§ 31.22. TOWN MARSHAL.  


Latest version.
  • (A) Office established. The Office of the Town Marshal is hereby created and established. The Town Marshal shall be appointed by the Town Council and shall perform duties as may be required of him or her by law and as the Council may deem necessary. He or she shall be the Chief of Police and shall be collector of all taxes of the town; provided that, the collection of the taxes may be administered by the Town Clerk.
    (B) Compensation. The Town Marshal shall receive compensation as the Council shall fix from time to time.
    (C) Removal procedure. The Town Marshal may be removed by a majority vote of the Council. If requested, the Council shall grant him or her a public hearing within 30 days following notice of removal.
    (D) Administrative responsibilities. The Town Marshal shall be the chief administrative officer of the Police Department and shall be responsible for all of his or her acts to the City Manager, or if none, to the Council member in charge. He or she shall be responsible for the enforcement of all laws and ordinances of the state and the town and the regulations governing the Police Department. He or she shall issue orders as he or she may deem proper; the orders to be written or printed. He or she may, however, issue temporary verbal orders as may be necessary. He or she shall be responsible for planning and shall control all employees of the Department in the lawful exercise of their duties. He or she may assign any officer to public service as he or she may direct. No interdepartmental transfer of employees shall be made without his or her specific approval. He or she may suspend temporarily any employee of the Department pursuant to the rules and regulations of the town. In each case of suspension, he or she shall immediately make a complete report of the circumstances to the City Manager or, if none, to the Council member in charge.
    (E) Rules and regulations. The Town Marshal may prescribe rules and regulations as may be necessary for the efficient operation of the department. He or she shall have authority to revise the police manual subject to the approval of the City Manager, or if none, to the Council member in charge.
    (F) Control of police property. He or she shall have custody of all the property of the town in use by the Police Department and shall be responsible for its safety and care. He or she shall permit none of it to be used for private purposes or to be loaned or to be moved without proper authority.
    (G) Maintenance of efficiency. He or she shall devote his or her full time to police work. He or she shall see that all court orders and processes issued by the City Magistrate are promptly executed. He or she shall maintain and enforce law and discipline so as to secure efficiency within the Department.
    (H) Instruction and inspection. The Town Marshal shall instruct his or her supervising officers in all phases of their duties and shall inspect or cause to be inspected, all officers on duty and shall note any appearance of neglect, carelessness or improper performance of duty.
    (I) Charges. He or she shall cooperate with and aid the Town Council in administering the merit system by filing complete reports of the records of credits, suspensions or charges against members of the Department.
    (J) Meetings. He or she shall attend meetings of the Town Council when requested by the Town Manager, or if none, by the Council member in charge.
    (K) Direction. The Town Marshal shall officially sanction and approve any changes in departmental organization after approval by the Town Manager, or if none by the Council member in charge. He or she shall be responsible for the proper disposition of all prisoners and shall have the authority to release arrested persons who have not been formally charged or to change the informal charges under which they are held when he or she has sufficient facts or evidence to warrant the action.
    (L) Absence from city. The Town Marshal shall not absent himself or herself from the area of the town without first obtaining consent from the Town Manager, or if none, from the Council member in charge. In the absence of the Town Marshal, the Town Marshal shall designate an acting Town Marshal to serve in his or her absence, subject to the approval of the City Manager, or if none, of the Council member in charge.
    (M) Training and personnel. He or she shall implement and maintain an in-service training program for all officers and a training program for recruits and reserve officers. He or she shall, as often as he or she considers necessary, cause the officers of the Department to engage in firearms practice.
    (N) Resignation. The Town Marshal shall provide the Council a minimum of 30 days written notice of intention to resign his or her position.
    (1974 Code, § 3-2-3)