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§ 232.01 OFFICE OF POLICE CHIEF.
   There is hereby established the office of Police Chief. This office shall be appointed by the Mayor with the advice and consent of the City Council.
(1999 Code, § 232.001) (Ord. 05-17, passed 5-10-2005)
§ 232.02 PART-TIME POLICE OFFICERS.
   (A)   Establishment of position. There is hereby established the position of part-time police officer for the City Police Department. As used herein, PART-TIME POLICE OFFICER means a law enforcement officer who is employed on a part-time basis and whose accumulation of work hours will not exceed 1,560 hours annually. Part-time police officers must to able to successfully complete and pass the Peace Officer Wellness Evaluation Report (P.O.W.E.R.) Test, 40 hours of firearms training, basic training and state certification as required by ILCS Ch. 50, Act 705, § 8.2 and administered by the State Law Enforcement Officer’s Training and Standards Board, and a probationary period of two years.
   (B)   Appointment. The Police Chief may appoint or remove part-time police officers from time to time as deemed necessary to serve the law enforcement needs of the city. The city shall not appoint more than 65 part-time police officers.
   (C)   Status in the Department; authority of Police Chief.  
      (1)   Part-time police officers appointed pursuant to this section shall be members of the regular Police Department of the city (except for pension purposes) and shall not supervise or direct full-time members of the City Police Department. Part-time police officers shall not be used as permanent replacements for full-time sworn police officers.
      (2)   Part-time police officers shall perform duties as deemed necessary by the Police Chief to serve the law enforcement needs of the city. Part-time police officers shall at all time during the performance of their duties be subject to the direction and control of the Police Chief of the city or his or her designee. Part-time police officers shall not be under the jurisdiction of the City Fire and Police Commission.
   (D)   Residency requirement. All part-time police officers must be citizens of the United States and shall reside within the boundaries of the counties of Cook, Lake, DuPage, Kane, McHenry and Will, prior to and at all times during their appointments.
   (E)   Identification symbols. Identification symbols worn by part-time police officers shall be different and distinct from those used by the full-time sworn members of the Police Department and shall be selected and chosen by the Police Chief.
   (F)   Firearms. A part-time police officer may carry a firearm with the permission of the Police Chief upon successful completion of required firearms training and certification as from time to time determined by the State Law Enforcement Training and Standards Board and the Police Department of the city. Firearms will be carried only by a part-time police officer when in uniform, in the performance of assigned duties, and while working on Department-approved private details within the corporate limits of the city.
   (G)   Training. Part-time police officers must be able to successfully complete and pass all requirements for certification as part-time police officers pursuant to Public Act 89-170 as administered by the State Law Enforcement Officer’s Training and Standards Board. Part-time police officers may be required to attend additional training and department firearms qualifications as deemed necessary by the Police Chief or his or her designee. Part-time police officers will be expected to pay for any portion of training or testing that is not reimbursable.
   (H)   Compensation. Part-time police officers will be paid as provided and authorized by the corporate authorities of the city. Part-time police officers will be expected to pay for their own uniforms, firearms and other equipment necessary to perform their assigned duties.
   (I)   Powers and duties.  
      (1)   Part-time police officers will have the following powers and duties when properly assigned and on duty:
         (a)   To aid or direct traffic in the city;
         (b)   To aid in control of natural or man-made disasters;
         (c)   To aid in case of civil disorder;
         (d)   To perform normal and regular police duties when assigned by the Police Chief or his or her designee;
         (e)   To arrest or cause to be arrested, with or without process, all persons who break the peace or are found violating any city ordinance or any criminal law of the state;
         (f)   To exercise all other powers as conservators of the peace that the City Council may prescribe;
         (g)   To provide additional security as may be required; and
         (h)   To serve and execute all warrants for the violation of city ordinances or state criminal law.
      (2)   Part-time police officers will be required to follow the established policies, procedures and rules and regulations of the City Police Department.
