Chapter 33, Police Department

[HISTORY: Adopted by the Borough Council of the Borough of Harveys Lake 1-22-1968 by Ord. No. 13. Amendments noted where applicable.]

Employees -- See Ch. 14.
Police pensions -- See Ch. 30A, Art. I.
Salaries and compensation -- See Ch. 35.
Social security -- See Ch. 39.

ARTICLE I, Introduction

§ 33-1. Purpose; compliance required.
This chapter shall be the guide used by the Police Department and the Borough Council in handling of all matters pertaining to police business in the Borough of Harveys Lake. Every member of the Police Department shall be subject to and shall comply with all the provisions set forth hereinafter.

§ 33-2. Duties.
No members, regardless of rank, may assume that all duties are fully set forth in any one order, rule or regulation, but shall be bound to know that the member's duties may be defined in greater or less degree in any and all of the rules and regulations herein and in all general and specific orders issued heretofore or that may be issued hereafter by the Borough Council or by any superior to any subordinate over whom any member has command.

§ 33-3. Inconsistent rules and regulations revoked.
All rules and regulations, general and specific orders, issued heretofore are hereby revoked insofar as they conflict with rules and regulations herein.

§ 33-4. Interpretation.
In using this chapter, it should be borne in mind that overattention to technicalities represents a failure to grasp the spirit of this chapter and will lead to requests for interpretations that may usually be avoided by application of broad principles.

§ 33-5. Revisions and amendments.
The various parts of this chapter may be revised or amended, as conditions warrant, by majority vote of the Borough Council.

ARTICLE II, Establishment and Composition of Department

§ 33-6. Establishment.
A Police Department is hereby established in and for the Borough of Harveys Lake.

§ 33-7. Composition.
The Police Department shall be composed of one Chief of Police and such number of patrolmen as the Borough Council shall, from time to time, deem necessary.

ARTICLE III, Uniforms and Equipment

§ 33-8. Uniforms; allowances; repairs.
A. The uniform to be worn by the members of the Police Department shall be designated by the Borough Council.
B. Each full-time member shall be entitled to a clothing allowance of $300 for his first year of employment and $300 per year thereafter; provided, however, that all purchases relative to this allowance must be approved in advance by the Council, and yearly allowances or any portion thereof shall not be cumulative from year to year. Each part-time police officer shall be entitled to a clothing allowance of $150 for his first year and second year of employment, and after his second year of employment, $200 per year; provided, however, that all purchases relative to this allowance must be approved in advance by the Council. Yearly allowances or any portion thereof shall not be cumulative from year to year. This allowance shall be used for obtaining summer and winter uniforms as are necessary for the maintenance of the Police Department's appearance. [Amended 6-3-1971; 1-6-1972; 7-15-1986]
C. Cost of repairs to uniforms damaged in the line of duty shall be paid by the Borough.

§ 33-9. Wearing of uniforms.
A. Black shoes shall be worn by members while in uniform. Uniforms must at all times be fully buttoned and shall at all times be worn neatly and be clean and well pressed. Should the uniform or any part thereof become soiled on account of the weather or from some other cause arising out of the immediate discharge of duty, it shall be cleaned and pressed as soon as possible. The carrying of umbrellas or canes while in uniform is prohibited. The Chief of Police shall direct the change of uniform from winter to summer dress, and vice versa.
B. When blouse or overcoat is worn, Sam Browne belts and holsters shall be worn on the outside of the same.
C. Sweaters, vests or other nonregulation clothing shall not be worn so as to be visible or cover any part of the regulation uniform.
D. Uniforms and equipment shall at all times, while being worn, be in good repair, neat and clean.
E. Uniforms or any part thereof shall not be worn by any member except when on duty or reporting for duty and reporting off duty.

§ 33-10. Equipment and supplies.
A. All members of the Police Department shall wear the official badge when on duty or in uniform. When in uniform, it shall be worn conspicuously on the left breast of the outermost garment.
B. If an officer's police-equipment issue is lost, broken, bent or otherwise changed in form, cost of replacement or repairs will be charged to the officer, unless he can show that such loss or change was not incurred through personal negligence.
C. Members of the Department shall not exchange revolvers issued by the Department, without the consent of the officer in charge of equipment.
D. Police revolvers and all other mechanical equipment must at all times be kept in perfect working order, clean and lightly oiled, and inspected periodically. All other equipment must be kept ready for service and in good condition.
E. The Chief of Police shall be responsible for keeping an inventory of all equipment, and shall annually make a report of such inventory to the Borough Council.

