[HISTORY: Adopted by the Board of Alderman of the City of Derby 9-23-1976 as Ch. 21 of the Charter and Revised Ordinances. Amendments noted where applicable.]
The Police Commissioners shall make all regulations for the conduct and control of the Police Department and may at any time amend, rescind or repeal any rule, provided that such rule shall not be inconsistent with the laws of this state, the Charter, this Code or other ordinance of the city. Before any rule or amendment of any rule shall take effect, it shall be posted in a conspicuous place in the police office at least 24 hours.
The Police Commissioners shall make inquiry concerning the fidelity and efficiency of each member of the police force, and shall encourage members of the force in the faithful discharge of duty. They may, upon due inquiry, approve any bill or part thereof relating to or contracted in behalf of the Department, including any bill resulting from any property or physical injury or sickness suffered by any member of the Department resulting from the faithful discharge of duty of such member, including any expense incurred by any member in defending any action brought on account of any act of any member of such Department in the faithful discharge of duty, which bill or part thereof so approved shall be paid by the city.
The Chief of Police and the Lieutenant of Police shall respectively, before entering upon the duties of such offices, execute and deliver to the city bonds in the sum of $1,000 and $500, with surety satisfactory to the Board of Aldermen, conditioned upon the faithful discharge of their duties. Each other member of the regular police force shall, before entering upon his duties, execute and deliver to the city a bond in the sum of $200 with surety satisfactory to the Board of Aldermen, conditioned upon the faithful discharge of his duties.
The regular force of policemen shall be divided into two grades, namely Grade A and Grade B.
Grade A shall include only regular patrolmen appointed by the Police Commissioners to a permanent position as such, the compensation of whom shall be a fixed salary and the hours of service determined by the Police Commissioners not to exceed eight hours a day, five days a week. Members of this grade so appointed shall not be removed from such grade except for cause and under the conditions prescribed in the Charter.
[1]
Editor's Note: For provisions as to removal of policemen, see Charter § 48.
Grade B shall include only regular patrolmen on duty part time with compensation fixed by the hour.
The Chief of Police, under the direction of the Mayor and Police Commissioners, shall have command and control of the Police Department and shall be held responsible for its faithfulness and efficiency.
The Chief of Police is authorized to direct Grade A policemen to perform extra police duties whenever, in his sole discretion and judgment, there is an emergency and Grade B and supernumerary policemen are not readily available to perform such duties. Grade A policemen performing such extra police duties shall be compensated at the hourly rate of pay in effect for Grade B and supernumerary policemen.
Each member of said force shall conform to the rules and regulations of the Police Department and to this chapter or other ordinance of the city. He shall use his best endeavors at all times to prevent crime, preserve the peace, maintain good order and enforce all provisions of law. He shall secure or assist in securing the detection, arrest or conviction of any offender of any provision of law and assist each other member of the force in the discharge of his duties. He shall aid the Mayor and execute his orders as conservator of the peace of the city; obey all lawful orders of his superior officers; notify any person whom he has reason to suspect of intending to commit any breach of this chapter or other ordinance of the city or any criminal act to desist; arrest without warrant any person for any offense when taken in the act or upon immediate information of another and take the offender to the police station; furnish the proper prosecuting officer the names of witnesses of any offense and any information which he may be able to secure or which he may have and which may be useful in the prosecution of any offender; to report to the proper officer in charge at the police station any information that may come to his knowledge of the violation of this Code or other ordinance or of any law and any other matter that should properly come to the knowledge of the Chief of Police or the officer in charge of the Department or station; to abstain from slander; report in writing to the Chief of Police or the Police Commissioners any breach of duty by any other officer of which he has knowledge and to perform any other duty to which he may be assigned under any provisions of law, including this chapter or other ordinances and rules and regulations of the Department.
A. 
The Chief of Police shall keep an account of all the expenses of the police force, police station and lockup, including any expenses incurred by any member of the force in pursuing any alleged offender or in securing him and placing him in the lockup or other place of confinement, and including any necessary expense incurred in recovering or restoring stolen property, except such items as may be taxable by the City Court. He shall, at the end of each month, present to the Police Commissioners a proper bill for the same against the city, certifying to the correctness thereof, with vouchers accompanying the same if the same are required and may be had. Any such bill approved by the Commissioners shall be paid in the same manner as other bills against the city. The Chief shall cause any items of expense referred to in this section which are taxable by the City Court to be presented to such Court for taxation but in no other case shall any police officer receive from the Clerk of the City Court any payment of expense or fees as an indifferent person or otherwise, except as by law provided. The Chief shall keep the payroll of the Department and biweekly shall present to the Police Commissioners, for their approval and signature, payroll vouchers for each member of the Department to whom any pay is due. Such vouchers, being approved by the Commissioners, shall be passed and the account paid in the same manner as other bills against the city.
B. 
