[HISTORY: Adopted by the Township Board of Trustees of the
Charter Township of Pittsfield as indicated in article histories.
Amendments noted where applicable.]
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 22, Art. II, of the 2015 Pittsfield
Charter Township Code]
A.
Created. There is hereby created a police force (the "Police Department").
The Township Supervisor is authorized to appoint, subject to the approval
of the Township Board of Trustees, a Director of Public Safety ("Director"),
and such police officers as may be required to protect property and
preserve the public welfare and safety within the Township, including
auxiliary officers, part-time officers, animal control officers and
other police officers having special or limited assigned duties.
B.
Powers and duties of Director. Subject to the powers vested in the
Township Supervisor and the Township Board of Trustees, the Police
Department shall operate under the command of the Director of Public
Safety. Subject to the authority of the Township Board of Trustees,
the Director of Public Safety, who may also be called the "Chief of
Police," shall:
(1)
Be responsible for the proper and efficient operation and maintenance
of the Department, including efficient fiscal management and proper
law enforcement.
(2)
Make and establish rules and regulations for the Department, its
employees, officers and detectives, and for the care and management
of the motor vehicles, equipment, property and buildings pertaining
to the Department, and for the prescribing of the powers and duties
of such employees, officers and detectives.
(3)
Recommend and administer an administrative policy for the selection
and hiring of police officers and other personnel of the Department.
(4)
Administer discipline to all members and employees of the Department,
including the right to suspend and/or terminate. Any disciplinary
action by the Director of Public Safety may be appealed to the Township
Supervisor, and the Supervisor's action in turn may be appealed
to the Township Board of Trustees, whose decision shall be final.
The taking of any such appeal shall not stay the disciplinary action
taken; but if the appeal is successful, the member or employee shall
be reinstated and compensated for such periods of lost time as shall
be found to be unwarranted. Such discipline shall be administered
in accordance with the terms of any collective bargaining agreement
that applies.
(5)
Create the chain of command within the Department.
(6)
The Director may appoint and delegate such of his authority as he
shall deem proper to any other officer of the Department, to be exercised
in the event of his temporary absence or inability to exercise his
or her authority.
C.
Acting Director. In the event that the Director becomes incapacitated
to perform the duties of the position, in the opinion of the Supervisor,
the Supervisor shall so certify in writing to the Township Clerk,
and may then appoint an Acting Director of Public Safety, subject
to the approval of the Township Board of Trustees, whose appointment
shall cease upon formal action of the Township Board of Trustees,
or written certification by the Township Supervisor to the Township
Clerk. If the Supervisor determines that the Director of Public Safety
is incapacitated or otherwise unable to perform his/her duties, the
Supervisor may appoint an Acting Director of Public Safety, subject
to the approval of the Township Board of Trustees. The Acting Director's
appointment will terminate upon action of the Township Board of Trustees
or upon the Director resuming his/her duties.
A.
Subject to the powers vested in the Township Supervisor and the Township
Board of Trustees and the provisions of law, the members of the Police
Department shall have the power and it shall be its duty to:
(1)
Suppress all riots, disturbances and breaches of the peace;
(2)
Enforce the laws of the state and the ordinances of the Township;
(3)
Arrest any person found in the act of violating the laws of the state,
or the ordinances of the Township, and to take such persons before
the proper officer or magistrate for punishment;
(4)
Make complaints against persons known or believed by them to be guilty
of having violated such laws or ordinances;
(5)
Arrest all persons fleeing from justice; and
(6)
Serve and execute all process directed or delivered to them in proceedings
for the violation of the ordinances of the Township or laws of the
state.
B.
Sworn officers are hereby vested within the limits of the Township,
with all the powers conferred by law upon sheriffs and constables
for the preservation of quiet and good order and the enforcement of
law. They shall have all the powers of sheriffs to make arrests of
persons who have committed or who are suspected of having committed
any crime or misdemeanor within the Township or who shall have escaped
from the custody of the Police Department; and they shall have power
to pursue, arrest and detain without the Township limits any such
person as permitted by law. The Township Board of Trustees shall have
the authority to vest the Police Department with such additional powers
as may be necessary for the good government and order of the Township.
A.
The Director of Public Safety shall promulgate, subject to the authority
of the Township Board of Trustees, all necessary rules for the government
of the Department and its members. Such rules and regulations shall
be entered in an appropriate book of the Department. Rules and regulations
may be so prescribed by incorporating by reference any provision of
state law or any official or unofficial standard code, rules and regulations
and orders, including those that are or have been prescribed or adopted
by a law enforcement department or agency of the federal or state
government or governmental unit, provided that such shall be clearly
identified in the prescribing rules and regulations and a copy entered
into the Department book.
B.
The rules and regulations shall include by reference the minimum
standards for law enforcement officers as adopted by the State Law
Enforcement Officers Training Council in accordance with Public Act
No. 203, 1965 (MCL 28.601 et seq.), as amended, provided that additional
employment standards not in conflict with that Act may be included.
C.
The rules and regulations shall include the disciplinary action,
and the procedure that may be taken against any member of the Department
charged with any violation of the Department rules and regulations.
The Director of Public Safety shall report monthly to the Township
Supervisor all arrests made and appearance tickets issued by the Police
Department and shall provide other information as the Supervisor may
require. A monthly summary of police activities shall be presented
to the Township Board of Trustees by the Director of Public Safety
or his designated representative.
