The Chief of Police, if such position is established
and filled, shall be the head of the police force. The Chief shall
be directly responsible to the Mayor and Council for the efficiency
and routine day to day operations thereof, and the Chief shall, pursuant
to policies established by the Mayor and Council:
A.
Administer and enforce rules and regulations and special
emergency directives for the disposition and discipline of the force,
the officers and personnel.
B.
Have, exercise and discharge the functions, powers
and duties of the force.
C.
Prescribe the duties and assignments of all subordinates
and other personnel.
D.
Delegate so much of the Chief's authority as deemed
necessary for the efficient operation of the force to be exercised
under his direction and supervision.
E.
Report at least monthly to the Mayor and Council Authority
in such form as shall be prescribed by such authority on the operation
of the force during the preceding month and make such other reports
as may be requested by the Mayor and Council, the Police commission
and the Borough Administrator.
[Amended 12-13-2005 by Ord. No. 2005-28]
[Added 12-26-2006 by Ord. No. 2006-25]
When the position of Police Chief is vacant,
the Borough Administrator shall assume supervision and control of
the Police Department. The Borough Administrator shall have and exercise
the following authority and shall perform the following duties:
A.
The Borough Administrator shall, subject to the terms
and provisions of this chapter, generally supervise, manage, and direct
the Police Department and its law enforcement and civilian personnel.
B.
The Borough Administrator shall, in the exercise of
the authority vested in him, revise such departmental rules and regulations
and issue and/or revise such departmental orders and operations procedures
as may be necessary to provide for the proper operation, administration
and management of the Police Department.
C.
The Borough Administrator shall provide for the assignment
of law enforcement functions to the command and other sworn officers
of the Police Department as is necessary to provide for the general
safety of the Borough at all times, including times of public emergency.
D.
The Borough Administrator shall, as he may deem advisable
from time to time, direct any specific police duty or duties to be
performed by members of the Police Department, and any special police
officers assigned thereto.
E.
The Administrator shall establish rules and/or operations
procedures providing for the imposition of discipline not requiring
a departmental hearing, and he may delegate to subordinate superior
officers the authority to impose minor discipline when the right to
a hearing is waived; provided, however, that the record of the underlying
charges, and the proposed discipline, shall be submitted to the Administrator
for review and, if the disciplinary penalty is either a written reprimand
or a suspension of five days or less, that said penalty shall be submitted
to the Administrator for approval. This section shall not be construed
to apply to matters of immediate suspension, whereby superior officers
exercise their right to relieve subordinate officers of their duties
pending further departmental review.
F.
In exercising any and all of the above duties and
responsibilities, he shall submit a report regularly each month to
the Mayor and Council and to the Police Commissioner.
G.
The Borough Administrator shall assume such authorities
regularly exercised by the Police Chief, except that of law enforcement
authority which may only be performed by sworn police officers.
H.
The Borough Administrator shall:
(1)
Exercise disciplinary authority over all members
of the Department in accordance with existing Borough policy and collective
bargaining agreements.
(2)
Hear all disciplinary matters as required by
the rules of the Police Department and/or the Department of Personnel,
or he may delegate the hearing function to such other departmental
officers or to such persons as he may deem appropriate.
(3)
Be authorized to impose discipline in all matters
for which a hearing is prescribed, except that recommendations of
demotion or dismissal shall be presented to the Mayor and Council
for a final determination.
I.
The Borough Administrator shall from time to time
meet with command officers of the Department to review the current
status of departmental operations and to provide for departmental
cooperation and communications with other law enforcement and public
safety agencies.
