[Amended 12-16-2013 by Ord. No. 2013-22]
A.
There is created a Police Department, an executive department of
the City. The Police Department consists of the Chief of Police and
of such number of other police officers as may be provided from time
to time by the City Council. The City may appoint, discipline and
discharge both full-time and part-time police officers. All police
officers employed by the City shall be 21 years of age or older, shall
be physically and mentally capable of performing the duties of a police
officer with or without reasonable accommodations, shall have a valid
Illinois drivers license, shall have no felony convictions and shall
be of good moral character as determined by the City Council. Both
full-time and part-time police officers shall be trained in accordance
with applicable procedures for such officers established from time
to time by the Illinois Law Enforcement Training and Standards Board.
B.
Part-time police officers shall have all of the responsibilities
of full-time police officers. Part-time police officers employed by
the City shall not work more than 1,560 hours per twelve-month period
beginning on the first of January of any calendar year. Part-time
police officers shall be under the supervision of the Chief of Police.
Part-time police officers shall not be assigned to supervise or direct
full-time police officers.
There is created the officer of Chief of Police.
He/She shall be appointed by the Mayor with the consent of the City
Council; and he/she shall be ex officio City Marshal and Superintendent
of Police.
Before entering upon his/her duties, the Chief
of Police shall file with the City Clerk a bond in the sum of $1,000
with sureties to be approved by the Council, conditioned to indemnify
the Council for any loss or liability due to or occasioned by any
act or failure to act on the part of the Chief.
The Chief of police, in addition to his/her regular responsibility
of being a patrol officer, shall have the following responsibilities;
A.
The Chief of Police is the chief administrative officer
of the Department and, operating in conjunction with the Police Committee,
shall have authority in all matters of policy and operations. He/She
exercises all lawful powers of his/her office and issues such lawful
orders as are necessary to assure the effective performance of the
Department.
B.
Through the Chief of Police, the Department is responsible
for the enforcement of all laws and ordinances coming within its legal
jurisdiction. The Chief of Police shall be responsible for the enforcement
of rules and regulations regulating the Department and for the completion
and forwarding of such reports as may be required.
C.
The Chief of Police is responsible to the Mayor and
will administer the Department under the direction and control of
the Mayor. He/She shall keep the Mayor informed of incidents or developments
that may unusually affect the public or official relations.
D.
The Chief of Police is responsible for the training
of all members of the Department. This includes the preliminary training
of members upon their appointment to the Department and the continued
training of all members.
E.
The Chief of Police shall be required to certify to
the correctness of all bills incurred by the Department. The Chief
of Police may without prior authorization make expenditures from time
to time on behalf of the Department for one or more items provided
that the aggregate amount of any such expenditure shall not at any
one time exceed $500. The Chief of Police shall promptly report all
such expenditures to the Police Committee. Purchases which at any
one time individually or in the aggregate exceed $500 but do not exceed
$1,000 must receive prior written authorization from the Chairman
of the Police Committee or the Mayor. Purchases which at any one time
individually or in the aggregate exceed $1,000 must receive prior
authorization by the City Council during a duly convened meeting of
the City Council. Purchases made without authorization or a purchase
order will be refused payment.
[Amended 12-8-2014 by Ord. No. 2014-12]
F.
The Chief of Police shall be the custodian of all
property coming into the possession of the Police Department, and
shall be accountable for all such property delivered into his/her
custody, and be responsible for the safekeeping, proper disposition
and accurate record of same. This record shall be by Inventory List.
This Inventory List is to be updated with every new purchase. A final
physical inventory is to be turned into the Police Committee by December
31 of every year and reviewed within 30 days. The Chief of Police
shall see that all property is returned to its lawful owner when no
longer needed by the Department.
G.
The Chief of Police will be responsible for the scheduling
of work hours, for each officer and each shift. He/She shall make
the monthly activity report available to the Mayor or the Police Committee
members at the first regular meeting of the City Council each month.
H.
The Chief of Police will be responsible for the maintenance
of all police vehicles and he/she will see that they are kept clean.
This is not to mean that the Chief must do this himself/herself. He/She
may delegate this to a patrol officer.
I.
The Chief of Police will be responsible to see that
each officer works his/her regular shift. Any shifts not worked requiring
the extra officer to be called in must be authorized by the Mayor
or the Police Committee only.
J.
The Chief of Police will be responsible for the care
of and filing of all records kept in the Police Headquarters.
It shall be the duty of the members of the Police
Department to see to the enforcement of all the ordinances of the
City and all statutes applicable thereto; and to preserve order and
prevent infractions of the law; and to arrest violators thereof.
A.
