[Adopted as Rev. Ords. 1964, §§ 2-1, 5-4,
14-13B, 16-1, 16-3 and 16-5 to 16-27 (§§ 2-1, 18-1
to 18-61, 18-71 and 18-72 of the 2010 Code)]
The Chief of Police shall supervise the delivery of all messages
and papers pertaining to the business of the City when directed so
to do by the Mayor, the City Clerk, the chairperson of any committee
or by any member of the Municipal Council, and the expenses incidental
thereto shall be paid by the City Clerk.
The Police Department is authorized to leave the City and go
to the aid of another city or town at the request of that city or
town in the suppression of riots or other forms of violence therein.
[Amended 8-8-2000]
All of the police officers shall be duly sworn before entering
upon the duties of their respective offices.
The Chief of Police or such subordinate officers as the Chief
shall direct shall, in case of fire, repair to the place thereof and
in conjunction with the Fire Chief or other officer there in command
diligently attend to the keeping of the public peace, the prevention
of thefts and the loss or injury of property, and the removal of all
persons suspected of invading the lines formed thereat.
[Amended 11-17-1970; 5-25-1976; 2-20-2001; 4-10-2012]
The Municipal Council may elect, in accordance with the General
Laws, such constables as it deems proper, in accordance with the terms
of this section, who shall first be duly sworn before entering upon
the duties of their office. The Municipal Council shall, from time
to time, promulgate such rules, regulations and procedures as it deems
appropriate for the appointment of constables. (Appointment of constables,
MGL c. 41, §§ 91 to 91B.)
A.
Approval by Chief of Police. The Chief of Police or designee shall
investigate the reputation and character of the applicant and his
or her fitness for the office and make a recommendation to the Police
and License Committee.
B.
Term. The term of office shall be for three years only from the date
of appointment.
C.
Removal. The Municipal Council, after hearing, may remove a constable
from office prior to the completion of said term for conduct unbecoming
a constable, gross misconduct, or other just cause.
D.
Uniform and badge. A constable shall have the permission of the Chief
of Police and the Committee on Police and License to wear a uniform.
However, to avoid confusion with members of the Police Department,
the uniform shirt of said constable shall not be black or dark blue.
In addition, a constable may wear an appropriate badge or patch that
is clearly marked "Constable." In no case, however, will a constable
use a badge or patch or article of clothing containing the word "police."
E.
Appointment of nonresidents. Nothing contained herein shall prohibit
the Municipal Council from appointing as a constable an employee of
the City who is not a resident of the City; provided, however, that
no nonresident of the City shall be appointed as a constable unless
the Chief of Police states in writing to the Municipal Council that
the public safety and convenience of the citizens of the City would
be injuriously affected if such nonresident applicant were not appointed.
F.
Fee. The application fee shall be $100.
[Amended 3-9-1965]
Persons appointed to the auxiliary police force shall exercise
and perform all of the powers and duties of police officers of the
Police Department of the City, provided that such powers and duties
shall not be exercised or performed by such persons appointed to the
auxiliary police force except while they are on active duty and displaying
an authorized badge or other insignia after being called to such duty
by the head of the police force of the City to meet a situation which,
in his/her opinion, cannot be adequately handled by the regular police
force and by the reserve police force.
[Amended 5-28-1968; 9-18-1973; 4-10-2012]
A.
The Chief of Police may designate one or more of such constables
as are also custodians employed by the School Department of the City
to be school traffic supervisors, who shall control pedestrian and
vehicular traffic at such locations as the Chief of Police shall assign.
Each such supervisor shall be equipped with a traffic belt, cap, coat
badge and hat shield, furnished by the Chief of Police.
B.
In addition to the foregoing, the Municipal Council shall appoint
school traffic supervisors who shall be under the general supervision
and direction of the Chief of Police.
C.
The number of said school traffic supervisors may from time to time
be determined by the Municipal Council.
A.
