[HISTORY: Adopted by the City Council of
the City of Fitchburg as indicated in article histories. Amendments
noted where applicable.]
[Adopted as §§ 16-1 through 16-20 of
the 1965 Code]
[Amended 2-7-1967]
A.
The Police Department shall consist of the following
officers and members: one Chief, three Captains, four Lieutenants,
13 Sergeants and not fewer than 77 patrol members and such other members
as the Mayor and the City Council shall from time to time determine.
This composition shall be implemented in equal and proportionate increments
within four years, notwithstanding any ordinance or Code provision
to the contrary.
[Amended 12-7-1982 by Ord. No. 434-82; 4-19-1988 by Ord. No. 126-88; 2-19-1991 by Ord. No. 44-91]
B.
The enactment of this section shall not in any way
demote or change the status of any of the present officers of the
Police Department, and vacancies in the Police Department caused or
created by reason of death or retirement or any other cause of any
officer of the Police Department shall not be filled so as to increase
the number of officers to exceed 16 in total as set forth in the preceding
subsection hereof as amended after the adoption of this section.
The members of the Police Department shall be
appointed by the Mayor, subject to confirmation by the Council, in
accordance with the Civil Service Act.
A.
No person shall be a member of the Police Department
who is less than 21 years of age or who is not at the time a resident
of the city.
B.
Every person appointed to the Police Department as
either a permanent or reserve member shall qualify as such with the
City Clerk within 30 days after notice of his or her appointment.
He or she shall receive a certificate of his or her appointment, duly
signed by the City Clerk, and present the same to the Chief of Police
when he or she first reports for duty.
[Amended 6-3-2014 by Ord.
No. 100-2014]
[Amended 6-3-2014 by Ord.
No. 100-2014]
When any regular or reserve officer or member
of the Police Department ceases to be a legal resident of the city,
he or she shall resign from the Department, and failure so to resign
shall be sufficient cause for his or her removal.
[Amended 7-28-1971 by Ord. No. 545-71; 9-5-1972 by Ord. No. 442-72]
A.
The police, when on duty, shall wear such uniform,
hat and badge as the Mayor shall determine.
B.
Every police officer assigned to work a minimum average
hourly week of 37 1/2 hours on a full-time basis or assigned to work
hours in excess thereof on a full-time basis shall be allowed a sum
of $175 per annum for such police uniform clothing items as shall
be determined by the Chief of Police. Such allowance shall be made
to each police officer as determined necessary by the Chief of Police.
C.
Each patrolman or patrolwoman, upon appointment to
the Department on a full-time basis, shall receive a special uniform
allowance of $250 for the initial purchase of such uniform items as
shall be determined by the Chief of Police.
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
Any police officer who has been employed by the City of Fitchburg Police Department for 20 years or more and who retires in good standing may, by written request made within six months of said retirement, purchase the weapon previously assigned to said officer from the City for $1, provided that the sale shall comply with all applicable laws of the commonwealth, a licensed dealer shall be used to facilitate the sale, and the purchaser is properly licensed to carry the weapon being purchased at the time of said sale. Any officer who retired between January 1, 2000, and the date this amendment is approved shall have six months from said approval date to make a written request as set forth above. The Council hereby declares all service weapons requested by retired officers to be surplus property and sales thereof, pursuant to this section, shall be exempt from any conflicting provisions of Chapter 14 of the Code of the City of Fitchburg.
[Added 3-5-2002 by Ord. No. 32-02]
Except as provided in §§ 35-2 to 35-7, the compensation to be paid to the members of the Police Department, whether regular or reserve, shall be in full for all services rendered by them in their respective offices and employments; regular police officers shall be entitled to compensation at the rates named only for days and periods of actual service, except when such officers are on their annual vacation and except as to their days off.
