability reported by a state entity.
The successful respondent to a request for proposal to provide contract police services shall have achieved for a minimum of three years prior to the date of the submission of the response and shall maintain during the consideration of the proposal and the life of the contract an average response time of less than four minutes to calls for service of a serious nature, including but not limited to in-progress crimes and motor vehicle crashes. The proposed contract provider shall submit documentation to the Village in order to fulfill this requirement initially with its proposal to provide services and then monthly during the life of the contract. Such documentation shall include the official records of the contract provider, including computer-aided dispatch records.
Any proposed contract shall provide for a minimum of 1.5 full-time officers per 1,000 residents, excluding the Chief of Police appointed by the Village of Pleasant Prairie, based upon the most recent population figures supplied by the Wisconsin Department of Administration. Such officers shall be based in the Village and shall perform their duties exclusively within the Village except when leaving the Village is necessary to carry out those duties or to fulfill a request for mutual aid. This contractual requirement shall not apply in the event that the Village Police Department is not meeting this threshold, but in that case the proposed contract shall provide for at least equivalent staffing to that provided by the Village Police Department.
Of the total number of officers provided by the contract provider pursuant to Subsection D above, a minimum of 12% of those officers shall be trained and experienced investigative personnel with no less than three years experience at the rank of detective or above and shall also be based within the Village and shall be dedicated exclusively to Village investigations. Nothing in this subsection precludes these officers from leaving the Village when necessary to carry out their duties. This contractual requirement shall not apply in the event that the Village Police Department is not meeting this threshold, but in that case the proposed contract shall provide for at least equivalent staffing to that provided by the Village Police Department.
The officers assigned to the Village shall be under the direct supervision of the contract provider. The offices of the Chief of Police shall continue to be located within the corporate limits of the Village of Pleasant Prairie. The Chief of Police shall not be assigned duties by the contract provider, but the Chief of Police shall be responsible for the administration of the contract for police services on behalf of the Village, and such other duties as directed by the Village Board.
The successful respondent to a request for proposal to provide police services shall specifically identify and nominate for consideration by the Police and Fire Commission the contract provider's personnel who will be assigned, based in and serve the Village. The Police and Fire Commission shall have the right to review any and all personnel records, including preemployment physical and psychological reports held by the contract provider regarding the nominated officer and, if deemed necessary by the Commission, shall have the authority to require further or renewed testing at the contract provider's expense.
All selected officers approved by the Village Police and Fire Commission shall be assigned by the contract provider to the Village and shall not be reassigned outside the corporate limits of the Village of Pleasant Prairie without the consent of the Village Board.
Selected officers shall serve during good behavior and may be suspended or removed for cause by the Pleasant Prairie Police and Fire Commission. If an officer is removed or a position becomes vacant, the contract provider shall nominate alternative personnel to replace them. The contract provider may assign personnel from within the provider's agency to fill any temporary or permanent vacancy or to satisfy any temporary assignment necessitated by illness, leave or absence, vacation or other temporary situation, but in no case shall a temporary assignment exceed 30 days without approval of the Police and Fire Commission and the Village Board.
The contract shall not take effect until the expiration of any collective bargaining agreement covering existing officers of the Village of Pleasant Prairie Police Department and in any event shall not take effect or be enforceable against the Village until at least one year after it is approved by all parties in the manner set forth below in Subsection M, and, if applicable, Subsection N.
The contract shall not be for a period of less than five years.
If the contract is terminated or not renewed for reasons by either a contractor or its subcontractor, the contract provider shall indemnify the Village of Pleasant Prairie for any and all costs associated with reinstating a Village Police Department at the same staffing level that existed at the time the contract terminated, including the cost of personnel and equipment.
Any proposed contract for police services shall not be enforceable unless approved by majority of the Village Board and shall not be implemented or enforceable against the Village unless approved by a majority of the electors at a binding referendum to be held at the next regularly scheduled November election within the Village of Pleasant Prairie.
The Village Board may require additional contract provisions but shall not modify any of the above conditions unless approved by a majority of the electors at a binding referendum to be held at the next regularly scheduled November election within the Village of Pleasant Prairie.