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ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES and ACTIVITIES

CHAPTER 8. POLICE

Annotations By: Jacqueline Bejma

Sec. 7-801. Police Department

The police department will preserve public peace, prevent crime, arrest offenders, protect the rights of persons and property, guard the public health, preserve order and enforce the laws of the city, state and nation

The Police Department shall preserve the public peace, prevent crime, arrest offenders, protect the rights of persons and property, guard the public health, preserve order, and enforce laws of the State of Michigan and the United States and the ordinances of the City of Detroit.

Sec. 7-802. Board of Police Commissioners

The Board of Police Commissioners has supervisory control and oversight of the Police Department

The Board of Police Commissioners is composed of eleven (11) members,7 elected from each district, 4 appointed by the mayor with city council approval

Elected members shall not be entitled to salaries, retirement benefits, health benefits or other fringe benefits

Membership terms last 5 years

Members can be removed for cause

All members of the board must be residents of the city

The board will meet at least once per week

Compensation for appointed board members may be established by ordinance

The Board of Police Commissioners has supervisory control and oversight of the Police Department as set forth in this Chapter. The Board of Police Commissioners is composed of eleven (11) members, seven of whom shall be elected from each non at-large district. Four (4) members of the Board shall be appointed by the Mayor, subject to the approval of the City Council. However, if the City Council does not disapprove an appointment within thirty (30) days, an appointment is confirmed. Appointed members shall serve a term of five (5) years, and not more than one (1) member’s term expires each year. The Mayor shall not remove appointed members of the Board except for cause. Vacancies in positions held by appointed members shall be filled by the Mayor for the unexpired term, in the same manner as the initial appointment. All members of the Board must be residents of the City.

The Board shall elect a chairperson annually. A member of the Board may not serve consecutive terms as chairman, nor may an appointed person serve more than five (5) years consecutively as a member of the Board. The Board shall meet at the call of its chairperson, but shall meet at least once each week and may recess during Thanksgiving, Christmas and New Year holidays. All meetings shall be held in accordance with the Michigan Open Meetings Act. No appointed member of the Board shall have been an employee or elective or appointive officer of the city within three (3) years prior to appointment or while serving as a member of the Board. Unless required by state law, elected members shall not be entitled to salaries, retirement benefits, health benefits or other fringe benefits. Appointed members, and elected members not entitled to compensation by state law, may receive by ordinance reimbursement for parking, mileage and other reasonable expenses. All appointed Commissioners serving at the time of the effective date of this Charter shall continue in their office until their term expires or office becomes vacant.

Sec. 7-803. Duties of the Board of Police Commissioners

The board will:

1. Establish policies, rules and regulations
2. Review and approve the department budget
3. Receive and resolve any complaint concerning police department operations and make referrals to the appropriate authority
4. Act as final authority in imposing or reviewing discipline of any employee
5. Make an annual report to the mayor and city council on the department’s activities

The board may subpoena witnesses, administer oaths, take testimony and require the production of evidence

To enforce a subpoena or order the production of evidence, the board must apply to the appropriate court

The board may delegate the power to administer oaths and take testimony (in writing)

The Board shall:

1. In consultation with the Chief of Police, and with the approval of the Mayor establish policies, rules and regulations;
2. Review and approve the departmental budget before its submission to the Mayor;
3. Receive and resolve, as provided in this chapter, any complaint concerning the operation of the Police Department and forward all allegations of criminality to the appropriate internal or external law enforcement agency for further investigation;
4. Act as final authority in imposing or reviewing discipline of employees of the department;
5. Make an annual report to the Mayor, the City Council, and the public of the department’s activities during the previous year, including the handling of crime and complaints, and of future plans.

The Board may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the Board shall apply to the appropriate court. The Board may delegate in writing to a member of its staff the powers to administer oaths and take testimony. A delegation is revocable at the will of the Board and does not prevent exercise of any power by the Board.