The Chief of Police shall receive and keep, subject to the order of the Commissioners, all property taken from any person under arrest and all property recovered which may have been lost or stolen, including property which may have been found or obtained for evidence, keeping a record of the same, which records shall include a description thereof and of the circumstances under which the same was taken, recovered, found or held, including its estimated value and the disposition which may have been made thereof. He may discharge any person arrested without a warrant when the offense is clearly of a trivial character. He shall promptly report to the Commissioners each case of dereliction of duty or of inefficiency, including also any complaint made to him against any member of the Police Department.
C. 
The Chief of Police shall cause to be kept a book to be known as the "Ordinance Book," which book shall be kept in the police office and at all times open to the inspection of any officer of the city, in which shall be entered all reported violations of this chapter or other ordinance, with the date of the offense, the location thereof, the nature of the offense, the name of the offender and the name of any witnesses thereof.
No person shall be appointed a member of the police force unless:
A. 
He is able to read and write the English language understandingly.
B. 
He is a citizen of the United States.
C. 
He has been a resident of the city for a term of two years next prior to his application for appointment and an elector of the city at the time of appointment.
D. 
He has never been convicted of crime.
E. 
He is certified by some competent physician to be in good health, sound body and mind.
F. 
He is at least five feet seven inches in height.
G. 
He is of good moral character and habits.
[Amended 7-14-1987]
A. 
Each applicant for appointment to membership in the police force shall present a petition in the following form which shall be signed by not less than five citizens and taxpayers in the city:
To the Honorable Police Commissioners of the City of Derby.
  The undersigned states that he was born on the
.
day of
and is therefore
years of age. He respectfully asks an appointment as supernumerary policeman in the Police Department of the City of Derby and respectfully refers to the following:
NAME
ADDRESS
The undersigned, residents and taxpayers of the City of Derby, each for himself respectfully certifies that he knows the above named applicant and that he is of good moral character, of sober and industrious habits; that he has never known him to be guilty of any criminal act or disorderly conduct, that the undersigned is ready to appear at any time before the Commissioners and to make affidavit to the truth of the representations herein made and to furnish or be examined concerning any other information in relation to the applicant.
NAME
ADDRESS
B. 
The Derby Board of Police Commissioners shall accept applications for positions in the Derby supernumerary police force from applicants who live within an eight-mile radius of the Derby Police Station.
Any member of the police force may be punished by the Police Commissioners in their discretion either by reprimand, forfeiture of and withholding of pay not exceeding 30 days for any offense; by being reduced in rank or grade or by dismissal from the force for any of the following offenses, namely: intoxication; any act of insubordination or disrespect to a superior officer; any act of oppression or tyranny; neglect of duty; violation of any rule; neglect or disobedience of orders; any violation of any law, this Code or other ordinance; absence without leave; immoral conduct or conduct unbecoming an officer or conduct injurious to the public peace and welfare; mental, physical or educational incapacity; any breach of discipline; contracting any debt under any false or fraudulent pretense or refusal or neglect to pay any debt for any necessity.
No member of the Police Department shall, while on duty, drink any intoxicating liquor, or smoke while in uniform and on street duty, or enter any disorderly house or place where intoxicating drinks are sold or furnished except in the performance of duty.
Each member of the Police Department shall report immediately to the Chief or officer in charge at the police station any information that may come to his knowledge of the violation of any law, this chapter or other ordinance and of other matters that should come to the knowledge of the Chief and of which such member may have information.
No member shall communicate to any person not a member of the Department any information respecting any order, regulation or any other matter affecting any interest of the Police Department or of the city, which information has been procured in the service of the Department of the city, except by permission of the Chief of Police or a Police Commissioner; and no member of the Department shall leave the city or absent himself from duty except with the permission of the Chief except in the performance of duty, in which event he shall, as soon as practicable, report such absence to the Chief and his reasons therefor.
No member of the Police Department, excepting the Chief of Police, shall release from arrest any person having been placed under arrest, and any member of the Department placing any person under arrest shall, without delay, take or convey such person to the station house and deliver him to the officer in charge or place such person within the lockup.
Whenever any person shall be arrested and taken to the police station, the officer in charge or, if there is no officer in charge, the officer making the arrest shall enter in a record kept for that purpose the name, residence, occupation, age, height, weight, color of hair and eyes, complexion and nationality of the person arrested, whether married or single, with the cause and date of such arrest, including the name of the officer making the arrest and the final disposition made of the person arrested. Any person so arrested shall, if probable cause exists for the support of the complaint unless sufficient bail is furnished conditioned for his appearance in court as provided by law, remain in custody until the city court convenes, when complaint and due presentment of such person shall be made to the court.
No member of the Police Department shall receive any fee, gift, reward or compensation, directly or indirectly, from any person under arrest or against whom any complaint or charge of violation of any law may have been made, for any services which may have been rendered by such member as a police officer, and no member of the Department shall receive any fee, gift, reward or compensation on account of any services rendered by such member except with the permission of the Police Commissioners.
The officers and members of the Police Department, excepting members of Grade B and supernumerary policemen, shall work eight hours per day, five days per week.
Members of the Police Department specified in § 37-20 shall receive the following periods of absence with pay:
A. 
Not exceeding seven days per annum due to sickness.
B. 