ARTICLE IV, General Regulations

§ 33-11. Use of alcoholic beverages.
No member while on active duty or engaged in any special assignment shall indulge in the drinking of any alcoholic beverages. The Mayor, any member of the Council or the Chief of Police is especially charged to suspend from duty at once any member under the influence of alcoholic liquor while on duty, and at the earliest possible time thereafter report such suspension to the Borough Council for subsequent action.

§ 33-12. On duty; active duty.
Every member of the Police Department shall be considered as on duty 24 hours of each day, and may be assigned to active duty at any time by the Chief of Police.

§ 33-13. Punctuality.
Members of the Department must be punctual to the minute in reporting for duty and in all other details. Delay in transit will not excuse lateness, except such delay as is caused in the line of duty, in which case a report in writing shall be submitted to the superior officer.

§ 33-14. Reporting for duty.
A. It shall be the duty of each member of the Department to be in the police headquarters in proper uniform, with proper equipment and ready for duty at the time designated as the beginning of his term of duty for that date.
B. Any member not present at headquarters at the scheduled time listed for his term of duty may be liable for the loss of that day's salary and/or suspension, unless for reasons of sickness, death, emergency or other reason permission to be absent has been previously granted by the Chief of Police.

§ 33-15. Orders and directives.
A. Members of the Department shall thoroughly, cheerfully and promptly obey all orders emanating from any superior officer. In event of any order so received conflicting with any general or special order, the member shall promptly and respectfully call attention to such conflicting orders to, and for the benefit of, the superior officer.
B. If the superior officer does not change his order, his order shall stand and the member involved will not be held responsible for disobedience of any former order in obeying the command. Orders or directives shall only emanate from within the Police Department.

§ 33-16. Conduct.
Members of the Department must at all times treat citizens, associates and superior officers with civility, and shall refrain from harsh, profane or insolent language. They shall answer all questions in a gentlemanly and courteous manner.

§ 33-17. Interdepartmental communications and reports.
All interdepartmental communications and reports shall be in writing and shall be promptly answered in writing.

§ 33-18. Report prior to leaving headquarters.
A. It shall be the duty of every member of the Department, before leaving the police headquarters at the close of each tour of duty, to file any and all reports necessary pertaining to the activities of that tour of duty. Such reports shall include:

(1) A complete comprehensive daily report.
(2) A report of any motor vehicle accident.
(3) A report of any special investigation.
(4) Any other report of activities not covered in the foregoing.
B. Members volunteering for or assigned to off-duty investigations shall also make reports concerning such investigations as soon as possible after the investigation or at a time so requested by the Chief of Police or the immediate superior officer.

§ 33-19. Submission of requests.
All requests by members of the Department must be made in writing, such as extra days off, change in routine schedule, etc., and submitted to the Chief of Police.

§ 33-20. Report of injury in line of duty.
When any member is injured in line of duty, he will within 48 hours after such injury submit or cause to be submitted a report to the Chief of Police.

§ 33-21. Use of radio.
A. Radio must be reported in and out of service at all times.
B. Radio logs must be kept current as outlined by Federal Communications System.

ARTICLE V, Duties of Chief of Police

§ 33-22. General powers and duties.
The Chief of Police shall be in command of the Police Department and shall perform any and all duties that may be prescribed by the Borough Council.

§ 33-23. Maintenance of spirit of cooperation and help.
He is especially charged with maintaining a spirit of cooperation and mutual help between the force in his command and all other departmental branches of the Borough.

§ 33-24. Devotion of time to duties.
He shall devote his whole time to the duties of his office and give his best efforts to the investigation, solution and prevention of felonies, fires and riots and all other breaches of the peace.

§ 33-25. Inspections.
He shall make frequent inspections of the personnel and equipment of his Department and report in writing to the Mayor the conditions that he feels need correction.