Contract. Sections 19-16, 19-17, 19-18, 19-19, 19-20, 19-23 and 19-24 of this article shall not apply to the Chief of Police. The Chief of Police shall have a contract agreed upon under the provisions of MGL c. 41, § 108O. Notwithstanding the provisions of MGL c. 41, § 108O, said contract shall be negotiated, ratified and confirmed by the Municipal Council. The Municipal Council shall delegate negotiations to the Mayor. The Mayor shall meet with the Municipal Council to establish parameters for the Police Chief's contract prior to negotiations.[1]
B.
Duties generally.
[Amended 12-30-1968; 5-15-1973]
(1)
Except as may be otherwise provided by contract with the collective
bargaining representative of the members of the Department, the Chief
of Police shall have the general charge and supervision over his/her
subordinate officers and members of his/her Department and over all
constables when engaged in the same service, or whenever directed
thereto by the Mayor and Municipal Council, and shall forthwith report
to the Mayor and Municipal Council any violation or neglect of duty
by any of such officers. The Chief shall from time to time pass through
the streets, lanes, alleys, squares and public grounds of the City
to observe all nuisances, obstructions or impediments therein or on
the sidewalks thereof and any violation of any ordinance or statute
relating thereto. The Chief shall forthwith report to the Supervisor
of Streets any defect or want of repairs which may be discovered in
any public streets, ways, bridges or sidewalks. The Chief shall receive
all complaints against any person for any breach of the laws or of
the ordinances of the City. The Chief shall promptly and efficiently
prosecute all offenders and by all proper means secure convictions,
and the Chief shall enforce and carry into effect all laws and City
ordinances and shall be vigilant in detecting any breach thereof.
(2)
The Chief of Police shall be in charge of and be responsible for
all detention facilities of the City, including the so-called "lockup,"
and he/she shall receive no additional compensation for his/her duties
as keeper of the lockup.
C.
Chief of Police to be agent of Board of Health. The Chief of Police
shall enforce all ordinances and orders of the Municipal Council and
all regulations and orders of the Board of Health relating to sickness,
nuisances and sources of filth existing within the limits of the City
and affecting the comfort or health of the inhabitants thereof and
shall cause such nuisances and sources of filth to be abated in compliance
with such ordinances, orders or regulations and with the laws of the
commonwealth.
D.
Chief of Police to assist Treasurer/Collector. The Chief of Police
and subordinate officers shall, under the direction of the Treasurer/Collector,
assist in the collection of taxes.
E.
Records required of Chief of Police; reports. The Chief of Police
shall keep or cause to be kept at the police station an exact record
of all complaints made by the Chief or any officer under his/her control
for any violation of the laws, the provisions of these Revised Ordinances
or City ordinances, and of all arrests made, with a complete description
of the person arrested, the cause of such arrest, the name of the
officer making such arrest, and the disposition made of the case with
the circumstances thereof. Such record shall be kept in a book furnished
by the City and shall at all times be open to the inspection of the
Mayor and Municipal Council and shall be delivered by the Chief of
Police to the successor in office. The Chief shall, whenever required,
make a full report in writing of the proceedings of the office to
the Mayor and Municipal Council, containing an exact account of all
fees received by him/her or his/her subordinate officers as officers
or agents of the City.
F.
Rules and regulations for Department. The Chief of Police shall,
at least once during his/her term of office, recommend for adoption
rules and regulations for the government, disposition and management
of the police consistent with the laws and with the ordinances of
the City, subject to the approval of the Mayor and Municipal Council.
The Chief of Police shall, upon the execution of a contract between
the City and the collective bargaining representative of the members
of the Department, and upon any amendment of such contract, recommend
for adoption additions and amendments to such rules and regulations
so as to be consistent with such contract or amendments to such contract,
subject to the approval of the Mayor and Municipal Council.
[Amended 12-23-1968]
[Amended 12-30-1968; 5-25-1971; 11-1-1971; 10-1-1973; 3-22-1977; 5-23-1978; 9-30-1980; 3-11-1986; 12-13-1988; 5-16-1989; 9-5-2000]
A.
