The text
Footnotes:
--- (1) --- Editor's note— Ord. of Oct. 11, 2011, deleted the former Ch. 16, §§ 16-1—16-17, and enacted a new Ch. 16 as set out herein. The former Ch. 16 pertained to police department and derived from Code 1967, §§ 27-1—27-17, §§ 27-21—27-24; Ord. of 10-14-97; Amend. of 11-12-2002; Ord. of 5-10-2011.
ARTICLE I. - POLICE DEPARTMENT#
Sec. 16-1. - Composition.#
The permanent police force of the town, which may be appointed under the provisions of Chapter 1290 of the Public Laws, passed at the March 14, 1905, session of the General Assembly, shall consist of one (1) chief of police and such other subordinate officers and patrol officers as may be deemed necessary and expedient for the protection of the inhabitants of the town, the property therein and all other matters relating to police work.
(Ord. of 10-11-2011; Ord. of 2-11-2014)
Sec. 16-2. - Qualification of members generally.#
The qualifications to secure an appointment as a member of the permanent police force of the town shall be as required by state law and the state bureau of standards and training.
(Ord. of 10-11-2011)
Sec. 16-3. - Appointment of members of permanent police force.#
(a)
Application. Applications for appointment as members of the permanent police force shall be made on forms prescribed by the town, and shall be filed in the applicant's own handwriting.
(b)
Factors considered. Appointments to the permanent police force shall be made by the town manager. In making appointments, the manager shall consider the following qualifications and other factors:
(1)
Results of a mandatory examination to be determined by the town manager and to be administered under the direction of the town manager. The examination shall be of the same type and nature as those given to applicants for appointment to other police departments in communities in the state.
(2)
The physical and mental qualifications of the applicant.
(3)
The educational qualifications of the applicant.
(4)
The recommendations of the chief of police.
(5)
The experience of the applicant in police work, if any.
(6)
The personal evaluation of the applicant by the members of the town council.
(c)
Probationary period. Appointment to the permanent police force shall be made for a probationary period of up to one (1) year, provided, however, that such probationary period may be extended for up to an additional six (6) months if, in the opinion of the manager on recommendation of the police chief, such additional time is required to ensure the probationary officer is fully qualified for permanent duty. The salary of the appointee during such period may be as established in the collective bargaining agreement. Such appointee shall not obtain any tenure on the permanent police force until he/she has completed such probationary period in a satisfactory manner. During such probationary period, the appointee shall become adept at handling all equipment used in his/her duties as a police officer and shall become familiar with the laws of the state, the provisions of this Code and the other ordinances of the town relating to his duties as a member of the police department. Prior to the expiration of this probationary period, the chief of police shall inform the town manager in writing that the probationary appointee is adept at handling such equipment and familiar with such laws, Code provisions and ordinances.
(d)
Agreement of appointees. Before entering upon the discharge of his duty as a member of the permanent police force, every appointee shall be duly engaged upon his commission, and shall also subscribe his name to the following agreement:
"I hereby accept the office of in the permanent police force of the town of Warren, and agree to obey and be bound by such rules and regulations as are or may be from time to time prescribed, and such ordinances as are or may be from time to time ordained, for the government of the permanent police force of said town."
(Ord. of 10-11-2011; Ord. of 2-11-2014)
Sec. 16-4. - Chief of police.#
(a)
Powers generally. The chief of police of the permanent police force shall have the entire control of the police department and its members subject to any regulations issued by the town manager.
(b)
Records and reports. The chief of police shall keep, or cause to be kept, a full and complete record of all business of the police department, and shall make special reports to the town council whenever required or requested by it to do so. The chief of police shall present to the town manager a monthly report of all the work performed by the police department during the previous month, with any recommendations that he may deem advisable to promote the efficiency of such department. The chief of police shall furnish to the town manager, upon his/her request, an annual report of all the work performed by the police department during the previous fiscal year of the town.
(c)
Qualifications. The following qualifications shall be a prerequisite for appointment to the position of police chief:
(1)
A bachelor's degree in criminal justice, administration of justice, law enforcement or similar education.
(2)
At least five (5) years on-the-job experience in some position in a police department above the rank of patrol officer.