Mission on post. A patrol officer is responsible for
the accomplishment of the police mission on his/her post. He/She shall
constantly be vigilant and on the alert for violations of the laws
and ordinances, and shall make every effort to prevent breaches of
peace and offenses against persons and property. He/She shall be held
accountable for the reporting of crime, accidents, disorders, and
other criminal offenses and, when neglectful of his/her duties, shall
be held accountable.
B.
Report for duty. He/She shall report promptly at the
designated hour and place, in proper uniform, for the assignment of
duties. He/She shall carry out orders and instructions of his/her
superior officer and shall read such materials as are made available
to him/her. He/She shall make written memorandums of such information
as necessary.
C.
Geographical directions. Patrol officers are charged
with learning the geographical character of the City well enough to
enable them to give adequate directions to streets, public buildings,
etc. when requested. He/She shall never intentionally give wrong or
misleading directions.[1]
D.
Familiarization with City. A patrol officer shall
thoroughly familiarize himself with the City, learning the streets
and alleys. He/She shall be familiar with all public businesses, offices,
and their entrances, exits, fire escapes and all other possible means
of escape, while making himself/herself familiar with the locations
of the safes, night lights and other places of storage of valuables.[2]
E.
Businesslike manner. A patrol officer shall, at all
times, maintain an alert and businesslike manner, avoiding loitering
or lounging about places of business or on the street. This in no
way is to be construed that a patrol officer may not enter a place
of business to familiarize himself/herself with that place of business
and its operation.
F.
Patrolling. During his/her tour of duty, a patrol
officer shall patrol every part of the City, frequently rechecking
locations where there is a potential of crime. He/She shall not patrol
so as to make any fixed schedule, and shall alternate frequently and
backtrack in order to be at a location when least expected.[3]
G.
Suspicious circumstances. When a door or window is
found open under suspicious or unusual circumstances or any tour of
duty, the patrol officer shall make a thorough investigation and determine,
if possible, whether a crime has been committed, and whether the door
or window can be secured. He/She shall, if necessary, summon assistance
to examine the business. He/She shall make an incident report stating
the time the business was found open and results of the investigation.
H.
Summoning assistance. Under circumstances indicating
that a burglar is still inside a building, the officer should immediately
summon assistance and then stand guard until sufficient assistance
has arrived, at which time the building will be entered and searched.
I.
Friendliness and consideration. A patrol officer shall
be friendly toward all children, and be ever watchful of their physical
and moral welfare. The patrol officer will be kind and considerate
to all elderly citizens and, when the need arises, assist if possible.
J.
Traffic codes. Patrol officers are charged with the
enforcement of all provisions of the local and state traffic codes.
Failure to take appropriate action in traffic violations is considered
neglect of duty.
K.
Complaints. A patrol officer shall investigate all
complaints which are assigned to him/her or brought to his/her attention
by a citizen. He/She shall take appropriate action if those cases
are within his/her jurisdiction and inform those parties involved
of the laws or ordinances pertaining to that incident. If legal action
is outside the patrol officer's jurisdiction, he/she shall refer the
parties involved to the proper authority.
L.
Business safety. The front and rear doors of all businesses
shall be checked each shift, and the times of checking will be different
each night.
M.
Radio answering. The duty officer shall always go
10-41 and 10-42 with METCOM or with the proper authority.
N.
Leaving City. The officer will notify the proper authority
if it is necessary for him/her to leave the City, and arrangements
must be made to contact an off-duty officer, if a need arises, while
he/she is gone.
O.
Squad leaving City. Under no circumstances will the
squad car be taken beyond the City limits except:
(1)
Upon request from METCOM or a police officer from
the surrounding areas.
(2)
Upon request from the Illinois State Police.
(3)
To have the radio or radar repaired.
(4)
To go to court.
(5)
The officer on duty, may, when deemed necessary and
weather permitting, take the squad car onto old U.S. 66 between the
points of Lexington and the Ballard Elevator, for the purpose of eliminating
rough running. The speed shall not exceed that of the maximum legal
speed limit.
P.
Patrolling school and pool. The officer on daytime
duty shall patrol the school area during the start of school, at 12:00
noon, and when the school recesses for the day. Patrols must be made
around the school area whenever any event is taking place during evening
hours. The officer on duty shall patrol the swimming pool area whenever
the pool is open.
Q.
Patrolling business district. During all shifts, the
officer on duty shall patrol the business district on foot, whenever
it is not necessary to be in the squad car and weather permitting.
During basketball games, the officer on duty should make at least
one appearance inside the gymnasium during the game. During track
meets, baseball games and other outside events, the officer should
make an appearance, whether walking or in the squad car.
No member of the Police Department except the
Chief shall serve any process except on command of the Chief of Police.
It shall be the duty of every member of the
Police Department to conduct himself/herself in a proper and law-abiding
manner at all times. Each member of the Department shall obey the
orders and directions of his/her superior.
