(a) Purpose. To assist the Mayor and City Council in providing a safe and efficient police force for the protection of all citizens and visitors.
(b) Authority. City Council hereby authorizes the formation of a Police Committee to be comprised by two Councilmen, one from each ward, appointed by the Mayor, one who will be appointed as Commissioner of Police or Chairman, and the other a voting member who shall be the authority to fill in as Commissioner of Police or Chairman in cases of emergency or absence.
The said Committee will also be comprised of six citizens, three from each ward who will be selected by the Commissioner of Police or Chairman and recommended to City Council for approval.
(c) Finances. It shall be the responsibility of the Police Committee to monitor its annual budget and encourage the Police Department to maintain financial control. This may require the assistance of the City Clerk and the Chairman of the Finance Committee.
The Police Committee may at times find it necessary to make recommendations to the Finance Committee or City Council for budget requests or adjustments for various reasons.
The Police Committee should also examine the income brought to the City through fines and arrests each month for a more stable financial foundation.
However, at no time should the Police Committee set financial goals or encourage fines and arrests for the sole purpose of increased funds or budget inducements.
(d) Hiring. When informed by City Council that a new police officer is needed, it shall be the responsibility of the Police Committee to advertise for the position or opening, and accept applications through the office of the City Clerk. This would include any position other than patrolman that would affect the police budget (ex. crossing guard, meter main, clerical, etc.). Advertising for employment would be done through state and federal guidelines.
Once applications have been received, it shall be the duty of the Police Committee or a smaller internal committee to interview qualified applicants so that a final selection for employment may be recommended to City Council for their approval.
(e) Patrolman Citizen Complaints. In order to prevent Committee meetings from being monopolized by complaints, whether by patrolmen or citizens, the Police Committee shall have a three-person Board comprised by one Committee person from each ward, appointed by the Chairman and also the Chairman who would make the third member of said Board. The Committee ward representative may be alternated by the Chairman at his/her will and pleasure. The Board would meet when needed or called upon the Chairman and would review any and all written complaints pertaining to the Police Department or its employees. A written recommendation, if action is necessary, would then be forwarded to any of the following for action:
(1) Mayor;
(2) City Council;
(3) Ethics Committee;
(4) City Solicitor or Judge; and/or
(5) Returned to the Police Committee.
(f) Committee Responsibilities. In order to provide a safe and efficient Police Department for all citizens, and to assist City Council, the Police Committee would also be responsible for the following:
(1) Uniforming and equipment of all employees;
(2) Maintenance and repair program and monitoring of all emergency vehicles, cruisers, etc.;
(3) Monitor and schedule daily work routines for employees (ex., business checks, radar routine, patrol areas, etc.);
(4) Parking meters - violations and collections;
(5) Review City ordinances, request amendments or request new laws where needed;
(6) Annual review of personnel files if needed;
(7) Review duties of crossing guards and meter maids;
(8) Communicate with City Solicitor and City Judge for problem areas or recommendations;
(9) Review and regulate training programs;
(10) Make sure all newly hired officers meet State of West Virginia certification laws;
(11) Make sure all certified officers meet State of West Virginia certification laws;
(12) Discuss monthly reports and Department functions with the Chief of Police;
(13) Maintain a set of written rules and regulations for all employees in writing (vehicle rules, personal conduct, manner of dress, etc.);
(14) Consider pedestrian and homeowner security as well as motor vehicle safety;
(15) Meet monthly on a regular basis or sooner when necessary; and
(16) Implement and coordinate public information/relation projects.
(g) Department Policy. It shall be the duty of the Police Committee to draft and amend when necessary all policies regarding the Police Department. All policies should be in writing and forwarded to City Council for their final approval.
It shall be the duty of the Chief of Police to see that all policies are followed by his employees whether they be patrolmen, crossing guards, meter maids, etc.
The Chief of Police is not exempt from any policy and must set an example for the Department to follow.
(h) Discipline. The Police Committee should put in writing all rules and regulations that could pertain to disciplinary actions and the proper procedure for the Chief of Police to use when he deems such improprieties would warrant disciplinary action. This would include notification to the employee of his rights of appeal, if any.
(i) Chain of Command. The New Cumberland City Charter states that the Mayor as Chief Executive Officer of the City is in charge of all police, including the Chief of Police, who at this time is appointed by the Mayor.
The Chairman of the Police Committee, an elected Councilman, and also appointed as Chairman or Commissioner of Police by the Mayor, shall serve as second in command especially in the absence of the Mayor.
The Chief of Police is in charge of and responsible for the actions of all police officers and other police employees. His duties and responsibilities are outlined in the City Charter.
The Assistant Chief of Police will be fourth in command, but act only in the absence of the Chief of Police.
At the recommendation of the Police Committee, City Council may approve of various ranks for patrolmen to complete this “chain of command”. When there is no apparent rank between two or more patrolmen, the senior officer or the patrolman with the most tenure shall assume temporary command until such authority is contacted or arrives and assumes the responsibility of such situations meriting “an officer in charge”.
(j) Executive Orders. The Mayor and Commissioner of Police, when possible, should direct any orders, changes, requests, etc., through the Chief of Police. At no time should the Mayor or Commissioner of Police direct orders to patrolmen if they are unsure of consequences that could endanger lives or put the City or citizens in any type of legal or financial restraints.
Any Councilman may contact an on-duty patrolman and request special police work due to citizen complaints, etc. However, only the Chief of Police, Commissioner or the Mayor may give a direct order to Police Department employees. All Councilmen have the right to a formal complaint and hearing on any City employee.
A patrolman who refuses to acknowledge with total disregard any complaint within his professional ability may be subject to dismissal. All Councilmen were elected by the people and are also trying to do their best to answer all complaints.
(k) City Charter. All Committee members should familiarize themselves with the City Charter located in the City Clerk’s office. This will outline for each member the responsibilities of the Mayor, Councilmen and Chief of Police.
(l) City Solicitor. The City Solicitor shall be the final word in any and all questions posed by the Committee. At no time will the Police Committee use the advice of the City Judge, any county official, any other law enforcement officer, magistrate, or any person offering legal advice without first taking said information in writing through the office of the City Solicitor for a final review and/or opinion.
(m) Restrictions. Members of the Police Committee will refrain from the following:
(1) Giving orders to patrolmen;
(2) Questioning individual arrests during a public meeting;
(3) Discussing privileged information outside the Committee meetings or City Hall;
(4) Infer to any individual, group or business that he/she is a representative of the Police Department;
(5) Impede with the regular duty of a police officer using the Police Committee as a grounds for discipline, debate, embarrassment or dismissal.
(n) Dismissal. The Police Committee may recommend to City Council the permanent dismissal of any Police Department employee but must do so in writing.
Copies of the charges against that employee along with the Committee’s recommendation should be presented to the Mayor, Chief of Police and City Solicitor immediately.
The Mayor has the authority to suspend any officer or employee immediately and would be challenged to do so in certain instances.
(o) Reports to City Council. It is the responsibility of the Commissioner of Police or Chairman to report at each and every City Council meeting the progress and results of the monthly Police Committee meetings. (Ord. 90-001. Passed 4-2-90.)