[HISTORY: Adopted by the Village Board of the Village of Monticello as Title 5, Ch. 1, of the 1989 Code of Ordinances. Amendments noted where applicable.]
A. 
Composition. The Police Department shall consist of a Chief of Police and such other officers, assistants, and patrolmen as from time to time may be appointed by the Village Board pursuant to the provisions of the Wisconsin Statutes and Village ordinances.
B. 
Salary, collection of fees. The Chief of Police and the police officers shall receive an hourly wage as fixed by the Village Board. All fees, bail, deposits and other special remuneration or funds collected or received by the Police Department or any officer thereof shall be deposited with the Village Clerk-Treasurer no later than the second business day following the receipt thereof.
C. 
Tenure of Chief, Police officers. The Chief of Police and police officers shall serve at the pleasure of the Village Board, subject to the provisions of § 88-7.
A. 
Monthly reports. The Chief of Police shall submit a monthly general report to the Police Operations Committee of all activities of the Department during the preceding month.
B. 
Police records. There shall be kept by the Department a suitable record in which shall be entered the name of every person arrested in the Village, the name of the person making the arrest, the date and cause of the arrest, the Court from which the warrant was issued, the disposition made of the case, the amount of fine and costs paid and to whom paid, bond posted, and all complaints.
Every member of the Police Department shall:
A. 
Familiarize himself with the Code of the Village of Monticello and the statutes and attend to the enforcement of such Code by all lawful means.
B. 
Help prevent crimes, misdemeanors and violations of Village ordinances and protect the health, safety, public peace and order of the Village and its inhabitants.
C. 
Report all street and sidewalk obstructions, unlighted street lamps, unlawful street signs or signals, and defective or dangerous streets and sidewalks to the appropriate person or organization responsible for their repair or service.
D. 
Maintain order at the scene of a fire or any other emergency response within the Village.
E. 
See that the necessary permits and licenses issued by the state or Village are in the possession of or properly displayed by any person engaged in an activity or business within the Village for which such permit or license is required and that the terms of such permits or licenses are complied with.
F. 
Perform such other lawful duties as ordered by the Chief of Police or his authorized representative.
A. 
Duties. In addition to the duties imposed upon him elsewhere in the Code of the Village of Monticello, the Chief of Police shall:
(1) 
Have command of the Police Department on administrative matters, subject to the direction of the Village Board and appropriate designated committees thereof.
(2) 
Cause to be maintained accurate records of complaints, crimes, traffic accidents, ordinance violations, arrests, summonses, incidents, and calls for police service and shall provide a system of periodic summary and analysis to ensure the most efficient and effective deployment and use of the Department's resources. He shall submit or cause to be submitted to the various agencies such reports and summaries as are required by state statutes or ordinances and shall participate in voluntary programs designed to improve law enforcement and public safety.
(3) 
Submit such reports and comply with such administrative procedures as may be prescribed by the Village Board relative to fiscal and administrative matters.
(4) 
Submit such reports and/or information and comply with such policies as may be prescribed by Village Board.
(5) 
Have control of the assignment, hours of duty, and transfer of all members of the Department.
(6) 
Plan, organize, staff, direct, and control all of the human and material resources of the Department for the most effective and efficient discharge of its duty to protect persons and property, preserve the peace, protect the rights of citizens and enforce the Wisconsin Statutes and the ordinances of the Village as are within its jurisdiction. He shall supervise the preparation and presentation of annual reports and budgets for the Police Department. He shall be required to certify to the correctness of all bills incurred by the Department.
(7) 
Strive to maintain suitable, productive relationships with other Village departments and with other governmental agencies and private organizations concerned with law enforcement, crime prevention, administration of justice and public safety. He shall cooperate and exchange information with other Village departments in matters relating to their various functions.
(8) 
Plan and execute programs designed to prevent and repress crime, apprehend and prosecute offenders, recover property, and regulate noncriminal conduct, giving highest priority in the allocation of resources to crime and other offenses most hazardous to life and property.
B. 
Custody of Department equipment. The Chief of Police shall be the custodian of all Village property, equipment and supplies under the control of, or used by, the Police Department and shall be responsible for the care, maintenance, safeguarding and accurate records of such property, equipment, and supplies.
C. 
Custody of Department property. The Chief of Police shall be the custodian of all property and shall be responsible for the safekeeping, lawful disposition and accurate record of the same. He shall see that all property is returned to its lawful owner or otherwise disposed of according to the applicable ordinances and statutes.
The Chief of Police shall establish and promulgate rules of conduct, directives and policies and procedures and prescribe such duties for individual members as he may deem necessary for the effective and efficient command and operation of the Department; provided no such rules of conduct, directive or policy procedure duties or assignment shall be in conflict with the statutes, ordinances and approved Village personnel rules and regulations.
The Chief of Police shall cause to be maintained adequate personnel records of employment, assignment, promotions, attendance, performance and training for all members of the department. Such personnel records shall be filed with the Village Clerk. He shall also comply with provisions of the Law Enforcement Standards Board in regard to background investigations. He shall keep himself adequately informed of the activities of the Department and be assured that the duties of his subordinates are properly discharged. He shall formulate procedures for recognizing outstanding performance by Department members, for investigating complaints of misconduct by any Department member and for taking appropriate disciplinary action subject to the provisions of the applicable statutes, rules of the Department and the Code of the Village of Monticello.
[Amended 4-5-2017 by Ord. No. 2017-0405A]
A. 
Purpose. A Village Police Review Board is hereby created pursuant to § 61.65, Wis. Stats., to act in place of the Board of Police and Fire Commissioners under § 62.13, Wis. Stats.
B. 
Powers. The Police Review Board shall have the following powers:
(1) 
The power to suspend, reduce, suspend and reduce, or remove any Police Chief or other police officer who is not probationary.