[Added 10-17-1967; amended 6-3-2014 by Ord. No. 100-2014]]
If a regular or permanent police officer in
the service of the city shall be required to be on duty for any period
in excess of his or her regular hours of duty as from time to time
established, he or she shall be compensated for such period of overtime
duty at a rate which shall be 1 1/2 times the hourly rate of his or
her regular compensation for his or her average weekly hours of regular
duty; provided, however, that in the event a police officer is required
to be in attendance as a court witness after his or her regular tour
of duty, such overtime pay shall not be paid until after the first
three hours of such court attendance, and further provided that if
any such police officer is on special service at the request of anyone
other than the Chief of the Police Department, such officer shall
not be entitled to overtime pay as hereinabove set forth.
All members and officers of the Department shall
have the powers and duties of watchmen under general laws and all
the powers of constables, except the power of serving and executing
civil process.
[Amended 6-3-2014 by Ord.
No. 100-2014]
The patrolmen and patrolwomen shall, during
such hours as the rules and regulations of the Department prescribe,
cover the rounds in and about such of the streets, lanes, principal
inhabited places and other parts of the city as the Chief of Police
shall direct. They shall prevent danger by fire and see that order
is kept and that all disturbances and disorders are prevented and
suppressed, and shall perform such other duties as the Chief of Police
shall direct. They shall take notice of all obstructions, nuisances
and defects in the streets and, if authorized, remove the same when
practicable forthwith. They shall notice all streetlamps not lighted
at proper times or not burning during proper hours or which are unclean
or give insufficient light, and shall forthwith report thereon and
also on any matter affecting the health or safety of the public to
the Chief of Police. They shall faithfully execute and obey all orders
of the Chief of Police or of the officer who, in his or her absence,
shall be charged with his or her duties.
[Amended 6-3-2014 by Ord.
No. 100-2014]
Police chauffeurs shall at all times have the
same powers and the same duties as the regular patrolmen and patrolwomen
and shall be subject to the same rules and regulations as regular
patrolmen and patrolwomen.
[Amended 9-5-1972 by Ord. No. 443-72]
A.
The minimum average weekly hours of work for all patrolman
and patrolwomen, Lieutenants and Captains of the Police Department
within the classified civil service shall be established at 37 1/2
hours, except for reserve patrolman or patrolwomen not devoting their
entire working time to police duties.
[Amended 6-3-2014 by Ord.
No. 100-2014]
B.
Uniform patrolman or patrolwomen scheduled to work
in a patrol function shall be scheduled on a four-and-two basis. Other
employees of the Department set forth above shall be scheduled in
a manner so as to provide that their minimum average hours of work
shall not exceed 37 1/2 hours.
[Amended 6-3-2014 by Ord.
No. 100-2014]
C.
Days off falling within the vacation period shall
be considered as a part thereof and shall not be made up outside that
period.
D.
Except as limited above, the time, manner and scheduling
of work and relief from work shall be determined by the Chief of Police.
An employee of the Police Department so relieved shall be exempt from
duty and attendance at a police station or other place, but otherwise
shall be subject to other portions of this chapter, all other ordinances,
laws, rules and regulations and orders of or pertaining to the Police
Department or members thereof.
E.
The Chief or other officer in command of the Police
Department may, in case of public emergency or of any unusual demand
for the services of the police in this city, prevent any member of
the Department from taking the days off at the time when he or she
is entitled thereto or at the time he or she is assigned therefor,
provided that such days off shall be granted to him or her as soon
thereafter as is practicable, notwithstanding anything set forth herein.
[Amended 6-3-2014 by Ord.
No. 100-2014]
[Amended 6-3-2014 by Ord.
No. 100-2014]
It shall be the duty of all policemen and policewomen
and regular employees of the Police Department to cause a written
report to be made to the Chief of all injuries, both minor and major,
and of all sickness arising from the duties of their employment. Such
reports shall be made immediately after the injury is sustained. Cases
of sickness shall be reported within seven days after the occurrence
of the cause of the same.
There shall be appointed annually, in January,
by the Mayor, a keeper of the lockup, who shall have charge of the
lockup. The Chief or any other member of the Police Department may
be appointed to this position.
