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52

Chapter 11 - POLICE DEPARTMENT

Part of the Code of Ordinances of Scituate, RI.

Local law · Updated January 8, 2004 · 584 sections

The text

FOOTNOTE(S):

--- (1) --- refcharter or refcross or refstatelaw Cross reference— Administration, Ch. 2; fire prevention and protection, Ch. 5; alarm systems, § 4-51 et seq.; offenses and miscellaneous provisions, Ch. 8.

refcharter or refcross or refstatelaw State Law reference— Relief of injured and deceased police officers, G.L. 1956, § 45-19-1 et seq.

Sec. 11-1. - Composition.#

The permanent police department of the town shall consist of a chief of police, two (2) lieutenants, four (4) sergeants and as many patrolmen as the town council shall from time to time determine.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 2; Ord. of 6-13-72, § 1; Ord. of 7-24-97)

Sec. 11-2. - Increasing, decreasing membership.#

The town council may increase or diminish the number of such police officers whenever, in its sole discretion, it deems necessary.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 5)

Sec. 11-3. - Vacancies in ranks.#

It shall not be required that all ranks in the police department shall be filled at all times, and the town council in its discretion may leave any rank vacant for such time as it wishes.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 3)

Sec. 11-4. - Chief generally.#

The chief of police shall be the executive and administrative head of the department and is hereby authorized, subject to approval of the town council, to make rules and regulations, not inconsistent with law, for the examination and qualification of applicants for appointment to the department, for the discipline, control and removal of members and relating to reimbursement for expenses properly incurred in the performance of their official duties.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 4)

Cross reference— Comment Text (parent not a footnote)Officers and employees, § 2-46 et seq.

Sec. 11-5. - Special appointments generally.#

The town council may appoint police officers for occasional service and for limited terms of less than one (1) year, and such officers shall not by such appointment become members of the permanent police department.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 6)

Sec. 11-6. - Probationary period—For officers.#

Every new police officer shall first be appointed for a term of less than one (1) year during which time he shall be probationary, and upon the completion of such term he shall be eligible for appointment by the town council as a permanent member of the department.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 6)

Sec. 11-7. - Same—Chief, deputy chief.#

(a)

Any person appointed to the office of chief or deputy chief shall serve a probationary term in such office of one (1) year from the date of his appointment to such rank, and during such term he shall serve as chief or deputy chief at the pleasure of the town council. At the conclusion of the one-year probationary period, the town council may confirm such appointment, in which case such officer shall become permanent at such rank. Any member of the department holding permanent status in any rank below that of chief for a person appointed as chief or below that of deputy chief for a person appointed as deputy chief, shall, upon appointment as chief or deputy chief, continue to hold his former permanent rank and shall continue in such permanent rank if he fails to attain permanent status as chief or deputy chief.

(b)

Notwithstanding the foregoing provision, the town council may appoint any person to the office of chief or deputy chief, for any period of time deemed appropriate, without a probationary period and need for confirmation, where a written employment contract is entered into between the person so appointed and the town council.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 7; Ord. of 2-13-97)

Sec. 11-8. - Disciplinary actions.#

(a)

The town council or the president of the town council may at any time suspend any police officer until the next regular meeting of the council at which meeting the president shall report any and all suspensions, with the reasons therefor, and the council may continue such suspension until the next regular meeting following.

(b)

Any of the police officers, including the chief of police and deputy chief of police, shall be subject to reduction of rank or to removal from office by the council at any regular meeting thereof for misconduct, incapacity, neglect of duty or insubordination of such a character as the council may deem a disqualification for such office.

(c)

All such reductions or removals shall be by the council upon charges made in writing if requested by any such officer, and of which the officer complained of shall have notice and opportunity at a time appointed by the council to be heard. Nothing in this section shall be construed to apply to any police officer or constable other than members of the permanent police department.

(d)

This section shall in no way impair the right of a policeman to appeal to the superior court as provided in General Laws section 45-20-1.1.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 5)

Sec. 11-9. - General authority of officers.#

The chief of police, deputy chief of police and other officers of the permanent police department, police officers appointed for occasional service and for limited terms shall have the power and authority conferred by law upon police constables, but shall not be required to give bond nor shall they be authorized to serve process in civil actions. Every such officer in the due execution of his office may command all necessary aid and assistance in the execution of his office and every person who when so required, shall refuse or neglect to give such aid and assistance shall be punished in accordance with section 1-4.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 8)

Sec. 11-10. - Political activity.#

No member of the permanent police department of the town shall engage in any political activity or become a candidate for or hold any elective office in the town or state.

Comment Text (parent not a footnote)(Ord. of 7-9-70, § 9)