[HISTORY: Adopted by the Village Board of the Village of Benton as Title 5, Ch. 1, of the Benton Code of Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Emergency management — See Ch. 40.
Fire Department — See Ch. 53.
The Village of Benton Police Department shall provide police protection to the citizens of the Village of Benton as the Village Board deems necessary, which may or may not include a Chief of Police/Officer in Charge and police officers. Any reference made in the Village of Benton Ordinances, Village and Police Department Policies and Procedures Manuals to either a Chief of Police/Officer in Charge/police officer(s) and all that may affect those officials, is pertinent only if the Benton Village Board of Trustees has chosen a hired Chief of Police/Officer in Charge and police officers to provide the police protection to the Village.
A. 
Monthly reports. The Chief of Police/Officer in Charge shall give a monthly general report to the Village Board 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 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 reports filed.
Every member of the Police Department shall:
A. 
Familiarize himself or herself with the ordinances of the Village and the Wisconsin Statutes and attend to the enforcement of such ordinances by all lawful means;
B. 
Help prevent crimes, misdemeanors and violations of Village ordinances and protect the health, safety, public peace and order of the Village and its inhabitants;
C. 
Report all street and sidewalk obstructions, unlighted street lamps, 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 Village;
E. 
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;
F. 
Perform such other lawful duties as ordered by the Chief of Police/Officer in Charge, Village Board or Police Committee in the absence of the Police Chief/Officer in Charge, or his or her authorized representative.
A. 
Duties. In addition to the duties imposed upon him or her elsewhere in this Code of Ordinances, the Chief of Police/Officer in Charge shall:
(1) 
Have command of the Police Department on administrative matters, subject to the direction of the Village Board;
(2) 
Cause to be maintained accurate records of complaints, crimes, traffic accidents, ordinance violations, arrests, summons, 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 or she shall submit or cause to be submitted to the various agencies such reports and summaries as are required by state statutes or ordinances and may participate in voluntary programs designed to improve law enforcement and public safety;
(3) 
Submit such reports and comply with such administrative procedures as may be prescribed by the Village Board relative to fiscal and administrative matters;
(4) 
Submit such reports and/or information and comply with such policies as may be prescribed by the Village Board;
(5) 
Have control of the assignment, hours of duty, and transfer of all members of the Department;
(6) 
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 Village as are within its jurisdiction. He or she shall supervise the preparation and presentation of annual reports and budgets for the Police Department. He or she shall be required to certify to the correctness of all bills incurred by the Department;
(7) 
Strive to maintain suitable, productive relationships with other Village departments and with other governmental agencies and private organizations concerned with law enforcement, crime prevention, administration of justice and public safety. He or she shall cooperate and exchange information with other Village departments in matters relating to their various functions;
(8) 
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 crime and other offenses most hazardous to life and property.
B. 
Custody of Department equipment. The Chief of Police/Officer in Charge shall be the custodian of all Village 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.
A. 
The Chief of Police/Officer in Charge shall draft and promulgate rules of conduct, directives and policies and procedures and prescribe such duties for individual members as he or she may deem necessary for the effective and efficient command and operation of the Department, provided no such rules of conduct, directive or policy procedure duties or assignment shall be in conflict with the statutes, ordinances and approved Village personnel rules and regulations.
B. 
Law enforcement policies shall be submitted to the Police Committee for its approval within 30 days of original promulgation by the Chief of Police/Officer in Charge.
C. 
Police Department policies concerning administrative/personnel topics shall only become effective after Village Board approval; temporary policies are exempt from this requirement.
The Chief of Police/Officer in Charge shall:
A. 
Cause to be maintained adequate personnel records of employment, assignment, promotions, attendance, performance and training for all members of the Department; personnel records shall be kept in the office of the Village Clerk-Treasurer;
B. 
Comply with all provisions of the Law Enforcement Standards Board in regard to background investigations;
C. 
Keep himself or herself adequately informed of the activities of the Department and be assured that the duties of his or her subordinates are properly discharged;
D. 
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, rules of the Department and the jurisdiction of the Village Board.
The Chief of Police/Officer in Charge is responsible for the training of all members of the Department. He or she 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 or she will insure 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 or she shall encourage Department members to further their education in law enforcement through study, special courses, college attendance, extension programs, and independent readings.
All persons in the Village, when called upon by any police officer or peace officer, shall promptly aid and assist him or her in the execution of his or her duties and whoever shall neglect or refuse to give such aid or assistance shall be subject to the general penalty as provided in § 1-3 of the Code of the Village of Benton.
A. 
Pursuant to § 62.13(6m), Wis. Stats., the Village may not suspend, reduce, suspend and reduce or remove any Police Chief/Officer in Charge or other law enforcement officer who is not probationary unless the Village 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 Village may do either of the following:
(1) 
Establish a committee of not less than three members, none of whom may be an elected or appointed official of the Village or be employed by the Village. The Village 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 Village shall reimburse the state for the state's costs under this subsection.
B. 
The provisions of this section, required by § 61.65(1)(am), Wis. Stats., first applies 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.