[HISTORY: Adopted by the Common Council of
the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Ch. 4 of the 1997
Code. Amendments noted where applicable.]
The Police Department shall consist of the Chief
of Police and such police officers as the Council may prescribe by
ordinance or resolution.
The Chief and the police officers shall receive
a salary as fixed by the Council and shall not be entitled to any
other compensation. All fees, bail deposits and other special remuneration
or funds collected or received by the Department or any officers thereof
shall be deposited with the Treasurer not less than monthly.
Subject to § 62.13(5), Wis. Stats.
A.
The Chief of Police shall possess the powers, enjoy
the privileges and be subject to the liabilities conferred and imposed
by law upon marshals and constables.
B.
He or she shall obey all lawful written orders of
the Mayor and Council.
C.
He or she shall cause the public peace to be preserved
and see that all laws and ordinances of the City and state are enforced,
and whenever any violation thereof shall come to his or her knowledge,
he or she shall cause the requisite complaint to be made and see that
the evidence is procured for the successful prosecution of the offender
or offenders.
D.
He or she shall exercise supervisory control over
all the personnel of his or her Department, and may adopt, subject
to the approval of the Mayor, rules and regulations for the government,
discipline, equipment and uniforms of police officers.
E.
He or she shall be solely responsible for the care
and condition of the equipment used by his or her Department.
F.
He or she shall keep an accurate and complete record
of all complaints, arrests, traffic violations, convictions and dispositions
of the Department.
The Lieutenant shall perform the following duties
and any other management functions as required by the Chief of Police:
A.
Communications. The Lieutenant shall be the immediate
supervisor of all personnel working in communications. He or she shall
provide police, fire, local government and Zone D with a communications
system. He or she shall keep abreast of developments pertaining to
communications and submit a written proposal to the Council July 31
of each year, requesting technological improvements and listing total
costs and benefits to be realized.
B.
Public assistance. The Lieutenant shall instruct his
or her subordinates and supply the necessary materials to enable them
to effectively serve the public.
C.
Records. The Lieutenant shall maintain the police
records system. The records shall include each request for police
assistance or incidents involving police personnel. The police radio
log shall contain a brief account of all police activity and a time
record of when notified, arrival and back in service. The Lieutenant
shall maintain statistical data on crime response time, traffic accidents,
overtime, individual officer activity, communications and other necessary
data.
D.
Report preparation. The Lieutenant shall be responsible
for the daily transcribing of all taped police reports.
E.
Municipal Court. The Lieutenant shall supervise all
functions performed by the Department for the Municipal Court. He
or she shall ensure that proper records are kept of each traffic citation,
City complaint and state cases. He or she shall supervise the activity
of the Department Court Officer.
[Amended 12-15-1998 by Ord. No. 98-1526]
F.
Vehicle and equipment maintenance. The Lieutenant
shall keep inventory records of all City property under the control
of the Department. He or she shall secure periodic preventive maintenance
and repairs as necessary to ensure efficient and dependable service
of all equipment. The Lieutenant shall keep records of all equipment
maintenance and other costs incurred in operating each piece of equipment.
G.
Staff functions. The Lieutenant shall assist in the
development of the budget proposals for each forthcoming year.
A.
Subordinates.
(1)
Administrative Police Sergeant. The general duties
of the Administrative Police Sergeant shall be to supervise the clerical
employees and dispatchers, to maintain the Municipal Court records
in the Police Department, to schedule training of Patrolmen, to be
responsible for departmental property and to inventory the same; to
be responsible for all property under police custody acquired by confiscation,
lost or misplaced property, property used in evidence, etc., and to
maintain a proper inventory of the same; to inventory all supplies
required by the Police Department; and to perform such other duties
as may be assigned to him or her by the Chief of Police from time
to time.
(2)
Police Sergeant. The general duties of the Police
Sergeant shall be to supervise Department personnel subject to the
direction of the Chief of Police and to see to the enforcement of
all of the ordinances of the City and all Wisconsin Statutes applicable
and in general to preserve order and prevent infractions of the law
and arrest violators thereof.
(3)
Police patrol officer. The general duties of the police
patrol officer shall be to see to the enforcement of all the ordinances
of the City and all Wisconsin Statutes applicable and in general to
preserve order and prevent infractions of the law and arrest violators
thereof.
(4)
Police trainee. The general duties of the police trainee
shall be to attend police training school and to see to the enforcement
of all the ordinances of the City and all Wisconsin Statutes applicable
and in general to preserve order and prevent infractions of the law
and arrest violators thereof.
(5)
Appointment; starting salaries. Said employees shall
be appointed from a qualified Fire and Police Commission list, and
the starting salary shall depend upon Fire and Police Commission recommendations.
(6)
Fringe benefits. Said employees shall be subject to
fringe benefits as granted to all City employees under Fire and Police
Commission classification.
