[CC 1979 §22-67; Ord. No. 81-046 §2, 3-2-1981]
There is hereby established the office of Chief of Police for
the City of Manchester.
The appointment provisions and qualifications of the Chief of Police are set out in Sections
115.470 and
115.475 of this Code.
[CC 1979 §22-71; Ord. No. 81-046 §2, 3-2-1981]
The salary for the position of Chief of Police shall be established
by the Board of Aldermen from time to time and that salary fixed by
the Board to be paid the Chief of Police shall be full compensation
for all his/her services as Chief of Police. The Chief of Police shall
be entitled to all fringe benefits which are provided to other officers
and employees of the City and such other fringe benefits as the Board
of Aldermen may provide by ordinance. The Chief of Police shall be
reimbursed for all expenses incurred within the scope of his/her employment.
All expenses shall be submitted at least monthly to the City Administrator
for review prior to reimbursement.
[CC 1979 §22-72; Ord. No. 81-046 §2, 3-2-1981]
The Chief of Police shall devote his/her full time and effort
to the performance of his/her duties as Chief of Police and shall
not engage in any outside employment.
[CC 1979 §22-73; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 86-245 §3, 12-15-1986; Ord. No. 88-313 §5, 2-15-1988; Ord. No. 90-499 §2, 10-1-1990]
A. The Chief
of Police (or the second (2nd) in command of the Police Department
in the absence of the Chief of Police after notification to the City
Administrator) shall:
1. Be the
chief law enforcement executive of the City and be responsible for
operation and supervision of the Police Department and its personnel;
2. Report
and be answerable to the City Administrator on all administrative
and operational matters involving the department;
3. Establish
only those levels of management necessary to provide adequate direction
and control;
4. Ensure
that the organizational structure of the department facilitates the
rendering of direct assistance and service to the people;
5. Review
with the Mayor and Board of Aldermen, and amend as necessary, the
Police Department organization structure in view of modern management
practices and provide for necessary changes;
6. Supervise
the enforcement of all City ordinances, State and Federal laws;
7. Prepare
an annual budget for submission to the Mayor and Board of Aldermen
as provided later in this Article;
8. Prepare
a manual to facilitate the enforcement of the rules and regulations
of the department. Such manual shall be submitted to the City Administrator,
Mayor and Board of Aldermen and shall be reviewed at least biannually
by the Board of Aldermen;
9. Promptly
obey and execute all lawful orders issued by the Mayor and Board of
Aldermen (if operational in nature) or City Administrator (if not
operational in nature) not contradictory to State Statues or City
ordinance;
10. Acquaint
himself/herself with all ordinances of the City of Manchester pertaining
to the Police Department, health and welfare and public peace, safety
and morals, and those orders issued by the Mayor and Board of Aldermen
pertaining thereto;
11. Attend
such meetings of the Board of Aldermen as directed by the Mayor or
by the Board of Aldermen;
12. Keep
the Mayor and Board of Aldermen advised as to defects in the condition
of the streets, alleys, bridges, culverts and sidewalks within the
City as such defects may become known to him/her so that the Mayor
and Board of Aldermen may advise the City Engineer of such defects;
13. Remove,
or cause to be abated, any nuisance found within the City in accord
with the then existing ordinances;
14. Inquire
into and report to the Municipal Judge upon all pre-sentence and post-sentence
investigations which may be requested of him/her by the Municipal
Judge and conduct such pre-trail investigations which may be reasonably
requested of him/her by the Prosecuting Attorney;
15. Assign
an officer to attend the Municipal Court whenever in session and preserve
order, execute the commands, precepts and orders of the Municipal
Judge;
16. Investigate
suspicious buildings and neighborhoods and all parts of the City where
disturbances of the peace or violations of City ordinances are likely
to occur;
17. Perform
such other duties as may be necessary to conserve the peace and welfare
of the City and its inhabitants; and
18. Cooperate
with the City Administrator in every manner that the Chief of Police
deems advisable in order to enhance the smooth operation and joint
use of City facilities by the Police Department and the other City
departments.
[CC 1979 §22-74; Ord. No. 81-046 §2, 3-2-1981]
The Chief of Police shall at all times have power to supervise
the making of arrests, with proper process, for any offense against
the laws of the City. He/she shall have power to order arrests without
process in any cases in which any offense against the City ordinances
or any State or Federal law is committed in his/her presence.
[CC 1979 §22-75; Ord. No. 81-046, §2, 3-2-1981; Ord. No. 86-245 §4, 12-15-1986; Ord. No. 88-313 §6, 2-15-1988]
Subject to the duties and obligations of the City Administrator,
the Chief of Police shall exercise general supervision over all money
or property coming into his/her hands in the performance of his/her
Police duties. The Chief of Police shall exercise general supervision
over all properties seized and/or confiscated and held for evidence
and shall keep adequate inventories and receipts of such. After final
disposition of the cause in which any property shall be used as evidence,
the property, if it is of a nature that its possession or sale is
unlawful, shall be destroyed in a manner as is provided by law. If
the property seized or held is proven to be stolen property, and its
possession or sale is lawful and the owner is unknown, the Chief of
Police shall, on an annual basis, but no sooner than thirty (30) days
after the disposition of the case in which the property is used for
evidence, sell the property at public sale or cause it to be destroyed.