§ 33-26. Instruction.
He shall instruct all members of the Department in the knowledge pertaining to the enforcement of laws and ordinances and in general police duties.

§ 33-27. Changes in regulations or assignments.
The Chief of Police may temporarily, at his discretion, rescind, amend or change any departmental order or directive, whether written or oral. Such change shall be posted on the bulletin board and no other notification shall be necessary. The Chief of Police, whether on or off duty, may assign any patrolman or higher-rank officer to a specific duty.

§ 33-28. Responsibility for carrying out duties and regulations.
He shall be responsible for the carrying out of all of the duties and regulations contained herein.

ARTICLE VI, Duties of Patrolman

§ 33-29. Familiarity with post.
He shall make himself thoroughly familiar with all parts of his post, including streets, alleys, courts and lots and houses therein. He should also acquire such knowledge of the inhabitants and frequenters of places on his post as will enable him to recognize as many as possible.

§ 33-30. Attention to vehicles.
He shall pay particular attention to motor vehicles of all kinds, observing the license numbers, watching for such as have been stolen or which may have been used in commission of crime, or which are not properly licensed and legally equipped, or that may be violating any laws, ordinances or regulations pertaining to motor vehicles.

§ 33-31. Acts constituting neglect of duty.
Failure of any officer to report and take appropriate action in case of fire, crime, disorder or other conditions known to him and requiring police action, within a reasonable time after arriving on his post, will be considered neglect of duty.

§ 33-32. Following Department regulations.
It shall be the duty of each officer holding the rank of patrolman to follow any departmental regulations set forth herein.

§ 33-33. Carrying out of regulations and orders.
In addition to general departmental regulations, it shall be the duty of patrolmen to carry out any orders or directives from their immediate superior officer in charge at the time.

§ 33-34. Responsibility to immediate superior officer.
Patrolmen shall at all times be responsible to their immediate superior officer while on a scheduled tour of duty.

§ 33-35. Responsibility for all incidents: notice, reports.
A patrolman shall be directly responsible and held accountable for any incident that occurs within his assigned jurisdiction during his tour of duty and, in addition, shall be responsible that his immediate superior officer is so notified and that the proper reports are made of such incident.

§ 33-36. Acquaintance with regulations.
Patrolmen shall be responsible for making themselves acquainted with any and all regulations herein set forth and any orders or directives which may from time to time be posted by their superior officer.

§ 33-37. Complete reports of particular incidents.
Patrolmen who wish to report an incident which they feel should have further attention must submit a complete report of same to the Chief of Police.

ARTICLE VII, Job Qualifications

§ 33-38. Patrolman.
A. All applicants must be 18 years old at the date of application. [Amended 12-19-1995 by Ord. No. 3-1995]
B. Education shall be equivalent to that represented by graduation from a standard high school.
C. Each applicant shall exhibit good social and general intelligence, medical and physical well-being, fitness to be out of doors under adverse conditions, ability to treat the public with courtesy and, when necessary, firmness, aptitude for police work, tact, good character and the ability to understand and carry out complex orders.
D. The applicant can either be a resident of the Borough or a nonresident. [Amended 8-21-1984 by Ord. No. 4-84]
E. No applicant who has received less than an honorable discharge from the Armed Forces shall be acceptable for employment by the Police Department.

§ 33-39. Rank above patrolman.
A. For appointment to or promotion above the rank of patrolman, the applicant must have:

(1) Comprehensive and facile understanding of laws, ordinances, rules and regulations of the Department, Borough, county and state.
(2) Knowledge of basic and advanced police procedures, including the definition of crimes, criminal procedure, firearms, self-defense, public relations and police administration. This requirement may be waived, providing the applicant will attend instruction courses as offered during the year.
(3) Superior supervisory ability.
(4) Ability to think quickly, to judge a situation quickly and accurately and to act in a crisis without hesitation.
B. Whenever a vacancy or the need of a promotion exists above the rank of patrolman, such appointment shall be made by the Borough Council.

