The text
DIVISION 1. - GENERALLY#
Sec. 22-19. - Composition.#
The police division of the department of public safety of the city shall consist of the superior officers appointed under the provisions of the Charter and as many police patrol officers as the director of public safety deems necessary.
(Code 1973, § 21-1; Code 1994, § 22-26; Ord. of 6-25-2007(2))
Sec. 22-20. - Hiring procedures.#
(a)
Legislative findings.
(1)
It is the policy of the city to provide high-quality police service to our community. Quality policing is provided by professional, well-trained individuals working together. Selecting the best people to be our community's police is essential to the make-up of the police department and the fundamental aim of a recruiting program. A proactive, positive approach to police recruiting is necessary to attract quality applicants representative of the demographics of the city. Recruiting is conducted when needed to maintain service strength.
(2)
It is the policy of the city to identify and employ the best-qualified individuals to perform the tasks and functions of the police department without regard to race, color, religion, sex, age, national origin, ancestry, sexual orientation, gender identity or expression, socioeconomic status or mental, physical, developmental, or sensory disability. The department prohibits discrimination against any person in recruitment, appointment, training, promotion, retention, discipline, or any other aspect of personnel administration for reasons of political or religious opinions, affiliations, or because of race, color, national origin, physical disability, or age, except where specific age or physical requirements constitute a bonafide occupational qualification necessary to properly and efficiently perform the functions of the job.
(3)
It is the policy of the city to actively encourage women and traditionally under-represented populations to apply for employment in all positions within the police department. All persons should have equal opportunities in recruitment, selection, appointment, promotion, training, discipline and related areas.
(b)
The director of human resources shall advertise through statewide printed media and the subsequent methods of community outreach that applications are being accepted for the position of police officer grade II. Notice will be given to applicants of the time and place where competitive exams will be held.
(1)
Applications will be made available online to create better accessibility for potential candidates.
(2)
Demographically under-represented and female officers will be depicted in the law enforcement role in department publications whenever possible to encourage potential female and demographically under-represented candidates.
(3)
Female officers or officers who are demographically under-represented within the department, whenever possible, will actively encourage recruitment of potential candidates.
(4)
The police department will participate in information sessions, and career fairs to encourage potential candidates; when possible utilizing female and demographically under-represented officers.
(5)
The police department will build upon relationships with high schools, colleges, and universities to attract potential candidates.
(6)
The police department will work with groups in the community representing the community's diversity to build relationships and encourage potential candidates.
(7)
Advertising will be formatted in all languages that are spoken by at least ten percent of city residents as determined by the United States Census Bureau.
(8)
Advertising will include print, web and radio broadcasts on local media outlets.
(9)
Advertising will be distributed to local area businesses in targeted areas of the city.
(c)
All statements of police officer applicants relative to eligibility are subject to verification by authentic proof thereof, and applicants shall authorize the director of human resources to make legitimate investigations as to residency, citizenship, education and/or evidence of eligibility.
(d)
Any person who has ever been convicted of a crime or has been placed on a term of probation, or has received a deferred sentence, or a filing after entering a plea constituting an admission to a complaint, information or indictment may be ineligible for appointment to the police department.
(e)
No person shall be appointed unless they are a citizen of the United States. All applicants must be high school graduates or have received a GED certificate.
(f)
No applicant for the position of police officer may be younger than 18 years of age on the date of application.
(g)
An applicant's eligibility for the position of police officer grade II shall be established by the following criteria:
(1)
The human resources department shall make available an application form which prospective candidates must complete without the aid or assistance of any other person. Statements that are materially false shall result in disqualification or if discovered after appointment shall be cause for dismissal.
(2)
Applicants shall be examined by their physician to determine their ability to perform a physical fitness exam without substantial risk of injury. Results of such examination shall be forwarded to the city on a form supplied by the city.
