[HISTORY: Adopted by the City Council of the City of Augusta 1-6-1992 by Ord. No. 244 (Ch. 16, Art. II, of the 1990 Code). Amendments noted where applicable.]
The City Manager shall appoint a Chief of Police with the advice
and consent of the City Council.
[Amended 2-3-1992 by Ord.
No. 360; 10-6-2011 by Ord. No. 11-148]
The Chief of Police must be a resident of the City of Augusta
within 90 days of his/her appointment. The City Council, upon recommendation
of the City Manager, may waive this requirement at its discretion.
[Amended 1-30-1995 by Ord. No. 8]
The Chief of Police is the chief law enforcement officer of
the City, and he shall have all the powers vested in him by statute.
The Chief shall be responsible for enforcing the local, state and
federal laws, and he shall perform such other duties as the Council
shall prescribe. The Chief of Police is authorized to represent the
City in District Court in the prosecution of alleged violations of
those ordinances which the Police Department is empowered to enforce,
if duly certified in accordance with 25 M.R.S.A. ยงย 2803-A,
or successor statute. The Chief of Police may designate any officer
within the Department, if so certified, to perform this prosecutorial
function.
The Chief of Police, with the approval of the City Manager,
shall appoint such number of special police officers as he deems necessary.
The Chief of Police, with the approval of the City Manager,
shall appoint school crossing guards.
The Chief of Police shall receive, post, deliver and execute
all notifications and precepts issued by the Mayor, a Councilmember,
the City Clerk, Council or any committee of the same, and make due
return thereof.
A.ย
During the absence or disability of the Chief of Police, an officer
designated by the Chief shall have and exercise all the power and
authority and perform all the duties pertaining to the office of Chief
of Police. Such person shall give bond for the faithful discharge
of his duties.
B.ย
The Chief of Police shall be personally responsible for all acts
of the individual assuming his duties while absent or disabled.
A.ย
The police officers shall, to the utmost of their power, preserve
the public peace and prevent all riots, disorders and unlawful practices
within the City.
B.ย
They shall be under the direction of the Chief of Police and shall
perform such police duty as he may require of them by day or by night.
All police officers of the Police Department shall have and
exercise all powers given to and shall perform all duties imposed
upon constables within the limits of the City,[1] except service of civil process, and all powers given
to and all duties imposed upon police officers by the state statutes,
the Charter and the City ordinances.
[1]
Editor's Note: Ord. No. 367, adopted 2-3-1992, provided
as follows regarding constables: "Notwithstanding any provisions of
state law, the City of Augusta shall not allow for the appointment
of constables to act as law enforcement officers and/or process servers.
This provision does not apply to election constables or employees
of the City appointed constables in the performance of their duties.
The terms of all constables appointed prior to the effective date
of this ordinance shall be terminated on the effective date of this
ordinance."
No police officer shall hold any other public office or take
any active part in politics. Any violation hereof shall be considered
cause for removal.