SECTION 8-5: PUBLIC SAFETY581, HEALTH AND HUMAN SERVICES582.
   A.   The Police Department583.
      (1)   The Police Department shall be responsible for the preservation of the public peace, prevention of crime, apprehension of criminals, regulation of traffic, protection of the rights of persons and property and enforcement of the Laws of the State and the Ordinances of the Town and all rules and regulations made in accordance therewith584.
      (2)   All sworn members of the Department shall have powers and duties with respect to the service of criminal process and enforcement of criminal laws as are vested in police officers by the General Statutes585.
      (3)   Nothing herein shall be construed to limit the power of special constables appointed in accordance with the General Statutes586.
      (4)   The Chief of Police - Powers and Duties587. The head of the Police Department shall be the Chief of Police who shall be responsible for the general management and operations of the Police Department. In this regard, the Chief shall propose, in writing, policies, rules and regulations concerning the general management and operations of said Department and the conduct of all its members, subject to approval by the Police Commission, as set forth in § 7-2.D of this Charter 588.
         (a)   Appointment589. The Mayor shall appoint the Chief of Police as set forth in § 8-2.B of this Charter; however, the Chief may be removed from office in accordance with the provisions of the General Statutes 590. The Chief of Police shall hold office until Completion of Service or until a successor shall be appointed and shall have qualified 591.
         (b)   Qualifications592. The Chief of Police shall meet the requirements, qualifications and certifications as may be set forth in the General Statutes and required by the Town in accordance with nationally accepted professional standards and best practices in the applicable field as developed pursuant to § 8-2.F of this Charter.
         (c)   Additional Duties and Responsibilities.
            (i)   The Chief shall be responsible for the training, efficiency, discipline and good conduct of all members of the Department and the care and custody of all property used by the Department, and shall consult with and receive the advice of the Police Commission on the general management of the Department, including, but not limited to, prior consultation on budgetary matters and as otherwise required by § 7-2.D and § 8-1.C of this Charter593.
            (ii)   The Chief may discipline members of the Department for violation of rules and regulations of the Department. Any such disciplinary action may be appealed by the individual to the Police Commission. The appeal of such disciplinary action shall stay the imposition of the discipline until the appeal is decided by the Commission unless the Chief finds that immediate suspension with pay is required to ensure the public safety, which finding is subject to immediate review by the Commission594, 595.
            (iii)   The Chief shall assign all members of the regular divisions to their respective posts, shifts, details and duties596.
         (iv)   The Chief shall provide monthly reports to the Police Commission and, through the Director of Finance, the Legislative Council and Finance Commission pertaining to overtime expenditures for the prior completed month and all reasons and legal authority for said overtime. Said reports shall commence on the fifteenth (15th) day of January 2023 and the fifteenth (15th) day of every month thereafter.
   B.   The Fire Department.
      (1)   The Fire Department shall consist of the regular and volunteer divisions which shall be responsible for the protection of life and property in the Town from fire and other like disasters and emergencies, and for the enforcement of all Laws, Ordinances, and regulations relating to fire prevention and fire safety597.
      (2)   The Fire Chief - Powers and Duties598. The head of the Fire Department shall be the Fire Chief who shall be responsible for the general management and operations of the Fire Department. In this regard, the Chief shall propose, in writing, policies, rules and regulations concerning the general management and operations of said Department and the conduct of all its members, subject to approval by the Fire Commission599.
         (a)   Appointment600. The Mayor shall appoint the Fire Chief as set forth in § 8-2.B of this Charter; however, the Chief may be removed from office in accordance with the provisions of the General Statutes 601. The Fire Chief shall hold office until Completion of Service or until a successor shall be appointed and shall have qualified 602.
         (b)   Qualifications603. The Fire Chief shall meet the requirements, qualifications and certifications as may be set forth in the General Statutes and required by the Town in accordance with nationally accepted professional standards and best practices in the applicable field as developed pursuant to § 8-2.F of this Charter.
         (c)   Additional Duties and Responsibilities.   
            (i)   The Fire Chief shall assign all members of the regular divisions to their respective posts, shifts, details and duties604.
            (ii)   The Fire Chief shall be responsible for the training, efficiency, discipline and good conduct of the regular and volunteer divisions and for the care and custody of all property used by the Department605.
            (iii)   The Fire Chief shall consult with the Fire Commission on the general management of the Department, including, but not limited to, prior consultation on budgetary matters and as otherwise required by § 8-1.C of this Charter606;
            (iv)   The Fire Chief may discipline members of the Department for violation of rules and regulations of the Department, where applicable in accordance with the General Statutes607.
            (v)   Any such disciplinary action may be appealed by the individual to the Fire Commission. The appeal of such disciplinary action shall stay the imposition of the discipline until the appeal is decided by the Commission unless the Chief finds that immediate suspension with pay is required to ensure the public safety, which finding is subject to immediate review by the Commission608.
