[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 5,
Ch. 1, of the 1993 Code. Amendments noted where applicable.]
The Marion Police Department shall consist of a Chief of Police
and such other officers, assistants, and patrolmen as from time to
time may be appointed by the Mayor pursuant to the provisions of the
Wisconsin Statutes.
A.
Monthly reports. The Chief of Police shall submit a monthly general
report to the Common Council of all activities 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 City, 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.
Every member of the Police Department shall:
A.
Familiarize himself with the ordinances of the City and the statutes
and attend to the enforcement of such ordinances by all lawful means.
B.
Help prevent crimes, misdemeanors and violations of City ordinances
and protect the health, safety, public peace and order of the City
and its inhabitants.
C.
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.
D.
Maintain order at the scene of a fire or any other fire response
within the City.
E.
See that the necessary permits and licenses issued by the state or
City are in the possession of or properly displayed by any person
engaged in an activity or business within the City for which such
permit or license is required and that the terms of such permits or
licenses are complied with.
F.
Perform such other lawful duties as ordered by the Chief of Police
or his authorized representative.
A.
Duties. In addition to the duties imposed upon him elsewhere in this
Code, the Chief of Police shall:
(1)
Have command of the Police Department on administrative matters,
subject to the general direction of the Mayor and Common Council,
pursuant to the Wisconsin Statutes.
(2)
Cause to be maintained accurate records of complaints, crimes, traffic
accidents, ordinance violations, arrests, summonses, incidents, and
calls for police service and shall provide a system of periodic summary
and analysis to ensure the most efficient and effective deployment
and use of the Department's resources. He shall submit or cause
to be submitted to the various agencies such reports and summaries
as are required by state statutes or ordinances and shall participate
in voluntary programs designed to improve law enforcement and public
safety.
(3)
Submit such reports and/or information and comply with such policies
as may be prescribed by the Common Council.
(4)
Have exclusive control of the assignment, hours of duty, and transfer
of all members of the Department.
(5)
Plan, organize, staff, direct, and control all of the human and material
resources of the Department for the most effective and efficient discharge
of its duty to protect persons and property, preserve the peace, protect
the rights of citizens and enforce the Wisconsin Statutes and the
ordinances of the City as are within its jurisdiction. He shall supervise
the preparation and presentation of annual reports and budgets for
the Police Department. He shall be required to certify to the correctness
of all bills incurred by the Department.
(6)
Strive to maintain suitable, productive relationships with other
City departments and with other governmental agencies and private
organizations concerned with law enforcement, crime prevention, administration
of justice and public safety. He shall cooperate and exchange information
with other City departments in matters relating to their various functions.
(7)
Plan and execute programs designed to prevent and repress crime,
apprehend and prosecute offenders, recover property, and regulate
noncriminal conduct, giving highest priority in the allocation of
resources to crimes and other offenses most hazardous to life and
property.
B.
Custody of Department equipment. The Chief of Police shall be the
custodian of all City property, equipment and supplies under the control
of, or used by, the Police Department and shall be responsible for
the care, maintenance, safeguarding and accurate records of such property,
equipment, and supplies.
C.
Custody of lost or abandoned property. The Chief of Police shall
be the custodian of all such property and shall be responsible for
the safekeeping, lawful disposition and accurate record of the same.
He shall see that all property is returned to its lawful owner or
otherwise disposed of according to the applicable statutes.[2]
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.
A.
Pursuant to § 62.13(6m), Wis. Stats., the City may not
suspend, reduce, or suspend and reduce or remove any police chief
or other law enforcement officer who is not probationary unless the
City follows the procedure under § 62.13(5), Wis. Stats.
To act under this subsection in place of the Board of Police and Fire
Commissioners under § 62.13(1) through (6), Wis. Stats.,
the City may do either of the following:
(1)
Establish a committee of not fewer than three members, none of whom
may be an elected or appointed official of the City or be employed
by the City. The City shall pay each member for the member's
cost of serving on the committee.
(2)
Send a written request for a hearing examiner to the Division of
Hearings and Appeals under § 15.103(1), Wis. Stats. The
City shall reimburse the state for the state's costs under this
subsection.
B.
The provisions of the section first apply to law enforcement officers
when such officers are subject to a collective bargaining agreement
which is in conflict with the statutory requirements but which is
still in effect on April 9, 1986, only after the expiration date of
such agreement.
All persons in the City, 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 § 1-4 of this Code.
[Added 8-10-2009 by Ord. No. 2009-01]
No person shall knowingly resist, obstruct or interfere with any police dog while the dog is on duty in pursuit of its police duties. Any police dog shall be exempt from the provisions of Chapter 251, Animals, of this Code and other City ordinances, including quarantine periods after a bite, while on duty.