The proceeds of such sale shall be placed in the General Fund of the
City. The procedure for the disposition of such confiscated property
shall, in any event, comply with the applicable State Statutes and
shall be subject to general supervision by the City Administrator.
[CC 1979 §22-76; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 88-313 §7, 2-15-1988]
All Policemen and other Police Department personnel shall be
under the immediate charge and supervision of the Chief of Police.
They shall perform their duties at his/her direction, and the Chief
of Police shall be answerable only to the Mayor and Board of Aldermen
with regard to the operations of the department.
[CC 1979 §22-77; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 88-313 §8, 2-15-1988]
The Chief of Police and all Policemen under his/her supervision
shall be conservators of peace. They shall be active and vigilant
in the preservation of good order within the City and shall act only
with authority of law. In carrying out his/her operational duties
as supervisor of those conserving peace and preserving good order,
the Chief of Police shall be answerable only to the Mayor and Board
of Aldermen.
[CC 1979 §22-78; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 86-245 §5, 12-15-1986; Ord. No. 88-313 §9, 2-15-1988]
The Chief of Police shall be responsible for the recruitment
of all employees within the Police Department. He/she shall develop,
with the assistance of the City Administrator, written, oral, physical
and such other employment examinations as deemed necessary for the
selection of any new employee.
[CC 1979 §22-79; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 88-313 §10, 2-15-1988]
All employees of the Police Department shall be assigned their
specific duties by the Chief of Police or by their immediate superior
if such immediate superior is so authorized by the Chief of Police.
The Chief of Police shall issue appropriate general or special orders
setting forth policies and procedures necessary to supplement and
clearly define the proper assignment of all employees within the Police
Department. The Chief of Police shall determine the rotation of all
employees within the Police Department. With regard to the operational
affairs of the Police Department, the Chief of Police shall be answerable
only to the Mayor and Board of Aldermen.
[CC 1979 §22-80; Ord. No. 81-046 §2, 3-2-1981]
The Chief of Police may assign members of the Police Department
to acting (temporary) positions for a period of time determined appropriate
by the Chief. Said positions will carry all the duties and responsibilities
as set forth in the general and special orders of the Chief creating
such position. The member of the Police Department filling such an
acting position shall, during the term of such temporary position,
receive the salary of such temporary position, but he/she shall be
restored to the salary of his/her permanent position upon return to
such permanent position.
[CC 1979 §22-81; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 86-245 §6, 12-15-1986; Ord. No. 88-313 §11, 2-15-1988]
The Chief of Police shall annually prepare and submit to the
City Administrator, on or before the date set by the Board of Aldermen
for such submission, a budget for the operation of the Police Department
for the next fiscal year. Said budget shall be subject to review and
amendment by the City Administrator and to the approval and amendment
by the Board of Aldermen. Said budget shall contain all anticipated
operating costs, schedules of pay, fringe benefits, equipment costs
and such other details requested by the City Administrator as is determined
necessary to effectively operate the Police Department for the next
fiscal year.
[CC 1979 §22-82; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 86-245 §7, 12-15-1986; Ord. No. 88-313 §12, 2-15-1988]
Upon receipt of a citizen complaint against a member of the
Police Department for any reason, which shall be made in writing and
signed by the complainant and which shall constitute an official Police
report, the Chief of Police, after having advised the City Administrator
of such complaint, shall cause an immediate investigation into said
complaint. The City Administrator shall notify the Mayor and Board
of Aldermen of the filing of such complaint and shall thereafter keep
the Mayor and Board of Aldermen timely advised as to developments
with regard to such investigation and the results thereof. Upon completion
of the investigation, the Chief of Police shall advise the City Administrator
of the results of such investigation and recommend appropriate discipline
so that the Chief of Police may take immediate action subject to the
discipline procedures of the City. This action then shall be conveyed
by the City Administrator by letter to the citizen making the complaint,
but only after all appeals, if any, have been completed. The filing
of a false or fraudulent Police report shall subject the complainant
to prosecution as provided by municipal ordinance and State Statutes.
Any complaint against the Chief of Police for any reason shall be
made in writing to the Mayor or Board of Aldermen. Upon receipt of
such written complaint against the Chief of Police, the Mayor and
Board of Aldermen, or the City Administrator, if they so direct, shall
investigate or cause to be investigated the validity of such complaint
and, upon completion of such investigation, shall take whatever action
is deemed appropriate in light of the citizen complaint and the results
of their investigation. The action taken shall be conveyed by letter
to the person making the complaint, but only after all appeals, if
any, have been completed.
[CC 1979 §22-83; Ord. No. 81-046 §2, 3-2-1981; Ord.
No. 06-1689 §1, 7-3-2006]
Employees of the Police Department shall not engage in any outside
employment without the consent of the Chief of Police.
[CC 1979 §22-84; Ord. No. 81-046 §2, 3-2-1981]
The Chief of Police shall not use official authority or influence
for the purpose of interfering with any election. He/she shall take
no active part, unless with the prior approval of the Board of Aldermen,
in any political campaign. The Chief of Police shall not lend support
to the candidacy of any person seeking elective office in the City
of Manchester.
[CC 1979 §22-85; Ord. No. 81-046 §2, 3-2-1981]
The Mayor may, with the consent of a majority of the members
elected to the Board of Aldermen, remove from office the Chief of
Police, at will, and the Chief of Police may be removed from office
by a two-thirds (2/3) vote of the members elected to the Board of
Aldermen, independently of the Mayor's approval or recommendation.