[Amended 6-3-2014 by Ord.
No. 100-2014]
The Mayor shall, from time to time, appoint,
subject to confirmation by the Council, such number of special police
officers, who need not be residents of the city, as he or she may
deem necessary. All special officers shall be subject to the authority
of the Mayor and the Chief of Police and may be assigned for duty
in time of riot or emergency, and when so assigned, shall have all
the powers and duties of regular police officers, and unless so assigned,
shall not have such powers and duties. They shall not be entitled
to receive pay from the city when not engaged in rendering service
to the city. No special police officer shall exercise police power
or authority of the police of the city for any private organization
or individual unless he or she has first been assigned by the Chief
of Police for duty for such organization or individual. The Chief
shall keep a record of all assignments made by him or her under this
section.
The reserve police officers shall perform such
duties and at such times and places as shall be, from time to time,
assigned them by the Chief of Police. While employed, they shall be
subject to all rules and laws prescribed for the Police Department
and receive such compensation as the Council shall, from time to time,
determine.
[Amended 10-17-1972 by Ord. No. 572-72]
A.
The Chief of Police may appoint, subject to the approval
of the Mayor and the City Council, special female police officers,
to be paid upon a monthly basis for each month from September to June
of each school year. Their compensation shall be determined by the
Mayor and the City Council. In the enforcement of Chapter 90 of the
General Laws and all the ordinances relating to the operation, standing
and use of vehicles only, such special police officers shall have
all powers of a constable, except the power of serving and executing
civil process. These female officers shall be known as the "Assistant
School Traffic Supervisors" and shall obey all lawful orders of the
Chief of Police and be subject to all rules and regulations of the
Police Department not inconsistent with their authority and duties.
B.
The Chief of Police may appoint, subject to the approval
of the Mayor and the City Council, special part-time personnel to
be known as "Assistant School Traffic Supervisors," to be paid at
an hourly rate, to work in conjunction with the School Traffic Supervisors,
with the same powers and subject to the orders of the Chief of Police
and to the rules and regulations of the Police Department as set forth
in the preceding subsection.
C.
No more than 16 persons shall be employed at any one
time in the aggregate under either job title above.
Except as otherwise provided, all fees, penalties,
witness fees, moneys or compensation received by members of the police
force, other than their salary, for any service rendered in their
official capacity, except money or compensation received by them for
special services, shall be paid by them monthly into the city treasury
by the officer receiving the same. Members of the Department shall
be entitled to retain such witness fees as may be paid to them under
the provisions of MGL c. 262, § 53, and actual expenses
paid them by the county in accordance with MGL c. 262, § 50.
The members of the police force shall immediately
make a careful examination of every case of accident or injury to
person or property coming within their notice and procure the names
of all witnesses thereto and make a full report thereof to the Chief
of Police.
The members of the Police Department shall,
in such manner as the Chief Engineer of the Fire Department may direct,
aid the Fire Department by giving alarms in case of fire, by clearing
the streets or grounds in the immediate vicinity of a fire or performing
other police service so that the members of the Fire Department may
not be hindered or obstructed in the performance of their duties.
In case of a riot, conflagration or other emergency,
the Mayor or Chief of Police shall have full authority to summon and
keep on duty any and all permanent members of the Police Department
while such riot, conflagration or other emergency shall continue.
No gambling shall be allowed in any building
occupied by the Police Department, nor shall any spirituous liquors
be used therein.
[Adopted as §§ 16-21 through 16-30 of
the 1965 Code]
The Police Department shall be under the supervision
of the Chief of Police.
[Amended 5-7-2002 by Ord. No. 64-02]
A.
The Chief of Police shall be appointed by the Mayor,
subject to confirmation by the Council. Such appointment shall be
for a term of not less than three years and not more than five years,
including any renewals or extensions, and shall be exempt from the
provisions of Chapter 31 of the General Laws in accordance with Chapter
105 of the Acts of 2002.
