[HISTORY: Adopted by the Village Board of
the Village of Pleasant Prairie 2-5-2007 by Ord. No. 07-04. Amendments
noted where applicable.]
It is the purpose and intent of this chapter
to provide for the protection of persons and property within the Village
of Pleasant Prairie by establishing certain policies of the Police
Department, including staffing levels, duties of the Chief of Police
and the circumstances under which the Village may contract for police
services.
In this chapter the following words shall have
the following meanings:
The average amount of time that it takes for an emergency
services provider to arrive on the scene in response to a call for
service.
Physically operating from a facility located within the corporate
boundaries of the Village of Pleasant Prairie, which facility shall
be open to the public for the purpose of reporting crimes and conducting
official business and shall include the office of the Chief of Police
and be the headquarters and deployment point for officers and detectives
assigned to the Village of Pleasant Prairie.
Refers to an agreement between the Village of Pleasant Prairie
and another municipal or county government whereby that government's
law enforcement agency shall supply primary law enforcement services
to the Village of Pleasant Prairie in exchange for payment agreed
upon by the two parties.
A law enforcement agency of another municipal or county government
which provides contracted law enforcement services to the Village
of Pleasant Prairie.
A police officer holding the rank of detective or above and
whose primary and permanent assignment is the investigation of actual
or suspected criminal activity and who has received advanced training
in the investigation of crimes against persons and property, including
but not limited to death investigation, fraud and white collar crime
investigation, arson, burglary and sensitive crimes investigation.
The minimum number of full-time police officers, including
the Chief of Police, to be employed by the Village, deemed necessary
in order to adequately protect persons and property in the Village,
keep the peace and provide other services required by this chapter.
Records routinely kept in the course of business related
to the agency operations and the conduct of official business.
The percentage of Part - I crimes reported to a law enforcement
agency that have been cleared by arrest or exceptional means based
on statistics published by the Wisconsin Department of Justice Office
of Justice Assistance.
Those services that a municipal police agency provides to
a community for the purpose of protecting the persons and property
of its citizens from criminal activity and to keep the peace. These
services include the routine patrol of the community, response to
calls for service from the citizens, documentation and investigation
of crimes occurring in the community, enforcement of state laws and
local ordinances, arrest of offenders, control of traffic and enforcement
of traffic regulations and provision of certain ancillary services
intended to prevent or reduce the number of crimes.
A.
The Police Department of the Village shall be comprised of a Chief of Police and such other full-time police officers, and such part-time police officers, that the Village Board may from time to time authorize. The Chief and officers of the Department shall be employees of the Village and subject to all applicable laws of the State of Wisconsin and Village ordinances. The Chief of Police and subordinates shall be appointed as set forth in § 18-31 of the Village Code.
B.
The Village Board may also, from time to time, authorize
the employment of nonsworn support personnel who are also subject
to all applicable laws of the State of Wisconsin and Village ordinances.
C.
The minimum staffing level of the Village Police Department
shall equal the ratio of 1.5 full-time sworn members per 1,000 residents
of the Village, including the Chief of Police, based upon the most
recent population figures supplied by the Wisconsin Department of
Administration unless such staffing would cause a significant fiscal
hardship on the Village. The Village Board may increase this ratio
as the growth of the Village and other circumstances require, but
may not decrease the number below 1.5 full-time officers per 1,000
residents except by a vote of majority of the Village Board because
the staffing at that level would cause a significant fiscal hardship
on the Village.
D.
Of the total number of officers, including the Chief, as established in Subsection C, approximately 12% of such officers shall be investigative personnel as defined in § 260-2 of this chapter, unless such staffing would cause a significant fiscal hardship on the Village.
E.
Primary law enforcement services shall be provided
by the Village Police Department. This does not preclude the Chief
of Police from entering into agreements with other agencies for the
provision of specialized services, nor does it in any way limit the
authority of the Chief of Police or his or her designee(s) from requesting
or providing mutual assistance.
F.
It is the policy of the Village of Pleasant Prairie
that the Village Police Department shall collaborate and cooperate
with other law enforcement agencies insofar as it is practical to
do so and does not conflict with any applicable state law or Village
ordinance, or the operations of the Police Department.
A.
All full-time police officers in the Village shall
be subordinate to and under the control and direction of the Chief
of Police. It shall be the duty of the Chief of Police to cause the
public peace to be preserved, and to see that all the laws and ordinances
in the Village are enforced. The Chief of Police shall be responsible
for the efficiency and general good conduct of the Department, and
shall have the authority to promulgate such rules and regulations
as are necessary to accomplish the good government of the Police Department.
B.
The Chief of Police shall obey all lawful written
orders of the Village Board and the Village Administrator, and the
Chief of Police and any Village police officer shall, within the exercise
of the officer's professional discretion, arrest, with or without
process, every person found in the Village engaged in any disturbance
of the peace or violating any law of the state or ordinance of the
Village.
C.
The Chief of Police shall periodically report to the
Village Board and the Village Administrator and the Police and Fire
Commission on the activities of the Department and shall assist the
Village Administrator in preparing the Department's proposed budget.
The Village, having elected to create and maintain
its own Police Department pursuant to § 61.65(1)(a)1, Wis.
