The director of public safety shall be appointed on the basis
of merit with due regard to training, experience, administrative ability
and general fitness for the office, by a majority vote of the city
council with advice from the mayor and city administrator. For the
purposes of appointing or terminating the director of public safety,
each alderman shall cast one vote. The director of public safety shall
hold office for an indefinite term subject to removal at any time
by a 2/3 vote of the city council. This section, however, shall not
preclude the council from establishing other employment terms and
conditions not inconsistent with the provisions of this ordinance
or the municipal code of the city.
(Ordinance 17-13 adopted 5/18/17)
The police department of the city shall consist of the director
of public safety, and such members of the police department, either
regular or reserve, as the council shall from time to time determine.
(2005 Code, sec. 2.3.02)
All police officers shall possess the qualifications therefor
prescribed by state law. Upon the appointment of any policeman by
the city council, the mayor shall issue to him a commission as such
policeman, and upon the receipt of such commission the person so appointed
shall, before entering upon the duties of his office, take and subscribe
to the oath of office prescribed therefor by the constitution and
laws of the state.
(2005 Code, sec. 2.3.03)
It shall be the duty of the police to keep a faithful watch
in the area assigned them and to arrest, and detain without warrant,
all offenders against the public peace, and all persons who may obstruct,
hinder or endanger them, or either of them, in the discharge of their
duty, or who shall be guilty of disorderly conduct or engage in riot,
unlawful assembly, outcries, noises or other disturbances or other
violations of state law or city ordinance.
(2005 Code, sec. 2.3.04)
The director of public safety and officers of the department
shall receive such compensation and expenses as may be authorized
by the city council.
(2005 Code, sec. 2.3.08)
The director of public safety/city administrator, subject to
the limitations defined in resolutions and ordinances of the city
and state statutes, shall be the chief administrative officer of the
city, responsible to the city council and mayor for the proper administration
of the business affairs of the city, pursuant to the statutes of the
state, the ordinances of the city, and the resolutions and directives
of the city council, with power and duties as follows:
(1)
General duties.
(A)
Carry out directives of the city council and mayor which require
administrative implementation. Coordinate with the mayor regularly
on the status of the implementation of such directives and report
promptly to the city council and mayor any difficulties encountered
herein;
(B)
Be responsible for the administration of all day-to-day operations
of the city government including the monitoring of all city ordinances,
resolutions, council meeting minutes and state statutes;
(C)
Coordinate with the mayor and prepare a plan of administration,
including an organization chart, which defines authority and responsibility
for all nonstatutory positions of the city; and submit it to the city
council for adoption as the official organization and administrative
procedure plan for the city;
(D)
Coordinate with the mayor and establish when necessary administrative procedures to increase the effectiveness and efficiency of city government according to current practices in local government, not inconsistent with subsection
(C) above or directives of the mayor and city council; and submit such procedures to the city council for adoption;
(E)
Serve as ex-officio nonvoting member of all boards, commissions
and committees of the city, except as specified by the city council
or state statutes;
(F)
Keep informed concerning current federal, state, and county
legislation and administrative rules affecting the city and submit
appropriate reports and recommendations thereon to the council;
(G)
Maintain awareness concerning the availability of federal, state
and county funds for local programs. Assist department heads and the
city council in obtaining these funds under the direction of the mayor
and city council;
(H)
Represent the city in matters involving legislative and intergovernmental
affairs as authorized and directed as to that representation by the
mayor and city council;
(I)
Act as a spokesperson for the city with the responsibility of
assuring that the news media are kept informed about the operations
of the city;
(J)
Establish and maintain procedures to facilitate communications
between citizens and city government to ensure that complaints, grievances,
recommendations and other matters receive prompt attention by the
responsible official, and to assure that all such matters are expeditiously
resolved;
(K)
Promote the economic well-being and growth of the city through
public and private sector cooperation.
(L)
The director of public safety/city administrator shall be the
city marshal and shall see that the laws and city ordinances are enforced
as far as possible by those under their command, and shall see that
police officers are on duty during the whole time of their watch.
The director of public safety/city administrator shall inform the
mayor in advance of any periods of absence during working hours. They
shall obtain written approval from the mayor for any days off for
vacation or training which would make the director of public safety/city
administrator unavailable. The director of public safety/city administrator
shall, from time-to-time and as often as may be required by the mayor,
make a report in writing of the activities of the police department.
The director of public safety/city administrator will be responsible
to the city council and mayor for the department's operations
and the efficient and effective utilization of the department's
financial and human resources. They will inform the mayor and city
council in a timely manner of all matters affecting the performance
of the department of public safety and the well-being of the city.
