[HISTORY: Adopted by the Common Council of the City of Franklin 8-5-1997 by Ord. No. 97-1461 as Ch. 4 of the 1997 Code. Amendments noted where applicable.]
The Police Department shall consist of the Chief of Police and such police officers as the Council may prescribe by ordinance or resolution.
The Chief and the police officers shall receive a salary as fixed by the Council and shall not be entitled to any other compensation. All fees, bail deposits and other special remuneration or funds collected or received by the Department or any officers thereof shall be deposited with the Treasurer not less than monthly.
Subject to § 62.13(5), Wis. Stats.
The Chief of Police shall possess the powers, enjoy the privileges and be subject to the liabilities conferred and imposed by law upon marshals and constables.
He or she shall obey all lawful written orders of the Mayor and Council.
He or she shall cause the public peace to be preserved and see that all laws and ordinances of the City and state are enforced, and whenever any violation thereof shall come to his or her knowledge, he or she shall cause the requisite complaint to be made and see that the evidence is procured for the successful prosecution of the offender or offenders.
He or she shall exercise supervisory control over all the personnel of his or her Department, and may adopt, subject to the approval of the Mayor, rules and regulations for the government, discipline, equipment and uniforms of police officers.
He or she shall be solely responsible for the care and condition of the equipment used by his or her Department.
He or she shall keep an accurate and complete record of all complaints, arrests, traffic violations, convictions and dispositions of the Department.
The Lieutenant shall perform the following duties and any other management functions as required by the Chief of Police:
Communications. The Lieutenant shall be the immediate supervisor of all personnel working in communications. He or she shall provide police, fire, local government and Zone D with a communications system. He or she shall keep abreast of developments pertaining to communications and submit a written proposal to the Council July 31 of each year, requesting technological improvements and listing total costs and benefits to be realized.
Public assistance. The Lieutenant shall instruct his or her subordinates and supply the necessary materials to enable them to effectively serve the public.
Records. The Lieutenant shall maintain the police records system. The records shall include each request for police assistance or incidents involving police personnel. The police radio log shall contain a brief account of all police activity and a time record of when notified, arrival and back in service. The Lieutenant shall maintain statistical data on crime response time, traffic accidents, overtime, individual officer activity, communications and other necessary data.
Report preparation. The Lieutenant shall be responsible for the daily transcribing of all taped police reports.
Municipal Court. The Lieutenant shall supervise all functions performed by the Department for the Municipal Court. He or she shall ensure that proper records are kept of each traffic citation, City complaint and state cases. He or she shall supervise the activity of the Department Court Officer.
[Amended 12-15-1998 by Ord. No. 98-1526]
Vehicle and equipment maintenance. The Lieutenant shall keep inventory records of all City property under the control of the Department. He or she shall secure periodic preventive maintenance and repairs as necessary to ensure efficient and dependable service of all equipment. The Lieutenant shall keep records of all equipment maintenance and other costs incurred in operating each piece of equipment.
Staff functions. The Lieutenant shall assist in the development of the budget proposals for each forthcoming year.
Administrative Police Sergeant. The general duties of the Administrative Police Sergeant shall be to supervise the clerical employees and dispatchers, to maintain the Municipal Court records in the Police Department, to schedule training of Patrolmen, to be responsible for departmental property and to inventory the same; to be responsible for all property under police custody acquired by confiscation, lost or misplaced property, property used in evidence, etc., and to maintain a proper inventory of the same; to inventory all supplies required by the Police Department; and to perform such other duties as may be assigned to him or her by the Chief of Police from time to time.
Police Sergeant. The general duties of the Police Sergeant shall be to supervise Department personnel subject to the direction of the Chief of Police and to see to the enforcement of all of the ordinances of the City and all Wisconsin Statutes applicable and in general to preserve order and prevent infractions of the law and arrest violators thereof.
Police patrol officer. The general duties of the police patrol officer shall be to see to the enforcement of all the ordinances of the City and all Wisconsin Statutes applicable and in general to preserve order and prevent infractions of the law and arrest violators thereof.
Police trainee. The general duties of the police trainee shall be to attend police training school and to see to the enforcement of all the ordinances of the City and all Wisconsin Statutes applicable and in general to preserve order and prevent infractions of the law and arrest violators thereof.
Appointment; starting salaries. Said employees shall be appointed from a qualified Fire and Police Commission list, and the starting salary shall depend upon Fire and Police Commission recommendations.
Fringe benefits. Said employees shall be subject to fringe benefits as granted to all City employees under Fire and Police Commission classification.