The Police Department shall consist of a Chief of Police, three captains,
eight lieutenants, 14 sergeants, and such number of patrolmen, including
women, and office clerks as the Municipal Council may from time to
time determine and such number of reserve officers as may be allowed
under the civil service laws. The officers of the Department shall
rank in the order named above. The Chief of Police shall be appointed
by a majority of the members of the Municipal Council from those persons
who have qualified under the civil service eligible list of the City
in accordance with civil service laws, rules and regulations. The
force of reserve officers of the Police Department, subject to any
requirement of civil service laws, shall consist of such number as
the Municipal Council shall from time to time determine and appoint.
There shall be such number of parking control officers, commonly called
"meter maids," as the Municipal Council shall from time to time determine
and appoint. Their duties shall be to enforce parking rules and regulations
and related matters, under the general supervision and direction of
the Chief of Police. All appointees, before assuming their duties
and before receiving any compensation, shall submit to the Chief of
Police a certificate of physical fitness duly signed by a physician.
Thereafter said parking control officers shall annually, no later
than April 1, submit to the Chief of Police a certificate of physical
fitness duly signed by a physician. Any parking control officer may
be removed from office for cause.
B.
Except as may be otherwise provided by contract with the collective
bargaining representative of the members of the Department, the Chief
of Police, subject to the civil service laws, rules and regulations,
shall be responsible for the conduct and administration of the Police
Department to the Mayor and Municipal Council. In case of alleged
irregularities in the Department, misconduct or maladministration
on the part of the Chief of Police or misconduct of any of his/her
subordinates, officers or patrolmen, such infractions shall be reported
at once in the first instance to the Mayor as chief executive of the
City and by him/her, without unreasonable delay, to the Municipal
Council.
C.
The captains, lieutenants, sergeants and patrolmen, and the officers
of the reserve force, shall be elected by the Municipal Council, subject
to the civil service laws, and shall hold office during good behavior.
The clerk shall be appointed by the Chief of Police. The whole time
of the Chief and of all subordinate officers and of the clerk shall
be at the service of the City except as otherwise provided from time
to time by contract.
[Amended 8-29-1972]
In the absence or death of the Chief of Police, the next senior
officer of the Department in length of service and who is qualified
therefor under the rules and regulations of the civil service, and
if no officer is so qualified, then the senior officer in length of
service as a senior officer, shall assume and perform all the regular
duties of the Chief of Police and be clothed with all authority now
vested in the Chief of Police under the General Laws, the provisions
of this article and the ordinances of the City, until the return of
the Chief of Police to his/her duties or the appointment of a successor
to the Chief of Police, in the event of his/her death.
A.
Duties.
The captains and lieutenants shall, under the direction of the Chief
of Police and of the Mayor and Municipal Council, perform and aid
in any and all such duties and have all such powers as are prescribed
for the Chief of Police and may act as day or night police. The Chief
of Police with his/her subordinate officers shall have and perform
all the powers and duties of watch and ward as provided by law, subject
to the direction of the Mayor and Municipal Council.
B.
Desk duties.
The Chief of Police may assign any officer or member of the Police
Department to perform those duties ordinarily associated with and
in accepted Police Department terminology known as "desk duties,"
the officer or member of the Department in charge thereof being designated
"desk officer," and such other special duties pertaining to the administration
of the Police Department as may, in the Chief's judgment, be deemed
necessary or desirable as contributing to its efficiency.
C.
Accounting
for fees by captains and lieutenants. The captains and lieutenants
shall pay over to the Chief of Police all fees and moneys received
by them as officers or agents of the City, and the Chief of Police
shall once a month pay over the same to the City Treasurer/Collector
together with all such fees and moneys received in any manner as aforesaid.
