City of Marlborough, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Marlborough as Secs. 14-1 through 14-8 of the 1965 Code (Ch. 34 of the 1986 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Personnel — See Ch. 32.
Alarm systems — See Ch. 48.
[Amended 7-5-1967 by Ord. No. 7478; 9-11-1967 by Ord. No. 7545; 12-7-1970 by Ord. No. 10037; 9-26-1977 by Ord. No. 17219; 12-17-1979 by Ord. No. 19807; 7-11-1983 by Ord. No. 23062; 9-24-1984 by Ord. No. 24237; 9-16-1985 by Ord. No. 85-502; 9-16-1985 by Ord. No. 85-501; 1-11-1988 by Ord. No. 88-2002; 5-16-1988 by Ord. No. 88-2246; 12-5-1988 by Ord. No. 88-2585; 7-24-1989 by Ord. No. 89-2938; 12-16-1991 by Ord. No. 91-4279; 5-21-2007 by Ord. No. 07-1001476A]
No person shall be eligible to have his name certified for original appointment to the position of police officer if such person has reached his 32nd birthday on the date of the entrance examination. Any veteran shall be allowed to exceed the maximum age provision of this section by the number of years served on active military duty but in no case shall said candidate for appointment be credited more than four years of active military duty.
[Added 12-5-1988 by Ord. No. 88-2401A]
A. 
The Chief of Police, subject to the requirements below, shall be appointed by the Mayor, subject to the confirmation of the City Council, for a term of four years beginning July 1, 1989, except that the first Chief of Police appointed under this section shall take office on the day after he is confirmed and serve until June 30, 1995, or until his successor is appointed and sworn to the duties of the office.
B. 
Any person so appointed shall possess a minimum of an associate's degree in law enforcement or a related field if his appointment as Chief precedes July 1, 1996, and any person so appointed on or after July 1, 1996, shall possess a minimum of a bachelor's degree in law enforcement or a related field.
C. 
Any person so appointed shall have served a minimum of five consecutive years as a full-time member of the Marlborough Police Department, of which at least three consecutive years immediately prior to the appointment as Chief must have been in a command officer's position in the Marlborough Police Department, except as noted below.
D. 
Command officers shall include all ranks above police officer, and service on a provisional or temporary after-certification basis shall be counted toward the three-year minimum. Said command officer may, at his option, retain his highest civil service rating in the Police Department by obtaining a civil service leave of absence which shall, if requested, be approved by the Mayor.
E. 
If less than three qualified candidates, as defined above, within the Marlborough Police Department are willing to accept the position, the Mayor may appoint from among the lesser number or shall notify the City Council, in writing, of his reasons not to do so and of his reasons to recruit and appoint from among candidates otherwise qualified but who are not currently members of the Marlborough Police Department.
F. 
Any Chief of Police appointed pursuant to this section shall serve in office and hold full powers and duties until his successor is appointed and sworn to the duties of the office.
The Chief of Police shall be the head of the Department and have control of the Department and its members. He shall keep an account of all duties performed by members of the Department and of all absences from duty, with the causes thereof, and shall, on the last day of each week, present the payroll to the City Auditor. He shall devote all his time to the municipal affairs of the City to preserve the peace and order thereof and shall execute and enforce the special laws relating to the City, the ordinances and orders of the Mayor and City Council.
The Chief of Police shall cause proceedings to be instituted for the prosecution of violations of laws and ordinances and attend to the trials of the same.
The Chief of Police shall report to the Mayor and City Council annually, on or before the second Monday of January, the condition and organization of the Department and give a synopsis of the doings of the Department for the preceding year.
The City Council may make, from time to time, such rules and regulations for the government, disposition and management of the police as it may deem expedient, provided that the same do not conflict with the laws or ordinances.
A. 
Generally. A police officer shall receive full compensation for the entire duration of any period of absence from duty because of disability resulting from an injury or hazard undergone while in the performance of his regular duties. Such police officer shall be attended by his family physician and, upon the physician's recommendation, may employ a specialist, and any expenses incurred by him for such physician, specialist and hospital care shall be paid by the City upon the certification of a bill therefor by the Chief of Police.
B. 
School traffic supervisors. School traffic supervisors who are absent from duty because of disability resulting from an injury or hazard undergone while in the performance of regular duties shall be entitled to and come within the provisions of § 133-7.
C. 
Definitions. The following words, as used in Subsections A and B, shall have the following meanings:
HAZARD
Exposure to severe and extraordinary climatic conditions, escaping gases, bursting of gas mains, explosions, infectious diseases and such other circumstances which cannot be reasonably anticipated by the police officer in the discharge of his regular duties.
POLICE OFFICER
Any member of the Police Department.
[Added 3-9-1970 by Ord. No. 9355]
A. 
A police officer who enrolls in an educational course leading to a degree in security and law enforcement at an accredited college or university shall receive a monthly educational allowance while in attendance at such college or university in accordance with the following:
Number of Courses
Allowance
(per month)
1
$10.00
2
$15.00
3
$17.50
4
$20.00
B. 
Allowances shall be limited to the first four courses taken.
C. 
A police officer who engages in this educational program shall be reimbursed for travel at a rate of $0.05 per mile to and from school; uniform distances shall be established by the City.
[Added 9-11-1995 by Ord. No. 95-5991B]
A. 
There shall be within the Police Department a Public Safety Communications Unit. Personnel assigned to the unit shall operate the Public Safety Communications Center for the fire, police and EMS services of the City. Functions to be performed by unit personnel shall include, but not be limited to, the: receipt and transmission of telephone, radio and data communications; dispatching of public safety units; generation and maintenance of daily activity logs; video and/or audio monitoring of persons held in police custody; service of persons entering the police station; clerical or data entry duties related to the operation of any of the public safety departments; maintenance and cleaning of assigned equipment; and such other duties, except firefighting or the enforcement of laws, that are consistent with the purpose of the unit and which have been assigned by the Chief of Police.