            (vi)   The Fire Chief shall provide monthly reports to: (a) the Fire Commission and, through the Director of Finance, to the Legislative Council and Finance Commission pertaining to overtime expenditures for the prior completed month and the reasons and legal authority for said overtime; and, (b) the Legislative Council and Fire Commission pertaining to inspection reports. Said financial reports shall commence on the fifteenth (15th) day of January 2023 and the fifteenth (15th) day of every month thereafter.
      (3)   The Fire Marshal609. The Fire Marshal(s) and Deputy Fire Marshal(s) shall be appointed as set forth in § 7-2.E(3)(d) of this Charter 610.
      (4)   Volunteer Companies611. Nothing in this Charter shall be construed to affect the organization, status or property of the active volunteer fire companies. Whenever regular and volunteer companies are acting together, they shall be under the command of the ranking officer of the regular Fire Department present at the scene.
   C.   Health and Human Services Departments.
      (1)   Generally612. Departments 613 responsible for human services shall be established by Ordinance, in accordance with 8-2 of this Charter. Said Departments shall (1) be charged with key human service functions such as community and social services, recreation and other related services; and, (2) always have in place up-to-date action plans to address the needs of families, children, youth, adults and the elderly. These plans shall be implemented in close coordination with the appropriate Federal and State offices and with other pertinent private and public agencies.
      (2)   The Health District614. Under provisions of the General Statutes governing Health Districts, the Town is authorized to enter into such a District. Any provisions of this Charter to the contrary notwithstanding, if such a District is joined, it shall act in place of the Health Department and the District Director shall act as Health Director for the Town.
         (a)   At the time of the adoption of this Charter in 2011 and 2022, the Town was party to an agreement utilizing the services of the Quinnipiack Valley Health District. Said continued utilization of the services of the Health District is subject to the approval of the Town.
         (b)   Notwithstanding the foregoing, the Town may choose to provide health services to its residents in any manner as may be granted by the General Statutes.
                                        
581   1983 Charter Chapter X.
582   Charter Revision of 2011.
583   1983 Charter § 10-1.
584   1983 Charter § 10-1 (first sentence).
585   1983 Charter § 10-1 (second sentence).
586   1983 Charter § 10-1 (third sentence).
587   2022 modification of 1983 Charter § 10-2.
588   Consistent with 1983 Charter § 10-2 (second sentence).
589   2011 modification of 1983 Charter § 10-2 (first sentence); in lieu of the following: "...shall be appointed by the Mayor subject to the approval of the Council and shall be subject to removal subject to the provisions of the General Statutes".
590   C.G.S. 7-278 entitled "Hearing prior to dismissal of municipal police head. Just cause requirement. Appeal".
591   Charter Revision of 2011. Consistent with current practice.
592   Charter Revision of 2011.
593   2022 modification of 1983 Charter § 10-2 (third sentence).
594   Consistent with 1983 Charter § 10-2 (second and fourth through sixth sentences).
595   1983 Charter § 10-4 is repealed, as follows: "Dog Warden. The Mayor shall appoint and may remove a Dog Warden and such assistants as may be necessary whose term of office and duties shall be as provided by the General Statutes. The Animal Control Officer shall be responsible to the Police Chief in the performance of these duties".
596   Charter Revision of 2011.
597   1983 Charter § 10-7.
598   2011 modification of 1983 Charter § 10-8 (first sentence) by adding the following clause: "who shall be responsible for the operation of the Fire Department and shall propose rules and regulations concerning the operation of said Department and the conduct of all its members, subject to approval by the Fire Commission".
599   Consistent with 1983 Charter § 10-8 (third sentence).
600   2011 modification of 1983 Charter § 10-8; in lieu of the following: "...who shall be appointed by the Mayor subject to the approval of the Council and shall be subject to removal subject to the provisions of the General Statutes".
601   See, C.G.S. 7-302 entitled "Hearing prior to dismissal of fire department head. Appeal".
602   Charter Revision of 2011. Consistent with current practice.
603   Charter Revision of 2011.
604   Consistent with 1983 Charter § 10-8 (second sentence).
605   Consistent with 1983 Charter § 10-8 (fourth sentence).
606   Consistent with 1983 Charter § 10-8 (fifth sentence), by adding the following in lieu of the "affairs of the Fire Department": "...general management of the Department, including, but not limited to, prior consultation on budgetary matters and as otherwise required by § 8-1.C (2) of this Charter".
607   Consistent with 1983 Charter § 10-8 (sixth sentence).
608   Consistent with 1983 Charter § 10-8 (seventh and eighth sentences).
609   Charter Revision of 2011.
610   See, C.G.S. 29-297 entitled "Appointment of local fire marshals, deputies and provisional fire marshals".
611   1983 Charter § 10-10.
612   2022 modification of 2011 § 8-5.D.
613   "Department" includes "and agencies".
614   2022 recodification of 2011 § 8-5.C derived from 2011 modification of 1983 Charter § 11-3. 1983 Charter §§ 11-1 and 11-2 repealed.