[Ord. 462, 10/1/1980, § 1; as amended by Ord. 741,
12/30/2002, § 1]
A Police Department is hereby established in and for the Borough
of Jefferson Hills, Allegheny County, Pennsylvania.
[Ord. 462, 10/1/1980, § 2; as amended by Ord. 685,
5/11/1998; by Ord. 813, 7/12/2010, § 1; and by Ord. No. 879, 7/13/2020]
The following classification of officers is hereby established
for said Police Department:
[Ord. 462, 10/1/1980, § 3; as amended by Ord. 685,
5/11/1998; and by Ord. 813, 7/12/2010, § 2]
The Borough Manager shall, subject to the Civil Service provisions of the Borough Code, designate and appoint the individual or individuals assigned to each such office. The compensation of each classification shall be as determined by the Borough Manager from time to time. The priority of authority among the various classifications shall be in the order listed above in § 1-602.
[Ord. 462, 10/1/1980, § 4]
Nothing herein contained shall effect the authority under law
to appoint special policemen during emergencies. Such policemen shall
not be considered employees of the Borough or the Police Department
by reason of such appointment for civil service purposes.
[Ord. 462, 10/1/1980, § 5; as amended by Ord. 685,
5/11/1998; by Ord. 741, 12/30/2002, § 1; and by Ord. 813,
7/12/2010, §§ 3, 4]
The following duties are prescribed for performance by the various
classifications of officers:
A.
Chief of Police. The Chief of Police shall be the chief executive
officer of the Police Department. He shall be in charge of the police
force and have supervision over its members, in the exercise of their
powers, duties and authority. His duties shall include, but are not
limited to:
C.
Lieutenant.
[Added by Ord. No. 879, 7/13/2020[1]]
(1)
In
addition to the ability to perform the "Patrolman" and "Sergeant"
job functions, the Police Lieutenant is a supervisor and is required
to oversee, coordinate and supervise both police officers and Sergeants.
Collateral assignments related to policy development, special projects
and responsibilities are routinely assigned.
(2)
In
the absence of a filled Captain's rank, the Lieutenant is second in
command of the Police Department and acts as the Police Chief in the
Chief's absence.
D.
Sergeant. In the absence of the Chief of Police and Captain, by reason
of vacation, illness, suspension, vacancy or any other cause, it shall
be the sergeant's responsibility to perform all of the duties of the
Chief as set forth above. At all other times, he shall perform the
duties of a patrolman as hereinafter provided.
E.
Patrolman. It shall be the duty of every regular full-time patrolman
to:
(1)
Promptly and obediently observe and carry out his assigned beat or
patrol and such lawful orders as may be assigned by his superiors.
(2)
Familiarize himself with the provisions of this Part, all other Borough
Ordinances and Acts of Assembly regulating police or requiring police
attention and all rules promulgated for the regulation of the Police
Department and its members.
(3)
Report to the Chief of Police, as soon as reasonably may be done,
the commission of any homicide, rape, burglary, robbery or other felony
within the Borough of Jefferson Hills that has been brought to his
attention.
(4)
Make daily entry upon the police blotter of all information and facts
of which he may gain knowledge concerning the commission of any crime,
the occurrence of any fire, disturbance or accident or the existence
of any condition which may affect the health, safety or welfare of
the public or citizens of said Borough or adjoining communities.
(5)
Make report by police radio and take appropriate action in case of
any crime or summary violation of the law, fire, disturbance or other
matters requiring police action occurring during his assigned tour
of duty.
(6)
Attend such course of training or any training school for policemen
established and made available by the Commonwealth of Pennsylvania
or the Federal Government as may be directed by the Borough Manager.
The Borough Manager may provide for the payment by the Borough of
his expenses while in attendance at such school.
F.
Part-Time Patrolman. Part-time patrolman shall perform the duties
and have the responsibilities of patrolman during the time when said
part-time patrolman is assigned to work.
G.
(Reserved)
H.
School Guard. It shall be the duty of every school guard to:
(1)
Report on duty in approved uniform at such location as he or she
may be directed by the Chief of Police.
(2)
Familiarize himself or herself with the provisions of this Part,
all other Borough Ordinances and Acts of Assembly regulating police
or requiring police attention and all rules promulgated for the regulation
of the Police Department and its members.
(3)
Control and direct traffic at his or her assigned street crossing
and to take such action as may be commensurate with the health, safety
and welfare of the traveling public and the school children using
the public streets.
[Ord. 462, 10/1/1980, § 6; as amended by Ord. 685,
5/11/1998; by Ord. 741, 12/30/2002, § 1; and by Ord. 813,
7/12/2010, § 5]
The following regulations shall apply to every member of the
Police Department of the Borough of Jefferson Hills; a member being
construed to be any individual duly appointed by the Borough Manager
as a regular full-time police officer, a part-time patrolman, probationer,
provisional policeman and school guard, as well as special policemen
appointed under law during emergencies.
A.
