[HISTORY: Adopted by the Town Council of the Town of Smithfield 9-13-1955;
as amended 3-14-1972; 1-23-1973; 7-10-1973; 9-1-1973; 10-9-1973; 4-9-1974
(Ch. 17, Art. II, of the 1985 Code of Ordinances). Subsequent amendments noted
where applicable.]
The Town Council shall, after receiving the recommendation of the professional
police board, appoint such new officers to fill vacancies in the permanent
Police Department of the Town as shall from time to time arise. Said Town
Council shall also thereafter upon recommendation of the Professional Police
Board appoint such numbers of other police constables as in their discretion
and judgment may be proper and necessary to the maintenance of good order
and prevention of crime within the limits of the Town, upon the following
terms and conditions however:
A.
That any person so wishing to be a police constable shall
in writing make application to the Police Chief. All applications shall be
presented and maintained by the Chief of Police within the Town Police Station;
B.
That upon his appointment as such constable the Town
Clerk shall forthwith issue to said duly appointed police constable his commission
under the Seal of the Town and a regulation constable's badge containing a
number which shall correspond with the number given by the Town Clerk to the
constable and which number shall be inserted on the commission; and
C.
That upon the suspension or revocation of the commission
to be a police constable, said person shall forthwith deliver to the Town
Clerk his badge of office.
The Chief of Police shall report at the office of the Police Department
in the Town Hall each day at 9:00 a.m. and shall be subject to calls at all
times during every day and night.
It shall be the duty of the Chief of Police to exercise a general superintendence
and oversight of the maintenance and operation of all Town equipment used
by the police force.
The Chief of Police or his designee shall be a prosecuting officer under all the ordinances of this Town; also a complainant under Section 26 of Chapter 347 of the General Laws of 1909, and all acts in amendment of, and in addition to either of the same.
No person shall be eligible to the office of police constable unless
he is a qualified elector of this Town; neither shall any person be eligible
to the office who cannot read and write the English language.
It shall be the duty of the Chief of Police to exercise a general superintendence
and oversight of all police constables in their official capacity; to have
authority to direct any police constable to any place; and to perform such
services as may, in his judgment, be necessary to promote good order, to prevent
crime and generally to protect the persons and property of the citizens of
this Town.
A.
Police constables shall at all times be vigilant in the
maintenance of good order, the protection of persons and property and the
suppression and prevention of crime, shall take cognizance of all violations
of the Town ordinances and the General Statutes and make such arrests as may
be necessary and shall report every arrest with its disposition to the Chief
of Police.
B.
Police constables shall perform their duties in such
places as the nature of their office may warrant, under the direction of the
Chief of Police, and for such service certified to by the Chief of Police
shall receive such compensation as is provided for police officers for similar
duty, but in no event less than a minimum of $20 for a maximum of four hours
of duty and $5 per hour for each hour in excess of four hours, and in addition
to such compensation shall receive all such fees for service of warrants,
attendance at court, commitment, etc., as are allowed by law.[1]
[1]
Editor's Note: State law reference - Fees of constables, G.L. 1956,
§ 9-29-9.
All police constables shall be subject to and observe the rules and
regulations prescribed by the Town Council and shall be subject to the rules
and regulations of the permanent Police Department except with regard to suspension
and removal from office of constables, which shall be governed by the Town's
personnel regulations.
Every police constable shall report to the Chief of Police all the facts
required relative to any case or offense as to which said police constable
shall take action.
Every police constable, in his conduct and deportment, must be quiet,
civil and orderly. In the performance of his duty he must maintain decorum
and attention, command of temper, pertinence and discretion. He must at all
times refrain from harsh, violent, coarse, profane and insolent language,
and at the same time act with firmness and energy. He must not drink any kind
of alcoholic beverage while on duty, or frequent any place where strong drink
is sold, except in the immediate execution of his duty.
No police constable shall withdraw any complaint or compound or settle
any offense against any person without permission from the Chief of Police.
Whenever any police constable shall arrest any person, said person shall
be dealt with as humanely as possible and all harshness and severity shall
be avoided, except such as may be necessary to secure and detain such person
in safe custody.[1]
[1]
Editor's Note: State law reference - Restraint and force used in arrest,
G.L. 1956, § 12-7-8 et seq.
The Chief of Police shall have power to suspend any police constable
for violation of this chapter or any part thereof, pending an investigation
by the Town Council.
When any police constable shall have been suspended by the Chief of
Police, said police constable shall not receive compensation for any services
rendered during such time of suspension.
Police constables not members of the permanent police force shall remain
in office during the pleasure of the Town Council.