Power of arrest. The Chief of Police and any police officer shall arrest all persons in the City found in the act of violating any law or ordinance of the City or state or aiding or abetting in such violation, and they shall arrest without warrant all persons whom they have reasonable grounds to believe have violated any law or ordinance and who will not be apprehended unless immediately arrested, shall take all arrested persons in charge and confine them and shall within a reasonable time bring such persons before the court having jurisdiction thereof to be dealt with according to law.
The general duties of the Secretary to the Chief are to answer phones, dispatch police, take care of walk-ins, take care of all correspondence, keep all time records and pay vouchers, compile monthly complaint calls, keep all personnel records, (off-days, sick leave, vacation, etc.), keep record of court dates for appearances, schooling days and to notify patrol officers accordingly; keep records of supplies and requisitions; follow up on all reports to see that they are completed; and any other duties as directed by the Chief of Police.
The Mayor and the Alderpersons shall have and exercise the powers of peace officers and may summarily suppress any riotous or disorderly conduct in the streets or public places of the City.
Custodian. The Chief of Police shall be the custodian of all personal property that has been lost or abandoned or that has been picked up during the course of a police investigation. Said property shall be properly inventoried and tagged.
Sales of abandoned or unclaimed property. All property that has been abandoned or unclaimed [including lost property subject to Subsection B(5) below, if such property has a finder who is a public official, employee or agent and is unclaimed by an owner as set forth thereunder, or if such property has a finder who is not a public official, employee or agent and is unclaimed by an owner as set forth thereunder and unclaimed by the finder, or if the provisions of this section have not otherwise been complied with by an owner or a finder who is not a public official, employee or agent, with respect to such property] for more than 30 days after the taking of possession of the same by the City shall be disposed of as follows:
[Amended 9-20-2005 by Ord. No. 2005-1853]
Tools, equipment and the like. The Chief of Police shall contact the various department heads to determine if such equipment, tools, etc., can be used by the respective departments and upon receiving a receipt for the same shall deliver the same to the department head for City use only.
Property with no obvious value. The Chief of Police shall arrange to discard such items by placing the same in appropriate trash containers or the local dump and so note in his or her records.
All property not disposed of in the above manner shall be sold at auction. The Chief of Police shall conduct a public auction at such intervals as he or she deems necessary to prevent an undue accumulation of property. An auction may be deferred if the cost of holding the same would exceed the proceeds of such auction. Such public auction may take the form of an internet on-line auction, if in the determination of the Chief of Police such on-line auction method is in the best interest of the City of Franklin. The Chief of Police is hereby authorized to enter into and deliver such agreements and instruments as are reasonable and necessary to conduct and/or obtain such public auctions.
Notice of such auction shall be published in the official newspaper and on the official Web site of the City at least 10 days prior to the date the auction is to be held. The proceeds of the auction, after deducting necessary expenses, if any, shall be paid into the City Treasury.
Private sale and donation.
If the Chief of Police determines that further storage, auction costs or both would exceed the value of any property not disposed of in the above manner, he or she may apply to the City Council for permission to donate or sell by private sale such property.
Upon such finding by the City Council, the Council may authorize the donation of the property to a nonprofit, private corporation for public or charitable purposes or disposition by private sale, if determined by the Council to be in the best interest of the City.
The Chief of Police shall maintain an inventory of property disposed of under this subsection and Subsection B(1) and (2) above, a record of the date and method of disposal, including consideration received for the property, if any, and the name and address of the person taking possession of the property. The inventory shall be kept as a public record for not less than two years from the date of disposal of the property.
If the disposal is in the form of a sale, all receipts from the sale, after deducting necessary expenses of keeping the property and conducting the sale, shall be paid into the City Treasury.
Return of lost property to finder or owner. Sections 170.07 through 170.105, Wis. Stats., as amended from time to time, are incorporated herein by reference. Any decisions, determinations and certifications to be made by a law enforcement agency under the aforesaid statutes shall be made by the Chief of Police or the Chief's designee, upon such proof which may be deemed sufficient, in the sole discretion of the Chief of Police or the Chief's designee, respectively.
[Added 8-24-2004 by Ord. No. 2004-1810]
Wisconsin retirement fund. The City shall pay 100% of the contributions required from the employee and the employer on the basis of the employee's gross earnings for the entire year.
Health and dental plan. The Chief of Police will be eligible to participate in the City's health and dental plan on the same basis as all nonrepresented management employees.
Retiree health plan.
