Chapter 129: Police Department

Sections

• 129.01   Department established
• 129.02   Composition of department
• 129.03   Probationary and original appointments; appointment requirements for full-time regular patrol officers
• 129.04   Application, examination and evaluation of candidates
• 129.05   Oath
• 129.06   Special police duty for private entity
• 129.07   Emergency aid outside Village
• 129.08   Parking Enforcement Unit

Cross references

• Police Department - see CHTR. Art. VII, Sec. 1
• Appointment and removal of police officers - see CHTR. Art. VII, Sec. 2
• Assistance of State Criminal Bureau - see Ohio R.C. 109.51 et seq.
• Police protection contracts - see Ohio R.C. 505.441, 737.04
• Recovered property and disposition - see Ohio R.C. 737.29 et seq.
• Resisting an officer - see GEN. OFF. 525.09
• Chief blocking off streets - see TRAF. 311.03
• Assisting Police Department - see GEN. OFF. 525.06
• Impersonating an officer - see GEN. OFF. 525.03, 545.16
• False reports to - see GEN. OFF. 525.02
• Impounding dogs - see GEN. OFF. 505.02

129.01   Department established

A Police Department is hereby established for the Municipality.
(Ord. 2015-21. Passed 7-27-15.)

129.02   Composition of department

1. (a) The Police Department shall consist of a Chief of Police and such other positions as authorized by ordinance of Council, including:

   1. (1) Full-Time Regular Patrol Officers. Full-Time Regular Patrol Officers shall perform all duties enjoined upon them by the laws of the State and the ordinances of this Municipality, and such duties as may be directed or designated by the Chief of Police or the Mayor.

   2. (2) Part-Time Patrol Officers. Part-Time Patrol Officers shall serve at such times and perform such duties as shall be directed by the Chief of Police, and when on duty shall have the same authority as a regular patrol officer of the Department. Part-Time Patrol Officers shall not be regularly scheduled to work for more than twenty-nine (29) hours per week.

   3. (3) Administrative Assistant. There is hereby created the position of Administrative Assistant who shall be appointed by the Chief of Police.

   4. (4) Police Clerk. There is hereby created the part-time position of Police Clerk.

   5. (5) School Guards. There is hereby created the position of School Guard. The Chief of Police or the Chief’s designee may, as deemed necessary, appoint persons to serve as School Guards, which School Guards may be removed from that position at any time for any reason. Persons appointed as School Guards shall perform their duties under the control and direction of the Chief of Police or the Chief’s designee, shall work the hours designated by either of these individuals on each day that school is in session and shall perform their services in such manner as the Chief of Police or the Chief’s designee may direct.

   6. (6) Parking Enforcement Official. There is hereby created the position of Parking Enforcement Official, who shall serve as a member of the Parking Enforcement Unit of the Police Department. The responsibilities of Parking Enforcement Official and the Parking Enforcement Unit are more fully described in Section 129.10 of this chapter.

   7. (7) Officer in Charge. The Chief of Police shall designate an Officer in Charge of the Department during the absence, disability or incapacity of the Chief. In the absence, disability or incapacity of the Chief where no Officer in Charge has been designated by the Chief, the Mayor may designate an Officer in Charge or an acting Chief of Police.

   8. (8) Police Auxiliary. The Chief of Police may, as deemed necessary, appoint persons to serve as non-sworn Auxiliary Officers. Persons appointed as Auxiliary Officers serve on a volunteer basis and provide support to sworn law enforcement officers. The supporting roles of Auxiliary Officers may include traffic control, unarmed security duty and other activities that may lawfully be performed by civilians.

2. (b) All Full-Time Regular Patrol Officers shall be appointed by the Mayor, subject to confirmation by Council. All other positions shall be filled by appointment of the Mayor, except as otherwise indicated herein.
   (Ord. 2015-21. Passed 7-27-15.)

129.03   Probationary and original appointments; appointment requirements for full-time regular patrol officers

1. (a) All Full-Time Regular Patrol Officers shall be appointed for a probationary period of six months full-time continuous service, and no such appointment shall be deemed permanent until any such patrol officer has satisfactorily served his probationary period. The Chief of Police, in the exercise of reasonable discretion, may extend the probationary period for a Full-Time Regular Patrol Officer for an additional six month period. Part-Time Patrol Officer shall not be considered a “Permanent Appointment” or an “Original Appointment”.
   (Ord. 2015-21. Passed 7-27-15; Ord. 2019-04. Passed 1-14-19.)

2. (b) “Original Appointment” shall mean an individual’s appointment as a Full-Time Regular Patrol Officer in the Village Police Department.

   1. (1) Age Range for Original Appointment.

      1. (A) Twenty-one (21) years of age shall be the minimum age for Original Appointment.

      2. (B) Except as otherwise provided herein, thirty-five (35) years of age shall be the maximum age for Original Appointment.

      3. (C) Applicants for Original Appointment who have service credit verified in one of three qualified Ohio law enforcement pension systems (Ohio Police and Fire Pension Fund; Ohio Public Employees Retirement System; Ohio Highway Patrol Retirement System) are granted up to a five year extension to the maximum age for Original Appointment. For such Applicants, the Village hereby establishes forty (40) years of age as the maximum age for Original Appointment.