Sec. 7-804. Staff

The board will appoint a board secretary

The secretary will not be an employee or elective or appointed officer within 3 years prior to appointment or while serving as secretary

The board will appoint a chief investigator and additional staff as necessary

The chief investigator will not be an employee or elective or appointed officer within 3 years prior to appointment or while serving as chief investigator

The board may hire additional staff as necessary

All staff members are under the direction of the board

1. Secretary to the Board
   
   The Board shall appoint a Board Secretary, who serves at its pleasure. The secretary shall not have been an employee or elective or appointive officer of the City within three (3) years prior to appointment. The secretary shall attend board meetings.
2. Investigative Staff
   
   The Board shall also appoint a Chief Investigator and such additional staff of investigators as it deems necessary. The Chief Investigator shall not have been an employee or elective or appointive officer of the city within three (3) years prior to appointment. Investigators serve at the Board’s pleasure. They must possess skills and experience necessary to complete investigative work.
3. Other Staff
   
   The Board may hire, in accordance with Article 6, Chapter 4, such additional staff as is necessary to carry out its duties. All members of the staff are under the direction of the Board, and the Chief of Police has no authority over any member of the staff.

Sec. 7-805. Chief of Police

The Chief of Police is appointed by the Mayor, with City Council approval from a list of candidates identified by the Board of Police Commissioners after a professional search

The Board of Police Commissioners shall conduct a professional search with a reputable and qualified executive search firm or other equally qualified entity to identify candidates for Chief of Police. The Mayor shall appoint, subject to approval by City Council, a Chief of Police from a list of qualified candidates provided by the Board of Police Commissioners. If City Council does not disapprove of the appointment within thirty (30) days, it is deemed confirmed. The Chief of Police serves at the pleasure of the Mayor.

The Chief of Police shall be skilled and experienced in police administration or law enforcement and as the head official in charge of the department, the Chief of Police shall be responsible for its day-to-day operations and administration.

Sec. 7-806. Duties of the Chief of Police

The Chief of Police is the Chief Executive Officer of the police department and shall administer the department consistent with the policies, rules, and regulations established by the Board

The chief of police is the chief executive officer of the police department

The chief of police will:

1. Organize the department with the approval of the board
2. Recommend rules, regulations and procedures to the board for its approval
3. Hire, promote, commend, transfer and discipline employees of the department
4. Have the authority to suspend and discharge employees of the department
5. File complaints against employees with the board secretary
6. Direct employees in job performance
7. Keep and control all property, books, records, equipment of the department or held as evidence
8. Submit an annual report to the board and provide copies to the mayor, city council and public
9. Present an annual police department operations improvement plan which will be file with the city clerk and distributed to the mayor, city council and public
10. Exercise other powers conferred by the board

The chief may appoint deputy chiefs with the approval of the board

The chief must attend all meeting of the board, but cannot speak on any issue or vote on any issue

1. The Chief of Police is the Chief Executive Officer of the police department and shall administer the department consistent with the policies, rules, and regulations established by the Board and shall organize the department with the approval of the Board;
2. Recommend rules, regulations, and procedures to the Board for its approval;
3. Prepare the annual budget for the police department.
4. Hire, promote, evaluate, commend, transfer, and discipline employees of the department; have authority to suspend and discharge employees of the department under section 7-807; file complaints against employees with the Board Secretary; and direct employees in the performance of their duties;
5. Except as otherwise provided by the Board, keep and control all property, books, records, and equipment belonging to the department or held by the department as evidence;
6. Submit to the Board an annual report of the operations of the department for forwarding to the Mayor, the City Council, and the public;
7. Present annually a police department operations improvement plan. The plan shall be filed with the City Clerk, distributed to the Mayor and City Council, and be a public record;
8. Exercise such other powers as conferred by the Board.
9. Attend all meetings of the Board of Police Commissioners, to the extent practicable, and speak on any issue, but may not vote.

The Chief, with the consent of the Board, may appoint necessary Deputy Chiefs.