Stats. shall not enter into any contract for police services as provided
for in §§ 61.65(1)(a)2 and 59.03(2)(e) Wis. Stats.,
unless all of the following conditions are met:
A.
The Village Board shall adopt a resolution directing
the Village Administrator to prepare and issue a request for proposals
from one or more potential contract providers to provide contracted
law enforcement services to the Village of Pleasant Prairie.
B.
Any law enforcement agency responding to the Village's
request for a proposal to contract to provide police services to the
Village of Pleasant Prairie shall have achieved for a minimum of three
years prior to the date of the submission of the response, and shall
maintain during the consideration of the proposal and the life of
the contract, a minimum overall Part - I crime clearance rate of 50%
as reported annually by the Wisconsin Office of Justice Assistance,
or, in the event such statistic is no longer reported, a sufficiently
similar indicia of reliability reported by a state entity.
C.
The successful respondent to a request for proposal
to provide contract police services shall have achieved for a minimum
of three years prior to the date of the submission of the response
and shall maintain during the consideration of the proposal and the
life of the contract an average response time of less than four minutes
to calls for service of a serious nature, including but not limited
to in-progress crimes and motor vehicle crashes. The proposed contract
provider shall submit documentation to the Village in order to fulfill
this requirement initially with its proposal to provide services and
then monthly during the life of the contract. Such documentation shall
include the official records of the contract provider, including computer-aided
dispatch records.
D.
Any proposed contract shall provide for a minimum
of 1.5 full-time officers per 1,000 residents, excluding the Chief
of Police appointed by the Village of Pleasant Prairie, based upon
the most recent population figures supplied by the Wisconsin Department
of Administration. Such officers shall be based in the Village and
shall perform their duties exclusively within the Village except when
leaving the Village is necessary to carry out those duties or to fulfill
a request for mutual aid. This contractual requirement shall not apply
in the event that the Village Police Department is not meeting this
threshold, but in that case the proposed contract shall provide for
at least equivalent staffing to that provided by the Village Police
Department.
E.
Of the total number of officers provided by the contract provider pursuant to Subsection D above, a minimum of 12% of those officers shall be trained and experienced investigative personnel with no less than three years experience at the rank of detective or above and shall also be based within the Village and shall be dedicated exclusively to Village investigations. Nothing in this subsection precludes these officers from leaving the Village when necessary to carry out their duties. This contractual requirement shall not apply in the event that the Village Police Department is not meeting this threshold, but in that case the proposed contract shall provide for at least equivalent staffing to that provided by the Village Police Department.
F.
The officers assigned to the Village shall be under
the direct supervision of the contract provider. The offices of the
Chief of Police shall continue to be located within the corporate
limits of the Village of Pleasant Prairie. The Chief of Police shall
not be assigned duties by the contract provider, but the Chief of
Police shall be responsible for the administration of the contract
for police services on behalf of the Village, and such other duties
as directed by the Village Board.
G.
The successful respondent to a request for proposal
to provide police services shall specifically identify and nominate
for consideration by the Police and Fire Commission the contract provider's
personnel who will be assigned, based in and serve the Village. The
Police and Fire Commission shall have the right to review any and
all personnel records, including preemployment physical and psychological
reports held by the contract provider regarding the nominated officer
and, if deemed necessary by the Commission, shall have the authority
to require further or renewed testing at the contract provider's expense.
H.
All selected officers approved by the Village Police
and Fire Commission shall be assigned by the contract provider to
the Village and shall not be reassigned outside the corporate limits
of the Village of Pleasant Prairie without the consent of the Village
Board.
I.
Selected officers shall serve during good behavior
and may be suspended or removed for cause by the Pleasant Prairie
Police and Fire Commission. If an officer is removed or a position
becomes vacant, the contract provider shall nominate alternative personnel
to replace them. The contract provider may assign personnel from within
the provider's agency to fill any temporary or permanent vacancy or
to satisfy any temporary assignment necessitated by illness, leave
or absence, vacation or other temporary situation, but in no case
shall a temporary assignment exceed 30 days without approval of the
Police and Fire Commission and the Village Board.
J.
The contract shall not take effect until the expiration of any collective bargaining agreement covering existing officers of the Village of Pleasant Prairie Police Department and in any event shall not take effect or be enforceable against the Village until at least one year after it is approved by all parties in the manner set forth below in Subsection M, and, if applicable, Subsection N.
K.
The contract shall not be for a period of less than
five years.
L.
If the contract is terminated or not renewed for reasons
by either a contractor or its subcontractor, the contract provider
shall indemnify the Village of Pleasant Prairie for any and all costs
associated with reinstating a Village Police Department at the same
staffing level that existed at the time the contract terminated, including
the cost of personnel and equipment.
M.
Any proposed contract for police services shall not
be enforceable unless approved by majority of the Village Board and
shall not be implemented or enforceable against the Village unless
approved by a majority of the electors at a binding referendum to
be held at the next regularly scheduled November election within the
Village of Pleasant Prairie.
N.
The Village Board may require additional contract
provisions but shall not modify any of the above conditions unless
approved by a majority of the electors at a binding referendum to
be held at the next regularly scheduled November election within the
Village of Pleasant Prairie.
