[Adopted as §§ 3.01 to 3.16 and 3.18 of the 1961 Code]
The head of the Department of Police shall be known as the Superintendent of the Department of Police. Duties and responsibilities of the position are vested in the Village Manager or other individual appointed by the Village Board. The Superintendent of the Department of Police shall be responsible to the Village Board for the efficiency and general good conduct of the Department of Police.
In addition to the Superintendent of the Department of Police, the following positions are established in said department:
Chief of Police (one).
Captain of Police (one).
Sergeant of Police.
Investigator of Police.
Municipal Court Clerk.
There shall always be a Chief. The number of persons in the other positions provided for shall be decided by the Village Board from time to time, and the Village Board may from time to time determine that any position which is vacant shall not be filled.
The Chief of the Department of Police is responsible for the operation of the Department, the training of the members in police techniques, training of the police auxiliary unit, the maintenance of the public peace, and enforcement of all laws and ordinances of which his/her Department must take cognizance. Whenever any violations thereof shall come to his/her knowledge, he/she shall cause the proper complaint to be made and procure the evidence for the successful prosecution of the offender or offenders. In addition to the general job duties contained within this section of the Municipal Code, the Chief shall prepare and keep current job descriptions for each position authorized by the Village Board.
The Chief shall be responsible for and have the custody and control of all equipment of every kind necessary for the operation of his/her Department, and all public property pertaining to, connected therewith, and belonging thereto.
The Chief shall keep or cause to be kept such books and records as may be specifically provided for by statute and ordinance, and shall submit a report to the Village Board and Superintendent at the end of each month showing the number of arrests made during such month as well as a record of all other types of activities of his/her Department. He/she shall keep or cause to be kept a full and complete record of all transactions and complaints against members, and shall prepare an annual report to the Village Board and the Police Commission. He/she shall also maintain such other books and records as may be deemed necessary by the Village Board or the State of Wisconsin.
The Chief, or personnel designated by him/her, is authorized to take bail. The Chief, or designated personnel, may require such person to deposit money or other negotiable sureties in lieu of money, to insure such person's appearance in court having cognizance of the offense. Should such person fail to appear, the court before whom the case is required to be heard may declare such money, or negotiable sureties deposited in lieu of money, forfeited, and the amount in excess of the amount necessary to satisfy the judgment by the payment of money from the conversion of the negotiable sureties shall be paid into the Village treasury.
The Chief shall obey all lawful written orders of the Superintendent and the Village Board.
The Captain of the Department of Police shall be in charge of the Police Department and shall assume the Chief's duties during the absence of the Chief of the Department of Police. He/she shall operate the Department under existing rules, regulations, procedures, and policies. He/she shall do related work as directed or required.
The Captain shall plan and supervise programs of police training for members of the Department of Police. He/she shall conduct special police investigations. He/she shall exercise supervisory and disciplinary control over all shifts. He/she shall promote and maintain close cooperative working relations between all members of the Department of Police and between members thereof and the public.
Each Sergeant of the Department of Police shall be in charge of an assigned shift. He/she shall operate his/her shift under existing rules, regulations, procedures, and policies. He/she shall supervise the police officers and civilian personnel assigned to him/her, and shall take the necessary action on complaints received by telephone or in person. He/she and the police officers assigned to him/her shall patrol the Village to insure the enforcement of all laws and ordinances. He/she shall do related work as directed or required.
Each police officer of the Department of Police shall be responsible for the protection of life and property, the prevention of crime, the arrest of violators of the law, and the proper enforcement of all the laws and ordinances of the Village of Fox Point during his/her hours of duty. He/she shall patrol the portion of the Village to which he/she is assigned. He/she shall do related work as directed or required.
Each Police Clerk shall be responsible for performing clerical duties and providing nonemergency assistance to individuals calling or visiting the Police Department. The Police Clerks are responsible for processing citations, reports, memos and office documents, including transcription, typing, and data entry. The Police Clerks receive and document payments to the Police Department and query and enter data to the TIME Teletype System. They shall do related work as directed or required.
The Administrative Assistant of the Department of Police shall be responsible for the general administration of the Department under the direction of the Chief of Police. This is a confidential position. He/she shall prepare and maintain all confidential reports, such as union matters, disciplinary matters, labor negotiations, medical and police reports, monthly uniform crime reports, annual reports, and personnel matters. He/she shall also maintain a filing system, project files, training projects, and correspondence. He/she shall perform the duties of Court Clerk during the absence of the Clerk. He/she shall do related work as directed or required.
