There is hereby established a Police Department of the Village,
as a principal department of the Village, for the protection of lives
and property within the limits of the Village, the enforcement of
federal and state statutes, Village ordinances and related police
functions.
(A)
The following sworn positions within the Police Department shall be exempt from the authority of the Board of Fire and Police Commissioners as set forth in Article 2 of Chapter 3 of this Code: Police Chief; Deputy Police Chief; and Lieutenant.
(B)
Appointments to the exempt positions within the Police Department
shall be made as follows:
(1)
The Police Chief shall be appointed by the Village Manager in accordance with Section 4-1-2 of this Code, and may be removed or discharged by the Village Manager pursuant to the procedures set forth in the Illinois Municipal Code.
[Amended 9-5-2017 by Ord.
No. 2017-3297; 8-20-2019 by Ord. No. 2019-3417]
(2)
All Deputy Police Chiefs and Lieutenants shall be appointed
by, and shall serve at the pleasure of, the Police Chief.
(C)
All nonexempt appointments to the Police Department and promotions within the Department, other than appointments and promotions to an exempt position, shall be made and effected by the Board of Fire and Police Commissioners pursuant to Article 2 of Chapter 3 of this Code. Each applicant seeking an original appointment to a nonexempt position within the Police Department shall pay a fee to the Village, in the amount set forth in the Annual Fee Resolution,[1] to offset the cost of the materials required for and the
processing of said application by the Board of Fire and Police Commissioners.
The fee shall be payable at the time the completed application is
submitted to the Village.
Applicants for original appointment to sworn positions within
the Police Department of the Village shall be citizens of the United
States.
The Chief of the Police Department shall be the officer in charge
of the Police Department and shall be appointed by the Village Manager.
He or she shall serve an indefinite term or until his or her successor
is appointed and qualified.
The Police Chief shall be responsible for the performance of
the Police Department and all of its functions, and all persons who
are members of the Department shall serve subject to the orders of
the Police Chief. He or she shall perform those duties prescribed
by the rules and regulations governing the Police Department, as approved
by the Village Manager, shall serve as a member of the Village management
team, and shall in addition perform the following duties:
(A)
Be the keeper of the Village jail, and have custody of all persons
incarcerated therein.
(B)
Keep such books and records and make such reports concerning the
activities of his or her Department as may be required by statute
or by the Village Manager.
(C)
Provide for the custody, care and control of the public property
of the Department of Police, including all vehicles, firearms and
other equipment of the Department.
(D)
Preserve the peace, order and safety of the Village.
(E)
Execute and enforce the state and federal laws, all Village ordinances,
police regulations and orders of the Board of Trustees and the Village
Manager.
(F)
Protect the rights of persons and property within the Village.
(G)
Aid the Fire Department by dispatching alarms in case of fire and
in clearing the streets or grounds in the immediate vicinity of all
fires so that the members of the Fire Department shall not be hindered
or obstructed in the performance of their duties.
(H)
Study police problems in matters of public welfare and administration
as related to crime and law enforcement and make recommendations thereon
to the Board of Trustees.
(I)
Investigate, study and recommend to the Board of Trustees, upon such
request, traffic regulations, routing and changes therein for improvements
of traffic and safety conditions within the Village.
(J)
Appoint the Deputy Police Chiefs and Lieutenants, and provide for
their respective duties.
(K)
Perform those duties and responsibilities set forth in this Code,
by applicable law, or as may be directed by the Village Manager.
It shall be the duty of all members of the Police Department
to see to the enforcement of all the ordinances of the Village and
all statutes applicable therein and to preserve order and prevent
infractions of the law and arrest violators thereof. Each member shall
obey the orders and directions of his or her superior officers and
shall perform the duties as prescribed by the rules and regulations
governing the Police Department.
Every 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 witness in any action or suit to which
the Village is a party; any fees paid for such services shall be submitted
to the Police Chief, who shall deposit the same with the Village Treasurer.
All abandoned or unclaimed property which has come into the
possession of the Police Department and the identity or location of
the owner or other person entitled to possession of the property has
not been ascertained within six months after the Police Department
obtains such possession, may be sold by the Police Department for
cash to the highest bidder at public auction.
The proceeds of the sale of any abandoned or unclaimed property,
less reimbursement to the Police Department of the reasonable expenses
incurred, shall be paid to the Village.
The owner or other person entitled to possession of such property
may claim and recover possession of the property at any time before
its sale, upon providing reasonable and satisfactory proof of ownership
or right to possession and reimbursing the Police Department for all
reasonable expenses incurred with the custody thereof.
Upon receipt of an order entered by a court of competent jurisdiction
that requires the expungement or sealing of certain Police Department
records, the Chief of Police shall cause those records specified in
the court order to be expunged or sealed, as the case may be, upon
payment of an administrative records retrieval fee in the amount set
forth in the Annual Fee Resolution;[1] provided, however, that the Chief of Police shall have
the right, but not the obligation, and in his or her sole and absolute
discretion, to waive the administrative fee in whole or in part upon
a showing of economic hardship by the party requesting the expungement
or sealing of the records.