(2) 
Such other powers or duties as are conferred on the Police Review Board by the Village Board.
C. 
Appointment. The Police Review Board shall consist of three citizens, who shall be residents of the Village, but shall not be a Village Trustee, appointed Village Official, or Village employee. Two Police Review Board members shall constitute a quorum. The Village President shall appoint the initial board, subject to Village Board approval, to staggered three-year terms, and thereafter, the Village President shall annually, if a member's term expires that year, in May, appoint one member for a term of three years. The Village shall pay all members costs of serving on the Board.
D. 
Disciplinary action against police officers.
(1) 
A nonprobationary police officer may be suspended, demoted, or suspended and demoted as hereinafter provided, as a penalty. He may also be suspended by the Police Review Board pending the disposition of charges filed against him.
(2) 
Charges may be filed against a police officer by the Police Chief, by a member of the Police Review Board, by the Police Review Board as a body, or by any aggrieved person. Such charges shall be in writing and shall be filed with the President of the Police Review Board. Pending disposition of such charges, the Board or Police Chief may suspend such police officer.
(3) 
A police officer may be suspended, demoted, or suspended and demoted for just cause, as described in Subsection D(7) of this section, by the Police Chief or by the Police Review Board as a penalty. The Police Chief shall file a report of such action with the Police Review Board immediately upon taking such action.
(4) 
Within 15 calendar days after being notified, in writing, shall submit his/her reasons for appealing the action. No hearing on such suspension, demotion, or suspension and demotion shall be held unless requested by the police officer. If a police officer requests a hearing before the Police Review Board, the Police Chief shall be required to file charges with the Police Review Board upon which such action by the Police Chief was based.
(5) 
Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The Police Review Board shall set a date for hearing not less than 10 days nor more than 30 days following service of charges. The hearing on the charges shall be public; and both the accused and the complainant may be represented by an attorney and may compel the attendance of witnesses by subpoenas, which shall be issued by the President of the Police Review Board on request, and be served as are subpoenas under Ch. 885, Wis. Stats.
(6) 
If the Police Review Board determines that charges are not sustained, the accused, if suspended, demoted or removed, shall be immediately reinstated and lost pay restored. If the Police Review Board determines that charges are sustained, the accused, by order of the Police Review Board, will be suspended or reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.
(7) 
No subordinate may be suspended, reduced in rank, suspended and reduced in rank, or removed by the Board under Subsection D(6), based on charges filed by the Board, members of the Board, an aggrieved person or the chief under Subsection D(2), unless the Board determines whether there is just cause, as described in this Subsection D(7), to sustain the charges. In making its determination, the Board shall apply the following standards, to the extent applicable:
(a) 
Whether the subordinate could reasonably be expected to have had knowledge of the probable consequences of the alleged conduct.
(b) 
Whether the rule or order that the subordinate allegedly violated is reasonable.
(c) 
Whether the Chief, before filing the charge against the subordinate, made a reasonable effort to discover whether the subordinate did in fact violate a rule or order.
(d) 
Whether the effort described under Subsection D(7)(c) was fair and objective.
(e) 
Whether the Chief discovered substantial evidence that the subordinate violated the rule or order as described in the charges filed against the subordinate.
(f) 
Whether the Chief is applying the rule or order fairly and without discrimination against the subordinate.
(g) 
Whether the proposed discipline reasonably relates to the seriousness of the alleged violation and to the subordinate's record of service with the Chief's department.
(8) 
Findings and determinations hereunder and orders of suspension, reduction, suspension and reduction, or removal, shall be in writing and, if they follow a hearing, shall be filed within three days thereof with the secretary of the Police Review Board.
(9) 
Further rules for the administration of this section may be made by the Board.
(10) 
No person shall be deprived of compensation while suspended pending disposition of charges by the Board.
(11) 
Any person suspended, reduced, suspended and reduced, or removed by the Police Review Board may appeal from the order of the Police Review Board to the circuit court by serving written notice of the appeal on the secretary of the Police Review Board within 10 days after the order is filed. Within five days after receiving written notice of the appeal, the Board shall certify to the Clerk of Court the record of the proceedings, including all documents, testimony and minutes. The action shall thereafter proceed in manner as set forth in Wis. Stats. § 62.13(5)(i). The trial shall be by the court and upon the return of the Board, except that the court may require further return or the taking and return of further evidence by the Board. The question to be determined by the court shall be: Upon the evidence, is there just cause, as described under Subsection D(7), to sustain the charges against the accused. No costs shall be allowed either party, and the Clerk's fees shall be paid by the Village. If the order of the Police Review Board is reversed, the accused shall be forthwith reinstated and entitled to his pay as though in continuous service. If the order of the Police Review Board is sustained, it shall be final and conclusive.
E. 
Disciplinary action against Police Chief. The provision of Subsection D(1) through (11) shall apply to the demotion, suspension or removal of the Police Chief. In addition thereto, the Police Review Board may suspend the Police Chief pending disposition of charges filed by the Police Review Board or by the Village President.
The Chief of Police is responsible for the training of all members of the Department. He shall cause adequate and progressive programs of training to be organized and conducted to prepare Department members in the knowledge, procedures, and techniques of their duties and responsibilities. He will ensure that, within budgetary limitations, members of the department attend training courses, seminars, and conferences necessary to maintain and improve their job skills and professional knowledge. He shall encourage Department members to further their education in law enforcement through study, special courses, college attendance, extension programs, and independent readings.
All persons in the Village, when called upon by any police officer or peace officer, shall promptly aid and assist him in the execution of his duties and whoever shall neglect or refuse to give such aid or assistance shall be subject to the general penalty as provided in Chapter 1, General Provisions, of the Code of the Village of Monticello.