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 a witness in any action or suit
to which the City is a part; and fees paid for such services shall
be turned over to the Chief of Police, who shall deposit the same
with the City Treasurer.
The Chief of Police shall be the custodian of
all lost and abandoned or stolen property in the City. This property
shall be stored in Police Headquarters in the evidence locker. The
handling of all evidence or stolen property or lost and abandoned
property must be verified by multiple officers, simultaneously, with
the exception of initial storage of items by the arresting officer.
An inventory of all such property shall be maintained on file in the
Police Department. The property and inventory of the property shall
be made available upon request to two or more members of the Police
Committee or one Committee member and the Mayor.
It shall be the duty of every member of the
Police Department to obey the rules and regulations which have been
promulgated by the Mayor and City Council or which may hereafter be
adopted by the Mayor and City Council. Such rules and regulations
shall apply equally to each member of the Police Department, including
the Chief of Police.[1]
[1]
Editor's Note: For statutory provisions on
municipal police protection, see 65 ILCS 5/11-1-1 et seq.
A.
The purpose of these regulations is to provide a basis
for the orderly and disciplined performance of duty. Their publication
will promote a surer knowledge of what is expected of personnel.
(1)
Loyalty. Loyalty to the City, the Department, and
your associates is a very important factor with morale and efficiency.
Members and employees shall maintain a loyalty to the City, to the
Department and to their associates which is consistent with the law,
personal ethics and professional standards.[1]
(2)
General responsibilities. Within their lawful jurisdiction,
members shall at all times take appropriate action to protect life
and property; preserve the peace; prevent crime; and detect and arrest
violators of the laws. They will enforce all federal, state and City
laws and ordinances coming within departmental jurisdiction.[2]
(3)
Deportment. Employees, whether on duty or off duty,
shall be governed by the ordinary and reasonable rules of good conduct
and behavior, and shall not commit any act tending to bring discredit
to themselves or the Department.
(4)
Coordination. In carrying out the functions of the
Department, members shall direct and coordinate their efforts in such
a manner as will tend to establish and maintain the highest standards
of efficiency.
(5)
Cooperation with other agencies. Officers shall cooperate
with all law enforcement agencies, other City departments and public
service organizations, and shall cooperate with these agencies within
Department regulations.
(6)
Cooperation with the press. Officers shall extend
full cooperation to members of the press consistent with departmental
orders, provided the successful investigation or prosecution of a
police case is not jeopardized. Any situation which involves a question
of relationship with the press, and which cannot be resolved satisfactorily,
shall be referred to a superior or the States Attorney.
(7)
Conduct toward the public. Members and employees shall
be courteous and orderly in their dealings with the public. They shall
perform their duties quietly, not using harsh, violent, profane or
insolent language. Upon request, they shall supply their names and
rank in a courteous manner.
(8)
Knowledge of laws and regulations. Every member is
required to establish and maintain a working knowledge of all municipal
laws and ordinances currently in force, the rules and policies of
the Department, and the general and or special orders of the Department.
In the event of improper action or breach of discipline, it will be
presumed that the member was familiar with the law, rules or policy
in question.
(9)
Reporting for duty. Members of the Department shall
be punctual in reporting for duty at the time and place designated.
Repeated failure to report promptly at the time directed will be deemed
neglect of duty and made subject to charges. Sickness or illness must
be reported by the member as soon as he/she is aware that it will
be impossible for him/her to report to duty, but no less than two
hours before his/her tour of duty begins. The member shall keep the
Department informed as to his/her status and when expected to return
to duty.
(10)
Maintaining communications. Officers on duty, or when
officially on call, shall directly be available for communications,
or shall keep the Department or superior informed of the means by
which they may be reached when not immediately available.
(11)
Absence from duty. Every member or employee who fails
to appear for duty at the time, date and place specified without the
consent of competent authority is "absent without leave." Such absences
within the period normally constituting a tour of duty shall be the
subject of a written report to the competent authority.
(12)
Physical fitness. All members of the Department shall
maintain good physical condition so they can handle the strenuous
physical contacts often required of law enforcement officers.
(13)
Loitering. Officers shall not loiter in cafes, drive-ins,
service stations or other public places, except for the purpose of
transacting police business or to take regular meals, as provided
for in the Department orders.
(14)
Sleeping on duty. Officers shall not sleep on duty.
(15)
Shopping in uniform. Officers in uniform, on or off
duty, shall not shop extensively nor carry large quantities of merchandise
unless directly connected with their normal police activity or required
in the line of duty.
(16)
Intoxicants. No officer in uniform shall drink any
alcoholic beverage. No officer in plain clothes shall drink an alcoholic
beverage while on duty. No officer off duty and in uniform, or in
any part of his/her uniform dress, shall drink any alcoholic beverage
in public view or in a public place accessible to the public. No officer
while off duty shall drink an alcoholic beverage to an extent which
results in the commission of an obnoxious or offensive act which might
bring discredit upon the Department. No officer or member of the Department
will appear for or be on duty while under the influence of liquor
or drugs, or be unfit for duty because of their use.
