[Ord. No. 19-8, 9-10-2019]
The Board of Police Commissioners of the City of Charlack is
hereby created and established.
[Ord. No. 19-8, 9-10-2019]
A. The
Board of Police Commissioners shall consist of five (5) members, all
of whom shall be residents of the City and who shall have been residents
of the City for one (1) whole year next preceding their appointment.
Two (2) Commissioners shall be selected from each City ward and one
(1) Commissioner shall be selected at large.
B. No
person shall serve as a member of the Board of Police Commissioners
who shall not have obtained the age of twenty-one (21) years prior
to the date of his/her appointment. No person shall serve on such
Board if he/she is in arrears on any taxes owed to the City, or is
not qualified to vote in the City municipal elections, or has been
or is ever convicted of a felony.
C. All
appointments shall be for a period of two (2) years, and any member
of the Board shall be eligible for reappointment.
D. The
term of the Chairman, who shall be appointed by the Mayor of the City,
shall be for a period of one (1) year, and he/she shall be eligible
for reappointment; provided, however, that should he/she for any reason
cease to be a resident of the City during his/her term as Chairman
of the Board of Police Commissioners he/she shall cease to hold such
office, and the balance of the term for which he/she has been appointed
shall be served by a duly appointed member of the Board of Police
Commissioners.
[Ord. No. 19-8, 9-10-2019]
A. All
appointments to the Board of Police Commissioners shall be made by
the Mayor with the approval of the majority of the Board of Aldermen.
B. Members
may be removed in the same manner and form prescribed by Statutes
for the removal of other appointed officers in Cities of the same
class.
[Ord. No. 19-8, 9-10-2019]
A. The
Board members shall not have the power, nor shall they assert the
power, to exercise direct supervision over any member of the Police
Department and the performance of his/her police duties, but shall
contact the Marshal in all matters requiring supervision or the giving
of orders.
B. The
Board shall have the power as a body to investigate any allegations
or complaint regarding any action or actions of any Police Officers
serving the City, and shall promptly report the results of that investigation,
after a hearing, to the Mayor and Marshal of the City in writing.
The report shall set forth the action complained of, the results of
the investigation conducted, together with the Board's recommendation
as to what action should be taken by the Board of Aldermen and the
Marshal, and shall state the vote of the Board upon the action recommended.
C. The
Board of Police Commissioners shall not usurp or exercise any of the
powers of the Marshal over the members of the Police Department directly,
but shall meet with the Marshal as a body, and advise him/her of any
matter it believes requires attention or remedy. Disagreements or
differences of opinion between the Board of Police Commissioners and
the Marshal shall be referred to the Mayor and the Board of Aldermen
for determination .
D. The
Board of Police Commissioners shall review the ordinances of the City
governing the Police Department, and shall become familiar with the
Statutes of the State regarding Police Officers in the Cities of the
same class as the City of Charlack, and shall recommend such legislation
by the City as may be deemed necessary and/or desirable in its interest
for providing the most efficient police protection available for the
City.
E. The
Board of Police Commissioners shall call upon the City Attorney of
the City for such legal advice or services as may be required in the
performance of its duties.
[Ord. No. 19-8, 9-10-2019]
A. Meetings
of the Board of Police Commissioners shall be held at the call of
the Chairman, or on order of the Mayor, or upon written notice to
all the members of the Board stating the purpose of the meeting. In
case of emergency, the written notice shall not be necessary if waived
by four (4) members other than the Chairman, and further, provided,
that the remaining members are orally advised or it is not reasonably
possible to locate them, and further, provided, that a legal quorum
of the Board attends such meeting.
B. Three
(3) members shall constitute a legal quorum of the Board.
C. The
Chairman shall preside at all meetings except that in his/her absence
the remaining members of the Board, if there is a legal quorum present,
shall appoint an Acting Chairman to serve at such meeting, and he/she
shall have all of the powers of the regular Chairman except that he/she
shall be permitted to vote on all matters.
D. The
Board shall elect a Secretary from its own membership. The Secretary
shall keep accurate minutes of all proceedings of the Board. Upon
approval by the Board the minutes shall be signed by the Chairman
and attested to by the Secretary.
E. The
agenda of all meetings shall be prescribed by the Chairman or Acting
Chairman who shall allow sufficient time for representatives of the
public, the Police Department, or any other group, to appear before
it.
F. All
meetings shall be held in the City Hall, unless otherwise authorized
by the Mayor.
[Ord. No. 19-8, 9-10-2019]
A. In
any investigation regarding the conduct of Police Officers, the officers
involved shall be present, and have the right to be represented by
counsel, and have the privilege of cross examination of all witnesses
and, if he/she chooses, to introduce testimony on his/her own behalf.
B. The
hearing shall be before the whole Board of Police Commissioners and
the Marshal shall be present during such investigation and hearing.
C. At
such hearing the Chairman shall regulate the proceedings and take
all measures necessary or proper for the efficient performance of
such duties.
D. Any
evidence which would be admissible under the general Statutes of the
State or under the rules of evidence governing proceedings in matters
not involving a trial by jury in the courts of the State shall be
admissible in a hearing before the Board of Police Commissioners.
The rules of evidence shall be applied in any proceeding to the end,
that equal and proper evidence shall be conveniently and expediently
produced while preserving the substantial rights of the parties.
E. The
Board shall have the power, in cases involving moral turpitude, to
suspend the accused from serving within the City if a majority of
the Board determines that the accused is guilty, and further provided
that in its report it specifically recommends dismissal of the officer
by the Board of Aldermen.
F. If
the Board of Aldermen does not accept the recommendation of the Board
of Police Commissioners the suspension from serving within the City
shall be immediately lifted, and the officer reinstated.