Chapter 2-32 POLICE DEPARTMENT

There is established an executive department of the municipal government of the city which shall be known as the police department. The department shall consist of the chief of police, the deputy chief of police, four (4) commanders, four (4) lieutenants, and such number of patrolmen, deputy marshals, community service officers and such other nonsworn personnel as may be provided for from time to time by the mayor and his/her designee in the annual appropriation ordinance. The department may also be supplemented from time to time by civilian crossing guards to regulate traffic in the vicinity of grade schools during such hours of school days as may be required for that purpose. (Ord. 3431 § 2, 2021; Ord. 2910 § 1 (part), 1995)

2-32-020 Office of chief of police created.

There is created the office of chief of police. The chief of police shall be appointed by the mayor with the advice and consent of the city council. The chief of police shall be responsible for the general management and control of the police department and shall have full and complete authority to administer the department in a manner consistent with the ordinances of the city, the laws of the state, and the rules and regulations of the police department. (Ord. 2910 § 1 (part), 1995)

2-32-030 Powers and duties.

Subject to the rules of the department and the direction of the mayor, the chief of police shall have the power and duty:

A. To administer the affairs of the department as its chief administrative officer;

B. To organize the department with the approval of the mayor;

C. To make appointments, promotions, transfers of and to take disciplinary action against employees of the department, subject to the civil service commission rules and regulations and collective bargaining agreements as appropriate;

D. To appoint, discharge, suspend or transfer the employees of the department, in accordance with the civil service commission rules and regulations and applicable collective bargaining agreements, and to issue instructions and general orders to said employees in the line of their duties;

E. To expend the funds of the department in accordance with the provisions of the annual appropriation ordinance and in accordance with such accounting and purchasing requirements as are established by the city;

F. To recommend to the mayor an annual departmental budget covering the anticipated revenues and expenditures of the department in accordance with the general requirements of the city with respect to budgetary matters;

G. To certify all expenditures of the department to the city comptroller;

H. To receive drug seizure awards from the state or federal governments and to certify expenditures from those funds in accordance with the provisions of this code;

I. To exercise such further powers in the administration of the department as may be conferred upon him by the mayor or the city council;

J. To be eligible for consideration for part-time police officer for the city of Harvey the candidate must be at least twenty-five (25) years of age, have a valid driver’s license and FOID card, be a citizen of the United States of America, must have and provide a working telephone number, be able to successfully complete a physical agility test, be able to successfully pass an in-depth background check, be able to successfully pass a psychological examination and be available to work no less than one hundred (100) hours in a calendar year and no more than one thousand five hundred sixty (1,560) total hours in a calendar year. (Ord. 3272 § 1, 2012; Ord. 2910 § 1 (part), 1995)

2-32-040 Office of deputy chief created.

There is created the office of deputy chief of police, who shall be appointed by the mayor upon the recommendation of the chief of police. The deputy chief of police shall have such duties as the chief of police may assign, in addition to those duties described in the police department operations manual. The chief of police may authorize the deputy chief to act in his place and stead in the event of his absence or illness. There may be as many deputy chiefs as are provided for in the annual appropriation ordinance. (Ord. 2910 § 1 (part), 1995)

2-32-050 Members of the department.

The following employees of the police department, namely the chief of police, the deputy chief, commanders, lieutenants, and patrolmen shall constitute the uniformed service and shall be known and designated as members of the police department. In addition to the sworn personnel described above, the department shall also consist of such nonsworn civilian personnel, such as secretaries, administrative assistants, records clerks, typists, janitors and such other personnel as may be provided for by the corporate authorities in the annual appropriation ordinance. (Ord. 3431 § 2, 2021; Ord. 2910 § 1 (part), 1995)

2-32-055 Hiring patrol officers through lateral transfer.

The mayor, in conjunction with the civil service commission and the chief of police, may appoint those qualified candidates possessing previous law enforcement experience to the rank of patrol officer without examination by the Harvey civil service commission in accordance with the procedures set forth herein:

A. Upon such authorization, the personnel director shall place an ad in a newspaper of general circulation, which includes the city of Harvey, advising of the availability of such positions.

B. The personnel director in conjunction with the Harvey civil service commission and the Harvey police department shall interview and otherwise assess each applicant for an available position, and shall forward their recommendation to the mayor.

C. No person shall be appointed to such position unless such person is at the time of appointment a full-time member of a regular police department of any municipality in the state of Illinois in good standing who has completed any applicable probationary period of employment and meets all the necessary requirements as set forth in the Harvey Police Operations Manual Sections 1.01.05 and 2.01.01. Employees so appointed shall be credited for salary purposes, as depicted below, with the time served by him or her on the date of such appointment to the Harvey police department and shall be given the rank of patrol officer.

Years of Prior Law Enforcement Experience	Annual Starting Salary
Up to 5 Years	* Up to $25,000.00
Over 5 Years	* Up to $25,000.00

*Contingent on prior law enforcement experience

D. Upon hiring, such patrol officers shall be under the authority of the Harvey civil service commission for purposes of promotion and discipline in accordance with the usual administrative and civil service guidelines.