(3)
A physical fitness exam shall be required of all applicants. This exam shall be consistent with the state municipal police training academy standards. The physical fitness requirements shall be conducted by the police department with the assistance of one or more certified physical fitness specialists selected from a list provided by the state municipal police training academy. Each candidate participating shall be scored on a pass/fail basis for each of the required activities.
(4)
Candidates who have passed the physical examination shall be required to take a written examination. Such examination shall be prepared and scored by an independent examination service selected by the director of human resources. The maximum score for the written examination shall be 40, provided that an additional four points shall be awarded for those who have established documented legal residency in the city for at least one year prior to application to the department, an additional two points shall be awarded for any veteran honorably discharged from the U.S. Armed Forces, and an additional four points shall be awarded for any person fluent in any second language as spoken by at least ten percent of city residents as determined by the United States Census Bureau for a final, total maximum score for the written examination of 50.
(5)
An oral examination is to be given to the top 25 scores on the written examination by a four member board consisting of the following, or his or her designee: the public safety director, the chief/colonel of the police department, the director of human resources and a woman or demographically under-represented police officer from the city police department as designated by the police union of the city. The oral examination shall be recorded on video. The oral examination shall consist of questions designed to test past experience, personality, alertness, confidence, qualifications, diversity awareness, professional bearing, and judgment of the applicant. The members of the board are required to evaluate the applicant on a zero to ten point system for each of the ten interview questions. At no time may any two board members scoring be more than two points apart per question. The candidate's total score for the oral examination shall be computed by dividing the combined scores of the examiners by eight. The maximum score for the oral examination shall be 50.
(6)
Candidates who attain the highest combined total scores under subsections (4) through (5) of this section shall be placed on the eligibility list numerically.
(7)
At the discretion of the chief of the police department, candidates on the eligibility list may be afforded a physical examination by the city physician or a physician appointed by the city, and will be required to undergo psychological testing and a comprehensive background investigation. If any of the candidates fail to qualify physically or psychologically or as a result of their background investigation, as determined by the director of public safety, they shall be ineligible for referral to the personnel board for hiring and removed from the eligibility list. The next qualified candidate, at the discretion of the chief of the police department, shall be selected for the physical and psychological examinations and a background investigation. After the required number of candidates have been determined to pass the physical and psychological examinations and background investigation, the chief of the police department shall make a recommendation of hiring from the candidates who are ranked one, two or three to the personnel board who shall make the appointment to the police department from the eligibility list.
(8)
The eligibility list shall be valid for a maximum of two years from the date of the personnel board's decision, unless the director of public safety grants a six-month extension, and shall extinguish sooner upon no qualified candidates remaining on the list.
(h)
Notwithstanding any other provision of this chapter, the director of public safety shall have the authority to establish a procedure for the hiring of a lateral transfer applicant, defined as a police officer in good standing, with at least three years experience.
(Code 1994, § 22-27; Ord. of 4-14-1993, § 19-37; Ord. of 6-25-2007(2); Ord. of 5-12-2008(2); Ord. of 9-28-2015, § 1; Ord. of 12-11-2017(1), § 1; Ord. of 4-12-2021(1), § 1; Ord. of 5-16-2022(1), § 1)
Sec. 22-21. - Filling of vacancies.#
(a)
Policies and procedures relating to the promotions for the rank of sergeant, lieutenant, captain, and major shall be governed by the relevant provisions in the collective bargaining agreement between the police union and the city.
(Code 1994, § 22-28; Ord. of 4-14-1993, § 19-37.1; Ord. of 5-12-1993(1), § 19-38; Ord. of 8-4-1998; Ord. of 6-25-2007(2); Ord. of 9-28-2015, § 1)
Sec. 22-22. - Course reimbursement.#
(a)
Consistent with G.L. 1956, § 42-28.1-1 et seq., any newly hired fulltime police officer of the city police department shall be entitled to reimbursement of his/her eligible expenses incurred by taking courses leading to an associate's degree in law enforcement or criminal justice.