B.
Power of arrest. The Chief of Police and any police
officer shall arrest all persons in the City found in the act of violating
any law or ordinance of the City or state or aiding or abetting in
such violation, and they shall arrest without warrant all persons
whom they have reasonable grounds to believe have violated any law
or ordinance and who will not be apprehended unless immediately arrested,
shall take all arrested persons in charge and confine them and shall
within a reasonable time bring such persons before the court having
jurisdiction thereof to be dealt with according to law.
The general duties of the Secretary to the Chief
are to answer phones, dispatch police, take care of walk-ins, take
care of all correspondence, keep all time records and pay vouchers,
compile monthly complaint calls, keep all personnel records, (off-days,
sick leave, vacation, etc.), keep record of court dates for appearances,
schooling days and to notify patrol officers accordingly; keep records
of supplies and requisitions; follow up on all reports to see that
they are completed; and any other duties as directed by the Chief
of Police.
The Mayor and the Alderpersons shall have and
exercise the powers of peace officers and may summarily suppress any
riotous or disorderly conduct in the streets or public places of the
City.
A.
Custodian. The Chief of Police shall be the custodian
of all personal property that has been lost or abandoned or that has
been picked up during the course of a police investigation. Said property
shall be properly inventoried and tagged.
B.
Sales of abandoned or unclaimed property. All property that has been abandoned or unclaimed [including lost property subject to Subsection B(5) below, if such property has a finder who is a public official, employee or agent and is unclaimed by an owner as set forth thereunder, or if such property has a finder who is not a public official, employee or agent and is unclaimed by an owner as set forth thereunder and unclaimed by the finder, or if the provisions of this section have not otherwise been complied with by an owner or a finder who is not a public official, employee or agent, with respect to such property] for more than 30 days after the taking of possession of the same by the City shall be disposed of as follows:
[Amended 9-20-2005 by Ord. No. 2005-1853]
(1)
Tools, equipment and the like. The Chief of Police
shall contact the various department heads to determine if such equipment,
tools, etc., can be used by the respective departments and upon receiving
a receipt for the same shall deliver the same to the department head
for City use only.
(2)
Property with no obvious value. The Chief of Police
shall arrange to discard such items by placing the same in appropriate
trash containers or the local dump and so note in his or her records.
(3)
Auction.
(a)
All property not disposed of in the above manner
shall be sold at auction. The Chief of Police shall conduct a public
auction at such intervals as he or she deems necessary to prevent
an undue accumulation of property. An auction may be deferred if the
cost of holding the same would exceed the proceeds of such auction.
Such public auction may take the form of an internet on-line auction,
if in the determination of the Chief of Police such on-line auction
method is in the best interest of the City of Franklin. The Chief
of Police is hereby authorized to enter into and deliver such agreements
and instruments as are reasonable and necessary to conduct and/or
obtain such public auctions.
(b)
Notice of such auction shall be published in
the official newspaper and on the official Web site of the City at
least 10 days prior to the date the auction is to be held. The proceeds
of the auction, after deducting necessary expenses, if any, shall
be paid into the City Treasury.
(4)
Private sale and donation.
(a)
If the Chief of Police determines that further
storage, auction costs or both would exceed the value of any property
not disposed of in the above manner, he or she may apply to the City
Council for permission to donate or sell by private sale such property.
(b)
Upon such finding by the City Council, the Council
may authorize the donation of the property to a nonprofit, private
corporation for public or charitable purposes or disposition by private
sale, if determined by the Council to be in the best interest of the
City.
(c)
The Chief of Police shall maintain an inventory of property disposed of under this subsection and Subsection B(1) and (2) above, a record of the date and method of disposal, including consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for not less than two years from the date of disposal of the property.
(d)
If the disposal is in the form of a sale, all
receipts from the sale, after deducting necessary expenses of keeping
the property and conducting the sale, shall be paid into the City
Treasury.
(5)
Return of lost property to finder or owner. Sections
170.07 through 170.105, Wis. Stats., as amended from time to time,
are incorporated herein by reference. Any decisions, determinations
and certifications to be made by a law enforcement agency under the
aforesaid statutes shall be made by the Chief of Police or the Chief's
designee, upon such proof which may be deemed sufficient, in the sole
discretion of the Chief of Police or the Chief's designee, respectively.
[Added 8-24-2004 by Ord. No. 2004-1810]
A.
Wisconsin retirement fund. The City shall pay 100%
of the contributions required from the employee and the employer on
the basis of the employee's gross earnings for the entire year.
B.
Health and dental plan. The Chief of Police will be
eligible to participate in the City's health and dental plan on the
same basis as all nonrepresented management employees.
C.
Retiree health plan.