Sec. 7-807. Discipline

The board will adopt a rules manual

The chief of police may discipline for a minor offense; disciplined employees may appeal to the board

The chief of police has the power to discharge of indefinitely suspend an employee for a major offense

Serious charges can be referred to the trial board

Trial board procedures are established by the rules manual

Decisions of the trial board may be appealed to the board of police commissioners

The board of police commissioners may appoint a fact finder to hear appeals

The decision of the board of police commissioners is final

Any employee charged with a serious offense and found innocent cannot lose any pay or seniority unless by a vote of 2/3 of the Board of Police Commissioners

1. Manual
   
   The Board, in consultation with the Chief of Police, shall adopt a manual of rules, regulations and procedures. The manual shall define categories of major and minor offenses and shall set forth the maximum and minimum penalties for each offense.
2. Summary Discipline
   
   The Chief of Police may implement summary discipline for a minor offense. A disciplined employee may request the Board of Police Commissioners to set aside the summary discipline and reinstate any loss of pay.
3. General Discipline
   
   The Chief of Police may discharge or indefinitely suspend any employee for a major offense. When an employee is discharged or indefinitely suspended or other serious charges are made and the employee contests the discharge, suspension or charge, the matter shall be referred to a trial board. The procedure for trial boards shall be established by the department’s rules and regulations. A member of a trial board must hold at least the rank of inspector or equivalent grade. All trial board proceedings shall be public. The decision of a trial board may be appealed to the Board of Police Commissioners.
   
   Instead of hearing an appeal itself, the Board of Police Commissioners may appoint a fact finder as provided in section 7-809. The fact finder shall conduct a hearing and report findings of fact to the Board. The Board’s disposition of the matter following such a hearing shall be final.
   
   An employee charged with a major offense is presumed innocent and shall not forfeit any pay or seniority rights pending final action by the Board of Police Commissioners except with the concurrence of a two-third (2/3) majority of members of the Board of Police Commissioners.
   

Sec. 7-808. Complaints

Complaints against the police department must be forwarded to the board secretary

Copies of each complaint will be given to the board, the chief investigator and the chief of police

The chief investigator must investigate complaints immediately and file a report with the board within 60 days

The board secretary will keep a public docket of complaints and their dispositions

The Board will notify any complainant in writing of action on their complaint within 30 days

Complaints concerning the Police Department filed anywhere in the Department shall be forwarded immediately to the Board Secretary. Copies of the complaint shall be made available to each member of the Board, the Chief Investigator, and the Chief of Police. The Chief Investigator for the Board shall investigate a complaint immediately and file a report of findings with the Board within sixty (60) days. Within thirty (30) days of receipt of a complaint by the Board Secretary, the Board shall send written communication informing the complainant that their complaint has been received, the guidelines on how the complaint will be handled, and the timeline on when the complainant shall receive a disposition on their complaint.

The Board Secretary shall keep and post on-line, a public docket of complaints and the disposition of each complaint after investigation. The docket shall not contain information which identifies or that can reasonably lead to identification of the parties.

Sec. 7-809. Resolution of Complaints

Any involved party can request a hearing by the board

The board secretary and respondent employee must agree on the choice of a fact finder

If an agreement cannot be reached on the selection of a fact finder, arbitration can be requested and designated by ordinance

The fact finder must be an attorney

The fact finder must submit findings to the board within 30 days

Any employee charged with a serious offense and found innocent cannot lose any pay or seniority unless by a vote of 2/3 of the Board of Police Commissioners

Board decisions on findings are final

If a complaint is not resolved as a result of investigation to the satisfaction of the complainant, the respondent employee, or a member of the Board of Police Commissioners, either the complainant, the respondent employee, or the Board member may request the board to hear or review the matter. The Board may, at its option, when it determines that a hearing or review is warranted by the evidence, hear or review the matter itself or refer the matter to a fact finder.

When a matter is referred to fact finding, the secretary to the board and the respondent employee shall attempt to agree upon a person to act as a fact finder. The fact finder must be an attorney. If the parties fail to agree on a fact finder, they shall request a recognized arbitration association as designated by ordinance, to propose the names of five (5) attorneys who could act independently and impartially as a fact finder in the matter. In the presence of a person authorized to take oaths, each side, acting in turn with the employee beginning, shall indicate a name to be struck from those proposed until both sides have struck two (2) names. The person whose name then remains is the fact finder. The fact finder, in the conduct of the hearing, may subpoena witnesses, administer oaths, take testimony, and require the production of evidence. To enforce a subpoena or order for production of evidence or to impose any penalty prescribed for failure to obey a subpoena or order, the fact finder shall apply to the appropriate court. The cost of the fact finder shall be borne by the city.