E. Lateral transfer appointments to the Harvey police department to the rank of patrol officer shall not exceed ten (10) in any calendar year. (Ord. 2907 § 2, 1994)

2-32-060 Police department operations manual.

The chief of police is authorized to establish the operating procedures of the department through the formulation of an operations manual governing the day to day operation and management of the department. The chief of police is further authorized to modify, supplement and amend the police department operations manual dated July, 1984 in such manner as will promote the efficient operation of the department and to issue such general orders as may be necessary to insure the efficient operation of the department. (Ord. 2910 § 1 (part), 1995)

2-32-070 Auxiliary police officers.

A. The mayor may appoint, with the advice and consent of the city council, auxiliary police officers to serve as described in this section. Before the appointment of an auxiliary police officer, the person’s fingerprints shall be taken, and no person shall be appointed as an auxiliary police officer if that person has been convicted of a felony or other crime involving moral turpitude. The mayor may terminate appointment as an auxiliary police officer at any time.

B. Auxiliary police officers shall not be full members of the regular police department. Identification symbols worn by auxiliary police officers shall be different and distinct from those used by members of the regular police department. Auxiliary police officers shall at all times during the performance of their duties be subject to the direction and control of the chief of police.

C. Auxiliary police officers may be assigned to perform the following duties in a municipality: (1) to aid or direct traffic within the municipality; (2) to aid in control of natural or manmade disasters; (3) to aid in case of civil disorder as directed by the chief of police; (4) when it is impractical for members of the regular police department to perform their normal and regular police duties, the chief of police may assign auxiliary police officers to perform those normal and regular police duties, except as prohibited by law; and (5) to perform such other duties as are authorized by law.

D. Before performing such duties, auxiliary police officers shall receive training in the use of weapons and other police procedures appropriate for the exercise of the powers conferred upon them under this section. Before being permitted to carry a firearm, however, an auxiliary police officer must have the same course of training as required of peace officers under Section 2 of the Peace Officer and Probation Officer Firearm Training Act, 50 ILCS 710/2. Auxiliary police officers shall not carry firearms except with the permission of the chief of police and while in uniform and in the performance of their duties. (Ord. 3441 § 1, 2021; Ord. 2910 § 1 (part), 1995)

2-32-080 Animal wardens.

There is created a section of the department with employees to be known as animal wardens. Animal wardens shall be responsible for picking up, transporting and disposing of small animals in accordance with applicable ordinances and procedures. (Ord. 2910 § 1 (part), 1995)

2-32-090 Canine unit.

The chief of police is authorized to establish a canine unit of the police department for purposes of drug investigation. (Ord. 2910 § 1 (part), 1995)

Article II. General Powers and Duties

2-32-100 General duties.

The members of the police force of the city, when on duty, shall devote their time and attention to the discharge of the duties of their stations, according to the laws of the state and ordinances of the city and the rules and regulations of the department, to preserve order, peace and quiet and enforce the laws and ordinances throughout the city. (Ord. 2910 § 1 (part), 1995)

2-32-110 Power of arrest—Service of warrants.

A. The sworn members of the police department shall have the power:

1. To arrest or cause to be arrested, with or without process, all persons who break the peace, or are found violating any municipal ordinance or any criminal law of the state;

2. To commit arrested persons for examination;

3. If necessary, to detain arrested persons in custody overnight or Sunday in any safe place, or until they can be brought before the proper court; and

4. To exercise all other powers as conservators of the peace as are provided for in this code.

B. All warrants for the violation of municipal ordinances or the state criminal law to whomsoever directed, may be served and executed within the limits of the city by any police officer. (Ord. 2910 § 1 (part), 1995)

2-32-120 Process serving.

The sworn members of the police force shall have power and authority and it shall be their duty to serve and execute warrants and other process in the city for the summoning, apprehension, and commitment of any person charged with violation of any provision of this code, or with any crime or misdemeanor, or offense against the laws of the city or state. (Ord. 2910 § 1 (part), 1995)

2-32-130 Aid to fire department.

It shall be the duty of sworn members of the police force to aid the fire department by giving alarms in case of fire and by clearing the streets or grounds in the immediate vicinity of a fire, so that the members of the fire department shall not be hindered or obstructed in the performance of their duties. (Ord. 2910 § 1 (part), 1995)

2-32-140 Notice of sidewalk and street defects.

It shall be the duty of all police officers to report to the superintendent of the public works department all defects in sidewalks or streets, together with information pertaining to any accident occurring thereon. In the event of an accident, notice shall also be given to the corporation counsel. (Ord. 2910 § 1 (part), 1995)

2-32-150 Police dogs—Interference with activities unlawful.

It is unlawful for any person to wilfully or maliciously torture, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police department of the city in the performance of the functions of such department, or to interfere with or meddle with any such dog while being used by said department or any officer or member thereof in the performance of any of the functions or duties of said department or of such officer or member. (Ord. 2910 § 1 (part), 1995)

2-32-160 Lost and stolen property—Custody.

