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3.011 Adoption of Statutory Powers for Police Officers 3.06 Compensation Benefits 3.10 Auxiliary Police Corps 3.13 Disposal of Certain Types of Property in Possession of the Police Department
3.01. Police Department. There is established within the Village of Big Bend a Police Department, which shall consist of one Chief and such other officers as may from time to time be determined by the Village Board. 3.011 Adoption of Statutory Powers for Police Officers. Each officer of the Department shall possess the powers conferred on marshals and constables by law and shall preserve the public peace and enforce the laws and ordinances of the State of Wisconsin and the Village of Big Bend subject to the orders, rules and regulations of the Chief and the Village Board. Back to top
3.015 Police and Fire Commission.
members, four (4) of which shall be citizen members and one (1) of which may be a Trustee. Three (3) members shall constitute a quorum. All members of the Police Commission shall be residents of the Village of Big Bend except one (1) citizen member may be a non-resident owner or manager of a business located in the Village of Big Bend. (Ord. 06-07)(7/6/06). of Police and the Fire Chief who shall hold that office during good behavior, subject to suspension or removal by the Commission for cause. necessary. ($10.00) dollars per meeting except that any Trustee who is member of the Police Commission shall not receive compensation. (Ord. 91-1) subject to confirmation by the Village Board with one member serving for a term ending May 1, 1999, one member shall serve for a term ending on May 1, 2000, one member shall serve for term ending on May 1, 2001, one member shall serve for a term ending on May 1, 2002, and one member shall serve for a term ending on May 1, 2003. Subsequent appointments shall be for five year terms. All vacancies shall be filled by appointment by the Village President for the unexpired term subject to confirmation by the Village Board. (Ord. 98-2). its members who shall hold office for a term of one (1) year. The Commission shall keep a record of all its proceedings. subordinate's employment or promote a subordinate subject to approval by the Commission. rules and regulations governing the Police Department subject to approval of the Police and Fire Commission. thereto so far as the same are applicable are hereby incorporated herein and shall be effective in the same manner as if set forth full herein. The term "Board" which appears in section 62.13 (5) (a)-(j) shall be for the purpose of this Ordinance interpreted to mean the Police and Fire Commission. remove any subordinate who is on a probationary status without the necessity of granting said subordinate a hearing. In addition thereto, the Commission may suspend or remove the Chief summarily in the same manner, if said chief is employed on a probationary status. (2010-06/5-6-10)
3.02 Appointments, Suspension, And Removal. All members of the Police Department, including the Chief, shall be appointed, promoted, suspended, dismissed or reduced in rank pursuant to sections 61.65 and 62.13, WI Stats.
3.03 Chief Of Police. Board and the Village President, the Chief of Police shall be in charge of the Police Department. The Chief of Police shall be the Village Marshal ex officio upon executing and filing his official bond as such Marshal pursuant to section 61.28, WI Stats.
2. Duties. The Chief of Police, subject to the provision of this Chapter, shall cause the public peace to be preserved and see that all ordinances of the Village and the laws of the State of Wisconsin are enforced and obeyed. That the rules and regulations for the governing of the Police Department are obeyed and whenever any violation of the ordinances or laws shall come to his attention, he shall cause the requisite complaint to be made and see that all available evidence is procured for the successful prosecution of the offender or offenders. He shall be responsible for the efficient and general good conduct of his department, and shall be empowered to make regulations to accomplish efficiency. require, may receive from any person who has been accused of violating a Village ordinance and has been arrested therefore, a deposit in money equal to the whole amount of the penalty and cost prescribed for such violation and may release such person from arrest until the subsequent convening of the Court, but in each such case he shall issue a serially-numbered receipt for such payment, a duplicate of which shall be permanently filed at Police Headquarters within six (6) hours after the issuance of same. If the person arrested fails to appear personally or by authorized agent or attorney before the court at the time fixed for hearing, the money deposited with the Chief shall be retained and used for the payment of the forfeiture and costs which may be imposed, and balance, if any, remitted to the depositor, and evidence of such payment shall be permanently filed at Police Headquarters. If such person is acquitted, the whole amount shall be refunded to the depositor. The Village shall in no case be liable for any money so deposited. No member of the Police Department shall furnish bail for any person arrested. The Chief may empower any member of his department to accept such deposits, however, the Chief is solely responsible for all payments, rebates, and accounting of funds so deposited. 4. Records. The Chief shall cause a record to be kept of all complaints and applications calling for the service of the Police Department. He shall also cause to be made a daily record of all violations of law and ordinances, fires within the Village dangerous places and accidents with cause and proofs, and such other data as may be prescribed from time to time by the Village Board or Police Commission. report of such departmental matters as may be prescribed from time to time by the Village Board.
6. Residency. The Chief shall be required to reside within twenty (20) miles of the Village of Big Bend Village Hall. (revised 5/6/99; Ord 99-2)
3.04 Lieutenant. There may be a Lieutenant of the Department who shall assume the powers and duties of the Chief in his absence.
3.05 Sergeant. There may be a Sergeant of the Department who shall be the superior officer to all policemen other than the Chief and the Lieutenant who shall assume the powers and duties of the Chief in his absence.
3.06 Compensation Benefits. of the Police Department shall be as determined by the Village Board from time to time. 2. Contracts. Notwithstanding subsection (1) hereof, the Village Board may enter into employment contracts with the Chief of Police and other members of the Police Department with regard to compensation, benefits and conditions of employment.
