ARTICLE II. - POLICE DEPARTMENT

Footnotes:

--- (2) --- Charter reference— Department of police, § 7-1; powers and duties of the police department, § 7-3.

Cross reference— Officers and employees, § 2-207 et seq.

State Law reference— Municipal police training school, G.L. 1956, §§ 42-28-5—42-28-33; relief of injured and deceased policemen, G.L. 1956, §§ 45-19-1—45-19-4 and 45-19-13—45-19-18.

Sec. 12-16. - Composition.#

The permanent police force of the city shall consist of a chief of police and all such officers and police officers as may be appointed pursuant to section 7-1 of the Charter.

(Rev. Ords. 1987, § 12-16)

Sec. 12-17. - Duties generally.#

The permanent police force of the city shall devote its entire time to the preservation of peace and order of the city and shall discharge such other duties either by day or night as by special orders it may be required to perform.

(Rev. Ords. 1987, § 12-17)

Sec. 12-18. - Qualifications for appointment.#

The following qualifications shall be necessary to secure an appointment as a member of the department of police: (1)

The applicant must not be under 21 years of age at the time of the application deadline.

(2)

The applicant must be of sound health and vigor as determined by a physical exam by the police surgeon, and by a physical fitness or agility examination given by the state municipal police academy. The applicant must have good eyesight and hearing, and if there is a question as to any defect found, the applicant at his own expense may go to a specialist designated by the police surgeon, who shall give a certificate as to the nature of the defect and its prognosis, and who shall certify as to whether the defect will disqualify the applicant from performing police duty. The applicant must have good flexibility and strength in his back and it must be without predispositions to constitutional injury, as determined by examination by a specialist in physical therapy.

(3)

The applicant shall never have been convicted of a crime.

(4)

The applicant must be of unquestionable energy and courage, of temperate and industrious habits, of peaceable and courteous manners, decorous and clean in his person and dress, respectful to his superiors, prompt and decisive in action and disposed to be zealous in the service.

(5)

The applicant must be suited to police work, as determined by psychological examination given by a psychological test center in accordance with state law.

(6)

The applicant must have an education at least equal to a high school diploma or GED.

(7)

The applicant must be able to speak, read and write the English language.

(8)

The applicant must be drug free as determined by testing performed by a duly licensed laboratory in accordance with state law.

(9)

The applicant must have a valid drivers license.

(Rev. Ords. 1987, § 12-18; Ch. 74, §§ I, II, 6-1-99; Ch. 646, § I, 4-5-16; Ch. 808, § I, 7-20-21)

Charter reference— Appointments to police department, § 7-1.

State Law reference— Appointment of veterans to police forces, G.L. 1956, § 30-21-12.

Sec. 12-19. - Employment; eligibility.#

Applicants for appointment to the permanent police force shall follow examination procedures as established from time to time by the director of personnel and/or ordinance, including the passing of required examinations and placement on an eligibility list. An eligible entry level applicant shall first be appointed as a police trainee in accordance with section 11-66, and he must successfully graduate from the state municipal police academy prior to being appointed as a probationary police officer.

(Rev. Ords. 1987, § 12-19; Ch. 646, § II, 4-5-16)

Sec. 12-20. - Rejection or appointment of applicant following probationary period.#

Upon successful completion of the one-year probationary period, the applicant shall be eligible for appointment to permanent status by the appointing authority.

(Rev. Ords. 1987, § 12-20)

Sec. 12-21. - Oath.#

Before entering upon the discharge of his duty as a member of the police department, every appointee to the permanent police force shall take the following oath:

"You ________ do solemnly swear that you will be true and faithful unto the state and support the laws and Constitution thereof, and the Constitution of the United States, and that you will well and truly execute the office of ________ in the police department of the City of East Providence for the ensuing year or until you be legally discharged therefrom, so help you God."

(Rev. Ords. 1987, § 12-21)

Sec. 12-22. - Powers and duties of chief of police.#

(a)

The chief of police, subject to the orders, rules and regulations of the mayor, shall be the chief executive officer of the police department. As such, he shall have precedence and entire control of the department, its officers and members when engaged in the service of the city, provided that all of the officers and members of the police force shall be subject to the orders of the mayor.

(b)

The chief of police shall devote his whole time to the discharge of the duties of his office. The chief of police shall see that all laws of the state and of the city are duly observed and enforced. The chief of police shall promptly execute all orders and shall observe all rules and regulations prescribed by the mayor or city council, insofar as they pertain to the police department.

(c)

In the absence of the chief of police, the officer next in command of the department shall assume the duties of the chief of police, and if the officer next in command to the chief of police shall be absent, the officer immediately next in line or such other superior officer as the mayor may designate shall assume such responsibilities.

(Rev. Ords. 1987, § 12-22; Ch. 877, § I, 6-6-23)

State Law reference— Annual police report of crimes, G.L. 1956, § 42-9-13; duty to furnish fingerprints and stolen property lists, G.L. 1956, § 12-1-10.

Sec. 12-23. - Authority of police chief to detail police officers, special officers and police constables.#

The chief of police is authorized to detail police personnel, police officers or special officers and to require payment of an hourly amount by the following persons or entities, which hourly amount shall be the amount determined as due in accordance with the contract between the International Brotherhood of Police Officers, Local No. 569, and the city, and which amount shall be due and payable upon receipt of the money from the contractor involved, whenever construction of, maintenance of, improvement of, or installation of any utility on a state highway within the city shall cause, in the opinion of the chief of police, disruption of the normal flow of traffic and create a hazard to motorists. The chief may, if he determines police personnel are necessary to regulate the traffic, after notifying the contractor involved, detail the number of police personnel that the chief deems necessary to ensure the safety of motorists and the safety of the employees working upon the highway and the contractor shall be responsible for the cost of the detail. The city shall not be responsible for the cost of the detail where the state refuses to pay for the service.

(Rev. Ords. 1987, § 12-23)

Sec. 12-24. - Duties of deputy chief.#

In the absence of the chief of police, the deputy chief shall have and exercise all the powers and duties conferred by the rules set out in this article upon the chief. At other times, he shall perform such duties as may be assigned to him by the mayor or chief of police.

(Rev. Ords. 1987, § 12-24; Ch. 877, § I, 6-6-23)

Sec. 12-25. - Compensation of officers and members; disposition of fees, fines and penalties.#

The officers and members of the police force shall receive such compensation, payable biweekly, or as the city council may from time to time determine, provided that when a police officer performs services for others at any time or place during regular duty hours, all compensation or emoluments received for such services shall be paid to the city treasurer. If a police officer performs such services in his official capacity outside of his regular duty hours, all compensation or emoluments received for such services shall also be paid to the city treasurer, provided that any police officer performing such services shall be credited with and entitled to receive such compensation or emolument with his regular pay. All witness fees received by members of the police department shall be paid to the city treasurer.

(Rev. Ords. 1987, § 12-25)

Secs. 12-26—12-40. - Reserved.#

Editor's note— Ch. 388, § I, adopted May 16, 2006, repealed section 12-26 in its entirety. Former section 12-26 pertained to the animal shelter and was derived from Ch. 48, § I, adopted Jan. 5, 1999.