TITLE 5
POLICE REGULATIONS
CHAPTER 1
POLICE DEPARTMENT
SECTION:
5-1-1: Department Created
5-1-2: Chief Of Police
5-1-3: Deputy Chief
5-1-4: Commanders
5-1-5: Membership
5-1-6: Powers And Duties
5-1-7: Rules And Regulations
5-1-8: Collective Bargaining Agreements
5-1-1: DEPARTMENT CREATED:
There is hereby created a police department, an executive department of the city. The police department shall consist of the chief of police and of such number of lieutenants, sergeants and patrolmen as may be provided, from time to time, by the city council. (1988 Code §5.301)
5-1-2: CHIEF OF POLICE:
   A.   Office Created; Appointment: There is hereby created the office of chief of police. The chief shall be appointed by the city manager, with the approval of the council, and he shall be ex officio city marshal and superintendent of police. Such appointments shall not be limited to members of the police department. (1988 Code §5.302; amd. Ord. 2002.95, 4-21-2003)
   B.   Duties:
      1.   Jail: The chief of police shall be the keeper of the city jail and shall have custody of all persons incarcerated therein.
      2.   Records And Reports: He shall keep such records and make such reports concerning the activities of his department as may be required by statute or by the city council.
      3.   Police Department: The chief shall be responsible for the performance by the police department of all its functions and all persons who are members of the department shall serve subject to the orders of the chief of police. (1988 Code §5.305)
      4.   Stolen Property: The chief of police shall be the custodian of all lost and abandoned or stolen property in the city. (1988 Code §5.312)
      5.   Commander Selection: The chief of police shall be responsible for the selection and promotion of all commander and successively higher ranked officers within the police department, subject to the advice and consent of the city manager. Commanders and successively higher ranked officers shall not be subject to selection or promotion by the board of fire and police commissioners. (Ord. 2015.05, 5-4-2015)
5-1-3: DEPUTY CHIEF:
   A.   Powers And Duties: The deputy chief shall have and perform the following powers and duties:
      1.   Active direction and supervision over all commanders, sergeants and patrol officers subject to the supervision of the chief of police.
      2.   Professional development of the agency through training, policy and procedure development, as well as the expansion of capacity through programs such as administrative adjudication, technological opportunities, and recruiting programs.
      3.   Make recommendations for police related ordinances and revisions thereof, public relations, public education and shall assist in promoting skill in patrol officers, sergeants and commanders. (Ord. 2015.05, 5-4-2015)
5-1-4: COMMANDERS:
   A.   Powers And Duties: Commanders shall have and perform the following powers and duties:
      1.   Active direction and supervision over all sergeants and patrol officers subject to the supervision of the chief of police and deputy chief.
      2.   Assigning officers and employees consistent with personnel assignments established by the chief of police and deputy chief, giving particular attention to police zones where the largest number of crimes are committed and where traffic accidents and congestion are most frequent.
      3.   Investigating and rectifying traffic hazards, maintaining officer discipline, instructing officers, enforcing report for duty rules, maintaining officer morale, recommending commendations, coordinating shifts, assuring property officer coverage in case of sickness and disability, enforcing uniform rules and assisting in preserving officer respect and observation of departmental chain of command - all subject to the supervision of the chief of police and deputy chief. (Ord. 2015.05, 5-4-2015)
5-1-5: MEMBERSHIP:
   A.   Qualifications:
      1.   Statute Qualifications: No person shall be appointed to the police department who is not qualified by statute.
      2.   Residency: Every person appointed to the police department shall be a resident of the city or shall become a resident of the city within six (6) months after the date of his appointment.
      3.   Language; Felonies: Every such person appointed to the police department must speak the English language understandingly and shall not have been convicted of a felony.
      4.   Investigation And Fingerprints: No person shall be appointed to the police department until his verified employment application and fingerprints have been submitted to the FBI for use in a record check.
      5.   Other Requirements: In addition to the foregoing, the board of fire and police commissioners of the city 1 shall make rules for other physical and mental tests and requirements. (1988 Code §5.313; amd. Ord. 2015.05, 5-4-2015)
   B.   Appointments And Dismissals:
      1.   General Membership: Appointments to, promotions and dismissals within the police department, except for the position of the chief, shall be made by the board of fire and police commissioners, after examination, as is provided by statute 2 . (1988 Code §5.304; amd. Ord. 2015.05, 5-4-2015)
      2.   Chief Of Police: The chief may be removed from office with or without cause by the city manager and four-fifths (4/5) of the council; however, a policeman not otherwise subject to dismissal by the council shall not be dismissed as a policeman merely by his dismissal from the office of chief of police, but shall resume his rank within the police department held immediately prior to his appointment as chief with seniority added for his time in office as chief. (1988 Code §5.304; amd. Ord. 2002.95, 4-21-2003; Ord. 2015.05, 5-4-2015)
   C.   Conduct Of Members: It shall be the duty of every member of the police department to conduct himself in a proper and law abiding manner, at all times, and to avoid the use of unnecessary force. Each member of the department shall obey the orders and directions of his superior. (1988 Code §5.308; amd. Ord. 2015.05, 5-4-2015)
5-1-6: POWERS AND DUTIES:
   A.   Enforcement Of Law: It shall be the duty of the members of the police department to see to the enforcement of all of the ordinances of the city and all statutes applicable herein and to preserve order and prevent infractions of the law and arrest violators thereof. (1988 Code §5.306; amd. Ord. 2015.05, 5-4-2015)
   B.   Serving Process: No member of the police department except the chief shall serve any civil process, except on authorization of the chief of the police department. (1988 Code §5.307; amd. Ord. 2015.05, 5-4-2015)
   C.   Appearance As Witness; Fees: Any member of the police department shall appear as witness whenever this is necessary in a prosecution for a violation of an ordinance or of any state or federal law. No such member shall retain any witness fee for service as witness in any action or suit to which the city is a party and fees paid for such services shall be turned over to the chief of police, who shall deposit the same with the city clerk. (1988 Code §5.309; amd. Ord. 2015.05, 5-4-2015)
5-1-7: RULES AND REGULATIONS:
The chief of police may make or prescribe such rules and regulations for the conduct and guidance of the members of the police department as he shall deem advisable, and such rules shall be binding on such members. (1988 Code §5.310; amd. Ord. 2015.05, 5-4-2015)
5-1-8: COLLECTIVE BARGAINING AGREEMENTS:
Subject to these provisions and subordinate thereto, the provisions of collective bargaining agreements, from time to time, shall govern the department. (1988 Code §5.314; amd. Ord. 2015.05, 5-4-2015)

 

Notes

1
1. See title 2, chapter 4 of this code.
2
2. 65 ILCS 5/10-2.1-6.