(17)
Intoxicants on departmental premises. Members and
employees shall not bring into or keep any intoxicating liquor on
departmental premises except when necessary in the performance of
their duties.
(18)
Possession of keys. No member, unless authorized by
the Chief, shall possess keys to any business establishment.
(19)
Departmental keys. Employees and members shall obtain
permission from the Chief of Police before having duplicates of any
departmental key, or before lending or furnishing departmental keys
to any persons not employed by the Department.
(20)
Impartial attitude. All members are to remain completely
impartial toward all persons coming to the attention of the Department.
All citizens are guaranteed equal protection under the law, and violations
of the laws are against the laws of the state or City, not against
the individual officer.
(21)
Discrimination. Members and employees will not discriminate
against any person because of his/her nationality, color, creed or
beliefs.
(22)
Personal preferment. No member or employee may seek
the influence or intervention of any person outside the Department
for the purpose of personal preferment, advantage, transfer, or advancement.
(23)
Care of departmental property. All members are responsible
for the safekeeping and proper care of all property used by them and
belonging to the Department. Property shall only be used for official
purposes and in the capacity for which it was designed.
(24)
Court appearances. Attendance at court or quasi-judicial
hearing, as required by subpoena, is an official duty assignment.
Permission to omit this duty must be obtained from the prosecuting
attorney handling the case, or other competent court official. When
appearing in court, the officer shall wear either the official uniform
or a suit and tie, but preferably shall appear in uniform. Members
shall present a neat and clean appearance, avoiding any mannerisms
which might imply disrespect to the court.
(25)
Gifts, gratuities, fees, rewards, loans and soliciting.
Members and employees shall not under any circumstances solicit any
gift, gratuity, loan or fee where there is any direct or indirect
connection between the solicitation and their departmental membership
or employment.
(26)
Acceptance of gifts, gratuities, fees and loans. Members
and employees shall not accept, either directly or indirectly, any
gift, gratuity, loan, fee or any other thing of value arising from
or offered because of Police Department employment or any activity
connected with said employment. Members and employees shall not accept
any gift, gratuity, loan, fee or other thing of value, the acceptance
of which might tend to influence directly or indirectly the actions
of that member or employee.
(27)
Gratuities and rewards. Members and employees of the
Department, individually and collectively, shall not solicit rewards
for the performance of duties, nor seek, ask for or accept gratuities
or gifts of any kind.
(28)
Acceptance of fees, compensation. No member of the
Department or its employees shall accept any fees or compensation
of any kind from any person, agency, court, court officials, Justice
of the Peace or any other, except such fees and compensation as are
specified and provided for and authorized by law. When a member or
employee accepts fees for a subpoena, those monies shall be turned
over to the City treasury, except when that employee or member appears
on his/her own time and in his/her privately owned vehicle. Should
a member or employee appear in uniform and travel in Department-owned
vehicles, then that fee shall be turned over to the City treasury.
(29)
Other transactions. Every member and employee is prohibited
from buying or selling anything of value from or to any complainant,
suspect, witness, defendant, prisoner or other person involved in
any case which has come to his/her attention, or which arose out of
his/her departmental employment, except as may be officially authorized
by the Chief of Police.
(30)
Property, personal use. Members shall not convert
to their own use or have any claim upon any found property, recovered
property or property held as evidence, unless so ordered by the courts.
(31)
Off-duty reporting in emergencies. Members off duty
shall upon official notice report for duty immediately upon receipt
of notification, and comply with instructions given at the time of
notification. Members shall report immediately in the event of any
major disaster.
(32)
Criticism of City and Department. Constructive criticism
of any Department operation, employee or policy of local government
is encouraged. Whenever there are such constructive criticisms, they
shall only be discussed with members of the Department and shall be
related to the proper authority.
(33)
Criticism of officer and uncalled-for remarks. No
officer or member of the Department shall, upon any street, in any
business, house or elsewhere, to any officer or member of the Department
or to any citizen, make any remark in regard to any officer or member
which might bring the Department or any officer or member of the Department
into disrepute, or subject it or them to any ridicule. Any such matter
should be brought to the attention of the Chief of Police or Police
Committee member or Mayor.
(34)
False official reports. No officer or member shall
make a false official report, or make a false statement or gossip
about any officer or member of the Department, or of any member of
the City government, or the business of the Department or the City
government, to the discredit or detriment of such officer or member
of the Department or any member of the City government.
(35)
Assistance to other members. All members are required
to take appropriate police action toward aiding a fellow officer who
might be exposed to danger or in a situation where danger is imminent.