Fourteen days for annual vacation, except in the case of the Chief and Lieutenant of Police who shall receive 21 days for annual vacation.
C. 
The following holidays: New Year's Day, Good Friday, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day; provided, however, that such officers and members shall be required to work an extra workday in every week in which any such holiday falls.
All time under § 37-21 shall be computed on a nine-hour-day basis subject to the following conditions:
A. 
When any officer or member of the Police Department specified in § 37-20 desires to absent himself from duty, he shall submit his request therefor in writing to the Chief of Police for approval by him and the Board of Police Commissioners, and in addition when sick leave is requested beyond 48 hours, such request shall be accompanied with a certificate from the attending physician giving the nature of the sickness.
B. 
Leave of absence may be obtained for less than a day at a time, but in all cases such leaves shall be charged against annual or sick leave as the case may be.
C. 
Any officer or member of the Police Department, excepting members of Grade B and supernumerary policemen, injured while in the discharge of duty, shall as soon as practicable, report in writing to the Chief of Police the circumstances under which such injuries were received, including the time, place and cause thereof, which report shall be accompanied by a certificate describing the nature of the injuries made by the attending physician. The Chief of Police shall forward such report and certificate with such other information as he may have and recommendations as he may desire to make in connection therewith to the Board of Police Commissioners and shall forward a copy to the City Clerk. The Board of Aldermen upon the recommendation of the Board of Police Commissioners may allow any such injured officer or member such amount of compensation as will, with any compensation which may be allowed under the provisions of law, not exceed the full amount of compensation of such officer or member during such time as he may be actually incapacitated. The Board of Aldermen may also allow to any member of Grade B or supernumerary policeman injured while in the discharge of duty, subject to the conditions of this section, such amount of compensation as will, with any compensation which may be allowed under the provisions of law, be equitable under the circumstances.
The Chief of Police shall keep a true and accurate record of all leave of absence taken by all officers and members and shall every three months forward a copy of the same to the City Clerk for the information of the Board of Aldermen.
No compensation shall be paid to any officer or member of the Police Department for time absent from duty in excess of the periods limited herein without the approval of the Board of Aldermen.
The Chief of Police shall designate such members of the force as he may deem necessary to attend any fire, and any member of the force designated to attend any fire shall, without delay, present himself at the scene of fire and render all aid practicable in securing and protecting persons and property, in preserving order and in preventing obstruction of members of the Fire Department in the discharge of their duties. In the absence of any officer of the Police Department, the senior patrolman present at any fire will assume command of the police officers and will obey and execute all proper orders issued to him by the Chief Engineer of the Fire Department or such Assistant Engineer of the Fire Department as may be in command.
No organization shall be formed within the Police Department by the officers or members thereof without the consent of the Police Commissioners.
All property lost or stolen, including all property taken from any person arrested, including also all property coming by any means into the possession of any member of the Police Department for which there is no proper claimant or rightful owner, shall be delivered immediately, with all particulars relating thereto, to the Chief of Police.
Any charge or complaint against any member of the Police Department may be made to the Police Commissioners and shall be in writing, which shall include a particular description of the acts or conduct complained of, and under oath if required by the Commissioners. Any person making any complaint against any officer or member of the Department shall furnish the Commissioners, in writing, with the names and addresses of witnesses.
Whenever any officer or member of the Police Department shall resign or be discharged from the service, he shall deliver all property in his possession belonging to the Department to the Chief of Police or officer discharging the duties of the Chief, who shall give a receipt therefor, upon presentation of which receipt to the City Clerk such retiring or discharged officer or member may be entitled to any compensation or salary due to him from the city.
No person discharged or dismissed from the Police Department for any cause shall be eligible to appointment within two years after such dismissal or discharge and then only as an original applicant.
Whenever any member of the Police Department may be entitled to any reward under any provision of law, such member shall take any proper action to secure the same. and when secured, such reward shall be disposed of by the Police Commissioners as they may think proper.
[Amended 2-17-1994]
In the case of disability of the Chief of Police, the Lieutenant shall perform the duties of the Chief of Police and shall be subject to the same duties and exercise the same authority as the Chief of Police.
A. 
During the performance of said duties as Chief of Police, the Lieutenant shall, in lieu of the salary established for Lieutenant, receive the salary established for Chief of Police, provided that the Lieutenant has held the position of Lieutenant for a period of not less than six months prior to the commencement of receipt of the salary of the Chief of Police, and the Lieutenant shall have served a minimum of 60 calendar days in performance of the duties of Chief of Police prior to the commencement of receipt of the salary of the Chief of Police.
B. 
Any vacancy in the office of Chief of Police shall be permanently filled within 90 days of when said vacancy occurs, pursuant to Section 48 of the Charter of the City of Derby.
A supernumerary policeman when on duty shall exercise the same authority and discharge the same duties as required of any patrolman.
The appointment of any person who is unable to read or write as a supernumerary policeman or any appointment of any supernumerary policeman or member of the regular force not made in accordance with the provisions of this chapter shall be void.
Each member of the Police Department shall be responsible for any property of the city lost by such member.