Cross references — Annual inventory of$TKSLLDIR/images/XX0000/property to be submitted to Mayor and auditor, § 2-2; annual reports by boards and officers to Mayor, § 2-9; turn over and accounting for funds, § 2-88; books and records to correspond to fiscal year, § 2-89; alarm systems, § 10-5.
State law references — Police generally,
M.G.L.A. c. 41, § 96 et seq.; police protection authorized,
M.G.L.A. c. 33, App. 3, 13-11(a).
[Gen. Ords. 1962, § 2-8]
There is hereby established a principal department to be known
as the Police Department.
[Gen. Ords. 1962, § 14-1; Ord. No. 23592-A, 4-22-1974; Ord. No. 23723, 9-9-1974; Ord.
No. 30733, 8-6-2007]
(a)
The Police Department shall consist of the following:
(1)
One police officer who shall hold the office of Chief of Police;
(2)
One police officer who shall hold the office of Deputy Chief of Police;
(3)
Four police officers who shall hold the office of captain;
(4)
Ten police officers who shall hold the office of lieutenant;
(5)
Sixteen police officers who shall hold the office of sergeant;
(6)
One hundred eight police officers who shall hold the position of
patrolmen;
(7)
Twenty police officers who shall hold the position of reserve police
officer.
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The foregoing officers shall rank in the order as named.
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(b)
In addition to the police officers hereinbefore named, the department
shall also consist of as many police officers as the Chief of Police,
with the approval of the Mayor, shall from time to time appoint and
who shall be called special police officers and who shall hold office
during the municipal year in which they are appointed.
[Gen. Ords. 1962, § 2-9; Ord. No. 28853, 8-2-1999]
(a)
There is hereby established the office of Chief of Police; the Chief
of Police shall be selected from within the active ranks of Deputy
Chief and Captain of the Police Department who meet the qualifications.
The minimum qualifications shall be a bachelor's degree and 15
years' experience, no less than five of which must be in a progressively
responsible management position. In the absence of four qualified
candidates from the above ranks, the Mayor may include in the selection
process any qualified Lieutenant.
(b)
Notwithstanding the provisions in Section 14-3(a), the Mayor may, because of an insufficient number of candidates as specified above, or for just cause, request approval from the City Council to consider for selection additional qualified candidates. Such approval shall require a two-thirds vote of the City Council.
(d)
The person holding the office of Chief of Police shall have life
tenure of the respective office during good behavior or until such
person is removed by the Mayor for just cause, resigns, or is retired
under applicable provisions of law.
(e)
This provision shall not impact the civil service status of any other
member of the Police Department.
(f)
The person who is appointed to the position of Chief of Police from
his position as a Waltham Police ranking officer shall be entitled
to retain certain civil service rights as follows: In the event that
such person resigns from the position of Chief of Police, he shall
be entitled to an appointment to his previous rank in said Police
Department; provided, however, that any conduct of such person that
occurred while serving as Chief of Police that led to his resignation
shall become part of his record in his previous rank and shall render
him subject to any civil service disciplinary proceeding upon his
reappointment to his previous rank. Upon such reappointment, he shall
reobtain whatever civil service rights and status he had as of the
date he was appointed to the position of Chief of Police.
(g)
This section shall take effect upon passage of the Massachusetts
enabling act but not earlier than February 1, 2000.
[Gen. Ords. 1962, § 14-2]
The persons holding offices as provided in Section 14-2 of this Code shall continue to be police officers and to hold their respective offices during good behavior, or until removed, as provided by law, and whenever a vacancy occurs in such offices, the same shall be filled by appointment by the Chief of Police with the approval of the Mayor, and the person so appointed shall hold office for the time as provided for above.
[Gen. Ords. 1962, § 14-3]
The Chief of Police and all other officers and members of the
department shall have all the powers of peace officers under general
laws, except the power of serving and executing civil process.
[Gen. Ords. 1962, § 14-7]
The Chief of Police shall be the chief executive officer of
the Police Department and shall be responsible for its discipline
and efficiency. He shall, under the direction of the Mayor and subject
to his orders, have the entire control of the department, its officers
and members, and may make rules and regulations for their government.
He shall have the care of the police station; shall have the care
and custody of all property of the City used by the department and
shall keep a record of all its business.
Cross reference — Parades, § 17-66 et seq.
[Gen. Ords. 1962, § 14-9]
The Chief of Police shall establish a detective bureau of the
Police Department, and assign such officers to this division as he
deems necessary, with the approval of the Mayor.
[Gen. Ords. 1962, § 14-10]
All patrolmen in the Police Department shall faithfully execute
and obey all orders of the Chief of Police, and of the officer who,
in his absence, shall be charged with his duties.