(36)
Special police work. No member shall engage in private
or special police work for any cafe, dance hall, tavern or other similar
type of establishment or concern unless he/she has received specific
permission from the Chief of Police. Such requests shall be transmitted
to the Police Committee by the Chief or Police, and both parties shall
vote on that request.
(37)
Civil actions. Employees shall not institute any civil
action arising out of their official duties without first notifying
the Chief of Police.
(38)
Payments for injury in line of duty. Employees and
members shall not accept or agree to accept anything for personal
injury incurred in the line of duty without first notifying the Chief
of Police.
(39)
Testifying for the Department. Any member or employee
subpoenaed to testify for the defense in any trial or hearing or against
the City or Department shall notify the Chief of Police upon receipt
of the subpoena.
(40)
Change of address. Members and employees shall notify
the Department within 24 hours of change of address or telephone number.
This notification will be in written form.
(41)
Telephone. All members and employees of the Department
shall maintain a telephone in their residence. Respecting each individual
right and desire to privacy, this number may be unlisted.
(42)
Informing superiors. Members and employees shall inform
superiors of any matters coming to their attention which may affect
the welfare or be of interest to the Department or to the City.
(43)
Criticism of orders. Members and employees shall not
publicly criticize instructions or orders they have received.
(44)
Obeying orders. All members and employees shall promptly
obey any lawful order emanating from any superior. Obedience to an
unlawful order is never a defense for an unlawful action.
(45)
Unlawful orders. No person in authority shall knowingly
issue any order which is in violation of any law of federal government,
state government, county ordinances, or City ordinances or departmental
rule or order.
(46)
Reporting violations of laws, ordinances, rules, orders.
Members and employees knowing of other members or employees violating
laws, ordinances, rules or orders of the Department or disobeying
orders shall report same in writing to the Chief of Police.
(47)
Conflicting orders. Should any order conflict with
any previous order from any other superior, or from any member of
the City government, the member shall promptly and respectfully call
attention to such conflict of orders for the benefit of said superior
or person giving the order. If said superior or person does not change
his/her order to alleviate such conflict, his/her order shall stand.
(48)
Officer in charge. At the scene of any occurrence
when a superior officer is not present, the officer assigned to that
particular post will be in charge. In his/her absence and in the absence
of any superior officer, the ranking patrol officer shall be in charge.
(49)
Radio discipline. All members of the Department operating
the police radio, either from a mobile unit or in the Communications
Center, shall strictly observe regulations for such operations as
set forth in departmental orders and by the Federal Communications
Commission.
(50)
The radio operator. Members and employees shall always
obey the instructions given via the radio by the radio operator.
(51)
Going off the air. All members and employees will
advise the appropriate agency when they depart from their mobile unit.
This dispatch should indicate their location and reason for "going
off the air."
(52)
Availability when on duty. Members and employees shall
not conceal themselves except for some police purpose. They shall
be immediately and readily available to the public during duty hours.
(53)
Orders. Any order posted in the Police Headquarters
building and given in written form to each member and employee shall
be construed as part of these rules and regulations.
(54)
Official business. All members and employees shall
treat as confidential the business of the Department. They shall give
such information only to those authorized to receive it.
(55)
Divulging criminal records. Contents of any criminal
record or report filed in the Police Department shall not be exhibited
or divulged to any person, other than during the process of an investigation,
or to another duly authorized law enforcement officer, or under due
process of law.
(56)
Assisting criminals. Members and employees shall not
communicate in any manner, directly or indirectly, any information
which might assist persons charged with criminal or quasi-criminal
acts to escape arrest or punishment.
(57)
False reports or entries. No member or employee of
the Department shall make false official reports, or knowingly enter
or cause to be entered in any Department book, record or report, any
inaccurate, false or improper information or other material matter.
(58)
Truthfulness. Members and employees are required to
be truthful at all times, whether under oath or not.
(59)
(60)
Reporting of discharging of firearms. Whenever a member
discharges his/her firearm, either accidentally or in the performance
of a police duty, except at an approved range, he/she shall report
any such discharging of his/her firearms immediately to the Chief
of Police. This report shall be in writing giving the circumstances
surrounding the incident.
(61)
Display of firearms in line of duty. Firearms are
never to be taken from their holsters for the purpose of display except
in the line of duty. Members are to never draw their firearms while
in public for the reason of display, or to show it to another person.
Members are forbidden to submit their firearms to anyone, except those
duly authorized to receive it.
(62)
Arrests. In making arrests, members shall strictly
observe the laws of arrests, and the following procedures will be
followed. Only necessary restraint to assure safe custody and the
safety of the officer shall be employed. The arresting officer is
responsible for the safety of and the protection of the arrested person
while in his/her custody. He/She shall notify the county jail of any
injury, apparent illness, or other condition which indicates the arrested
person may need special care, when that person is to be detained in
the county jail.