(b)
The term "eligible expenses" includes the cost of tuition, books and supplies.
(c)
Reimbursement for eligible expenses shall be limited to that amount which is charged by the Community College of Rhode Island per semester regardless of the number of courses taken in a semester.
(Ord. of 12-8-2008)
Sec. 22-23. - Conduct of members and employees.#
The members of the police division, both civilian and sworn, shall not engage in any other business or employment, unless approved by the office of the colonel/chief of police, and they shall perform all such duties as are or may be required of them by the laws of the state or the ordinances of the city. They shall severally obey their superior officers and shall faithfully conform to and observe all rules and regulations made for the management of the division.
(Code 1973, § 21-2; Code 1994, § 22-29; Ord. of 6-25-2007(2))
Sec. 22-24. - Colonel/chief, major/deputy chief or captains to be complainants.#
The colonel/chief of police and in his absence the major/deputy chief of police and the captains shall, respectively, in order, severally be complainants under any provision of this Code or other ordinance of the city.
(Code 1973, § 21-3; Code 1994, § 22-30; Ord. of 6-25-2007(2))
Sec. 22-25. - Station house.#
The station house shall be in the charge of the ranking officer on regular duty and such officer shall be responsible for the enforcement at such times of the rules and regulations for the government of the station and for the conduct of the officers under his command. In case of enforced absence, such ranking officer shall detail an officer to have charge of the station. The officer in charge shall receive into his custody and safely keep all persons arrested.
(Code 1973, § 21-4; Code 1994, § 22-31; Ord. of 6-25-2007(2))
Sec. 22-26. - Fines, fees, penalties and compensation received by police.#
All fees, fines and penalties received by any member of the police division and all compensation received for services rendered in an official capacity or within the hours prescribed for official duty shall be immediately accounted for and paid over to the colonel/chief of police, who shall pay the same over to the director of finance as required by the Charter. The colonel/chief shall also enter the amount so received, the name of the policeman from whom received and the case in which the same was so received in a book which the colonel/chief of police is hereby required to keep for that purpose. In the same book the colonel/chief of police shall enter, in like manner, all fees, fines, penalties and compensation received by himself. He shall, at least once in each month, present such book to the director of finance, who is hereby required to examine the same and the items thereof and who, if he finds it correct, shall certify accordingly and state the monthly sum thereof; provided, however, that the colonel/chief of police shall be allowed to retain from such sum so much thereof as will enable him to have on hand the sum of $25.00 to meet the incidental expenses of his office, which disbursements shall always be accounted for subsequently; provided further, that members of the permanent police who receive fees for attendance upon the district, superior or supreme court shall be entitled to retain such fees to their own use as reimbursement for the expenses incident to such attendance.
(Code 1973, § 21-5; Code 1994, § 22-32; Ord. of 6-25-2007(2))
Sec. 22-27. - Monthly report of colonel/chief.#
The colonel/chief of police shall, once in each month, present to the city council a report showing the condition of the police division, the work done during the month preceding the report, the amount paid over to the director of finance under the provisions of section 22-26, and any suggestions respecting the division which he may deem in the interests of the city to require.
(Code 1973, § 21-6; Code 1994, § 22-33; Ord. of 6-25-2007(2))
Sec. 22-28. - Removal of colonel/chief from collective bargaining unit.#
No colonel/chief of police shall be a member of the collective bargaining unit.
(Code 1994, § 22-34; Ord. of 3-7-1994; Ord. of 8-31-2004(4); Ord. of 6-25-2007(2))
Sec. 22-29. - Regulations for the employment of the colonel/chief of police.#
(a)
A colonel/chief of police of the city, appointed under the regulations of this Code, shall be retained either under an employment contract not to exceed 60 months, or as an at-will employee who may be terminated at any time, without cause.
(b)
Every contract shall commence on the second Monday in January.