[Gen. Ords. 1962, § 14-11]
The regular, reserve and special police officers, and special
police officers who are part of the department, shall perform such
duties and at such times and places as shall be from time to time
assigned them by the Chief of Police; provided, that no officer shall
be required to work more than five out of six days, except in case
of special emergency. Reserve and special officers while employed
shall be subject to all rules and laws prescribed for the department
and shall receive such compensation as the council shall, from time
to time, determine.
[Gen. Ords. 1962, §§ 14-13—14-15; Ord. No. 23022, 9-13-1971; Ord. No. 23363, 12-26-1972]
(a)
There are hereby established the positions of school traffic supervisor.
(b)
There shall be no more than 47 school traffic supervisors; such persons
shall be citizens and residents of the City and to be appointed by
the Chief of Police subject to approval of the Mayor.
(c)
There shall also be as many additional persons as the Chief of Police,
with the approval of the Mayor, shall from time to time appoint, who
shall be known as school traffic supervisor reserves. In case of sickness,
absence, or other disability of a member of the regular patrol the
Chief of Police may assign a member of the reserve patrol. Reserve
members shall be compensated at such rates as shall be determined
by the Mayor and Chief of Police, but they shall only be paid for
the time actually spent on assigned duty.
(d)
School traffic supervisors shall be subject to the control and supervision
of the Chief of Police and their duties shall be assigned by him.
They shall have all the power and authority of the regular police
officers in the enforcement of Chapter 90 of the General Laws and
of all other laws and ordinances of the City relating to the operation,
standing and use of vehicles, except the power of serving and executing
civil process. They shall observe all the rules and regulations of
the Police Department not inconsistent with their authority and duties.
[Gen. Ords. 1962, §§ 14-16—14-18; Ord. No. 24323, 4-10-1978; amended 8-5-2013 by Ord. No. 31994]
(a)
There are hereby established unpaid volunteer positions to be known
as "auxiliary police officers."
(b)
Auxiliary police officers shall be at least 18 years of age and have
a working knowledge of the City and its residents, including the particular
social, economic and environmental factors which influence public
safety within the City. Auxiliary police officers shall be appointed
by the Chief of Police subject to the approval of the Mayor. Auxiliary
police officers shall not have any defined term of service but shall
serve at the discretion of the Chief of Police or until any such auxiliary
police officer resigns. Auxiliary police officer positions shall not
be considered as included under civil service nor included under any
union or collective bargaining agreement.
(c)
Auxiliary police officers shall be subject to the control and supervision
of the Chief of Police and shall perform such support functions and
duties as the Chief of Police may assign within the City. In addition,
auxiliary police officers may perform service/security checks on public
property, crowd control, pedestrian assistance, and vehicular traffic
direction and control duties within the City, when so assigned by
the Chief of Police.
(d)
Auxiliary police officers may also maintain and file records, answer
communication devices, receive complaints, enter and index official
documents, observe and report public safety concerns, prepare written
reports, prepare facts and figures for statistical purposes relative
to said activities and administrative functions.
(e)
Auxiliary police officers may be required to patrol by foot, in or
on a motor vehicle, bicycle, or other conveyance. Auxiliary police
may be directed to assist the Police Department in public safety and
community policing functions. Auxiliary police officers shall not
carry firearms and shall not have any powers of arrest other than
that of ordinary citizens while on duty. Auxiliary police officers
shall serve and provide voluntary, uncompensated assistance to the
City, the Police Department and the citizens of Waltham as outlined
above.
(f)
Auxiliary police officers shall also be subject to such rules, regulations,
policies and procedures as the Chief of Police may designate for them
from time to time. Auxiliary police officers shall not wear the same
uniform as regular or reserve police officers, and what clothing they
do wear while acting as assigned auxiliary police shall clearly identify
them, by tag, patch or other method in such clothing, as auxiliary
police officers, consistent with the provisions of the Massachusetts
Civil Defense Act. Such auxiliary police officers shall otherwise
be subject to all laws of the Commonwealth of Massachusetts.
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State law reference — Chapter 659 of the
Acts and Resolves of Massachusetts 1950.
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[Gen. Ords. 1962, § 2-81]
The Police Department is hereby authorized to go to the aid
of another City or town at the request of the City or town in the
suppression of riots or other forms of violence therein.
Cross reference — Civil defense, Ch. 5.
[1]
Editor's Note: Former § 14-13 was repealed
9-12-1983 by Ord. No. 25334. Such former section pertained to ambulance
service and derived from Ord. No. 25141, adopted 5-24-1982.