Any member of the Department who shall neglect or refuse to
perform his/her duty, or be guilty of disorderly conduct, or conduct
prejudicial to good order or discipline, or conduct unbecoming a member
of the Department, or who is absent without leave, or disobedient
to a superior officer, or guilty of cowardice, or shirking duty, or
of any violation of the rules, regulations or ordinances governing
the Department may be suspended by the Chief, who shall forthwith
file a written report thereof, and charges against the member, with
the City Clerk addressed to the Municipal Council. Charges in writing
may be filed with the Municipal Council against any officer or member
of the Department by the Mayor, a member of the Municipal Council,
an officer of the Department, or any citizen. When charges are filed
by the Mayor or a member of the Municipal Council such person filing
the charges shall be excused from sitting in judgment thereon. The
Municipal Council may by vote at any time remove, suspend for a definite
period, demote, discipline or penalize any and all officers and members
of the Department for just cause, in which case the City Clerk shall
cause to be delivered to such officer or member a written notice thereof
stating the action of the Council and the reason therefor. In all
cases of suspension or charges against an officer or member of the
Department the Municipal Council shall, in accordance with the provisions
of civil service laws, give a hearing thereon and take such action
as it shall deem proper. Complete records of all suspensions, removals,
disciplinary action and penalties against an officer or member of
the Department shall be kept at headquarters.
[Amended 10-1-1973; 6-21-1988]
A.
Notwithstanding any other provisions of this article or the rules
and regulations of the Police Department, the schedule of working
hours for members of the Police Department shall be as follows:
B.
Parking control officers shall work not more than 40 hours a week,
on such schedule as may be determined by the Chief of Police.
C.
The police matron shall work a minimum of 20 hours weekly or shall
be contracted for 20 hours weekly on such schedule as may be determined
by the Chief of Police.
During the period of vacations, police officers shall be exempt
from duty at a police station or other place but otherwise shall be
subject to all laws, rules and regulations relating to members of
the Police Department.
[Added 3-3-1980]
All employees of the Police Department shall be entitled to
vacation pay upon termination or retirement computed as follows: the
computation of vacation pay shall be made on a calendar-year basis
with the employee being credited with each completed month since January
1 prior to the date of his/her retirement or termination. The employee
shall be credited with the final month of employment if retirement
or termination occurs after at least 1/2 of that particular month
has passed.
All members of the Police Department, except the Chief of Police,
shall receive paid holidays as stipulated in the most recently agreed
upon provisions of the Taunton Police Patrolmen's Association contract
or the Taunton Police Supervisory Personnel Association, as applicable.
Effective July 1, 1976, any patrolman or officer of the Police
Department who has obtained creditable service in the contributory
retirement system shall be granted a longevity increase in addition
to his regular salary in the amount set forth in the most recently
agreed upon provisions of the Taunton Police Patrolmen's Association
contract or the Taunton Police Supervisory Personnel Association,
as applicable.
Wage differential for any patrolman or officer of the Police
Department shall be as set forth in the most recently agreed upon
provisions of the Taunton Police Patrolmen's Association contract
or the Taunton Police Supervisory Personnel Association, as applicable.
Any police officer, including an officer of rank, shall be entitled
to and receive overtime pay and follow the procedures for overtime
duty as stipulated in the most recently agreed upon provisions of
the Taunton Police Patrolmen's Association contract or the Taunton
Police Supervisory Personnel Association, as applicable.
Any officer who attends a show-cause hearing or a criminal case
pending in the District Court, Juvenile Court or Superior Court as
a witness for the commonwealth at a time when he would not be regularly
scheduled to be on duty shall receive additional pay as stipulated
in the most recently agreed upon provisions of the Taunton Police
Patrolmen's Association contract or the Taunton Police Supervisory
Personnel Association, as applicable.
[Amended 12-23-1968; 8-24-1971]
A.
Any member of the City Police Department temporarily assuming the
duties and responsibilities of the Chief of Police, the commanding
officer of a relief or any officer of rank (sergeant, lieutenant or
captain) shall receive the pay of that rank for all time spent performing
those duties and responsibilities from the time he/she assumes them
until he/she is relieved of them. Such pay, which for the purpose
of this article shall not include vacation pay, shall be computed
on the basis of a five-day work week.
B.
Any member of the City Police Department who is injured or becomes
ill in the line of duty while working in a higher rank shall be compensated
at the rate established for such rank for the duration of his/her
absence from the job because of such injury or illness.