(Code 1994, § 22-35; Ord. of 11-8-2004(2); Ord. of 6-25-2007(2))
Sec. 22-30. - Processing fee for application to carry a concealed pistol or revolver.#
Pursuant to R.I.G.L. § 11-47-11 et seq., the chief of police is the authorized authority for issuance of a license to carry a pistol or revolver and is responsible to conduct appropriate investigation into an applicant's qualifications and needs for said license. The chief of police shall adopt a written policy, in conformity with applicable state and federal laws, for the procedure in the issuance of such a license, and the processing fee for all applications shall be $160.00.
(Ord. of 3-20-2013(1))
Sec. 22-31. - Community policing and immigration.#
(a)
Legislative findings. The city finds, as a matter of public policy, the following: the city is dedicated to providing all of its residents fair and equal access to services, opportunities and protections; and the city respects, upholds, and values equal protection and equal treatment for all of our residents, regardless of immigration status; and fostering a relationship of trust, respect, and open communication between police officers and city residents is essential to the public safety of our residents; and public safety in the city is further promoted when victims and witnesses of crime feel safe in cooperating with law enforcement officials; and the purpose of this ordinance is to foster respect and trust between law enforcement and residents, to protect limited resources, to encourage cooperation between residents and city officials, especially law enforcement, and to ensure community security and due process for all.
(b)
Limitation on activities solely for the purpose of enforcing federal immigration laws.
(1)
Members of the police division shall not stop, question, interrogate, investigate, or arrest an individual based solely on any of the following:
a.
Actual or suspected immigration or citizenship status; or
b.
A civil immigration warrant, administrative warrant, or an immigration detainer in the individual's name, including those identified in the National Crime Information Center (NCIC) database.
(2)
Members of the police division shall not inquire about the immigration status of an individual, including a crime victim, a witness, or a person who calls or approaches the police seeking assistance, unless necessary to investigate criminal activity that is unrelated to the enforcement of civil immigration law.
(3)
Neither the city nor the city's departments shall enter into any agreements to enforce, or otherwise voluntarily engage in the enforcement of, federal immigration law or to perform federal immigration functions pursuant to 8 U.S.C. § 1357g or any other federal law, regulation, or policy.
(c)
Conditions for honoring ICE or CBP detainer requests.
(1)
The city and its departments may respond affirmatively to a civil immigration detainer from ICE or CBP to detain or transfer an individual for immigration enforcement or investigation purposes for up to 48 hours only if the request is supported by a judicial warrant.
(2)
Notwithstanding subsection (1), the city and its departments may detain a person for up to 48 hours on a civil immigration detainer in the absence of a judicial warrant if there are exigent circumstances preventing ICE or CBP from obtaining a warrant and there is probable cause to believe that the individual has or is engaged in terrorist activity as defined in 8 U.S.C. §1182(A)(3)(B).
(3)
The city and its departments may respond affirmatively to an ICE or CBP request for non-public information about an individual, including, but not limited to non-public information about an individual's release, home address, or work address, only if the request is accompanied by a judicial warrant or a court order enforcing a subpoena.
(4)
Nothing in this ordinance limits the city and its departments from disclosing information about an individual's criminal arrests or convictions, where disclosure of such information about the individual is otherwise authorized by state law or required by court order; or disclosing information about an individual's juvenile arrests or delinquency or youthful offender adjudications, where disclosure of such information about the individual is otherwise authorized by state law or required by court order.
(d)
The city and its departments shall limit the information collected from individuals concerning immigration or citizenship status to that necessary to perform the duties of the police division. The city and its departments shall not collect or maintain information about the political, religious or social views, associations or activities of any individual, group, association, corporation, business or partnership or other entity unless such information directly relates to an investigation of criminal activities, and there are reasonable grounds to suspect that the particular subject of the information, whether an individual or other entity, is involved in criminal conduct.