Conduct. Every member, in dealing with the members of the public,
fellow officers and superiors, shall conduct and deport himself in
a courteous and attentive manner, employ civil and well spoken language
and particularly abstain from the use of profane or insolent language
and unnecessary conversation.
B.
Obedience. Every member shall diligently and promptly execute the
assigned duties of his office and all lawful orders of his immediate
superior, keeping in mind that his value and effectiveness as a police
officer bears in direct proportion to the degree of sincerity, honesty
and intelligence with which he devotes himself to their observance
and enforcement. Should any order of his immediate superior conflict
with the provisions of this Part, with any general or special order,
with any provision of any promulgated rules or regulations, or a previous
order from any other superior, the member to whom such order is given
shall respectfully call attention to such conflict of orders and if
the superior giving the last order does not change the same so as
to eliminate the conflict, his order shall be carried out and the
responsibility shall be that of the immediate superior and the member
obeying this last order shall not be held in any way responsible for
the disobedience of any rule or order previously made.
C.
Special rules and regulations shall be posted on the bulletin board
by the Chief of Police.
D.
Scheduled Duty. Every member shall report for duty at the Borough
Building, except in case of emergency, pursuant to his regular or
special assignment, in approved uniform for such assignment. Moreover,
every regular full-time police officer shall be held to be on duty
at all times and, consequently, must be prepared to act immediately
upon receipt of notice from his immediate superior that his services
are required or upon receipt of information requiring his attention.
For this reason, no regular full-time police officer of said Department
shall accept any other full-time employment; and, further provided,
shall accept no other part-time employment involving the performance
of services in uniform without the approval of Borough Manager.
E.
Badges. Every member shall when on duty wear or carry a shield or
badge with the word "police" and other pertinent wording indicating
their official authority and capacity. No member of the Department
shall assume or use any title, rank or designation of position except
as authorized by Borough Council.
F.
Every member of the Department, as such, is a public servant. Therefore,
it is improper for any member of the Department to accept gifts.
G.
Authority on Shifts. There shall be at all times one officer assigned to duty who shall have greater authority than the other members on duty at that time. Such authority to be determined by the priority of authority set forth in § 1-603 above. When members of a shift are of equal rank, and if not designated otherwise, the most senior person shall be considered to be in charge.
H.
Security. No member of the Department shall communicate any information
to any nonmember concerning any order or information of a departmental
or confidential nature unless said order or information concerns that
nonmember or is disclosed by permission or direction of his superior(s).
I.
Liaison and Loyalty. Communication within the Department shall be
effected solely through the immediate superior and no member shall
speak critically or in a derogatory manner regarding any rule or regulation,
order or bulletin of the Department. In the event that any member
feels that he has just reason to believe that any rule and regulation,
order or instruction is inconsistent, unfair or unjust, he may request
his immediate superior to bring this matter to the attention of the
next higher ranking officer.
J.
Emergency. Nothing herein contained shall derogate from the authority
conferred under law in cases of emergency provided that there shall
be a prior public declaration of a state of emergency before said
powers are exercised.
[Ord. 462, 10/1/1980, § 7; as amended by Ord. 741,
12/30/2002, § 1]
1.
Service and Execution of Process; Ex-Officio Constables. Policemen
shall have authority to serve and execute all criminal process for
the violation of Borough Ordinances which may be issued and shall
be ex-officio constables of the Borough.
2.
Enforcement of Laws and Ordinances; Arrests. The members of the Police
Department shall see to the enforcement of all of the Ordinances of
the Borough and all statutes applicable therein; they shall preserve
order and prevent infractions of the law and arrest violators thereof;
they shall and may within the Borough or upon property owned or controlled
by the Borough or by a municipal authority of the Borough, whether
such property is within or outside the limits of the Borough, without
warrant and upon view, arrest and commit for hearing any and all persons
guilty of breach of the peace, vagrancy, riotous or disorderly conduct
or drunkenness, or who may be engaged in the commission of any unlawful
act tending to imperil the personal security or endanger the property
of the citizens or other persons, or for violating any Ordinance of
the Borough of Jefferson Hills, for the violation of which a fine
or penalty is imposed, and notwithstanding any statute pertaining
to the same or similar offenses; any person so arrested shall be received
for confinement by the keepers of the jails, lockups or station houses
within the County.
3.
Appearance as Witnesses. Every member of the Police Department shall
appear as witness, if such is the case, whenever his appearance is
necessary in a prosecution for a violation of any ordinance or of
any State or Federal law, or in any other judicial proceeding.
4.
Authority to Regulate Traffic. The members of the Department shall
have the powers, authorities and duties to regulate traffic in person
or by official traffic signals on any portion of the highway where
traffic is heavy or continuous pursuant to applicable law.
5.
Any member of the Department is authorized to turn a prisoner over
to a constable or deputy constable of the Borough for transportation
to a jail or lock-up or transportation to an arraignment if authorized
and directed to do so by his superior officer.
[Ord. 462, 10/1/1980, § 8; as amended by Ord. 685,
5/11/1998]
The Borough Manager has control over various aspects of the
Police Department and its operation. The following is not a comprehensive
list of such powers.