B.
Upon a vacancy in the position of Police Chief, the
Mayor shall, within 14 days of such vacancy, appoint a suitable person
as a temporary Police Chief, without confirmation by the Council.
Such appointment shall be for a period of six months and may be extended
from month to month thereafter not to exceed six such extensions,
until the position of Police Chief is filled as set forth herein.
C.
Upon a vacancy in the position of Police Chief, the
Mayor shall, within 14 days of such vacancy, appoint a Police Chief
Search Committee which shall consist of no less than seven members
and no more than 11 members, and in any event shall be an odd number,
and shall include the following: the Human Resource Director; the
President of the City Council or his or her designee who shall be
a City Councilor; the Chair of the Public Safety Committee; the President
of the Patrolmen's and Patrolwomen's Union; a police officer who has
attained the rank of Sergeant or above and who is currently employed
in police work or related teaching and who is not employed by the
City of Fitchburg Police Department; and, a resident of the City who
is not a municipal employee of the City as that term is defined by
MGL c. 268A, § 1(g).
[Amended 6-3-2014 by Ord.
No. 100-2014]
D.
Said Police Chief Search Committee shall meet regularly,
but not less than once a month, and shall solicit and review applications,
interview qualified applicants and make recommendations to the Mayor
concerning the appointment of a Police Chief
[Amended 9-19-1996 by Ord. No. 411-96; 5-7-2002 by Ord. No. 64-02]
A.
Compensation for the Chief of Police shall be determined
by the Mayor and approved by the City Council.
B.
The regular compensation of the Police Captains shall
be fixed by the City Council, with approval of the Mayor, in accordance
with the provisions of this section, the provisions of the Civil Service
Act and other applicable Massachusetts General Laws.
C.
Notwithstanding any General Law or City ordinance
to the contrary, the permanent full-time Police Captains of the Fitchburg
Police Department shall receive an annual base rate of compensation
which shall not be less than a ration of 1.6 of the highest annual
rate of compensation of a permanent full-time Fitchburg police officer.
D.
Further, such Police Captains shall receive such benefits
and additional compensation at a level and rate of not less than the
highest annual level and rate of benefits and additional compensation
of a permanent full-time police officer in the Fitchburg Police Department
and as further provided for by General Law and City ordinance.
E.
Whereas
it is the intent of the Council to establish a consistent rate of
compensation among ranks in the Police Department; and whereas the
present rate of compensation for the Captain salary is 20% greater
than the rate of a Lieutenant salary as compared to the fifteen-percent
compensation difference between patrolman or patrolwoman to sergeant
and sergeant to Lieutenant; now, therefore, the rate of the Deputy
Chief shall be 10% greater than the present Captain salary. If and
when the present Captain either retires or promotes the salary for
a captain shall be reduced to 15% greater than the present Lieutenant
salary. As a result, the established rate of compensation for Deputy
Chief shall then equal 15% greater than the new Captain.
[Added 4-20-2010 by Ord. No. 025-10; amended 6-3-2014 by Ord. No. 100-2014]
The Chief of Police shall not engage in any
other business or occupation.
[Amended 4-20-2010 by Ord. No. 025-10; 6-3-2014 by Ord. No. 100-2014]
A.
The Chief of Police shall have the entire control
of the Police Department and officers and members, whether regular
or reserve, and all constables and officers engaged in its service,
and may, subject to the approval of the Council and Mayor, establish
rules and regulations for its government and discipline. He or she
shall assign members of the police force, either regular or reserve,
to do such duties as he or she shall determine. The Mayor as appointing
authority under the Civil Service Act may, subject to the provisions
of MGL c. 31, appoint a Deputy Chief whose job duties and authority
shall be as assigned by the Chief of Police and as established by
the Human Resources Division of the Commonwealth of Massachusetts.
B.