(63)
Use of physical force. Malicious assaults or batteries
committed by members constitute gross misconduct. The use of physical
force shall be restricted to circumstances specified by law when necessary
to accomplish a police task successfully. Whenever a member, on or
off duty, is required to strike or use considerable physical force
against another person, he/she shall immediately call the Chief of
Police to the scene or, if not practicable, contact him/her as soon
as possible and submit a written report, giving in full all details
about the incident.
(64)
Custody of prisoners. Members charged with custody
of prisoners shall observe all laws and departmental orders regarding
this activity. Prisoners shall be kept securely, treated firmly and
humanely, and shall not be subjected to unnecessary restraint. When
a prisoner is handcuffed, the officer shall have enough room between
the victim and the handcuff that the index finger can be inserted.
When using double-lock handcuffs, the double lock shall be activated
so the prisoner cannot accidentally close the cuffs tighter.
(65)
Prisoners or suspects, availability of weapons. Officers
shall not place weapons or objects for use as weapons and capable
of inflicting serious bodily injury, or permit such weapons or objects
to remain unattended, in any location in the Police Headquarters or
patrol car normally accessible to a prisoner or suspect. This regulation
does not apply to fixtures or furnishings which are part of the patrol
car or Police Headquarters.
(66)
Transporting prisoners. When transporting prisoners,
they shall be handcuffed with their hands behind their backs. If a
serious escape risk, the cuffs should be inserted behind the belt,
should the prisoner have on a belt. The only exception to this rule
is when the health or other physical condition of the prisoner does
not permit it.
(67)
Prisoners' property. The arresting officer is responsible
for the security of the prisoner's property in the possession of the
arrested person or under his/her control at the time of the arrest.
He/She shall see that such properties are safely stored until they
can be returned to the arrested person, or in case of incarceration
they shall be transported with the prisoner, when practicable, and
left at the county jail, or other persons duly authorized to receive
the property.
(68)
Female prisoners. Female prisoners or suspects shall
be touched only as necessary in taking them into custody and determining
that weapons are not being concealed. This order should not be construed
as to prevent male officers from making necessary searches of female
prisoners for evidence on felony cases when women officers or matrons
are not present.
(69)
Attorneys and bondsmen. No member or employee of the
Department shall, in the line of duty, either directly or indirectly,
recommend the employment of any person as attorney or counsel. No
member shall suggest or recommend the name of any bondsmen to any
prisoner or suspect. No member or employee shall post bond for persons
under arrest, except members of his/her immediate family.
(70)
Political rights. The right of every officer or member
of the Department to entertain or have partisan opinions, or the right
of elective franchise, will be deemed sacred and inviolate. However,
no officer or member of the Department will be permitted to be a delegate
or representative to, or member of, any political or partisan convention
the purpose of which is nomination of any candidate or candidates
to any political office; neither shall any officer or member of the
Department act as clerk or judge of any board of registry of election,
or judge or clerk of a primary or general election. No police officer
shall serve as an election official, nor shall he/she engage in any
political activity, other than to vote, in behalf of, or in opposition
to any candidate, political party or public issue involved in any
election. Violations of this section shall vacate appointments of
any member of the Department. This is in no way to be construed that
a member or employee does not have the sacred right to his/her opinion
of a candidate or candidates or public issues, and he/she may voice
his/her opinion only if it is done in a manner that will not be detrimental
to the Department.
(71)
Reporting. Members and employees shall promptly submit
such reports as are required by the performance of the duties, or
by competent authority.
(72)
Payment of debt. Members and employees should so arrange
their personal financial affairs so that creditors and collection
agencies will not have to make use of the Police Department for the
purpose of making collections.
(73)
Call-up of off duty officers and employees. Should
it be necessary to call an officer or employee from home on a matter
that cannot wait until an officer is on duty, it shall be the policy
of the Department that the officer that just completed his/her tour
of duty not be called. Should the day officer be called out, he/she
may take time off equal to time worked. This is to be taken as soon
as practicable, provided there are no conflicts with court appearances,
and existing policies. Should the night officer be called out, he/she
may take time off equal to time worked, but must not be taken in the
later hours of the shift.
(74)
Residential requirements. It shall be the policy of
the City of Lexington to no longer require that any full-time and/or
part-time employee reside within any geographic limits of the corporate
limits of the City of Lexington. However, any employee, whether full-time
or part-time, will remain subject to any availability by call requirement
as set forth in existing policies.
[Amended 3-24-2003 by Ord. No. 2003-2]
(75)
Confidentiality. All members and employees, including
civilian employees, are forbidden to discuss or gossip about departmental
matters. Matters pertaining to police incidents and departmental matters
are to remain within the departmental structure. This does not prohibit
officers or employees from conferring about cases pending or to be
established.