A.
Provision for scheduling and payment of overtime work done by members
of the Department is within the control of Borough Manager. Regulations
and provisions governing overtime shall be as fixed from time to time
by motions approved by Borough Manager.
B.
Any member of the Department who, by hearing held before Borough
Manager, is found to have damaged, destroyed or lost equipment owned
by the Borough through acts of repeated negligence, gross negligence,
carelessness, abuse or intentional mishandling, may be restricted
or prohibited from having use and/or control of such Borough-owned
equipment for such period of time and under such conditions as may
be fixed by Borough Manager.
[Ord. 681, 5/11/1998, § 2; as amended by Ord. 741,
12/30/2002, § 1]
This Part shall be known as the "Borough of Jefferson Hills
Restitution of Workers Compensation Paid to Police Officers Ordinance."
[Ord. 681, 5/11/1998, § 4; as amended by Ord. 741,
12/30/2002, § 1]
This Part is adopted for the following purposes:
A.
The Act of June 18, 1976, P.L. 394, No. 86, § 1, 18 Pa.C.S.A.
§ 1106, of the Crimes Code of Pennsylvania, mandates that
offenders convicted of criminal conduct wherein victims suffer personal
injury directly resulting from the crime may be sentenced to make
restitution in addition to the punishment prescribed therefore.
B.
Restitution should be encouraged as both an aid in assisting an offender's
rehabilitation and as an aid in compensating a victim for harm directly
caused by an offender.
C.
The Act of May 3, 1995, P.L. 999, No. 12 (Spec. Session No. 1), § 1,
18 Pa.C.S.A. § 1106, of the Crimes Code of Pennsylvania,
requires that mandatory restitution shall be ordered to the victim,
the Crime Victim's Compensation Board, any other governmental agency
which has provided reimbursement to the victim as a result of the
offender's conduct and any insurance company which has provided reimbursement
to the victim as a result of the offender's criminal conduct.
D.
To aid in compensating victims for harm directly caused by an offender.
E.
To decrease the cost of workers compensation insurance in order to
minimize taxes to the residents of the Borough of Jefferson Hills.
F.
To minimize losses sustained by the Borough and its police officers
through workers compensation payments which occur as a direct result
of criminal conduct inflicted upon its police officers by criminal
offenders.
G.
To obtain restitution for losses sustained by the Borough and its
police officers as the direct result of criminal conduct resulting
in personal injury to police officers in the performance of their
official duties.
[Ord. 681, 5/11/1998, § 5]
In the construction of this Part, the rules and definitions
contained in this section shall be observed and applied, except when
the context clearly indicates otherwise:
A.
Words used in the singular shall include the plural, and the plural
the singular.
B.
Words used in the present tense shall include the future tense.
C.
The word "shall" is always mandatory and not discretionary.
D.
The word "may" is permissive.
E.
This Part shall be liberally construed to accomplish its purpose
to protect the public's health, safety and welfare.
[Ord. 681, 5/11/1998, § 6; as amended by Ord. 741,
12/30/2002, § 1]
The Borough of Jefferson Hills.
The Manager of the Borough of Jefferson Hills.
Any offense punishable under Title 18 Pa.C.S.A., or Title
75, Pa.C.S.A.
Any person, except a victim, who criminally causes personal
injury to the person or property of another as a direct result of
a crime and who is adjudged guilty of an offense punishable under
Title 18 Pa.C.S.A., or Title 75, Pa.C.S.A.
Actual bodily harm directly resulting from the crime.
Any person duly employed by the Borough of Jefferson Hills
who is by law given the power to arrest when acting within the scope
of the person's employment.
The return of property of the victim or payments in cash
or the equivalent thereof pursuant to an order of court.
Any person, except an offender, who suffered injuries to
his person as a direct result of the crime. The term "victim" specifically
includes the Borough of Jefferson Hills and any insurance company
that has compensated the victim for loss under an insurance contract.
[Ord. 681, 5/11/1998, § 7]
When required as a condition of probation or parole, offenders
convicted of a crime, wherein a police officer suffered injury to
property or personal injury directly resulting from the crime, shall
make restitution in the amount of the value of the loss sustained
by the victim, the Borough or an insurance company, as ordered by
the sentencing court.
[Ord. 681, 5/11/1998, § 8]
1.
Request for Information of Loss. When a Borough police officer who
has suffered personal injury receives notification from the District
Attorney's Office of a pending trial for the offender, the officer
who suffered personal injury shall request the Borough Manager to
provide to the officer the monetary value of the loss sustained by
the Borough and the Borough's insurance carrier.
2.
Reporting. If the offender is convicted of a crime which resulted
in personal injury to the Borough police officer, the police officer
shall inform the District Attorney prior to sentencing of the loss
sustained by the victim, the Borough and the Borough's insurance carrier
so that restitution may be ordered by the court pursuant to 18 Pa.C.S.A.
§ 1106(c).