(e)
Limitations on ICE or CBP access to individuals in custody for immigration enforcement questioning purposes. The city and its departments shall not provide ICE or CBP with access to an individual in their custody or the use of agency facilities to question or interview such individual if ICE or CBP's sole purpose is enforcement of federal civil immigration law, unless such enforcement is pursuant to a federal judicial order.
(f)
Due process for persons about whom federal immigration enforcement requests have been made.
(1)
The city and/or the police division shall not delay bail and/or release from custody upon posting of bail solely because of an individual's immigration or citizenship status, a civil immigration warrant, or an ICE detainer request or any other ICE or CBP request for the purposes of immigration enforcement, or for notification about, transfer of, detention of, or interview or interrogation of that individual.
(2)
Upon receipt of an ICE or CBP detainer, transfer, notification, interview or interrogation request, the city and/or the police division shall provide a copy of that request to the individual named therein and inform the individual whether the city and/or the police division will comply with the request before communicating its response to the requesting agency.
(3)
Individuals in the custody of the city and/or the police division shall be subject to the same booking, processing, release, and transfer procedures, policies, and practices of that agency, regardless of actual or suspected citizenship or immigration status.
(g)
Ban on use of resources to facilitate a federal registry based on race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin. The city and its departments shall not use agency or department monies, facilities, property, equipment, or personnel to investigate, enforce, or assist in the establishment, maintenance or enforcement of any federal program requiring registration of individuals on the basis of race, gender, sexual orientation, gender identity or expression, religion, ethnicity, or national origin.
(h)
Protecting immigrant victims of crime.
(1)
On request from an individual whom a law enforcement officer or agent thereof reasonably believes is a victim who is or has been subjected to a qualifying criminal activity for a nonimmigrant T or U visa under 8 U.S.C. §1101(a)(15)(T) or 8 U.S.C. §1101(a)(15)(U), or for continued presence under 22 U.S.C. §7105(c)(3), the law enforcement officer, as soon as practicable after receiving the request, shall, subject to the presumption in subsection (2), provide to the individual a signed certification Form I-914B or Form I-918B.
(2)
There shall be a rebuttable presumption that a victim is helpful, has been helpful, or is likely to be helpful to the detection, investigation, or prosecution of qualifying criminal activity if the victim has not unreasonably refused or failed to assist with the investigation as requested by members of the police division.
(3)
If the police division determines that an individual does not meet the requirements for the issuance of a certification under this section, the division shall inform the individual in writing of the specific reasons. The written denial shall also advise the individual that he or she may make another request under subsection (1) of this section by submitting additional evidence that he or she has been subjected to a qualifying criminal activity and/or that the presumption established by subsection (2) has been satisfied or not properly rebutted.
(i)
Enforcement. An aggrieved individual or an organization that is chartered for the purpose of combating discrimination, promoting the rights of immigrants, or safeguarding civil rights shall be entitled to seek and obtain injunctive and declaratory relief, damages and attorneys' fees for any violation of this section.
(j)
Affirmation of compliance with federal law. Pursuant to 8 U.S.C. §1373 or 8 U.S.C. §1644, nothing in this ordinance is intended, or shall be construed, to prohibit or restrict in any way the city and/or its departments from maintaining, exchanging, sending, or receiving information regarding the citizenship or immigration status, lawful or unlawful, of any individual with any federal, state or local government entity.
(k)
Definitions.
CBP means United States Customs and Border Protection.
Civil immigration detainer or civil immigration warrant means a detainer issued pursuant to 8 C.F.R. § 287.7 or any similar request from ICE or CPB for detention of a person suspected of violating federal immigration law.
ICE means United States Immigration and Customs Enforcement.
Judicial warrant means a warrant based on probable cause and issued by an article III federal judge or a federal magistrate judge that authorizes federal immigration authorities to take into custody the person who is the subject of the warrant. A judicial warrant does not include a civil immigration warrant, administrative warrant, or other document signed only by ICE or CBP officials.
