[HISTORY: Adopted by the Mayor and City Council of the City
of Maroa as indicated in article histories. Amendments noted where
applicable.]
[Adopted as Ch. 30, Art. II, of the 2001 Code]
There is hereby established a department of the municipal government
of the City which shall be known as the "Police Department." The Police
Department shall consist of the Chief of Police and such number of
captains, sergeants and patrolmen as may be provided from time to
time by the City Council.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
There is hereby established a police committee to be known as
the "Police Committee," consisting of six members appointed by the
Mayor with the advice and consent of the City Council. The Police
Committee shall interview prospective police officers and make recommendations
to the City Council when such are referred to it by the Mayor. When
requested by the Police Chief or Mayor, the Police Committee shall
conduct public hearings concerning complaints directed toward or charges
against members of the Police Department and shall make recommendations
to the City Council. The City Council shall make all final decisions
concerning the hiring or discipline of police officers, except those
powers granted to the Chief of Police and Police Committee as enumerated
herein.
There is hereby established the office of the Chief of Police.
The Chief of Police shall be appointed by the Mayor with the advice
and consent of the City Council.
A.
Duties.
The Chief of Police shall keep records and make reports concerning
the activities of his Department as may be required. The Chief shall
be responsible for the performance of the Police Department and of
all its functions.
B.
Powers.
(1)
All persons who are members of the Police Department shall serve
subject to the orders of the Chief of Police. The Chief shall have
the authority and responsibility to discipline members of the Department
in accordance with this article and the City of Maroa Personnel Handbook.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
The Chief of Police may make or prescribe such rules and regulations
for the conduct and guidance of the members of the Police Department
as he shall deem advisable; and such rules, when approved by the Mayor,
shall be binding on such members.
(3)
Power of Chief to suspend. In addition to the disciplinary powers
contained in this article and those specified in the Personnel Handbook,
the Chief shall have the authority to suspend a member of the Department
with or without pay for a period not exceeding five days if the Chief,
in his sole discretion, finds that a member has violated any of the
provisions of this article, any policies set forth in the Personnel
Handbook or duly promulgated Police Department regulations or policies.
The Police Committee shall be given notice of the suspension within
24 hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A sufficient number of patrolmen shall be appointed by the Mayor,
by and with the advice and consent of the City Council. A police officer
may be appointed to office by the Mayor and City Council if he meets
the necessary qualifications, notwithstanding the fact that the policeman
is not a resident of the City when appointed or when he is to serve
as such an official.
The Police Department shall receive such compensation as may
be provided by City ordinance or by resolution of the City Council.
A.
The policeman shall devote his entire time to the performance of
the duties of his office and is hereby charged with the preservation
of the peace, order and safety of the City and with the duty of protecting
the rights of persons and property and of enforcing all laws and also
all orders of the City Council. He shall take notice of all nuisances,
obstructions and defects on the highways or other public places, and
shall cause the same to be abated or removed, or immediate notice
thereof to be given to the proper officer whose duty it may be to
take action in relation thereto. When requested by the Mayor, he shall
attend, either in person or by deputy, all meetings of the City Council,
execute all its orders and close the Council Chamber upon the adjournment
of that body. He shall also execute all warrants or other legal process
required to be executed by him under any ordinance of the City or
laws of the State of Illinois.
B.
Professional behavior towards fellow officers and citizens of the
City of Maroa is a requirement for members of the Police Department.
No member shall act toward another officer or citizen in a manner
that is unprofessional, detracts from the orderly and efficient operation
of the Department or reflects negatively on the Department.
Any member of the Police Department who shall neglect or refuse to perform any duty required of him by this article or the rules and regulations of the Department, or who shall be, in the discharge of his official duties, guilty of any fraud, favoritism, extortion, unprofessional conduct as specified in § 61-6B, oppression or willful wrong or injustice, shall be subject to discipline, up to and including termination.
No member on active duty or while wearing the official policeman's
badge shall consume intoxicating liquor of any kind. No member shall
become voluntarily intoxicated (>0.08% BAC) at any time. This section
shall not apply if the member is on vacation or a permitted leave
of absence. A violation of this section shall be sufficient cause
for discipline up to and including termination.
A.
In general. If a member of the Department violates any provisions
of this article, any policies set forth in the Personnel Handbook
or duly promulgated Police Department regulations or policies, that
member shall be subject to discipline as set forth in this article,
the Maroa Employee Personnel Handbook or Maroa Police Department regulations
or policies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
B.
No suspension or termination without notice and hearing.
(1)
With the exception of the Chief's power to summarily suspend a member, set forth in § 61-3B(3), before a member of the Department may be terminated or suspended for violation of any of the above standards, the member shall be given written notice of the charges of any alleged violations against that member. Such charges shall be served upon the member and filed with the City Clerk within 72 hours.
(2)
Unless it is waived in writing, a hearing on such charges shall be
conducted before the Police Committee with 30 days of service of such
charges, provided however, that this time may be extended by the Police
Committee for good cause. The member is entitled to be represented
by counsel.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(3)
After such hearing, if the Police Committee finds sufficient facts
to warrant discipline, the Committee shall recommend to the City Council
that the member be disciplined in accordance with its findings of
fact and law. The City Council may discipline that member of the Department
as provided by ordinance, Personnel Handbook or police regulations
and policies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
C.
Immediate suspension pending full hearing.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1)
Independent of the Chief's power to summarily suspend a member, circumstances may arise requiring immediate suspension pending a full disciplinary hearing. Once charges have been properly served on a member and filed with the City Clerk, the Police Committee may immediately suspend a member without pay pending a full disciplinary hearing, as described in Subsection B above. However, the Police Committee may immediately suspend without pay only if the Committee finds the alleged violation(s) to be serious and that allowing the member to remain on active duty would be a danger to self or others, would seriously jeopardize the member's effectiveness as a police officer or would seriously impair the functions of the Police Department.
