(A) Appointment of Chief of Police and Deputy Chief.
(1) Background and term. The Chief of Police and the Deputy Chief shall be appointed by the Mayor, by and with the consent of the City Council, to serve for such time as may be provided in the appointment and as may otherwise be provided by law. The Chief and the Deputy Chief need not be appointed from the members of the Police Department, and if the persons appointed are members of the Police Department, the appointments need not be from the rank next below the Chief of Police, or the Deputy Chief.
(2) Ranks and openings. Persons appointed as Deputy Chiefs shall retain the civil service rank which those persons last attained immediately prior to the effective dates of their appointments. The appointments of Deputy Chiefs shall not create any openings in the Department to be filled by another full time member of the Department nor shall they create any openings in the civil service ranks the respective Deputy Chiefs held immediately prior to the effective dates of their respective appointments as Deputy Chiefs.
(B) Power and duties of Chief of Police.
(1) Generally. The Chief of Police shall be the head and Chief Executive of the Police Department and shall have supervision, command and control of all officers and members and other personnel thereof and of all police equipment, apparatus, property, books and records belonging to said Department. Unless otherwise provided by law, nothing herein shall be construed as a limitation on the Chief of Police’s authority and discretion to assign to the Deputy Chief, or other designee the duties and powers hereinafter described. However, such delegation of powers or duties shall not relieve the Chief of Police from performing in accordance with the same.
(2) Operation of Department. The Chief of Police shall be responsible for the performance of the Police Department in all of its operations and functions and all officers and members and other personnel of the Police Department shall serve subject to his or her orders. He or she shall be responsible for the training of the officers and members in modern methods of crime prevention, detection and investigation and of the laws of the state relating to criminal and motor vehicle offenses and of the ordinances of the city.
(3) Authority to promulgate rules and regulations. The Chief of Police shall promulgate and prescribe from time to time such rules, regulations and general orders concerning the operation, organization, training and discipline of the Police Department, its officers and members and other personnel as hereinabove defined as he or she deems necessary to accomplish efficient performance in the operation of the Department. The rules, regulations and general orders shall not be inconsistent to or in conflict with the rules and regulations of the Civil Service Commission and shall cover the conduct of the officers and members and other personnel, the uniform and equipment to be worn or carried, hours of service, vacations and all other departmental related matters.
(4) Custodian of property. The Chief of Police shall receive and take care of and be custodian of all property delivered to the Police Department and shall provide receipts therefor.
(5) Property held as evidence. The Chief of Police shall provide for the safekeeping of all property which is to be used as evidence in any court proceeding and shall relocate the same only upon orders of the court, the State’s Attorney of Cook County, District Attorney of any federal court district or City Attorney, as the case may be and then only for presentation in court as evidence. The order for release shall be in writing and a receipt shall be given therefor. Unless otherwise provided for by court order, the property shall be returned to the Chief of Police when its use as evidence is terminated.
(6) Disposition of unclaimed, stolen or abandoned property.
(a) The Chief of Police shall dispose of abandoned, lost or stolen or otherwise illegally possessed property coming into his or her possession, in accordance with the provisions of the Illinois Law Enforcement Disposition of Property Act (765 ILCS 1030) or any amendment thereto.
(b) A report of disposition of such property including the receipt of net proceeds thereof shall be made to the Public Health and Safety Committee for reporting to City Council.
(7) Custodian of city jail. The Chief of Police shall be the custodian of the city jail and shall have custody of all persons incarcerated therein.
(8) Keeper of records. The Chief of Police shall keep, or cause to be kept in separate books provided for that purpose:
(a) A true and complete inventory and record of all police equipment, apparatus, property belonging to the Police Department and transactions concerning the same;
(b) A true and complete inventory and record of all other property belonging to other persons which has come into his or her custody, including property which is to be used in evidence and abandoned, lost, stolen or otherwise illegally possessed property. The record shall show the day that he or she received it, its description and value, name and address of the owner, if known, and place where found, or person from whom it was taken, name of officer on the case and the general circumstances connected therewith;
(c) A roster of officers and members of the Police Department and other personnel as herein defined and a daily duty or assignment record;
(d) Complaint, investigative and arrest reports;
(e) Accident, stolen motor vehicle, juvenile and coroner’s case reports;
(f) Shift reports, radio log records, fingerprinting records and court case dispositions; and
(g) Such other reports and records as he or she may deem advisable in the operation of the Department.
(9) Monthly and yearly reports. The Chief of Police shall report or cause to be reported to the City Council, directly or through the Public Health and Safety Committee, at least monthly at a regular meeting thereof, all monies received from the settlement of violations, claims, the number of traffic, misdemeanor and felony arrests, the number of traffic, misdemeanor and felony convictions, the amount of fines or penalties imposed by court on arrests made by the Department, or on any other matter concerning the operation of the Department. He or she shall as soon after the close of the fiscal year as practicable, make a written report to the City Council showing the condition of the Department and a summary of information required by him or her to be kept by records and reports. The yearly report shall be subscribed to by the Chief of Police and filed with the City Clerk, with copies of the same provided to the Mayor and Chairperson of the Public Health and Safety Committee.
(10) Delivery of records, reports and equipment to successor. On expiration of his or her term of office or resignation or removal therefrom, the Chief of Police shall deliver to his or her successor in office all records, reports, books, apparatus and equipment, and property of every description in his or her control and custody belonging to the city pertaining to said office.
(11) Rewards. The Chief of Police, for meritorious service rendered by any member of the Police Department in due discharge of his or her duty, may permit such member to retain for his or her own benefit so far as he or she may be permitted by law, any reward or present tendered him or her therefor, and it shall be cause for removal for any member of the Department to receive any such reward or present without notice thereof to the Chief of Police, and without his or her permission.
(12) Other powers and duties. The Chief of Police shall have such other and further duties and powers as have been or may be granted under the state statutes, or the ordinances of the city and the rules and regulations of the Civil Service Commission of the city.
(13) Tenure in office. The Chief of Police may be removed from office in the manner provided for removal of appointed city officers. In the event any officer or member of the Police Department holding rank within the classified service thereof, shall be appointed Chief, then upon the expiration of his or her term or the termination of his or her services as Chief, he or she shall resume his or her status and rank within the classified service.
(C) Deputy Chief.
(1) Powers and duties. The Deputy Chief shall serve at the direction of the Chief of Police and, upon delegation of the same by the Chief of Police, may exercise the powers and be assigned the duties as identified in division (B) above in addition to those duties provided for by applicable law.
(2) Salary. The salary for the Deputy Chief shall be determined yearly and included in the city’s appropriation ordinance.
(Prior Code, § 33.040) (Ord. 2013-253, passed 11-26-2013; Ord. 2022-023, passed 3-22-2022)