B. 
The unit shall be staffed by public safety dispatchers and one Chief Public Safety Dispatcher, who shall act as the supervisor of the unit and its personnel. The Chief Public Safety Dispatcher shall report to and be supervised by the Chief of Police and/or his designee. All public safety dispatchers shall be civilian employees of the Police Department. Nothing in this section shall be deemed to prohibit the use of other fire or police personnel in performing the functions of the unit, except that such use must not be contrary to the provisions of any applicable collective bargaining agreement.
C. 
Unit personnel shall be subject to: the policies and procedures of the Police Department; the orders, written or verbal, of the Chief of Police and/or his designee; and the policies and procedures of the Public Safety Communications Unit. In performing their assigned duties, unit personnel shall comply with service protocols developed as follows: fire and EMS services: protocols developed by the Fire Chief of the Fire Department and/or his designee; police service: protocols developed by the Chief of Police and/or his designee.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
D. 
There shall be a Public Safety Communications Committee consisting of the Chief of Police, who shall act as Chairman, the Fire Chief of the Fire Department, who shall act as Vice Chairman, and the Civil Defense Director.
[Amended 7-24-2017 by Ord. No. 17-1006795C-2]
(1) 
The Committee shall, in regard to the Public Safety Communications Center and Unit, be responsible for: budget preparation; job descriptions; training standards; selection of equipment, subject to the availability of funding; development; development and promulgation of unit policies and procedures, and oversight of the unit's operation. Notwithstanding the foregoing, all matters relating to the operation of the NCIC/LEAPS Computer System and access to or dissemination of CORI material shall remain under the sole and exclusive control of the Chief of Police.
(2) 
The Committee shall meet at least quarterly. Two members shall constitute a quorum. Decisions of the Committee shall be by majority vote.
E. 
The Public Safety Communications Center, including the E-911 PSAP, shall be based in the police station. Subject to funding, an alternate communications center and/or a secondary PSAP may be located in some other City facility designated by the Committee, subject to approval by the Mayor.
[Added 7-29-1996 by Ord. No. 96-6684A]
A. 
The Mayor, acting upon a written request and recommendation from the Chief of Police, may appoint Special Police Officers, subject to the qualifications and for the purposes detailed in Subsection B below.
B. 
To be appointed a Special Police Officer, an appointee must be:
(1) 
A retired member of the Marlborough Police Department who retired under the superannuation provision and who is being appointed solely for the purpose of performing paid police details authorized by the Chief of Police. The assignment to and performance of such details must be in conformity with Department policy and contractual provisions or practices.
(2) 
A sworn officer or agent of a Massachusetts or federal law enforcement agency who is authorized to make arrest and serve criminal process, for the purposes of:
(a) 
Performing law enforcement duties in a regional or special task force, of which the Marlborough Police Department is a member; or
(b) 
Performing law enforcement duties in a concerted effort with the Marlborough Police Department.
(3) 
A sworn officer of the Berlin Police Department for the purpose of performing law enforcement and public safety duties at or in connection with a regional mall located both within the Town of Berlin and the City of Marlborough, on Donald J. Lynch Boulevard. The provisions of Subsection B(3) shall become void upon adoption of a special act relative to the creation of a public safety district for the regional mall.
C. 
No person shall be appointed as a Special Police Officer:
(1) 
Who is an employee of a private entity or organization and whose appointment is being sought for the purpose of providing security or law enforcement services for such private entity or organization; or
(2) 
For the purpose of reducing the staffing levels in either the Local 527 or Local 547 bargaining units.
[Added 8-26-1996 by Ord. No. 96-6722A]
A. 
Any appointment to the position of police officer in the Marlborough Police Department shall be subject to the following conditions:
(1) 
Successfully passing a physical examination, based on standards established by the Department of Personnel Administration and the Massachusetts Criminal Justice Training Council, performed by a physician designed by the City;
(2) 
Successfully passing a psychological examination performed by a physician or qualified psychologist designated by the City;
(3) 
Successfully meeting and/or completing all pre-academy screening requirements established by the Massachusetts Criminal Justice Training Council;
(4) 
Acceptance into and successful completion of a municipal police officer recruit training academy. Except that an appointee who has previously completed such training or has been certified as a police officer by the Massachusetts Criminal Justice Training Council based on training received in another state shall not be subject to this provision;
(5) 
Execution of an academy tuition/fee reimbursement agreement with the City; and
(6) 
Execution of an agreement to repay the City for any equipment or material purchased by the City for the appointee's use if the appointee resigns or is terminated from the position.
B. 
Effective July 1, 1996, any person appointed to the position of police officer in the Marlborough Police Department, who is not a graduate of a Massachusetts municipal police officer recruit academy or certified as a municipal police officer by the Massachusetts Criminal Justice Training Council based on training received in another state, shall be classified in the Salary Ordinance as a "Student Police Officer."
C. 
Student police officers, while attending academy training, shall be compensated at a wage rate that is equal to 80% of the Step I salary rate for police officers. No student officer shall receive any additional compensation provided to police officers by contractual agreement or ordinance.
D. 
Upon successful completion of academy training, a student police officer shall be reclassified, for Salary Ordinance purposes, to the "Police Officer" classification and shall begin the salary steps provided for by ordinance and contract.
E. 
A student officer shall be responsible for purchasing all clothing, equipment and learning material that is required only for academy purposes. The Police Department shall provide the student officer with such clothing and equipment as may be considered as part of a police officer's initial issue of uniforms and equipment.