(3)
Expertise and experience in the organization, administration, management and direction of police personnel.
(4)
The police chief shall not be a member of the union which represents the bargaining unit of the Warren Police Department, but may enter into an employment contract with the Town of Warren at the discretion of the town council.
(Ord. of 10-11-2011; Ord. of 2-11-2014)
Sec. 16-5. - Acting chief; other temporary vacancies.#
(a)
In the absence of the chief of police from the town, or in the case of his disability, the next officer in command shall have temporary charge of the police during such absence or disability. The town manager shall determine when the chief of police is temporarily absent or disabled.
(b)
The chief of police shall fill other temporary vacancies regardless of their cause.
(Ord. of 10-11-2011)
Sec. 16-6. - Next most senior ranking police officer.#
(a)
The next most senior ranking police officer of the permanent police force shall be the chief executive officer under the chief of police.
(b)
The next most senior ranking police officer shall be subject at all times to the orders of the chief of police. He/she shall ascertain by personal investigation the presence of each officer under him/her at his/her place of duty. He/she shall acquaint himself/herself thoroughly with the beats of the officers on duty and shall be certain that the whole of such beats are properly covered at all times by the police officers. He/she shall promptly report to the chief of police any officer absent from his/her beat, or guilty of neglect of discipline, neglect of duty or disobedience of orders, and failure to do so shall be deemed sufficient cause for suspension or discharge from the permanent police force.
(Ord. of 10-11-2011; Ord. of 2-11-2014)
Sec. 16-7. - Regulations issued by manager.#
The town manager may at any time issue regulations governing the duties of, the conduct of, or any other matter concerning the chief of police and all other members of the permanent police force.
(Ord. of 10-11-2011)
Sec. 16-8. - Police school attendance.#
The town manager may require any member of the permanent police force to attend such police schools as required by the state.
(Ord. of 10-11-2011)
Sec. 16-9. - Vacations of members.#
(a)
Generally. Members of the permanent police department shall be allowed vacations as contractually agreed upon.
(b)
Postponement or cancellation. The chief of police shall have the authority, in case of any public emergency, or of any unusual demand for services of the police department, to postpone or cancel the date set for taking of an annual vacation by any member of the police department; provided, however, that such vacation shall be granted to such member as soon thereafter as is practicable within the time of the calendar year specified in the allotment by the chief of police.
(Ord. of 10-11-2011)
Sec. 16-10. - Holidays and days off.#
The holidays and days off granted to members of the permanent police force shall be governed by the latest contract between the town and the local police union.
(Ord. of 10-11-2011)
Sec. 16-11. - Working schedule.#
The working schedule of the permanent police department of the town shall consist of three (3) permanent eight (8) consecutive hour shifts. An eight (8) consecutive hour tour of duty shall be for eight (8) consecutive hours and shall be deemed to include a one-half-hour lunch period, while still on call. Shift assignments shall be made on the basis of the current collective bargaining agreement.
(Ord. of 10-11-2011)
Sec. 16-12. - Seniority defined.#
Seniority is defined as continuous service in grade from the date of appointment as a probationary patrol officer to that grade including all leaves of absence approved by the town manager.
(Ord. of 10-11-2011)
Sec. 16-13. - Removal of members.#
Members of the permanent police force shall not be removed except in accordance with state law.
(Ord. of 10-11-2011)
Sec. 16-14. - Qualifications of special police officers/special constables.#
The following qualifications shall be necessary to secure an appointment as a special police officer/special constable in the town: (1)
The applicant shall be at least one of the following: (a) a resident of the state and a qualified elector of the town; (b) a current full-time employee of the police department in good standing; or (c) a retired or previous full-time police officer of the Warren Police Department who separated from the department in good standing. All appointments shall be at the discretion of the chief of police.
(2)
The applicant shall present to the police chief a certificate from a physician licensed by the state that he or she is physically qualified to perform the duties of a special police officer/special constable.
(3)
The applicant shall have taken and completed an accredited first aid, CPR, and other training courses as specified by the chief of police at the time of appointment.
(Ord. of 10-11-2011; Ord. of 03-12-2024(1))
Sec. 16-15. - Supervision and control of special police officers and constables.#
All special police officers and all special constables shall be subject to, and under the control and direction of, the chief of police, in the manner, to the extent and with the limitations governing the permanent police force of the town.