The chief of police shall designate a member of the department to act as custodian of lost and stolen property and all property seized or taken by the police. All officers and members of the department into whose possession may come any property seized or taken shall deliver the same at once to the custodian, unless it is needed for immediate use in any case, and in that event a report and inventory of the same shall be forwarded at once to the said custodian. (Ord. 2910 § 1 (part), 1995)

2-32-170 Sale of seized or unclaimed property.

The custodian shall keep a record of all property which may be seized or otherwise taken possession of by the police department. If such property shall not be claimed by the rightful owner thereof and possession surrendered to such owner within thirty (30) days from the date of the final disposition of the court proceedings in connection with which such property was seized or otherwise taken possession or, in case there are no court proceedings, then if such property shall not be claimed by the rightful owner thereof and possession surrendered to such owner within six months from the date of such seizure or taking by the police, said custodian shall proceed to dispose of said property. If such property is deemed salable, the custodian shall cause to be published in a daily newspaper of the county a notice of sale at public auction of such property, describing the property in general terms and not by individual item, and shall give notice that if such property is not claimed by the rightful owner or owners thereof within ten days from the date of such publication such property will be sold at public auction at such place as the chief of police may direct and in such manner as to expose to the inspection of bidders all property so offered for sale. No member of the police department, directly or indirectly, shall participate in the bidding for, or purchase of such unclaimed property. If the chief of police determines that the unclaimed property would be of use to any city department, such property may be retained for use of such department. Property which is determined to be unsalable shall be confiscated and destroyed. The chief of police may promulgate rules and regulations governing the conduct of the sale of such property at auction, which shall become effective upon approval by the city council. (Ord. 2910 § 1 (part), 1995)

2-32-180 Proceeds of sales—Disposition.

The proceeds of any sale or sales so made, after deducting the cost of storage, advertising, selling and other expenses incident to the handling or selling of such property, shall be remitted to the comptroller for deposit into the general fund of the city. (Ord. 2910 § 1 (part), 1995)

2-32-190 Disposal of weapons.

None of the provisions of the preceding sections pertaining to the sale or disposition of unclaimed property shall apply to pistols, revolvers, bowie knives, darts, slung-shots, metallic knuckles or other deadly weapons of like character. All such weapons, except those that the chief of police shall deem to be of use to the department of police and retain for the use of said department, shall, within six months of their receipt, be destroyed by being placed in a furnace and melted down to form new metal. (Ord. 2910 § 1 (part), 1995)

2-32-200 Discharge from service.

Discharge of police officers from the uniformed service shall be in conformance with the rules of conduct established in the police operations manual, the civil service commission rules and statutes and applicable collective bargaining agreements. (Ord. 2910 § 1 (part), 1995)

2-32-210 Impersonating police officer unlawful.

No person not a member of the police department shall impersonate a police officer or member of the department. Any person who is convicted of impersonating a police officer by a court of competent jurisdiction shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00). (Ord. 2910 § 1 (part), 1995)

Article III. Disposition of Drug Seizure Awards

2-32-220 Chief of police as designated recipient.

In making application for the distribution of drug seizure awards by the state or federal government, the chief of police shall be designated as the recipient of any such award and shall have the authority to apply for the distribution to the city, in accordance with state and federal law, of any funds or property seized in which the police department has participated in the seizure. (Ord. 2910 § 1 (part), 1995)

2-32-230 Report to the comptroller on funds or property awarded.

The chief of police shall report to the city comptroller, on not less than a monthly basis, all awards of funds or property received by him pursuant to state or federal law. (Ord. 2910 § 1 (part), 1995)

2-32-240 Recordkeeping of receipts and disbursements.

The chief of police shall maintain records, open to inspection by the comptroller and the mayor, on any such receipts and disbursements made from funds received pursuant to this section. Such records shall not be open to the public nor be considered a public record of the city. (Ord. 2910 § 1 (part), 1995)

2-32-250 Funds to be expended in accordance with state and federal requirements.

Any such funds expended shall be used for purposes which are consistent with and related to state and federal guidelines regarding the uses to which such funds may be put. Funds shall be maintained in a separate and segregated account and shall not be deposited into the general fund of the city. For purposes of establishing this fund, the comptroller and the police chief shall be authorized to execute the documents necessary to establish such account at an appropriate institution. (Ord. 2910 § 1 (part), 1995)

2-32-260 Auditing required.

Funds or property received pursuant to this division shall be audited by the city auditor at the same time that other funds of the city are audited. The police chief shall be required to maintain sufficient records to enable such an audit to take place, except as provided in Section 2-32-270. (Ord. 2910 § 1 (pert), 1995)

2-32-270 Confidentiality of certain transactions.

Funds awarded pursuant to this section may be utilized for undercover police operations. As a result, a full and complete audit trail may endanger confidential investigations and threaten the lives of confidential police informants. Where funds awarded pursuant to this section are to be used for confidential police operations, it shall be sufficient compliance with the auditing requirements for the chief of police to supply the case number to which such expenditures relate. For such transactions, the chief shall be required to maintain sufficient information to establish for the relevant state and federal authorities that funds were utilized in accordance with all requirements imposed by such agencies. (Ord. 2910 § 1 (part), 1995)