   (J)   Qualifications.  
      (1)   Part-time police officers must be of temperate habits, of sound health and must be physically able to perform assigned duties. A part-time police officer must submit to a background check and not have a felony arrest/conviction and must possess a valid/current state driver’s license and firearms owner’s identification card.
      (2)   A part-time police officer must be at least 21 years of age. No person may serve as a part-time police officer after attaining his or her sixty-fifth birthday. A part-time police officer must have at least 20/100 vision correctable to 20/20 and be void of color blindness; must have a high school diploma or G.E.D., college preferred; must have the ability to read, write, speak and understand the English language; and must be able to become certified as a part-time police officer by the State Law Enforcement Officer’s Training and Standards Board within 18 months after the date of appointment.
(Ord. 99-27, passed 7-13-1999; Ord. 07-33, passed 6-26-2007)
§ 232.03 AUXILIARY POLICE OFFICERS.
   (A)   Establishment of position. There is hereby created the position of auxiliary police officer for the Police Department of the city. As used herein, AUXILIARY POLICE OFFICER means a law enforcement officer without conservator of the peace powers. An auxiliary police officer must successfully complete the 40-hour Mandatory Firearms Training Course and any other testing or training as required by the Police Department of the city and the State Law Enforcement Training and Standards Board, as from time to time supplemented and amended.
   (B)   Appointment. Auxiliary police officers shall be appointed or removed from time to time by the Auxiliary Review Board of the city as defined in § 232.04 of this Code. An auxiliary police officer will be employed on a part-time basis and shall not function on a full-time basis. An auxiliary police officer shall be considered an “at will” employee subject to removal at any time. An auxiliary police officer shall not be under the jurisdiction of the City Fire and Police Commission.
   (C)   Status in the Department; authority of Police Chief. 
      (1)   An auxiliary police officer appointed pursuant to this section shall not be a member of the regular Police Department, shall not supplement regular members of the Police Department and shall not supervise or direct any member of the Police Department.
      (2)   An auxiliary police officer shall perform duties as deemed necessary by the Police Chief to serve the law enforcement needs of the city. An auxiliary police officer shall at all time during the performance of duties be subject to the direction and control of the Police Chief or his or her designee.
   (D)   Residency requirement. An auxiliary police officer must be a citizen of the United States and shall reside within the boundaries of the counties of Cook, Lake, DuPage, Kane, McHenry and Will prior to and at all times during his or her appointment.
   (E)   Uniforms and identification symbols. The uniform and identification symbols worn by an auxiliary police officer shall be different and distinct from those uniforms and symbols used by regular members of the Police Department of the city, and shall be selected and chosen by the Police Chief.
   (F)   Firearm. An auxiliary police officer may carry a firearm with the permission of the Police Chief upon successful completion of required firearms training and certification as from time to time determined by the State Law Enforcement Training and Standards Board and the Police Department of the city. Firearms will be carried only by an auxiliary police officer when in uniform, in the performance of assigned duties, and while working on Department approved private details within the corporate limits of the city.
   (G)   Training. An auxiliary police officer must be able to successfully complete and pass all requirements for an auxiliary police officer as administered by the State Law Enforcement Training and Standards Board and as required by the city. An auxiliary police officer may be required to attend additional training and Department firearms qualifications as deemed necessary by the Police Chief or his or her designee. An auxiliary police officer will be expected to pay for any and all training or testing that is not reimbursable.
   (H)   Compensation. An auxiliary police officer will be paid the hourly compensation for services as provided and authorized by the corporate authorities of the city. An auxiliary police officer will be expected to pay for his or her own uniforms, firearm, training and other equipment necessary to perform assigned duties.