(2)
If the Committee decides to immediately suspend a member without
pay pending a full disciplinary hearing, the Committee shall convene
a post-suspension hearing not later than five days after the member
is suspended. This hearing shall be limited to determining whether
sufficient grounds exist to support the immediate suspension without
pay.
(3)
If the Committee finds sufficient grounds to support immediate suspension,
the member shall remain suspended without pay until further action
is taken after a full disciplinary hearing on the charge. If the Committee
finds that sufficient grounds do not exist to support immediate suspension,
the member shall be reinstated to active duty pending a full hearing
on the charge and the member shall be compensated for any back pay
lost as a result of the immediate suspension.
The Police Department, with the approval of the City Council,
may enter into an agreement to provide police protection to neighboring
municipalities.[1]
All police shall have the power and authority to execute City
warrants or other similar legal processes outside the corporate limits
of the City and within such distance therefrom as authorized by law
in all cases when any ordinance of the City Council made pursuant
to law shall prescribe a penalty for the violation of any of its provisions
by persons residing, acting or doing any business within the limits
of the City.
Every police officer of the City may, at any time, call upon
any able-bodied person(s) above the age of 18 years to aid him in
the arresting, retaking or holding in custody of any person guilty
of having committed any unlawful act or charged therewith, or to aid
such officer in preventing the commission of any unlawful act.
Every police officer shall aid the Fire Department by giving
the alarm in case of fire and in clearing the streets or grounds in
the immediate vicinity of any fire so that the firemen shall not be
hindered or obstructed in the performance of their duties.
It shall be unlawful for any person in this City to resist or
obstruct any member of the police force in the discharge of his duty
or to endeavor to do so, or to in any manner assist any person in
custody or to attempt to rescue any such person in custody.
Any member of the Police Department shall appear as witness
whenever this is necessary in a prosecution for a violation of an
ordinance or of any state or federal law. No such member shall retain
any witness fee for service as witness in any action or suit to which
the City is a party; and fees paid for such services shall be turned
over to the Chief of Police, who shall deposit the same with the City
Treasurer.[1]
[Amended 3-23-1998]
The Chief of Police shall be the custodian of all lost and abandoned
or stolen property in the City.
[Added 8-25-1997 by Ord.
No. 51]
Prior to hiring part-time police officers, and in addition to
all existing policies or standards now in effect, the following standards
shall be applied in considering applicants for employment:
A.
Applicants must submit to a criminal and character background investigation,
including the use of fingerprint cards processed through the Illinois
Department of State Police and the Federal Bureau of Investigation.
Such investigation must verify no felony conviction, crime involving
moral turpitude or conviction of a domestic battery. Moreover, the
investigation should verify that the applicant is of good character.
B.
Applicants must obtain a waiver from the Illinois Law Enforcement
Training and Standards Board for training requirements for part-time
police, or within 18 months complete all training required by the
State of Illinois for part-time police officers.
C.
The City of Maroa will abide by all the equal opportunity and Americans
With Disability Acts as they apply to hiring employees.
[Adopted as Ch. 30, Art. IV, of the 2001 Code]
The Mayor is hereby authorized to appoint auxiliary policemen
as employees, subject to the advice and consent of the City Council.
Prior to appointment, all proposed auxiliary policemen shall be fingerprinted
and their fingerprints shall be checked with the Federal Bureau of Investigation,
Washington, D.C., for any possible criminal record. No person shall
be appointed as an auxiliary policeman if he has been convicted of
a felony or other crime involving moral turpitude. All appointees
shall be at least 18 years of age. The appointment of any or all auxiliary
policemen may be terminated by the Mayor, subject to the advice and
consent of the City Council.
Auxiliary policemen shall not be members of the regular Police
Department and shall be residents of the City. Identification symbols
worn by such auxiliary policemen shall be different and distinct from
those used by the regular Police Department and shall be selected
and chosen by the Chief of Police of this City. Auxiliary policemen
shall, at all times during the performance of their duties, be subject
to the direction and control of the Chief of Police of this City.
Auxiliary policemen shall have the following powers and duties,
when properly assigned and on duty:
A.
To aid or direct traffic in the municipality.
B.
To aid in control of natural or man-made disasters.
C.
To aid in case of civil disorder.
D.
To perform normal and regular police duties when assigned by the
Chief of Police on occasions when it is impractical for members of
the regular Police Department to perform normal and regular duties.
E.
To arrest or cause to be arrested with or without process all persons
who break the peace or are found violating any municipal ordinance
or any criminal law of the state.
F.
To commit arrested persons for examination.
G.
If necessary, to detain arrested persons in custody overnight or
Sunday in any safe place or until they can be brought before the proper
magistrate.
H.
To exercise all other powers as conservators of the peace that the
corporate authorities may prescribe.
I.
To serve and execute all warrants for the violation of municipal
ordinances, or the State Criminal Law, within the corporate limits
of the City, and also on any property owned and controlled by the
City beyond its corporate limits; and for this purpose, to have all
the common law and statutory power of sheriffs.
Auxiliary policemen shall not carry firearms, except with the
permission of the Chief of Police of the City and then only when in
uniform and in the performance of their duties.
Prior to entering upon any of their duties, auxiliary policemen
shall receive a course of training in the use of weapons and other
police procedure by the Chief of Police of the City or through a course
of training designated by him. Such course of training shall be not
less than 22 hours in duration. Upon completion of the course of training,
the Chief of Police shall file with the City Clerk a certificate attesting
to the auxiliary policeman's completion of the course.
Auxiliary policemen shall receive compensation as provided by
the City Council.
