[Adopted as Rev. Ords. 1976, §§ 16-1 to 16-12
(Rev. Ords. 1989, §§ 13-1 to 13-12)]
[Amended 7-20-1981 by Ord. No. 21002; 5-17-1999 by Ord. No. 99-251; 8-21-2017 by Ord. No. 2018-4]
A Police Department is hereby established which shall consist
of a Chief, one prosecutor, five Lieutenants, one detective supervisor
with the rank of either Sergeant or Lieutenant, eight Sergeants, three
detectives with the rank of patrolman and 44 patrolmen. Of the five
Lieutenant positions, one shall remain unfilled and unfunded until
such time as a Police Chief, having the rank of Lieutenant when he
or she became Chief, resigns or is terminated as Police Chief and
elects to return to his or her prior position as a Lieutenant.
A.
There is hereby established a school traffic patrol consisting of
24 persons to be appointed by the Chief of Police and to serve at
his/her pleasure. Each such appointment shall be effective upon approval
by the Mayor within 15 days of its date.
B.
The members of such patrol shall be designated school traffic supervisors. Such supervisors shall have all the power and authority of regular police officers in the enforcement of MGL c. 90 and Chapter 220, Vehicles and Traffic, of this Code relating to the operation, standing or use of vehicles.
C.
School traffic supervisors shall be under the charge and direction
of the Chief of Police, provided that not more than 17 such supervisors
shall be assigned to duty at any one time.
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State law reference — Exemption
of school traffic supervisors from civil service, MGL c. 31, § 5.
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[Amended 8-21-2017 by Ord. No. 2018-4]
All members of the Police Department shall be appointed by the
Mayor, subject to such rules as may be prescribed by the Civil Service
Commissioners of the commonwealth.
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State law reference — Members of
police force under civil service, MGL c. 31, § 48.
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[Amended 8-21-2017 by Ord. No. 2018-4]
All applicants for appointment to the Police Department shall
comply with any and all minimum standards and requirements of the
Human Resources Division of the commonwealth.
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State law reference — Height requirements,
MGL c. 31, § 58.
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[Amended 6-1-2009 by Ord.
No. 09-226]
The Chief of Police shall be the head of the Department of Police
and, under the direction of the Mayor, shall have the entire control
of the Department. The Chief of Police shall be responsible for the
discipline, good order and proper conduct of the persons constituting
the Department and for the good condition of all property connected
with the Department. The Chief of Police shall devote his/her time
to maintaining and preserving peace, order and cleanliness in the
City. In case of necessity arising from his or her absence, the Chief
of Police shall designate an officer to act as and discharge the duties
of the Chief of Police. Additionally, in the case of disability suffered
by the Chief of Police, the Mayor shall designate an acting Chief
of Police to discharge the duties of said position during the period
of disability of the Chief of Police.
[Amended 8-21-2017 by Ord. No. 2018-4]
The Chief of Police shall keep a correct record of all the doings
of his/her office which shall at all times be subject to the inspection
of the Mayor and City Council. The Chief of Police shall, on Monday
of each week, prepare a payroll of all persons employed in the Department
and present it to the Auditor for certification.
The members of the Police Department, under regulations prescribed
by the City Council and rules of discipline prescribed by the Mayor,
shall perform all duties required of them in accordance with the ordinances
of the City and laws of the commonwealth.
[Amended 6-3-1985 by Ord.
No. 1065]
A.
It shall be the duty of every police officer to take notice of all
nuisances, impediments, defects and obstructions in the streets, sidewalks,
lanes, alleys, courts, public places and squares of the City and to
report the same to the Chief of Police, who shall forthwith transmit
such information to both the City Engineer and the Director of Public
Works. It shall be the duty of every police officer to take notice
of any building construction and report any absence of a building
permit to the Chief of Police, who shall immediately notify the Building
Commissioner. It shall be the duty of every police officer to investigate
immediately any accident upon a public street or sidewalk coming to
his/her notice and report the same at once, with all information obtained,
to the Chief of Police, who shall forthwith transmit the same to the
City Solicitor.
[Amended 5-21-2012 by Ord. No. 2012-158]
B.
Any public utility or private contractor shall notify the Chief of
Police as to the necessity of a police detail when conducting any
work or investigation on any public street or sidewalk in the City
for the safety of the public.
[Amended 5-21-2012 by Ord. No. 2012-158]
It shall be the duty of every police officer to exercise supervision
over the use of water to prevent its waste and to report to both the
City Engineer and the Director of Public Works all cases of leaking
pipes which may come to his/her knowledge and the locations where
any waste is permitted by takers or where he/she has good reason to
believe that water is being improperly used or wasted.