[Amended 6-23-1970; 8-24-1971]
A.
All members of the City Police Department shall be granted increases
in their base salaries for the attainment of educational credits in
accordance with the provisions of MGL c. 41, § 108L, as
it may be amended from time to time.
B.
In addition, all members of the City Police Department shall, until
such time as they accumulate 10 points as defined in such MGL c. 41,
§ 108L, receive $10 per year for each semester hour for
which a passing grade is received.
C.
The City shall reimburse all members of the Police Department who
attend any such courses for the expenses which they incur in the purchase
of textbooks and for the registration fees required for such courses.
All permanent uniformed members of the Police Department, including
plainclothes officers of the Police Department (not including members
of the Traffic Division, clerks, mechanics, custodians, reserves and
members of the call force), shall receive an annual uniform allowance
as stipulated in the most recently agreed upon provisions of the Taunton
Police Patrolmen's Association contract or the Taunton Police Supervisory
Personnel Association, as applicable.
Each police officer shall be entitled to sick leave as stipulated
in the most recently agreed upon provisions of the Taunton Police
Patrolmen's Association contract or the Taunton Police Supervisory
Personnel Association, as applicable.
[Added 4-23-2002; amended 6-1-2004; 3-5-2013]
A.
Any individual, business, corporation, agency or unincorporated association
who or which hires a police detail shall be responsible for payment
of the invoice for detail services within 30 calendar days from the
date the service was provided or 30 days after an invoice for services
is postmarked, whichever is later. Interest shall begin to accrue
and be charged on any balance remaining unpaid after the expiration
of the 30th day (as described above). Interest shall be charged beginning
the 31st day and continuing each day thereafter at a rate of 14% per
annum compounded daily.
B.
Notwithstanding any other provision of these ordinances, any individual,
business, corporation, agency, or unincorporated association who or
which has had two or more delinquencies greater than 60 days in the
past five years will be required to prepay any amount which, in the
estimation of the Police Chief, shall amount to approximately 75%
of the anticipated cost of the detail work to be provided.
C.
All applicants who apply for police details shall sign a contract
for services which contains the terms of this section. Failure to
sign may result in denial of details and appropriate licenses or permits,
but the failure of any applicant to sign such a contract shall not
prevent the provisions of this section from applying to said applicant.
[Added 8-5-2003[1]]
When vehicles are towed for accidents, arrests, road hazards,
vehicles illegally on the road, and all other lawful tows that must
be inventoried by an officer who authorizes the tow, an administrative
fee of $20 shall be charged to the owners of the towed vehicles when
they seek a signed release from the Department to pick up their vehicle.
[Added 5-3-2022]
A.
The Chief of Police may, at his discretion, appoint individuals of
good moral character to the position of civilian traffic control officer.
Civilian traffic control officers shall work under the oversight and
direction of the Chief of Police or his/her designee.
B.
Civilian traffic control officers monitor, direct and control traffic
through or around road construction sites. The civilian traffic control
officers' responsibilities shall include, but not be limited
to, directing vehicular and pedestrian traffic through or around construction
zones, informing motorists of possible detour routes, reporting disobedient
drivers to law enforcement officials, and answering motorists'
questions. Civilian traffic control officers must demonstrate a firm
commitment to carry out assignments in a competent, timely and professional
manner.
C.
The Chief of Police shall develop a policy, subject to approval by
the Mayor, relative to civilian traffic control officers to include
qualifications, standards of work, physical fitness requirements,
pay, and uniforms. Civilian traffic control officer assignments shall
be made in accordance with the City of Taunton Police Department's
detail hiring procedures as approved by the Chief of Police. The Chief
of Police may revoke the appointment of any person to the position
of civilian traffic control officer.
D.
At a minimum, retired police officers otherwise eligible for appointment
must maintain first responder certification. Non-police applicants
must become certified under an approved certification program established
under 701 CMR 7.07(2).[1] civilian traffic control officers under this section are
subject to all regulations governing "road flaggers" as set forth
in 701 CMR 7.01 et seq.[2] and all guidelines promulgated thereunder.