(Ord. of 10-11-2011)
Sec. 16-16. - Police attendance and service at places of public entertainment and resort.#
(a)
All persons who desire the attendance and services of police at places of public entertainment and resort shall, except as may be otherwise provided by the statutes of the state, make application therefor to the chief of police. Upon receipt of such application, the chief of police shall designate and assign from the police and special constables who are not members of the permanent police force of the town, the required number of personnel for such service; provided, nevertheless, that this shall not prevent, when necessary or desirable, the assignment of a member of the permanent police force for attendance upon and service at any place of public entertainment or resort.
(b)
All persons who receive the services of the police at places of public entertainment and resort shall be liable for and shall pay to the town such compensation as may be fixed and determined by the town and the local police union.
(Ord. of 10-11-2011)
Sec. 16-17. - [Retirement.]#
(a)
Pursuant to the authority vested in the town through G.L. 1956, § 45-19-19, any personnel of the Warren Police Department who:
(1)
Has been on leave of absence from his or her employment due to sickness contracted or injuries sustained in the performance of their duties for more than five hundred forty-five (545) days; and
(2)
Is eligible to a retire with the municipal employees retirement system (MERS) with an allowance of not less than sixty-six (66) and two-thirds ( 2/3; ) percent of the retiree's annual salary at the time of retirement, shall be required to apply for retirement with MERS.
(b)
Any employee required to retire under this section shall be sent a written notice of the required retirement from the town manager. The employee shall be given thirty (30) days to retire from the date of the notice. At the expiration of the thirty (30) day period, the town shall discontinue all employment benefits to the employee.
(c)
Any employee receiving a notice pursuant to this section shall have the right to appeal to the town council to demonstrate that he or she is not required to retire under the provisions of this section. If the council determines that the employee is not required to retire under this section, the employee's employment benefits shall continue until such time as the employee is required to retire under this section or otherwise retires. If the council determines that the employee is required to retire under this section, the employee shall be given thirty (30) days following the council's decision to apply to MERS for retirement. After thirty (30) days from the council's decision, the town shall cease all employment benefits to the employee.
(Ord. of 6-12-2018(3))
Sec. 16-18. - Hiring process for lateral transfers.#
Notwithstanding the above, the police department may utilize an alternate process by appointing qualified lateral transfers to the police department, as determined by the chief police. A qualified lateral transfer shall possess all of the following qualifications: (1)
United States citizenship.
(2)
Minimum age: eighteen (18).
(3)
Education: High school graduate or equivalent.
(4)
A valid driver's license.
(5)
Must be a certified police officer from any state and have the ability to obtain a certification from the Rhode Island Police Officers Commission of Standards and Training (P.O.S.T.) pursuant to Rhode Island General Law.
(6)
Must have the ability to pass a physical examination given by a physician, a drug screen, a psychological examination given by a psychological test center, an oral examination, and a comprehensive background investigation.
(7)
Upon appointment to the position of patrol officer, the salary will depend on current years of service and will serve a one-year probationary period.
Candidates passing the qualifications set forth in the preceding subsection will be given an oral examination.
(Ord. of 9-14-2021(3))
Secs. 16-19—16-99. - Reserved.#
ARTICLE II. - FIRE DEPARTMENT#
Secs. 16-100—16-174. - Reserved.#
ARTICLE III. - FIRE PREVENTION#
Secs. 16-175—16-199. - Reserved.#
ARTICLE IV. - EMERGENCY MANAGEMENT#
Sec. 16-200. - Emergency management department.#
There shall be an emergency management department, the head of which shall be the director appointed by the town council.
(Ord. of 10-11-2011)
Sec. 16-201. - Powers and duties.#
The director of emergency management shall: (1)
Prepare a comprehensive plan for the utilization of facilities, equipment and personnel of the town during an emergency.
(2)
Equip and maintain an emergency communications center.
(3)
Assist the town council president in the declaration of any emergency.
(4)
Be the liaison with the state office of emergency management.
(5)
Perform any other duties or functions as the town council may direct by ordinance or during an emergency as the town council president may direct.
(Ord. of 10-11-2011)