He or she shall devote his or her time to the maintenance
and preservation of peace, order and cleanliness of the city. He or
she shall aid in the enforcement of all general and special laws relating
to the city and the ordinances thereof and shall enforce all orders
of the Mayor and Council relating to the business and duties pertaining
to the Police Department. He or she shall take notice of all nuisances
in streets and public places in the city and remove the same or take
action in relation thereto.
C.
He or she shall have, under the direction of the Committee
of Public Safety, general charge of all rooms and buildings belonging
to the Police Department and shall make his or her quarters at the
central police station. He or she shall require the officers to report
to the officer in charge at their respective stations as frequently
as he or she may designate, but at least once in each day that they
are on duty, and shall then communicate to them such orders and instructions
as he or she may deem proper.
D.
He or she shall, insofar as possible, assign regular
members to their preferences for reliefs of duty on the basis of seniority
of service, to be computed in accordance with MGL c. 31, § 15D.[1] All preferences must be written, signed and submitted
to the Chief of Police by December 20 of each year and shall be in
effect only for the following year.
[1]
Editor's Note: See now MGL c. 31, § 33.
[Amended 3-20-1979 by Ord. No. 125-79; 6-3-2014 by Ord. No.
100-2014]
The Chief of Police, at the request of the City
Solicitor, with the approval of the City Council, shall designate
an officer of the Police Department to assist the City Solicitor in
obtaining evidence, summoning witnesses and such other service as
may be necessary in the preparation for trial of cases in which the
city is interested or in claims against the city for damages by reason
of injuries to person or property. Such services shall be rendered
without additional compensation. When a police officer is required
for investigative purposes, said officer shall conduct the investigation
in conjunction with his or her ordinary duties as a police officer.
[Amended 6-3-2014 by Ord.
No. 100-2014]
The Chief of Police shall keep a record of the
duties performed by each member of the Police Department. He or she
shall note all absences from duty and the causes of the same.
The Chief of Police shall, on or before the
end of each month, present all bills to the Committee on Public Safety
for its approval.
[Amended 6-3-2014 by Ord.
No. 100-2014]
In case of sickness, absence or other disability
of a Captain, Lieutenant or Sergeant, the Chief of Police may assign
a patrolman or patrolwoman to perform his or her duties. In case of
sickness, absence or other disability of a patrolman or patrolwoman,
the Chief of Police may assign a reserve police officer to perform
his or her duties.
[Amended 6-3-2014 by Ord.
No. 100-2014]
The Chief of Police shall, as often as need
be, recommend to the Mayor all needful special police officers, reserve
officers, regular patrolman or patrolwomen and ranking officers for
appointment according to the provisions of law.
[Added 9-7-1993 by Ord. No. 262-93]
A.
The Mayor may, at the recommendation of the Chief
of Police, and subject to confirmation by the City Council, appoint
such number of civilian police dispatchers as required by the Chief
of Police.
B.
All civilian police dispatchers will be members of
the Police Department, subject to the authority of the Mayor and the
Chief of Police, or the designee of the Chief of Police. No civilian
police dispatcher shall exercise police power or authority. They shall
be under the direction and control of the Chief of Police and be subject
to all rules, regulations, policies, procedures, orders or directions
prescribed by the Chief of Police. They shall receive such compensation
as the City Council shall, from time to time, determine.
[Added 9-8-2022 by Ord. No. 223-2022]
The Chief of Police may appoint, subject to the approval of
the Mayor and the City Council, such number of civilian traffic control
specialists as required by the Chief of Police. All civilian traffic
control specialists are subject to the authority of the Mayor and
the Chief of Police or the designee of the Chief of Police. No civilian
traffic control specialist shows exercise police powers or authority.[1] They shall be under the direction and control of the Chief
Police and subject to all rules, regulations, policies, and procedures
as prescribed by the Chief of Police. Specifically, civilian traffic
control specialist shall be guided by the Fitchburg Police General
Orders as related to paid details and civilian traffic control.
[1]
Editor's Note: So in original.