   (I)   Powers and duties. An auxiliary police officer will be required to follow the established policies, procedures and rules and regulations of the Police Department of the city. An auxiliary police officer will have the following powers and duties when properly assigned and on duty:
      (1)   To aid or direct traffic in the city;
      (2)   To aid in control of natural or man-made disasters;
      (3)   To aid in case of civil disorder; and
      (4)   To perform duties when assigned by the Police Chief or his or her designee.
   (J)   Qualifications. 
      (1)   An auxiliary police officer must be of temperate habits, of sound health and must be physically able to perform assigned duties. An auxiliary police officer must provide fingerprints, must submit to and successfully complete a background check and a psychological examination, not have a felony arrest or conviction or other crime involving moral turpitude, and must possess a valid and current state driver’s license and firearms owner’s identification card.
      (2)   An auxiliary police officer must be at least 21 years of age. An auxiliary police officer must have at least 20/100 vision correctable to 20/20 and be void of color blindness; must have a high school diploma or G.E.D., college preferred; must have the ability to read, write, speak and understand the English language.
(Ord. 07-27, passed 6-11-2007; Ord. 15-05, passed 2-10-2015; Ord. 15-30, passed 8-25-2015; Ord. 15- 31, passed 8-25-2015)
§ 232.04 AUXILIARY REVIEW BOARD.
   There is hereby created the Auxiliary Review Board of the city. The Auxiliary Review Board shall review application materials, reports and test results from candidates applying to serve as auxiliary police officers, as defined in § 232.03 of this Code. The Auxiliary Review Board shall make determinations regarding candidates’ eligibility and fitness for duty. The Auxiliary Review Board shall have the authority to appoint and remove auxiliary police officers from time to time as deemed necessary to serve the law enforcement needs of the city. Membership on the Auxiliary Review Board shall consist of the Secretary of the Berwyn Police and Fire Commission who shall serve in the position of Secretary of the Auxiliary Review Board, the Police Division Commander, the City Administrator and three residents of the city. The Mayor shall appoint the three resident members of the Auxiliary Review Board, with the advice and consent of the City Council. The three resident members of the Auxiliary Review Board shall serve on an at-will basis for terms of two years or until such earlier times as the Mayor may deem necessary.
(Ord. 15-30, passed 8-25-2015; Ord. 16-13, passed 5-24-2016)
§ 232.05 POLICE DEPARTMENT FREEDOM OF INFORMATION ACT OFFICER.
   (A)   Establishment of position. There is hereby established the position of Freedom of Information Act (FOIA) Officer for the City Police Department.
   (B)   Appointment. The Mayor, with the advice and consent of the City Council, shall appoint the FOIA Officer of the Police Department in accordance with the procedures for appointed officers set forth in Chapter 242, § 242.03.
   (C)   Duties. Duties of Freedom of Information Officer: Except in instances when records are furnished immediately, the FOIA Officer shall receive requests submitted to the Police Department under the FOIA, ensure that the city responds to requests in a timely fashion, and issue responses under the FOIA. Upon receiving a request for a public record, the FOIA Officer shall:
      (1)   Note the date the city receives the written request;
      (2)   Compute the day on which the period for response will expire and make a notation of that date on the written request;
      (3)   Maintain an electronic or paper copy of a written request, including all documents submitted with the request until the request has been complied with or denied;
      (4)   Create a file for the retention of the original request, a copy of the response, a record of written communications with the requester, and a copy of other communications.
      (5)   Comply with all record keeping requirements under the FOIA.
   (D)   Denials and exemptions. In issuing responses, the FOIA Officer shall consult with the City Attorney and other appropriate city officials and employees to determine whether items are exempt from disclosure or whether exempt matter should be redacted as part of a response to a FOIA request. In all instances where FOIA allows the "public body" to deny or redact information, which is exempt from disclosure, the FOIA Officer shall have the authority to make such determinations upon his or her consultation with the City Attorney as set forth above.
   (E)   Training. The FOIA Officer shall comply with the training requirements set forth in the FOIA.
(Ord. 23-17, passed 6-27-2023)