(l)
Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
(Ord. of 12-9-2019(2), § 1)
Editor's note— An ordinance adopted Dec. 9, 2019(2), § 1, set out provisions intended for use as § 12-30. For purposes of classification, and at the editor's discretion, these provisions have been included as § 12-31.
Secs. 22-32—22-59. - Reserved.#
DIVISION 2. - RESERVED#
Footnotes:
--- (2) --- Editor's note— Ord. of 8-19-2019(2), § 3, repealed division 2, §§ 22-60—22-71, which pertained to police officers' pension and derived from Code 1973; Code 1994; and Ord. of 8-10-2016(1).
Secs. 22-60—22-100. - Reserved.#
DIVISION 3. - POLICE PROTECTION SERVICES#
Sec. 22-101. - Definitions; interpretation.#
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling unit means a structure or portion thereof providing independent and complete cooking, living, sleeping and toilet facilities for a group of persons living as a single housekeeping unit.
Excessive police response means each police response in excess of five to a single dwelling unit in a residential property.
Mobile home means a detached single dwelling unit fabricated at a factory and capable of being transported to location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on an impermanent foundation.
Owner, when used in reference to a residential property, means the record owner of the residential property as shown in the real property records.
Police response means that one or more police officers goes to a residential property in response to a call for assistance, a complaint, an emergency or a potential emergency; provided, that the term "police response" does not include a response to: (1)
Receipt of false information, unless the false information was provided by an occupant or owner of the residential property.
(2)
A false alarm, unless the false alarm was caused, permitted or allowed by an occupant or owner of the residential property in violation.
(3)
A call involving potential child neglect, potential domestic violence, or potential stalking.
Residential property means a parcel, tract or lot shown as an individual unit on the most recent plat of record that contains one or more dwelling units, and a mobile home.
(Code 1994, § 22-76; Ord. of 6-1-2004, § I)
Sec. 22-102. - Fee for police protection services.#
(a)
Subject to subsection (b) of this section, the owner of a residential property shall pay the municipality a fee of $300.00 per occurrence in excess of five police responses to the residential property during a calendar year.
(b)
The owner of a residential property shall be liable for the fee established by subsection (a) of this section only if:
(1)
The municipality has notified the owner in writing that the fee will apply to any excessive police responses to the residential property during the calendar year.
(2)
The time allowed for appropriate corrective action has expired.
(3)
The owner has not taken appropriate corrective action.
(c)
If a residential property has more than one owner, all owners shall be jointly and severally liable for any fee imposed under this section.
(d)
For residential property owned as a condominium, a fee based on excessive police responses to a single dwelling unit shall be assessed against the owner of the dwelling unit.
(Code 1994, § 22-77; Ord. of 6-1-2004, § II)
Sec. 22-103. - Notice to property owner.#
(a)
The municipality may notify the owner of a residential property in writing there have been five police responses in the current calendar year to a single dwelling unit in the residential property.
(b)
A notice under this section shall be given in a manner that is reasonably calculated to provide actual notice to the owner of the residential property. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the owner as shown on the municipality's real property tax records, and if the residential property has a different street address, to that street address. The municipality also shall give notice by certified mail, return receipt requested, at another address where it appears more likely that the owner will receive actual notice at the address. Such other address may include, without limitation, an address identified from the telephone directory, public records, or prior police contacts with the residential property or the owner. The notice also shall be posted at the principal entrance to the entrance to the residential property.
(c)
The notice shall:
(1)
Identify the residential property that is the subject of the notice by street address and legal description, and identify the dwelling unit to which the police responses have been made if there is more that one dwelling unit in the residential property.
(2)
State that there have been five police responses to a dwelling unit in the residential property during the current calendar year.
(3)
State that if the owner does not take appropriate corrective action, the owner will be liable for a fee for each excessive police response to the residential property during the calendar year.