(a)
Regulations and operating procedures apply to
each officer equally, exactly the same.
(b)
Patrol or daily logs will be legible and easily
understood.
(c)
Logs will accurately reflect the shift activities,
whether running radar, routine patrol, checking doors, or out of town,
etc.
(d)
Every daily log will be left at City Hall after
each shift. In the event of working late or overtime, logs can be
dropped into the water bill slot.
(e)
When possible, all reports will be finished
and left at City Hall after each shift. If it is necessary, due to
lack of information etc., to delay the report, the daily log will
explain why.
(f)
The police regulations will be followed to the
letter. Anyone with a complaint must go through proper channels to
discuss problem areas. If an officer feels he/she is not getting his/her
concerns addressed, he/she should then go to a Police Committee member
or the Mayor. No one will circumvent this process.
(g)
Any allegations regarding improper procedures
or unanswered questions should be brought to the Mayor, and police
or administrative matters should not be discussed with anyone else.
(h)
The Police Committee will meet at least once
a month with the officers to update and improve procedures.
A.
Absence from duty. No officer or employees of the
Department shall be absent from his/her regular tour of duty without
the permission of the Chief of Police, or other duly authorized person.
B.
Unexplained absence. Unexplained absence for two days
or more by an officer or employee of the Department shall be deemed,
and held to be, a resignation by such officer or employee and accepted
as such by the Chief of Police.
C.
Reporting illness or injury. It shall be the responsibility
of the officer or employee of the Department to report illness or
injury as promptly as practicable to the Chief of Police or other
duly authorized person. It shall not be the responsibility of the
Department to make inquiry of illness or injury.
D.
Injury in the line of duty. In the case of personal
injury sustained by an officer or employee of the Department while
in the performance of his/her duty, he/she shall immediately, or as
soon as practicable thereafter, report or cause to be reported such
injury to the Chief of Police or to some duly authorized person of
the Department.
E.
Who is subject to disciplinary action. Any member
or employee violating his/her oath and trust by committing an offense
punishable under the laws or statutes of the United States, the State
of Illinois or local ordinances, or who violates any provisions of
the rules and regulations or procedures of the Police Department,
or who disobeys any lawful order, or who is guilty of conduct unbecoming
an officer or employee, or who is incompetent to perform his/her duties
is subject to appropriate disciplinary action.
F.
Disciplinary penalties. Any officer or employee of
the Department shall be subject to reprimand, reduction in pay, suspension
from duty, reduction in rank, dismissal from the Department, loss
of vacation days, or regular days off, or any one or more of the foregoing
penalties, according to the nature and aggravation of his/her offense.
If any member has been reprimanded more than twice for any of the
aforesaid regulations or rules, regardless of how minor, he/she is
subject to three days' suspension without pay.
G.
Testifying in departmental investigations. Members
and employees are required to answer questions by or render any relevant
statements to a competent authority in departmental investigations,
when so directed.
H.
Establishing elements of a violation. Existence of
facts establishing a violation of a law, ordinance or rule is all
that is necessary to support any allegation of such as a basis for
a charge under this section. It is not necessary for a formal complaint
to be filed or sustained. Nothing in this manual prohibits disciplining
or charging members or employees merely because the alleged acts or
omission does not appear herein, in departmental orders, or in laws
and ordinances within cognizance of the Department. All charges and
allegations must be in a written form and presented to the accused,
stating particular violations of the laws, ordinances and departmental
orders.
I.
Reports of disciplinary action taken or recommended.
Whenever disciplinary action is taken or recommended, a written report
must be submitted immediately to the Police Committee, within five
business days, containing the following information:
(1)
The full name and rank of the person being recommended
for disciplinary action.
(2)
The date(s), time(s), and location(s) of the misconduct.
(3)
The section number(s) of this manual violated or common
description of the alleged infraction if not covered in a section
of this manual.
(4)
A complete statement of the facts of the misconduct.
(5)
The written signature of the person reporting or making
the allegations.
J.
Informing officers/employees who have committed an
infraction. When the investigation of any infraction has been completed,
a copy of the facts, including the recommended disciplinary action,
will be given to the offending officer or employee. This report must
include the rule or regulation or laws the member is alleged to have
violated and the facts uncovered to substantiate this charge. In writing
and distributing these reports, every effort should be made to keep
the incident confidential, and the use of sealed envelopes is recommended.
K.
Investigation of alleged misconduct. The officer assigned
to the investigation of alleged act of misconduct on the part of the
member or employee of this department shall conduct a thorough and
accurate investigation. Such investigation shall include formal statements
from all parties concerned when necessary and pertinent, the gathering
and preservation of any physical evidence pertaining to the case,
and all other information bearing on the matter.