3.07 Peace Officers. The President and each Trustee shall be Officers of the Peace and may suppress in a summary manner any riot or disorderly conduct in the streets or public places of the Village, and may command assistance of all persons, under the same penalty for disobedience provided in section 3.08 of this Chapter.
3.08 Civilians To Assist. It shall be the duty of all persons in the Village, when called upon by any Police Officer or Peace Officer, to promptly aid and assist him in the execution of his duties. 1. Creation. There is created a Police and Fire Commission which shall consist of five (5) members, four (4) of which shall be citizen members and one (1) of which may be a Trustee. Three (3) members shall constitute a quorum. All members of the Police and Fire Commission shall be residents of the Village of Big Bend except (1) citizen member may be a non-resident owner of a business located in the Village of Big Bend. 2. Appointment of Police and Fire Chiefs. The Police and Fire Commission shall appoint the Chief of Police and the Fire Chief who shall hold those offices, respectively, during good behavior, subject to suspension or removal by the Commission for cause. 3. Meetings. The Police and Fire Commission shall meet at such other times as may be deemed necessary. 4. Compensation. Police and Fire Commission members shall be reimbursed at the rate of $10.00 per meeting except that any Trustee who is member of the Police and Fire Commission shall not receive compensation. 5. Terms of Members. The Police and Fire Commission shall be appointed by the Village President subject to confirmation by the Village Board with one member serving for a term ending on May 1, 2010, one member shall serve for a term ending on May 1, 2011, one member shall serve for a term ending on May 1, 2012, one member shall serve for a term ending on May 1, 2013, and one member shall serve for a term ending on May 1, 2014. Subsequent appointments shall be for five year terms. All vacancies shall be filled by appointment by the Village President for the unexpired term subject to confirmation by the Village Board, 6. Officers. The Police and Fire Commission shall appoint a chairman and secretary from among its members who shall hold office for a term of one (1) year. The Commission shall keep a record of all its proceedings. 7. Personnel. The Police and Fire Chiefs, respectively shall have the authority to hire subordinates, terminate an subordinate;s employment or promote a subordinate subject to approval by the Commission. 8. Rules and Regulations. The Police and Fire Chiefs shall have the power to adopt and change rules and regulations governing the Police and Fire Departments, respectively, subject to approval of the Police and Fire Commission. 9. Disciplinary Actions. a. The Provisions of Sec.. 62.13(5)(a)-(j) of WI Stats for 2007-2008 and all actions amendatory thereto so far as the same are applicable are hereby incorporated herein and shall be effective in the same manner as if set forth full herein. The term "Board" which appears in Section 62.13(5)(a)-(j) shall be for the purpose of this ordinance interpreted to mean the Police and Fire Commission. b. The Chiefs of the Police and Fire Departments respectively shall have the right to summarily suspend or remove any subordinate who is on a probationary status without may suspend or remove either Chief summarily in the same manner, if said Chief is employed on a probationary status. (Ord 2010-06; 5-6-10)
3.10 Auxiliary Police Corps. The Big Bend Auxiliary Police Corps is created for the Village and grants official status and sanction by the Village Board. It shall be under the direct supervision of the Chief of Police, and under the control of the Village Board. Its internal organization shall be governed by the members of such corps. It shall consist of volunteers dedicated to carry out the purpose of the Emergency Government Program and to aid and assist the Police Department and Village in protection of life and property in emergencies. 3.12 Residence. Whenever practicable, members of the Police Department shall be residents of the Village Back to top
3.13 Disposal of Certain Types of Property in Possession of the Police Department. 1. Definitions. a. Abandoned/Found/Unclaimed is defined as any property reported to the Department as abandoned either on public or private property, where the owner is unknown or may be known, but cannot immediately receive the property. b. Safekeeping is defined as property that is placed in the custody of the police department on a temporary basis to facilitate the safety of officers and citizens and the owner of the property is known. c. Evidence is defined as any item received by the department which may be necessary to assist in the prosecution of a criminal or ordinance violation. 2. Disposal of Property. a. Any property listed above in 1.a. and 1.b. may be disposed of after thirty (30) days in accordance with Wisconsin State Statute 66.0139(2) if the following criteria are met by the Police Department. 1. Any known owner of the property is duly notified in writing that their property is in the custody of the police department and will be disposed of unless claimed. 2. The property has been determined not to be connected to any criminal offense.
b. Any evidence as defined above in 1.c will be disposed of per Wisconsin State Statutes 968.20. 1. An investigation will be conducted to the status of the underlying case.
a. If the case had been adjudicated in Municipal Court, the property control officer will determine whether to destroy for discard the item, retain the item, or return the item to tis owner. b. If the case had been adjudicated in State or Federal Court, the property control officer will consult with the prosecutor (if possible) to determine whether to destroy or discard the item, retain the item, or return the item to its owner. 2. Biological evidence is referenced in State Statute 968.205. Due to the diverse retention schedule, these types of evidence will only be destroyed with the permission of the District Attorney or his/her designee. 3. Disposal of controlled substances will only be done with the approval of the Chief of Police. This disposal will be done as directed by the Chief with a minimum of two supervisors present. c. Means of Disposal 1. Destroy of discard the property it it is of negligible value. The method of destruction will be determined by the Chief based upon the item to be destroyed. 2. Sell the property at police auction. All proceeds to be deposited into the Village's general fund. 3. Retain property for use by the Village. d . Records 1. All correspondence records of disposal shall be kept on file at the police department for a period of not less than two (2) years in accordance with WI Stats. 66.0139(2). (Ord. 2009-06/11/5/09 revised ord. 2012-03 02/23/12)) |