(1)
The Chief of Police shall be eligible to participate
in the City's health plan after 15 years of service with the City
of Franklin and attaining a normal retirement age as defined by the
Wisconsin Retirement System. The retired Chief of Police shall be
eligible to participate in the plan until he or she reaches age 65
or becomes eligible for Medicare, which ever occurs first.
(2)
Upon retirement, the City will contribute 75% of the
monthly cost of the City's health insurance premium and the retiree
will contribute 25% of the monthly cost of the City's health insurance
premium. Contributions must be paid in accordance with the rules set
forth in the Summary Plan Description for the City's health plan.
The amount contributed by the City on a monthly basis will be fixed
at time of retirement and remain frozen at that amount for the duration
of the retiree's participation in the City's health plan.
(3)
In the event the employee/retiree's spouse is not
eligible for Medicare when the employee/retiree's participation in
the insurance program ceases, the spouse may remain in the same City's
health plan until he or she is eligible for Medicare solely at the
expense of the spouse, provided that the spouse pays the full monthly
premium.
D.
Retiree dental plan. Upon retirement, the Chief of
Police will be eligible to remain in the City's dental plan. The retiree
will pay 100% of the cost of premiums.
E.
Paid holidays. The following are paid holidays:
F.
Personal days. The Chief of Police will receive four
personal days off with pay upon hire. Upon attaining five years of
continuous service, he/she shall be granted five personal days off
with pay. All personal days must be used within the calendar year
in which they are granted.
G.
Vacation days.
(1)
The Chief of Police will accumulate 6.67 hours each
month toward vacation time, which amounts to 10 days of paid vacation
per year. A newly hired Chief of Police is not eligible to use this
accumulated time until after six months continuous service with the
City.
(2)
After completing one year of service, the Chief of
Police will accumulate 10 days of paid vacation.
(3)
After six (6) years, the Chief of Police will accumulate
10 hours each month for a total of 15 days of paid vacation per year.
(4)
After 13 years, the Chief of Police will accumulate
13.34 hours each month for a total of 20 days of paid vacation per
year.
(5)
After 18 years of employment, the Chief of Police
will accumulate 25 working days of paid vacation, provided the employee
has accumulated at least 130 days of sick leave in the year the vacation
is taken, and provided further that five days will be deducted from
the sick leave account of the employee.
(6)
In the event that the employee has suffered a major
illness or a series of illnesses wherein the employee has used 20
successive days of sick leave and would have been eligible for the
vacation set forth above, had not such illness occurred, then those
days taken for major sick leaves shall be counted to arrive at the
one-hundred-thirty-day sick leave accumulation required.
(7)
After 22 years, the Chief of Police will accumulate
16.67 hours each month for a total of 25 days per year, regardless
of the number of sick days accumulated, and will not have sick days
deducted from his or her sick leave account.
(8)
Vacations shall be arranged so as not to interfere
with the normal function of the Department and maintenance of public
safety and service. Vacation time within the employee's respective
accumulation maximum may be carried over from one year to another.
H.
Use of City-owned vehicle. The Chief of Police shall
have use of a City-owned police vehicle.
I.
Paid sick days.
(1)
Sick leave shall accrue at the rate of one working
day for each full month of service. Accumulation begins after 30 days
from date of hire. There is no accumulation maximum of sick days.
A full month of service shall refer to any month in which an employee
receives pay for at least 10 days.
(2)
If no sick days are used in a calendar year, the Chief
of Police will accumulate three additional sick days, which shall
be added to his/her account. The Chief of Police may donate vacation
time to another member of the Department in accordance with the City's
vacation donation policy and program.
J.
Severance pay. Upon retirement, the Chief of Police
shall be entitled to a minimum of 30 days of severance pay. Severance
pay shall be accumulated at the rate of two days for each year of
service, with the limitation that no additional severance pay over
and above the minimum severance pay of 30 days shall be paid unless
the employee has accumulated sick leave corresponding to the severance
pay the employee would be eligible for, to a maximum of 60 days. Severance
pay shall be based upon the rate of pay the employee is earning at
the time of retirement.
K.
Uniform allowance. The Chief of Police shall be reimbursed
up to $400 per year for expenses related to uniforms according to
the City's reimbursement process.
L.
Residency. The Chief of Police will be required to
establish and maintain residency within the City of Franklin no later
than 18 months from date of hire.
M.
All other benefits. The Chief of Police shall be eligible
for all other benefits received by nonrepresented management employees
such as life insurance, family and medical leave, jury duty leave,
military leave, Section 125 flexible benefits, worker's compensation,
social security, long-term disability insurance and any other benefits.[1]
[1]
Editor’s Note: Former § 67-12, Benefits, special
pay practices, and conditions of employment for employees hired as
or promoted to Police Captains after December 2009, added 12-15-2009
by Ord. No. 2009-1991, which immediately followed this section, was
repealed 12-6-2011 by Ord. No. 2011-2065.