After a hearing, the fact finder shall, within thirty (30) days, submit findings of fact to the Board. The Board, upon receipt of the report of the fact finder shall, within thirty (30) days, determine any discipline to be imposed. It shall then make the report and its action public. The decision of the Board is final.

Any employee against whom a complaint is filed is presumed innocent and shall not forfeit any pay or seniority rights pending final action by the Board, except with the concurrence of a two-third (2/3) majority of members of the Board. All pleadings filed and all hearings before the Board and the fact finder shall be public. The parties to any hearing are the complainant and the respondent employee. Each has a right to counsel. The complainant’s case may be presented by the complainant or complainant’s counsel. Any probative evidence may be admitted.

Sec. 7-810. Division of Police Personnel

The division of police personnel is headed by the director of police personnel

The director of police personnel is appointed by the board

The director of police personnel must be a civilian

The Division of Police Personnel is headed by a Director of Police Personnel appointed by the Board. The Director of Police Personnel must be a civilian and serves at the pleasure of the Board.

Sec. 7-811. Deputy Director

The Director of Police Personnel shall appoint a Deputy who serves at the pleasure of the Director.

Sec. 7-812. Recruitment and Entry into Service

Applicants for the police department must enter the department in accordance with section 7-1113

Applicants for civilian service in the police department must enter classified service

Applicants for employment as police officers with the Department must enter the police service in accordance with section 7-813. Applicants for civilian employment with the department must enter the classified service as provided in Article 6, Chapter 4 of this Charter.

Sec. 7-813. Powers and Duties

The director of police personnel will recruit applicants, prepare and administer exams, prepare and conduct exam for promotion within the department

With the concurrence of the Chief of Police, the Director of Police Personnel shall recruit applicants for service as Police Officers with the Department, prepare and administer examinations for hiring police officers, and prepare and conduct examinations for promotion within the department.

Lateral entry into employment with the Department as a police officer is permitted in accordance with the rules, regulations, and procedures established by the Board.

Sec. 7-814. Promotions

The chief of police makes all promotions within the department, with the approval of the board

Promotions are made based on competitive exams

No one who has take an exam and been placed on a waiting list for promotion can be passed over for someone with a lower exam score

The Chief of Police shall make all promotions within the department. All promotions shall be with the approval of the Board.

Promotions shall be made on the basis of competitive examinations administered by the Director of Police Personnel except for positions above the rank of lieutenant or its equivalent. All examinations will be prepared by the Division of Police Personnel with the concurrence of the Board. No person who has taken an examination and has been placed on a register of employees eligible for promotion may be passed over in favor of an employee with a lower examination score.

Sec. 7-815. Examinations

All exams prepared and administered by the director of police personnel must be validated

All examinations prepared and administered by the Director of Police Personnel must be validated as provided in section 6-411.

Sec. 7-816. Employees

Employees of the Department shall receive equal pay for the same or similar work and have an equal opportunity for promotion.

Sec. 7-817. Police Officers Employed by Governmental and Educational Institutions

The chief of police may appoint police officers for a governmental or educational institution

These officers are subject to the policies, rules, regulations and discipline of the police department

The Chief of Police may, upon the annual application of governmental or educational institution showing a sufficient necessity, appoint police officers at the charge and expense of the institution making the application, to do duty at any place designated by the chief. These police officers hold office at the pleasure of the Chief and are subject to the policies, rules, regulation, and discipline of the department. They shall wear such dress and emblems as the Chief prescribes. They possess, as conservators of the peace, all powers and privileges and may perform all duties of police officers.

Sec. 7-818. Police Reserves

The chief of police may appoint reserve officers

The chief of police will set qualifications for reserve officers

Police reserves will have powers designated by the chief of police

The Chief of Police may appoint persons to serve as Police Reserves and set qualifications for entry into the reserves. Police Reserves when called to duty shall possess such powers as designated by the chief, including the powers of peace officers. Training standards shall be set by the chief. Unless there exists an officially declared emergency, duty shall be voluntary. The use of reserves shall be in accordance with rules and regulations approved by the Board and the Mayor.