(4)
State the amount of the fee per excessive police response to the residential property.
(5)
State the name and telephone number of a representative of the city to contact concerning the notice.
(Code 1994, § 22-78; Ord. of 6-1-2004, § III)
Sec. 22-104. - Corrective action.#
(a)
An owner of a residential property shall have 30 days from the date of mailing of the notice to promptly take appropriate corrective action in response to the notice. Appropriate corrective action shall be action that reasonably would be expected to correct the cause of the police responses to the residential property, and may include, without limitation, written notice to quit.
(b)
There shall be no fee for additional police responses to the residential property that is the subject of the notice during the 30-day period allowed under subsection (a) of this section if the owner takes appropriate corrective action during the 30-day period. The owner shall be considered to have taken appropriate corrective action if there are no additional police responses to the residential property from the end of the 30-day period until the earlier of the:
(1)
End of the calendar year; or
(2)
The date 90 days after the end of the 30-day period as allowed under this section.
(Code 1994, § 22-79; Ord. of 6-1-2004, § 4)
Sec. 22-105. - Lien on property.#
(a)
The fee imposed is a lien on the residential property to which there have been an excessive number of police responses.
(b)
The lien becomes effective upon the recording of a notice of the lien that describes the residential property that is the subject of the lien, states the amount of fees for which the lien has been recorded, and states that the lien has been recorded pursuant to this section.
(Code 1994, § 22-80; Ord. of 6-1-2004, § 5)
Secs. 22-106—22-123. - Reserved.#
DIVISION 4. - POLICE DETAILS#
Sec. 22-124. - Assignment requests for events or projects; procedures.#
(a)
Any and all requests for detail police officers shall be made through the police department detail officer.
(b)
The chief of police, or his designee, in accordance with the collective bargaining agreement between the city and the FOP Lodge #2, shall have the power and authority to determine and assign the number of police detail officers/vehicles to any projects or any other special detail assignments within the city.
(c)
The chief of police, or his designee, shall review all projects and assignments within the city to determine the necessity of any assignments of officers to foster public safety and the safety of the officers.
(d)
Any and all parties requesting police details shall be required to comply with the recommendation of the chief of police, or his designee, and all other provisions of this chapter.
(e)
Notwithstanding the foregoing, the chief of police, or his designee, shall have the full power and authority to determine the necessity of any detail within the city.
(Ord. of 6-25-2007(1); Ord. of 1-13-2020(2), § 1)
Sec. 22-125. - Payments by responsible party.#
(a)
The city shall be reimbursed for any and all sums paid to any officer in accordance with the detail payment schedule in effect. Payment shall be made by the responsible party in accordance with the schedule of charges in effect by the city.
(b)
Prior to the furnishing of any detail officers, the chief of police, or his designee, shall require the party deemed responsible for the event or project to acknowledge its financial obligation to the city. Further, the acknowledging party shall be responsible to pay the city administrative costs of $5.00 per hour and vehicle maintenance costs of $25.00 per hour for expenses incurred by the city, unless other rates are authorized by state or federal law. These costs are in addition to the wages required to be paid to the members of FOP Lodge #2 pursuant to their official detail rates for officers.
(c)
All parties deemed responsible for the event or project shall make payment to the city finance department directly. Payment must be made within 45 days of the date of the work; otherwise a 25 percent late fee will immediately be assessed and a one and one-half percent interest rate per month will accrue on the unpaid balance. These fees will be assessed by the finance department.
(d)
All detail monies will be paid to the officers in accordance with the normal city payroll system. All applicable taxes will be withheld by the city. The officers will be paid in the next complete payroll cycle following the detail in accordance with the current payroll system.
(e)
The cost of any litigation with respect to payment will be borne by the party deemed responsible for the event or project.
(f)
The finance director shall set up a special revenue account for the police department.
(Ord. of 6-25-2007(1); Ord. of 1-13-2020(2), § 1)