ARTICLE VIII, Code of Discipline

§ 33-40. Offenses against discipline.
Any member of the Police Department commits and is guilty of an offense against discipline if he:
A. Acts in a disorderly manner prejudicial to discipline or such as to bring discredit on the reputation of the Department.
B. Is insubordinate or uses oppressive conduct, that is to say, if he:

(1) Is insubordinate by word, act or demeanor.
(2) Is guilty of oppressive or tyrannical conduct toward an inferior in rank.
(3) Uses obscene, abusive or insulting language to any member of the Department.
(4) Willfully or negligently makes a false complaint or statement against any member of the Department.
(5) Assaults any member of the Department.
(6) Threatens any member of the Department by withholding information which should have been reported.
C. Disobeys orders, that is to say, if he disobeys or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise.
D. Neglects his duties, this is to say, if he:
(1) Neglects or without good and sufficient cause fails to promptly and diligently attend to or carry out anything which is his duty as a member of the Department.
(2) Fails to work his best in accordance with orders, or leaves his post or other place of duty to which he has been assigned without due permission or sufficient cause.
(3) By carelessness or neglect permits a prisoner to escape.
(4) Fails to report any matter which it is his duty to report.
(5) Fails, when knowing where an offender is to be found, to report the same or to make reasonable efforts to apprehend him.
(6) Fails to report anything which he knows concerning a criminal charge, or fails to disclose any evidence which he or any person within his knowledge can give for or against any prisoner or defendant to a criminal charge.
(7) Neglects or without good and sufficient cause omits to carry out any instructions of a physician selected by the Borough Council, or while absent from duty on account of sickness is guilty of any act or conduct calculated to retard his return to duty.
E. Makes any false statement, that is to say, if he:
(1) Knowingly makes or signs any false statements in any official document or book.
(2) Willfully or negligently makes any false, misleading or inaccurate statement.
(3) Without good and sufficient cause destroys or mutilates any official document or record, or alters any entry therein.
F. Commits any breach of confidence, that is to say, if he:
(1) Divulges any matter which it is his duty to keep secret.
(2) Gives notice directly or indirectly to any person against whom any warrant or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons.
(3) Without proper authority communicates to the public press or to any unauthorized person any matter connected with the Department.
(4) Without proper authority shows to any person outside the Department any book or written document, the property of the Department or the Borough.
(5) Makes any anonymous communication to the Chief of Police or to any member of the Borough Council, or signs or circulates any petition or statement concerning the candidacy of anyone for any public office.
(6) Canvasses any member of the Borough Council or any official of the commonwealth, county or Borough, or the public, with reference to any matter concerning the Department, without authority from the Chief of Police.
(7) Signs or circulates, or encourages the signing or circulating of, any petition or statement with regard to any matter concerning the Department, except through the proper channels of correspondence to the Chief of Police.
(8) Calls or attends any unauthorized or political meeting to discuss any matters concerning the Department, or takes any active part in regular or primary elections except to vote thereat.
G. Commits any corrupt act, that is to say, if he:
(1) Receives any bribe.
(2) Fails to account for or to make a prompt and true return of any money or property received by him in his official capacity.
(3) Directly or indirectly solicits or receives any gratuity, present, subscription or testimonial without the consent of the Chief of Police or the Borough Council.
(4) Places himself under pecuniary obligation to any person who operates any establishment at which intoxicating beverages are sold, or to any person who holds a license concerning the granting or renewal of which the Department may have to report or give evidence.
(5) Improperly uses his character and position as a member of the Department for his personal advantage.
(6) In his capacity as a member of the Department, writes, signs or without sanction of the Chief of Police gives any testimonial or recommendation with the object of obtaining employment for any person or of supporting any application for the granting a license of any kind.
(7) Without the sanction of the Chief of Police, supports an application for granting of a license of any kind.
H. Commits any unlawful act or unnecessary exercise of authority, that is to say, if he:
(1) Without good and sufficient cause, makes any unlawful or unnecessary arrest.
(2) Uses unnecessary violence to any prisoner or other person with whom he may be brought into contact in the execution of his duty.
(3) Is uncivil to any member of the public.
I. Malingers, that is to say, if he feigns or exaggerates any sickness or injury with a view toward evading duty.
J. Is absent without leave or is late for duty, that is to say, if he is without leave from or is late for roll call, court or other duty.
K. Is uncleanly, that is to say, if he, while on duty or while off duty, in uniform, in a public place, is improperly dressed or is dirty or untidy in personal appearance, clothing or accouterments.
L. Damages clothing or other articles supplied, that is to say, if he:
(1) Willfully or by carelessness causes any waste, loss or damage to any article of clothing or accouterment or to any book, document or other property of the Department of the Borough, used by him and issued to him or entrusted to his care.
(2) Fails to report any loss or damage as above, however caused.
M. Exhibits drunkenness or uses drugs, that is to say, if he:
(1) While on duty or while off duty, in uniform, is unfit for duty by reason of the use of intoxicating liquor, beer or drugs.
(2) While off duty and not in uniform is unfit for duty by reason of the use of intoxicating liquor, beer or drugs.
N. Drinks on duty or solicits drinks or drugs, that is to say, if he:
(1) Without the consent of his superior officer, drinks or receives from any person any intoxicating liquor, beer or drugs while he is on duty or in uniform.
(2) Demands or endeavors to persuade any person to give him or to purchase or obtain for him any intoxicating liquor, beer or drug while he is on duty or in uniform.
O. Enters licensed alcoholic beverage premises unnecessarily while on duty or in uniform, that is to say, if he enters while on duty or in uniform any premise licensed under the liquor licensing laws or any other premises where liquors are stored or distributed, when his presence there is not required in the execution of his duty.
P. Creates or fails to meet certain financial obligations, that is to say, if he:
(1) Lends money to any superior or borrows from or accepts any present from an inferior in rank.
(2) Contracts bills which are not promptly paid.
(3) Endorses the notes or obligations of others with no intention or expectation of paying the same if he is legally called upon to do so.
Q. Commits or connives to commit certain crimes, that is to say, if he:
(1) Is convicted of a misdemeanor or felony under the laws of this commonwealth.
(2) Connives at or is knowingly an accessory to any offense against his discipline under this code.

