Village of Kimberly, WI Chapter 113 Police Department

[HISTORY: Adopted by the Village Board of the Village of Kimberly 10-3-1988 as Title 5, Ch. 1, and Sec. 2-3-5 of the 1988 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Kimberly-Little Chute Police Commission — See § 14-10.

§ 113-1 Organization of Police Department.

A. Composition. The police force shall consist of:

(1) A Chief of Police.

(2) An Assistant Chief of Police, appointed at the discretion of the Chief of Police and with the approval of the Police Commission.

(3) A Sergeant of Police, appointed at the discretion of the Chief of Police.

(4) Police officers, the number to be determined by the Village Board, with vacancies filled by the Police Commission as they arise.

B. Appointments and removal. The appointment and term for all sworn police officers shall be in accordance with § 62.13, Wis. Stats., and with applicable Village ordinances and personnel policies.

C. Absence or disability of the Chief. In the absence of the Chief, the Assistant Chief of Police or, in the case of the absence of both the Chief and Assistant, the Sergeant of Police shall take charge. This appointment of Assistant Chief to Acting Chief shall in no way bind or commit the Police Commission to appoint that person to the permanent position of Chief of Police.

§ 113-2 Records and reports.

A. Monthly reports. The Chief of Police shall submit a monthly report to the Village Board of all activities and transactions of the department during the preceding month.

B. Police records. There shall be kept by the Department a suitable record in which shall be entered the name of every person arrested in the Village, the name of the person making the arrest, the date and cause of the arrest, the Court from which the warrant was issued, the disposition made of the case, the amount of fine and costs paid and to whom paid, bond posted, and all complaints in full.

§ 113-3 General powers of police officers.

The Chief of Police and all police officers of the Village shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law on Village marshals and constables. Every member of the Police Department shall have full power and authority, and it shall be his duty to:

A. Arrest with or without process all persons in the Village found in or engaged in any disturbance of the peace or violating any law or ordinance of the state or Village or aiding or abetting in such violation and take such persons in charge and confine them and, within a reasonable time, bring them before the court of jurisdiction, county or municipal, to be dealt with according to law.

B. Familiarize himself with the ordinances of the Village and the statutes and attend to the enforcement of such ordinances by all lawful means.

C. Help prevent crimes, misdemeanors and violations of Village ordinances and protect the health, safety, public peace and order of the Village and its inhabitants.

D. Report all street and sidewalk obstructions, unlighted streetlamps, unlawful street signs or signals, and defective or dangerous streets and sidewalks to the appropriate person or organization responsible for their repair or service.

E. Maintain order at the scene of a fire or any other fire response within the Village.

F. See that the necessary permits and licenses issued by the state or Village are in the possession of or properly displayed by any person engaged in an activity or business within the Village for which such permit or license is required and that the terms of such permits or licenses are complied with.

G. Perform such other lawful duties as ordered by the Chief of Police or his authorized representative.

§ 113-4 Chief of Police.

A. Appointment.

(1) The Chief of Police shall be appointed by the Police Commission and shall hold office during good behavior, subject to suspension or removal by the Commission for cause.

(2) The Chief of Police shall receive compensation and benefits for his/her services during the course of his/her employment as determined by the village boards.

(3) The Chief of Police shall be entitled to the power and authority and subject to the provisions and responsibility prescribed by § 62.13, Wis. Stats., and this Code.

B. Powers and duties. The Chief of Police shall:

(1) Be the commanding officer of the Joint Police Department responsible for preservation of the public peace and enforcement of law and order in the Villages of Kimberly and Little Chute.

(2) Possess the powers and enjoy the privileges of a "peace officer" and "law enforcement officer" and be subject to the liabilities conferred and imposed as prescribed by §§ 939.22 and 967.02(5), Wis. Stats., and this Code.

(3) Be responsible for the day-to-day operational management of the Joint Police Department in the discharge and performance of his/her duties and responsibilities contained in state law and this Code in accordance with the job description for the position as adopted and under the direction of the Village Boards.

(4) Be responsible for the efficient management of the police operation, which administrative functions shall include planning, organizing, assembling resources, directing and controlling available resources in the interest of public safety.

(5) Be responsible, in accordance with the Village Boards and Police Commission, for certain administrative functions, including research and planning, development of policy and procedure, personnel management, and development and budget control.

(6) Have authority to authorize expenditures within the Village Board-approved department budgetary account.

(7) Serve as coordinator and liaison agent between the Joint Police Department, Police Commission, Village Presidents, Village Boards, as well as the media and general public with respect to matters of public safety.

C. The Chief of Police shall also have the following duties:

(1) He shall keep in his office a record of all arrests made by members of the Department, traffic tickets issued, the dates, hours and places thereof, names of persons arrested, arresting officers, offense charged, action taken and results.

(2) He shall submit a written annual report to the Village Board and Police Commission of all activities and transactions during the preceding year.

(3) It shall be the duty of the Chief of Police to cause the public peace to be preserved and to see that all the laws and ordinances of the Village and state are enforced, and whenever any violation shall come to his knowledge, he or any other police officer shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders.

(4) The Chief of Police shall have the power to create subordinate departments and department heads within the powers conferred upon him by § 62.13, Wis. Stats., and shall further have the power to designate the subordinates to occupy said departments or department heads, subject to the approval of the Police Commission according to the provisions of § 62.13, Wis. Stats.

(5) The Chief of Police shall have custody, care and control of the public property and equipment of the Police Department. He shall conduct periodic surveys of such property and equipment, arrange for the salvaging of discarded or impaired items and submit recommendations as to future needs to the Police Commission.

§ 113-5 Rules and policies.

The Chief of Police shall establish and promulgate rules of conduct, directives and policies and procedures and prescribe such duties for individual members as he may deem necessary for the effective and efficient command and operation of the Department, provided that no such rules of conduct, directive, policy, procedure, duties or assignment shall be in conflict with the statutes, ordinances and approved Village personnel rules and regulations.

§ 113-6 Personnel records and performance evaluations.

A. Personnel records. The Chief of Police shall cause to be maintained adequate personnel records of employment, assignment, promotions, attendance, performance and training for all members of the Department. He shall also comply with all provisions of the Law Enforcement Standards Board in regard to background investigations. He shall keep himself adequately informed of the activities of the Department and be assured that the duties of his subordinates are properly discharged. He shall formulate procedures for recognizing outstanding performance by Department members, for investigating complaints of misconduct by any Department member and for taking appropriate disciplinary action subject to the provisions of the applicable statutes and rules of the Department.

B. Misconduct of chief or subordinates. A finding by the Police Commission of a violation of any of the provisions of this chapter or policies of the Department by the Chief of Police or any member of his Department may be deemed cause for removal from office.

§ 113-7 Responsibility for training.

The Chief of Police is responsible for the training of all members of the Department. He shall cause adequate and progressive programs of training to be organized and conducted to prepare Department members in the knowledge, procedures, and techniques of their duties and responsibilities. He will ensure that, within budgetary limitations, members of the Department attend training courses, seminars and conferences necessary to maintain and improve their job skills and professional knowledge. He shall encourage Department members to further their education in law enforcement through study, special courses, college attendance, extension programs, and independent readings.

§ 113-8 Civilians to assist.

All persons in the Village, when called upon by any police officer or peace officer, shall promptly aid and assist him in the execution of his duties, and whoever shall neglect or refuse to give such aid or assistance shall be subject to the general penalty as provided in Chapter 1, Article I, of this Code.