[Amended 7-19-1976 by Ord. No. 19240; 8-21-2017 by Ord. No. 2018-4]
A.
Notwithstanding any provision of general law relative to days off
for police applicable to the City, the permanent members of the Police
Department shall be excused from duty for two consecutive days out
of every six days without loss of pay. The time and manner of excusing
them from duty shall be determined by the Chief of Police. Allowances
otherwise provided for in the rules and regulations of the Police
Department, or time off for vacations, injury, sickness or other cause,
shall not be affected by the provisions of this section, except as
herein otherwise provided. A member so excused shall be exempt from
duty and from attendance at a police station or other place but otherwise
shall be subject to all laws, rules and regulations relating to members
of the Department.
B.
The Chief of Police shall have authority, whenever in his/her judgment
public emergency or any unusual demand for the services of the police
requires, to prevent any such member from taking the days off hereinbefore
provided for at the time when he/she is entitled thereto or at the
time assigned therefor, provided that such days off shall be granted
to him/her as soon thereafter as is practicable in the judgment of
the Chief of Police. In no case shall the number of such days off
be less than 104 in each calendar year.
[Amended 8-21-2017 by Ord. No. 2018-4]
The police station shall be open day and night and always in
charge of the Chief, Lieutenant, or Sergeant.
[Amended 8-21-2017 by Ord. No. 2018-4]
The Chief of Police shall keep or cause to be kept at the police
station a complete descriptive list of each and every person arrested
and brought to the station by giving his/her name, nativity, age,
height, complexion, color of hair and eyes, the amount of money and
other valuables he/she may have in his/her possession, his/her present
residence and the offense for which he/she is arrested, all of which
shall be entered in the Department record management systems database.
[Added 4-17-2007 by Ord.
No. 07-156]
Any retired Melrose police officer who has been appointed as
a special police officer pursuant to Chapter 467 of the Acts of 2004
is eligible for continued appointment as a special police officer
until such time as he or she attains the age of 70, provided that
said individual complies with all of the requirements of the aforementioned
statute.
[Added 11-21-2011 by Ord. No. 12-39]
A.
The City Council may, from time to time, appoint one or more persons
as special police officers to serve as such for one year, subject
to reappointment for one or more one-year terms. There shall never
be more than 10 special police officers appointed and eligible for
service for the City at any given time.
B.
The Chief of Police shall have control over, supervise, and be responsible
for the discipline, good order and proper conduct of all duly appointed
special police officers and shall direct their duties and establish
employment policies for them as he/she may see fit from time to time.
C.
Special police officers shall be considered employees of the City
while performing any and all duties of their office on the City's
behalf. They may be disciplined, suspended or terminated by the Chief
of Police. Special police officers appointed under this section shall
be considered at-will employees of the City of Melrose and not civil
service employees.
D.
No person shall be appointed or reappointed as a special police officer
or be allowed to serve as such who has not:
(1)
Attained the age of at least 18 years but not more than 70 years.
(2)
Completed a full application in a form approved by the Chief
of Police.
(3)
Submitted to a full interview by the Chief of Police and his/her
designees.
(4)
Submitted to a Criminal History Systems Board background investigation
by the Chief of Police. The Police Department will complete a thorough
background investigation of all applicants.
(5)
Satisfactorily completed a reserve/intermittent training program
for municipal police officers in accordance with MGL c. 41, § 96B.
In addition, persons subject to appointment or reappointment may be
subject to any other training requirements or follow-up training required
by the Chief of Police.
E.
Every special police officer appointed or reappointed under this
section shall maintain the following licenses and certifications and
shall provide documentation thereof to the Chief of Police upon his/her
request from time to time:
(1)
Valid Massachusetts driver's license.
(2)
A Class A license to carry firearms, in accordance with MGL
c. 140, § 131.
(3)
Certification by a licensed medical physician and a licensed
psychologist or psychiatrist, chosen by the City, stating that the
person is fit for duty as a police officer.
(4)
Certification in cardiopulmonary resuscitation (CPR)/first aid,
firearms training instruction and annual recertifications of the foregoing
as deemed necessary by the Chief of Police.
F.
Every special police officer shall be required to wear a proper uniform
and carry a firearm, as directed by the Chief of Police, at the special
police officer's sole expense.
G.
This section shall not apply to special police officers who are appointed
pursuant to Chapter 467 of the Acts of 2004.