Equipment shall be issued to police officers as the Director
of Public Safety shall deem necessary to enable them to carry out
their duties described in this article. Such equipment may include
badges, identification cards, whistles and firearms. The Director
of Public Safety shall designate the uniform to be worn by all officers
of the Department.
Prior to the commencement of duties set forth in this article,
the Township Clerk shall administer to each police officer an oath
of office by which such police officer shall undertake the duties
and to observe the limitations set forth in this article and to abide
by the Police Department rules and regulations.
All police officers must maintain certifications required by
law and proficiencies in law enforcement related fields as specified
in the Police Department rules and regulations.
Employment of police officers must conform with lawful standards
adopted by the Michigan Commission on Law Enforcement Standards (or
its successor agency/department). The Board of Trustees may adopt
additional hiring standards upon the recommendation of the Director
of Public Safety.
The police work of the Township shall consist of the following
functions:
A.
The operation of the motor units or foot patrol for routine investigations
and the general maintenance of law and order.
B.
The maintenance of the central complaint desk at police headquarters,
the maintaining and supervising of police records, criminal and noncriminal
identification, property identification, custody of property and the
operation of detention quarters.
C.
The investigation of crimes, elimination of illegal liquor traffic
and vice, and the preparation of evidence for the prosecution of criminal
cases and offenses in violation of the ordinances of the Township.
D.
The prevention and control of juvenile delinquency, the removal of
crime hazards and the coordination of community agencies interested
in crime prevention.
E.
The control of traffic, traffic education programs, school patrols,
and coordination of traffic violation prosecutions.
The Police Department shall dispose of lost, abandoned or unclaimed
property in accordance with state law.
The Director of Public Safety may hereby establish an auxiliary
police force of the Township, which shall be a division of and administered
by the Police Department and shall consist of such members as may
be determined by the Director, provided sufficient funds are available
in the Police Department budget. Prior to the commencement of service,
each auxiliary officer shall take an oath of office administered by
the Township Clerk, by which such auxiliary officer shall swear to
undertake the duties and to observe the limitations set forth in this
article and to abide by the Department rules and regulations. The
equipment, training, qualifications and duties of auxiliary police
officers shall be set forth in a departmental regulation promulgated
by the Director of Public Safety. The auxiliary force may be identified
or named as determined from time to time by the Director and Supervisor.
The Township shall provide auxiliary police officers with workers'
compensation and liability insurance, and other benefits and compensation
as may be provided by resolution of the Township Board of Trustees.
[Adopted 2-25-2015 by Ord. No. 317 as Ch. 22, Art. III, of the 2015 Pittsfield
Charter Township Code]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Those services requested by a property owner, in addition
to or supplemental to those provided by the Police Department in the
normal course of business.
The person appointed by the Township Board of Trustees to
oversee the daily operations of the Police Department.
An individual, sole proprietorship, partnership, corporation,
association, municipality, this state, any instrumentality or agency
of this state, the federal government, or any instrumentality or agency
of the federal government, or other legal entity.
The Pittsfield Charter Township Police Department.
A geographical area in the Township where additional police
service is requested to be performed.
A person (as defined in this article) requesting police services
in addition to or supplemental to those provided by the Police Department
in the normal course of business.
Those areas within the Township that are not within the corporate
limits of another municipality.
The Pittsfield Charter Township Board of Trustees.
A.
A person who desires to have additional police service may submit
to the Police Department a written request, signed by an owner or
lawful occupant of the property, or their duly authorized agent, requesting
additional police service. The request shall provide the following
information:
(1)
The name and address of each person who has a fee interest in the
property.
(2)
The commonly known address of the property.
(3)
The reason for requesting additional police service.
(4)
The type of additional police service, i.e., number of police officers,
hours, special equipment, etc., being requested.
(5)
Such other and further information as the Township deems necessary
or proper to evaluate the request.
B.
Except when directed otherwise by resolution of the Township Board
of Trustees, the Director is authorized to enter into contracts for
additional police services under this article. Prior to granting or
denying the request, the Director (or designee) shall consider the
following factors:
(1)
The need for the additional police services requested.
(2)
The type of additional police services that would effectively meet
the needs of the requestor, the owner, or persons occupying or coming
upon the property.
(3)
The duration such additional police service should be provided.
(4)
The cost the Township would incur to provide the additional police
service.
(5)
The conditions under which additional police services should be provided.
(6)
Such other and further analysis as the Director deems necessary or
proper to approve or deny the request.
C.
After evaluating the request, the Director (or designee) shall grant
or deny the request. In granting the request, the Director may place
conditions upon the rendering of such additional police service that
are reasonable to effect the additional police service, protect the
condition of the property, health, safety and welfare of persons who
own, occupy or come upon the property, and to charge to the requestor
the costs incurred by the Township to provide the additional police
service.
A.
In approving a request, the Director may establish a fee for the
additional police service in an amount to pay the Township for the
costs it will incur to provide the service to include personnel, equipment,
administration and processing the request.
B.
The conditions under which the police service will be provided shall
be embodied in a written document approved and subscribed to by the
Township Supervisor, the Township Clerk, the Director, and the requestor,
or an authorized representative. The document shall provide for the
rendering of police service, describe the property or location where
services are to be directed, specify the duration of such services,
cost and manner of payment for the services, and such other provisions
as are mutually agreed to by the Director and the requestor.