The Chief of Police shall be eligible to participate in the City's health plan after 15 years of service with the City of Franklin and attaining a normal retirement age as defined by the Wisconsin Retirement System. The retired Chief of Police shall be eligible to participate in the plan until he or she reaches age 65 or becomes eligible for Medicare, which ever occurs first.
Upon retirement, the City will contribute 75% of the monthly cost of the City's health insurance premium and the retiree will contribute 25% of the monthly cost of the City's health insurance premium. Contributions must be paid in accordance with the rules set forth in the Summary Plan Description for the City's health plan. The amount contributed by the City on a monthly basis will be fixed at time of retirement and remain frozen at that amount for the duration of the retiree's participation in the City's health plan.
In the event the employee/retiree's spouse is not eligible for Medicare when the employee/retiree's participation in the insurance program ceases, the spouse may remain in the same City's health plan until he or she is eligible for Medicare solely at the expense of the spouse, provided that the spouse pays the full monthly premium.
Retiree dental plan. Upon retirement, the Chief of Police will be eligible to remain in the City's dental plan. The retiree will pay 100% of the cost of premiums.
Paid holidays. The following are paid holidays:
Personal days. The Chief of Police will receive four personal days off with pay upon hire. Upon attaining five years of continuous service, he/she shall be granted five personal days off with pay. All personal days must be used within the calendar year in which they are granted.
The Chief of Police will accumulate 6.67 hours each month toward vacation time, which amounts to 10 days of paid vacation per year. A newly hired Chief of Police is not eligible to use this accumulated time until after six months continuous service with the City.
After completing one year of service, the Chief of Police will accumulate 10 days of paid vacation.
After six (6) years, the Chief of Police will accumulate 10 hours each month for a total of 15 days of paid vacation per year.
After 13 years, the Chief of Police will accumulate 13.34 hours each month for a total of 20 days of paid vacation per year.
After 18 years of employment, the Chief of Police will accumulate 25 working days of paid vacation, provided the employee has accumulated at least 130 days of sick leave in the year the vacation is taken, and provided further that five days will be deducted from the sick leave account of the employee.
In the event that the employee has suffered a major illness or a series of illnesses wherein the employee has used 20 successive days of sick leave and would have been eligible for the vacation set forth above, had not such illness occurred, then those days taken for major sick leaves shall be counted to arrive at the one-hundred-thirty-day sick leave accumulation required.
After 22 years, the Chief of Police will accumulate 16.67 hours each month for a total of 25 days per year, regardless of the number of sick days accumulated, and will not have sick days deducted from his or her sick leave account.
Vacations shall be arranged so as not to interfere with the normal function of the Department and maintenance of public safety and service. Vacation time within the employee's respective accumulation maximum may be carried over from one year to another.
Use of City-owned vehicle. The Chief of Police shall have use of a City-owned police vehicle.
Paid sick days.
Sick leave shall accrue at the rate of one working day for each full month of service. Accumulation begins after 30 days from date of hire. There is no accumulation maximum of sick days. A full month of service shall refer to any month in which an employee receives pay for at least 10 days.
If no sick days are used in a calendar year, the Chief of Police will accumulate three additional sick days, which shall be added to his/her account. The Chief of Police may donate vacation time to another member of the Department in accordance with the City's vacation donation policy and program.
Severance pay. Upon retirement, the Chief of Police shall be entitled to a minimum of 30 days of severance pay. Severance pay shall be accumulated at the rate of two days for each year of service, with the limitation that no additional severance pay over and above the minimum severance pay of 30 days shall be paid unless the employee has accumulated sick leave corresponding to the severance pay the employee would be eligible for, to a maximum of 60 days. Severance pay shall be based upon the rate of pay the employee is earning at the time of retirement.
Uniform allowance. The Chief of Police shall be reimbursed up to $400 per year for expenses related to uniforms according to the City's reimbursement process.
Residency. The Chief of Police will be required to establish and maintain residency within the City of Franklin no later than 18 months from date of hire.
All other benefits. The Chief of Police shall be eligible for all other benefits received by nonrepresented management employees such as life insurance, family and medical leave, jury duty leave, military leave, Section 125 flexible benefits, worker's compensation, social security, long-term disability insurance and any other benefits.
Editor’s Note: Former § 67-12, Benefits, special pay practices, and conditions of employment for employees hired as or promoted to Police Captains after December 2009, added 12-15-2009 by Ord. No. 2009-1991, which immediately followed this section, was repealed 12-6-2011 by Ord. No. 2011-2065.