The Municipal Court Clerk shall be appointed by the Municipal Judge. He/she shall, for the purpose of wage administration, benefits, and day-to-day operations, be under the direction of the Captain of Police. The Municipal Court Clerk shall be responsible for the administration of the Municipal Court in compliance with appropriate laws and procedures. He/she shall do related work as directed or required.
[Amended 8-10-1999 by Ord. No. 99-14]
The on-duty sergeant shall be the commanding officer of the shift. In the absence of a sergeant, the Chief of Police shall designate an officer as shift commander.
A vacancy may be considered to exist in the event of:
The death, resignation, or discharge of the person previously holding the position.
The suspension of the person holding the position, with or without pay.
The absence on leave of the person holding the position, with or without pay.
The absence because of illness or injury of the person holding the position.
When it is made to appear to the Village Board or the Police Commission that any one or more of the above situations exists creating a vacancy, the Board or Commission may appoint a person to fill such position. Such person need not be at the time of appointment a member of the Department of Police of the Village of Fox Point.
In the event of a vacancy, a person appointed to an acting position shall use the title "Acting (title of Office)," and while he/she is in such position shall exercise and have all the rights, powers, duties, and obligations of a person permanently in such position, unless specifically restricted.
In the event of a vacancy and the subsequent appointment of an acting officer, the term of office of such acting officer shall not exceed one year.
The compensation for such acting officer shall be established by the Village Board.
In addition to the duties above set forth for respective personnel, each member of the Department of Police shall perform such other duties as may be delegated or assigned to him/her from time to time by the Superintendent or Chief, and in the performance of his/her duties shall obey all lawful orders of a superior officer.
Wages, hours, and conditions of employment of members of the Department of Police shall be as established from time to time by the Village Board. The schedule of days and shifts to be worked shall be as established from time to time by the Chief.
Members. The Chief of the Department of Police is hereby authorized and empowered to appoint from time to time in accordance with applicable rules adopted by the Village Board from an eligible list maintained by him/her such number of persons as auxiliary police officers as the Village Board may authorize from time to time.
Auxiliary police officers do not have the power of arrest (except for the same power that any citizen has). They are not police officers and, therefore, not in any respect under the jurisdiction or control of the Police Commission.
Auxiliary police officers shall serve without compensation unless otherwise provided by the Village Board. Auxiliary police officers appointed hereunder shall be and are hereby designated employees of the Village of Fox Point and shall be included on the Village's Workers' Compensation Program at a compensation level equivalent to that of a police officer, regardless of actual compensation or lack thereof.
Eligibility. Each person to be an auxiliary police officer shall at the minimum, at the time of appointment, and at all times thereafter, meet the following qualifications:
Duties. The sole function of auxiliary police is to aid and assist regularly appointed police officers in the discharge of such police officer's duties.
Auxiliary police shall perform such duties as may be assigned to them by the Chief of the Department of Police in the event a civil defense emergency has been declared, in the case of local disorder or disturbances, or threatened disorder or disturbances, and at such other times as the Chief believes the auxiliary police can be of assistance to the regularly appointed and acting police officers.
Whenever the Chief is not on duty, the powers and authorities given to him by this subsection shall be exercised by the Commanding Officer of the Department of Police.
Compliance with rules. Every auxiliary police officer shall at all times:
Removal. The Chief may suspend or remove any person or persons as an auxiliary police officer at any time without cause.
In the event a person has been suspended or removed as an auxiliary police officer as provided in Subsection E of this section, such person may appeal to the Village Manager from the action of the Chief suspending or removing him/her. Such appeal shall be in writing and shall be delivered to the Village Manager not later than 10 days after the person has been advised of the action by the Chief.
The Village Manager, on receiving such an appeal, shall schedule a hearing to be held not more than 20 days after he/she has received the appeal, and shall give the person appealing and the Chief at least five days' written notice of the time and place of said hearing. At said hearing, both the Chief and the person appealing shall be heard, and after the hearing the Village Manager may reverse, modify, or affirm the action taken by the Chief. The decision of the Village Manager is final.