[1]
Editor's Note: This ordinance was vetoed by the Mayor 12-5-2018,
but said veto was overridden by the City Council 12-17-2018.
A Board of Police Commissioners is established. Such Board shall
consist of five persons who shall be appointed by the Mayor.
A.
The first and second appointees to the Board shall serve three-year
terms. The third and fourth appointees to the Board shall serve two-year
terms, and the fifth appointee to the Board shall serve a one-year
term.
B.
Annually thereafter, appointees to the Board shall serve three-year
terms. Each term shall expire on the first Monday in April in the
year the term expires. Members serve at the pleasure of the Mayor
and may serve on the Board of Police Commissioners beyond the expiration
of his/her term until his/her successor is appointed.
A.
No person shall be appointed a member of such Board who has not been
a resident of the City for at least three years next prior to his/her
appointment, who is a member of the City Council, an employee of City,
or who holds any municipal or political office for which he receives
compensation.
B.
Removal from the City, membership in the City Council or the holding
of any such public office shall automatically vacate the office of
a member of such Board.
Vacancy in such Board shall be filled in the manner of an original
appointment within 30 days from its occurrence. The members of such
Board shall serve without compensation.
The Board of Police Commissioners may make rules for the government
of its procedure. It shall choose one of its members to be Chairperson
and may prescribe the length of his/her term.
The powers and duties vested in the Mayor and the City Council
by Chapter 244 of the Acts of 1909 shall be exercised and performed
by the Board of Police Commissioners.
The Board of Police Commissioners shall, subject to the provisions
of this article, have the appointment, management and control of the
members and employees of the Police Department and of the Superintendent
of the Police Signal System.
[Amended 2-27-2024]
A.
Notwithstanding anything to the contrary in the City Code, the Board
of Police Commissioners is responsible for the disciplinary oversight
of the members and employees of the Springfield Police Department,
including conducting disciplinary hearings and determining conditions
of discipline, and termination where warranted, in accordance with
all applicable laws, regulations, legal requirements, policies of
the Springfield Police Department, and the Board of Police Commissioners
Manual, as it deems wise and proper.
B.
Except with respect to Subsection C below, upon the conclusion of Mr. Lawrence E. Akers' service to the City of Springfield as the Police Superintendent, the provision shall revert to the provision in effect immediately prior to this amendment.
C.
The Board of Police Commissioners shall not forfeit their authority to hire, promote, or discipline under the City Code, to the Police Superintendent, Police Chief, or any other individual, whether by memorandum of understanding, or any other means, unless such forfeiture of authority is approved by majority vote of the City Council. Notwithstanding the foregoing, nothing in this section shall be construed to impair or restrict the provisions of Article IV, Chapter 27, § 27-26, and Article XIX, Chapter 16, § 16-66.
The Board of Police Commissioners shall have the power to examine
into absences of members and employees of the Department, other than
those allowed by law or ordinance, and may approve or disapprove the
payment of salary for the period of any absences.
The rules and regulations for the government and discipline
of the Police Department, as adopted and promulgated by the former
Board of Police Commissioners in the year 1981 with all amendments
thereto, a copy of which rules and regulations and amendments thereto,
duly attested, is on file with the City Clerk, are adopted as and
shall continue to be the lawful rules for the maintenance of the Department,
and for the regulation, government and discipline of all members and
employees thereof, until the adoption and promulgation of rules and
regulations as heretofore provided.
A.
The Board of Police Commissioners shall meet at least once a month
and shall annually in the month of January prepare and communicate
to the Mayor an estimate of the amount of money necessary for the
maintenance and use of the Department for the then-current fiscal
year, itemized as the Mayor may require.
B.
It shall keep or cause to be kept an accurate and detailed account
of all expenditures of the Department, and annually in the month of
January shall render to the City Council an itemized and exact account
of the same.
This article shall take effect upon passage. Provided further,
that in the employment agreement by and between the City of Springfield
Massachusetts and John Barbieri, dated April 1, 2014, shall remain
in effect; however he shall be subject to the Board of Police Commissioners
as set forth above.
Any provision of this article that conflicts with applicable
law or the City Charter shall be interpreted in such a manner and
to such an extent as to be effective and valid under applicable law.
If any provision of this article is prohibited by or invalid under
applicable law or the City Charter, such provision shall be ineffective
only to the extent of such prohibition or invalidity, thereby leaving
the remainder of this article effective.