3. (c) Appointment Requirements for Full-Time Regular Patrol Officer. A Full-Time Regular Patrol Officer shall be selected for Original Appointment from the pool of Applicants who:

   1. (1) Fall within the age range set forth within this Section;

   2. (2) Have timely completed an Application for Appointment, as described in Section 129.04 of this Chapter;

   3. (3) Have earned a high school diploma or general equivalency degree.

   4. (4) Have completed the Ohio Peace Officer’s Basic Training Academy at the time of appointment; and

   5. (5) Have earned a Certificate of Completion of the Ohio Peace Officer Training Academy physical fitness test, within one year of appointment, or have successfully completed an agility test administered by the Chagrin Falls Police Department.
      (Ord. 2015-21. Passed 7-27-15.)

129.04   Application, examination and evaluation of candidates

1. (a) For every open position in the Police Department, the Chief of Police shall create an Application for Appointment, and shall make such Application available to any individual seeking to apply for an open position within the Police Department.

2. (b) Guidelines. The Application drafted by the Chief of Police must comply with the following guidelines:

   1. (1) Applications must be filled out in ink and handwritten. Illegible applications shall be rejected.
      (Ord. 2015-21. Passed 7-27-15.)

   2. (2) Applications must be signed by the Applicant.
      (Ord. 2019-07. Passed 1-14-19.)

   3. (3) Applicants must authorize the Village to:

      1. (A) Access and review the Applicant’s arrest and conviction records;

      2. (B) Access and review any documents pertaining to the Applicant’s employment history;

      3. (C) Administer a polygraph test or Voice Stress Analysis (CVS);

      4. (D) Access credit information;

      5. (E) Perform drug tests;

      6. (F) Perform an agility test; and

      7. (G) Perform any other background checks the Village deems appropriate.

3. (c) Written Examination for Certain Positions within the Police Department. The Chief of Police shall have discretion to determine whether a written examination is helpful in selecting a candidate for a particular position within the Police Department. Where the Chief of Police has determined that a written examination will be helpful, the Chief shall create and administer a written examination to all individuals who have timely completed an Application for Appointment.

4. (d) Service Credit. An Applicant for any position may receive extra credit if, at the time an Application is submitted, the Applicant also submits proof of Past Military Service, as established with a copy of a DD Form 214 discharge report.

5. (e) Interviews. Applicants may be selected for face-to-face or telephone interviews. An Applicant’s performance during such interviews may be considered by the Village when appointing any individual to serve in the Police Department.
   (Ord. 2015-21. Passed 7-27-15.)

129.05   Oath

Each person appointed to or holding a sworn position in the Police Department, as provided herein, shall be sworn in.
(Ord. 2015-21. Passed 7-27-15.)

129.06   Special police duty for private entity

The Mayor is hereby authorized to enter into written agreements with private entities to assign patrol officers to special duty with such entities where, in the opinion of the Mayor and the Police Chief, such duty serves the purpose of public safety, traffic control or public welfare. Such written agreements shall be approved by the Mayor and Director of Law and shall contain, among others, the following provisions:

1. (a) Such patrol officers shall be specifically assigned to duty by and under control of the Police Chief, and shall at all times be considered as being on official police duty.

2. (b) Such patrol officers shall be paid by the Municipality at the officer’s rate of pay set forth in Section 149.23.

3. (c) The Municipality shall be reimbursed by the private entity requesting such services at the patrol officer’s actual rate now or hereafter established by Section 149.23, plus a fee for overhead amounting to forty percent (40%) of each patrol officer’s pay for such service. A minimum charge of four hours shall be paid by the entity even if actual hours are less than four.

4. (d) Such duty shall be restricted to the limits of the Municipality and/or any Valley Enforcement Group municipality.

5. (e) The Municipality will agree to furnish manpower only to the extent of its availability.

6. (f) Such agreement shall be subject to cancellation by either party within thirty days.
   (Ord. 2015-21. Passed 7-27-15.)

129.07   Emergency aid outside village

The Chief of Police, under the direction of the Mayor, is hereby authorized to provide police protection to any county, municipal corporation or township of this State, without a contract, on an emergency basis, where mutual aid protection is available from the same political subdivision to the Village and provided further that the Village can at that time, provide such protection without jeopardizing the safety and welfare of Chagrin Falls residents and property.
(Ord. 2015-21. Passed 7-27-15.)

129.08   Parking enforcement unit

1. (a) Composition. The Parking Enforcement Unit within the Police Department is hereby established. The Parking Enforcement Unit shall be comprised of the Fire Prevention Officer and any other individuals appointed to the Parking Enforcement Unit by the Mayor and confirmed by Council. Such individuals shall serve as Parking Enforcement Officers.

2. (b) Head of the Parking Enforcement Unit. The Mayor, pursuant to his authority under the Charter of Chagrin Falls and consistent with Ohio R.C. 737.161, shall be the executive head of the Parking Enforcement Unit and shall make all appointments and removals of Parking Enforcement Officers, subject to any general rules prescribed by the Village Council by ordinance. The Mayor shall prescribe rules for the organization, training, administration, control, and conduct of the Parking Enforcement Unit.

3. (c) Enforcement Authority. The authority of Parking Enforcement Officers is limited to the enforcement of all parking violations listed in Chapter 351. The Fire Prevention Officer is also authorized to enforce Chapter 1503.

4. (d) Training. Parking Enforcement Officers shall receive training as directed by Ohio R.C. 737.161.
   (Ord. 2015-21. Passed 7-27-15.)