[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.]
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.