§ 33-41. Punishment.
A. An offense against discipline may be punished by:

(1) Removal for the offense enumerated in § 33-42 hereof.
(2) Being required to resign forthwith or at such date as may be ordered (as alternative to dismissal).
(3) Reduction in rank.
(4) Reduction in rate of pay.
(5) Suspension without pay for a period not in excess of one year.
(6) Fine.
(7) Reprimand.
(8) Caution.
B. Every punishment except caution shall be entered on the member's record of conduct. A caution shall not be so entered.

§ 33-42. Removal.
A. Violation of any of the following provisions of § 33-40 of this chapter may be punished by immediate removal or by being required to resign forthwith or at such date as may be ordered: A; C; D(2) or (4); E(1) or (2); F(1), (2) or (3); G(1), (2) or (3); M(1); N(1) or (2).
B. If a physical or mental disability shall render any member of the Department unfit or unable to continue his duties, he shall be given an honorable discharge from the Department.
C. No employee shall be removed for racial, religious or political beliefs.
D. Resignation of permanent employees shall be in writing; any separation from the service without permission shall cause the employee to lose all rights of reinstatement.

§ 33-43. Procedure of appeals.
A. A written statement shall be furnished to such an employee, stating all the charges against him, within five days after such charges are filed.
B. In the event that an employee, subject to suspension or discharge, demands a hearing by the Borough Council, such hearing shall be granted. The Chief of Police shall furnish the Council with copies of the charges sent to the employee and his answer to such charges. There shall be held a hearing with all interested parties present, and the Council shall either uphold the dismissal or request the reinstatement of the employee against whom such actions has been taken, and he shall be compensated for the wages due him during the time that he was notified of his dismissal and the settling of the case.

ARTICLE IX, Vacations and Sick Leave [Added 9-18-1969]

§ 33-44. Vacations.
Each full-time policeman, after the expiration of any probationary period, shall have one week's vacation after one full year of employment and two weeks' vacation after two full years of employment. However, no policeman or police officer shall take more than one week of vacation between the dates of May 15 and September 15 in any calendar year.

§ 33-45. Sick leave.
Each policeman shall have six days of sick leave annually and said sick leave shall be eligible for accrual until a maximum of 24 days has been accrued.