[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.
HAZARD
POLICE OFFICER
Definitions. The following words, as used in Subsections A and B, shall have the following meanings:
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.
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:
(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.
