§ 3.11. Police Department.

(a)

Creation. There is hereby created the Elmhurst Police Department, an administrative department of the municipal government under the general supervision of the City Manager.

(b)

Chief of Police. There is hereby established the position of Chief of Police, an administrative officer who shall be appointed by the City Manager with the advice and consent of the City Council.

(c)

Deputy Police Chief. There is hereby created the position of Deputy Police Chief, an administrative officer, whose appointment and removal shall be by the Police Chief with the concurrence of the City Manager. The Deputy Police Chiefs shall be appointed from the rank of sergeant or commander currently serving on the department. Any person appointed to the rank of Deputy Police Chief shall, during his term of office, continue to hold that rank to which he/she has been appointed by the Board of Police and Police Commissioners, provided that a Deputy Police Chief shall be entitled to and receive only that salary pertaining to the rank of Deputy Police Chief. The Deputy Police Chiefs shall perform such administrative functions as may be assigned by the Police Chief.

(d)

Commander. There is hereby created the position of Commander whose appointment and removal shall be made by the Police Chief with the concurrence of the City Manager. The persons appointed to the position of Commander shall be from the rank of Sergeant. Commanders, under the general supervision of the Police Chief, shall serve as Shift Commander and Detective Commander for their assigned unit and shall perform such other administrative functions as may be assigned by the Police Chief. Any person appointed to the position of Commander shall, during their term of office, also continue to hold the rank of Sergeant to which he/she has been appointed by the Board of Police and Police Commissioners provided that Commanders shall be entitled to and receive only that salary pertaining to the position of Commander.

(e)

Divisions and Sections. The Chief of Police shall create such administrative divisions and sections as he deems necessary to the functioning of the Police Department.

(f)

Personnel. The position of police officer is hereby created. There shall be not to exceed seventy (70) persons appointed to the position of police officer with ranks and numbers of persons within such ranks as follows:

1.

Chief of Police, not to exceed one;

2.

Deputy Chief of Police, not to exceed two;

3.

Commander, not to exceed four;

4.

Sergeant, not to exceed eleven (11) (such persons in such rank to include those persons appointed to the rank of Commander);

5.

All others with rank of police officer.

Any person appointed to the rank of Chief of Police shall, during his term of office, also continue to hold that rank to which he has been appointed by the Board of Fire and Police Commissioners, provided the Chief of Police shall be entitled to and receive only that salary pertaining to the rank of Chief of Police.

Effective upon the termination of employment of those persons holding the rank of Deputy Chief as of January 1, 2006 or the promotion of same to the rank of Police Chief, the appointment of Deputy Chief shall be made as provided in Section 3.11(c) hereof. Notwithstanding any provision of this Section to the contrary, any person who was appointed to the position of Deputy Police Chief by the Board of Fire and Police Commissioners and who is later promoted to Police Chief shall continue to hold the rank of Deputy Police Chief provided that such person shall be entitled to and receive only that salary pertaining to the rank of Police Chief.

(g)

Appointment. Police officers of the rank of Sergeant and below shall be appointed in accordance with the statutes relating to the function of Board of Fire and Police Commissioners.

(h)

General Powers and Duties of Chief.

1.

The Chief of Police shall have general and special supervision of the Police Department and all of its properties, equipment, appliances, and implements used in, about or appurtenant to, the department, and he shall be held responsible for the proper use thereof and of the proper efficiency and conduct of the members of the department, all under the direct supervision of the City Manager, to whom he shall be directly responsible. He shall make a monthly report to the City Manager, describing the activities of the department for the month. He shall counsel and advise with the City Manager, and other members of the Police Department and shall be the direct administrative and executive head of the department, subject to direction and supervision in all of his acts to the City Manager.

2.

The Chief of Police shall, with the suggestions and under the direction of the City Manager, and the Board of Fire and Police Commissioners promulgate a set of rules and regulations for the guidance and government of the members of the department.

3.

The Chief of Police shall enforce all ordinances and police regulations of the City and orders of the Mayor and City Council, and the laws of the state and the United States.

(i)

General Powers and Duties of Police Officers. It shall be the duty of all police officers (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 over night or Sunday in any safe place, or until they can be brought before the proper magistrate; and (4) to exercise all other powers as conservators of the peace that the corporate authorities may prescribe.

(j)

Bonds. Every police officer of the City shall file a bond in the sum of one thousand dollars ($1,000.00).

(k)

Riots. Whenever the Police Department shall find it impossible or shall have insufficient power to suppress riots, routs, disorderly or unruly assemblies or to maintain the public peace and tranquility and suppress disorder and the Mayor is satisfied that the situation has passed beyond the control of the Police Department, it shall be the duty of the Mayor to notify the Governor of the state thereof and to obtain the aid of the state.

(6/19/79; 3/15/93; 7/5/95; Ord. 3-2006 §§ 1—3)