(2)
Responsibilities to the city council.
(A)
Attend all meetings of the city council, assisting the mayor
and the council as required in the performance of their duties;
(B)
In coordination with the mayor, the city council, and the city
secretary, ensure that appropriate agendas are prepared for all meetings
of the council, all council committees, and all other appropriate
committees and commissions of the city, together with such supporting
material as may be required; with nothing herein being construed as
to give the director of public safety/city administrator the authority
to limit or in any way prevent matters from being considered by the
council, or any of its committees and commissions;
(C)
Assist in the preparation of ordinances and resolutions as requested
by the mayor or aldermen, or as needed;
(D)
Keep the city council and mayor regularly informed about the
activities of the public safety/city administrator's office by
oral or written report at regular and special meetings of the city
council. Further, the director of public safety/city administrator
will timely notify the city council and mayor of any matters materially
affecting the performance of their duties and the well-being of the
city;
(E)
In the event that action normally requiring council approval
is critical at a time when the council cannot meet, the director of
public safety/city administrator shall receive directives from the
mayor.
(F)
Obey the orders of the mayor or of the council and shall to
the best of their ability preserve order, quiet, and peace throughout
the city, and enforce all ordinances of the city.
(3)
Personnel.
(A)
Be responsible for the administrative direction and coordination
of all employees of the city according to the established organization
procedures;
(B)
Recommend to the city council and mayor the appointment, promotion,
and when necessary for the good of the city, the suspension or termination
of department heads;
(C)
In consultation with the mayor and appropriate department head,
be responsible for the appointment, promotion, and when necessary
for the good of the city, the suspension or termination of employees
below the department head level;
(D)
Serve as personnel officer for the city with responsibilities
to see that complete and current personnel records, including specific
job descriptions, for all city employees are kept; evaluate in conjunction
with department heads the performance of all employees on a regular
basis; recommend salary and wage scales for city employees not covered
by collective bargaining agreements; develop and enforce high standards
of performance by city employees; assure that city employees have
proper working conditions; and work closely with department heads
to promptly resolve personnel problems or grievances;
(E)
Work closely with department heads to assure that employees
receive adequate opportunities for training to maintain and improve
their job-related knowledge and skills and act as the approving authority
for requests by employees to attend conferences, meetings, training
schools, etc., provided that funds have been budgeted for these activities.
(4)
Budgeting and purchasing.
(A)
Work with the mayor to prepare a draft annual city budget, in
accordance with guidelines as may be provided by the city council
and in coordination with department heads, and pursuant to state statutes,
for review and approval by the city council;
(B)
Administer the budget as adopted by the city council;
(C)
Work closely with the city council and mayor to maintain a positive
fiscal position and surplus. Further, the director of public safety/city
administrator will report regularly to the city council and mayor
on the current fiscal position of the city;
(D)
Supervise the accounting system of the city and ensure that
the system employs methods in accordance with current professional
accounting practices;
(E)
Serve as the purchasing agent for the city, supervising all
purchasing and contracting for supplies and services, subject to the
purchasing procedures established by the council and any limitation
contained in the state statutes.
(Ordinance 17-13 adopted 5/18/17; Ordinance
2024-03 adopted 2/15/2024)
The chief of police and all policemen shall obey the orders
of the mayor or of the council and shall to the best of their ability
preserve order, quiet and peace throughout the city, and enforce all
ordinances of the city. Every policeman shall report to the director
of public safety all known violations of state law or city ordinances,
in order that a proper complaint can be made and evidence procured
for the prosecution of the offender.
(2005 Code, sec. 2.3.10)
All members of the force must be prepared to act whenever their
services are demanded by a superior officer, or in view of a violation
of an ordinance or law at all times.
(2005 Code, sec. 2.3.11)
(a) Policemen to be courteous.
Members of the department
shall be civil and respectful to the public and shall not while on
duty make use of violent or intemperate language.
(b) Collecting money from arrested person before conviction.
It shall be unlawful for the director of public safety or any policeman
of the city to receive or accept money from any person arrested by
such officer for any offense against or violation of any of the ordinances
of the city for the purpose of payment of a fine or fines that may
hereafter be imposed against such persons for said offense or violation,
and none of said officers shall receive or accept any money from such
person so arraigned for such purpose until a complaint has been made
and filed and such person has been regularly convicted of such offense
or violation in the municipal court.
(c) Violations.
Any person who shall violate any provision
of this section may be removed from office by the city council.
(2005 Code, secs. 2.3.14–2.3.16)