L.
Reports of investigation of alleged acts of misconduct.
Every alleged act of misconduct must be investigated, and the results
of the investigation must be reduced to a written report. The investigator
shall summarize the pertinent facts, including:
M.
Findings. One of the findings listed below will be
included in the report of investigation of an alleged act of misconduct:
(1)
Unfounded: the investigation indicates that the alleged
act or acts did not occur, or failed to involve department personnel.
(2)
Exonerated: acts did occur, but were justified, lawful
and proper.
(3)
Not sustained: investigation fails to discover sufficient
evidence to clearly prove or disprove the allegations made in the
complaint.
(4)
Sustained: the investigation disclosed sufficient
evidence to clearly prove the allegations made in the complaint.
(5)
Not involved: the investigation establishes that the
individual receiving or subject to this complaint was not involved
in the alleged incident.
A.
Uniforms and equipment.
(1)
All police personnel shall be in possession of the
property listed below, and all uniforms shall be supplied from a dealer
designated by the Chief of Police or the City Council. Personnel shall
be properly uniformed on duty, except patrol officers who are assigned
to civilian dress by specific order, or appearing in court in civilian
dress.
(a)
One cap emblem.
(b)
Two badges.
(c)
One issued name plate.
(d)
One identification card.
(e)
One winter jacket.
(f)
Three long-sleeve shirts.
(g)
Three short-sleeve shirts.
(h)
Two pair uniform trousers.
(i)
Two uniform ties.
(j)
One tie clasp.
(k)
One Eisenhower jacket.
(l)
One uniform rain coat and rain hat cover.
(m)
One Montana Peak felt hat (winter style).
(n)
One Montana Peak straw hat (summer style).
(o)
Ammunition for sidearm.
(2)
All uniforms and accessories worn by personnel shall
be in the color specified by the City.
C.
Carrying equipment off duty. When off duty, officers
may carry or have in their possession their badge, Department-issued
ID card, and qualified departmental firearm.
D.
Carrying qualified departmental firearm in civilian
clothes. A member of the Department, when off duty or when on duty
in civilian clothes, shall not wear or carry his/her qualified departmental
firearm in such a manner as to be conspicuously exposed to view.
E.
Wearing of uniform and its appearance. Officers shall
keep their uniform clean, well brushed and pressed. They shall wear
well-polished shoes. Members shall keep their hair neatly cut and
be clean shaven. Sideburns may extend down to but may not extend beyond
the bottom of the ear where the ear is attached to the head. There
shall be no beards or facial hair that can be considered beards. Mustaches
may be worn if the member so desires but shall not extend beyond the
corner of the mouth, and must be kept neatly trimmed. "Handle-bar"
mustaches shall not be worn. Officers shall, as often as necessary,
examine and clean their equipment, and keep same always in good, serviceable
condition. While wearing the uniform, members shall maintain a military
bearing, avoiding mannerisms such as slouching, shuffling, or putting
hands in pockets. The uniform hat and tie are optional except when
full uniform is required.
F.
Replacement or repair of uniforms. If any part of
the uniform becomes shabby and shows excessive wear, or is damaged
in the line of duty, it should be submitted to the Chief of Police
for inspection and replacement if needed.
G.
Lending of badge, credentials, weapons. Members shall
not permit any person not appointed as an officer in this Department
to use a Police Department badge, identification card or weapon at
any time.
A.
Chase control. A chase should never be taken unless
necessary. Once begun, it should be restrained and carefully controlled.
C.
Chase decision. The decision to chase should be considered
if:
(1)
The vehicle pursued is being operated in a manner
which is dangerous to the public.
(2)
The vehicle being pursued is being driven by a person
whom the officer reasonably believes to be a person who has committed
a serious felony.
(3)
The driver of the fleeing vehicle has been involved
in extreme physical violence.
D.
Warning lights and sirens. Any high-speed chase requires
the use of warning lights and sirens.
E.
Capabilities. The pursuit officer should never knowingly
exceed his/her driving capabilities.
F.
Risks. Pursuit is inappropriate when the risk of injury
outweighs the benefit of apprehending the driver.
G.
Number of police vehicles. The maximum number of police
vehicles which may be involved in this area of jurisdiction is two.
H.
Another agency. The maximum number of Lexington Police
vehicles which may be involved at another agency's request is one.
I.
Discontinue chase. At any one time in which the total
number of police vehicles involved in a chase exceeds five, the Lexington
car is to discontinue the chase.
The Chief of Police shall keep such records
and make such reports concerning the activities of his/her Department
as may be required by statute or by the City Council. The Chief shall
be responsible for the performance by the Police Department of all
its functions, and all persons who are members of the Police Department
shall serve subject to the orders of the Chief of Police.
