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Article IV Department of Police Section 4.270. 1. The board of police commissioners shall be in charge the department of police.2. The board shall consist of five members who shall be residents of the county for not less than three years next preceding their appointment. Not more than three members of the board shall belong to the same political party, and none shall hold any other public office, members of the organized militia or of the reserve corps of the armed services and notaries public excepted. The members of the board shall be appointed by the county executive with the approval of a majority of the entire county council. All such appointments shall become effective twenty days after such approval unless disapproved prior thereto by a majority of the circuit judges of the county. Members of the board shall serve overlapping terms of three years. Commissions shall be issued by the county executive to the persons so appointed designating the time for which appointed. Any vacancy in the board shall be filled by appointment and approval in like manner for the unexpired portion of that term. All members shall continue to serve until their respective successors shall have been appointed and qualified. 3. Any member of the board may be removed for cause by the county executive with the approval of a majority of the entire council, but such member shall first be presented with a written statement of the reasons therefor, and shall have the privilege of a public hearing if the member so requests. 4. The board annually shall select one of its members as chairman, one of its members as vice-chairman, and one of its members as secretary to serve during the ensuing year and until their respective successors are selected and qualified. Any member of the board or any other member of the department of police, who during the member=s term of office shall accept any other public trust or emolument, or who shall knowingly receive any nomination for any office elective by the people without publicly declining the same within twenty days succeeding such nomination, or who shall become a candidate for the nomination for any office at the hands of any political party, shall be deemed to have thereby forfeited and vacated office as such member of board or police department. 5. A majority of the board shall constitute a quorum for the transaction of business, but no action shall be taken by the board unless three concurring votes are cast. 6. The board shall have power to summon and compel attendance of witnesses before it, whenever necessary in the discharge of its duties and shall have power to administer oaths or affirmations in the premises to any person appearing or called before it. 7. The board shall have the following powers and duties: (1) to formulate policies governing the operation and conduct of the department of police; (2) to appoint as superintendent of police a person qualified and experienced in police administration and law enforcement, and to remove such superintendent by vote of a majority of the entire board; provided, however, that the superintendent shall first be presented with a written statement of the reasons therefor, and shall have the privilege of a public hearing if he so requests; (3) to hear and determine appeals from the decisions of the superintendent of police on disciplinary matters arising within the department; (4) to formulate standards for observance by police departments of municipalities of the county, in order to secure deputization of their personnel by the superintendent; (5) to promulgate, upon recommendation of the superintendent of police a manual of rules and regulations for the qualifications, conduct and discipline of personnel of the department of police, and its operation; (6) to hear and determine appeals from citizens from decisions of the superintendent regarding their complaints; (7) to have such other powers and duties with respect to police administration and law enforcement as the council may by ordinance provide; (8) to regulate and license all private watchmen, private detectives and private police serving or acting in the county and no person shall act as such without first having obtained such license as authorized by law or by ordinance. Penalties for the violation of regulations promulgated by the board under this sub section shall be prescribed by ordinance. From and after January 1, 1979 no municipality within the county shall enact or enforce any regulation or license of private watchmen, private detectives or private police. The expenses of regulation and licensing under this subsection shall be defrayed by fees from the licenses prescribed under this subsection and to the extent that said license fees are not sufficient to fund the regulation and licensing, such difference shall be financed by county general revenue funds. Section 4.275. 1. The superintendent of police shall have supervision, management, and control of, and be responsible to the board for the operation of the department of police and all personnel thereof and for the efficient and effective administration and performance of the duties, powers and functions of suppression of crime and other policing, and law enforcement, including traffic control, in the county invested by this charter in him and in the department of police. The superintendent shall devote his entire time to the duties of his office. 2. The superintendent of police and the department of police, including the duly authorized officers, agents and deputized representatives thereof shall have all the powers and perform all the duties of the sheriff and the constables with respect to preservation of order, prevention of crimes and misdemeanors, apprehension and arrest, conserving the peace and other police and law enforcement functions, except those powers and duties vested in other departments or officers of the county by this charter. In addition thereto, the superintendent and the department of police shall enforce the ordinances and orders of the council, and have such other powers and duties as may be provided by ordinance including, but not limited to, the performance of police duties in incorporated areas of the county under contract authorized or entered into by the council with the governing body of any such incorporated area. The superintendent shall also have the power to deputize members of the police departments of the various municipalities of the county and other persons under such standards, conditions and regulations as the board of police commissioners shall approve. Section 4.280. The superintendent of police shall appoint, employ, promote and retain all personnel and other employees of the department of police from applicants qualified in accordance with and pursuant to ordinance which shall provide for authority in the board of police commissioners, upon recommendation of the superintendent of police, to: provide minimum character, mental and physical qualifications to be met by personnel and examination and screening of applicants for positions in the police department; establish and amend rules for examination, certification and other necessary details of the personnel administration, in order to ensure reasonable tenure of office irrespective of political considerations. Said ordinance shall further provide against any kind of assessment for political purposes upon employees in the department of police; provide penalties for the violation of this section and the ordinances and rules adopted in connection therewith; and provide such other matters as may be necessary to fulfill the purposes of this section. The superintendent of police shall remove, suspend or take other disciplinary action against all personnel and other employees of the department in accordance with the provisions contained herein and the rules and regulations adopted by the board of police commissioners. In the event of an employee's discharge, he shall first be furnished with a written statement of the reasons therefor by the superintendent of police. All cases of disciplinary action shall be subject to each employee's right of appeal to the board of police commissioners, whose findings and orders shall be final and conclusive. |
