CITY OF DETROIT CHARTER
ARTICLE 7. THE EXECUTIVE BRANCH: PROGRAMS, SERVICES AND ACTIVITIES
CHAPTER 11. POLICE
Sec. 7-1101. Police Department.
The police department shall preserve the public peace, prevent crime, arrest offenders, protect the rights of persons and property, guard the public heath, preserve order, and enforce laws of the state and the nation and the ordinances of the city.
Sec. 7-1102. Board of Police Commissioners.
The police department is headed by a five (5) member board of police commissioners. The 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 (30) days, an appointment is confirmed. The term of membership on the board is five (5) years and not more than one (1) member’s term expires each year. The mayor may remove members of the board for cause. All members of the board must be residents of the city. As nearly as possible, the board shall elect a chairman annually. A member of the board may not serve consecutive terms as chairman, nor may a person serve more than five (5) years consecutively as a member of the board. The board shall meet at the call of its chairman, but shall meet at least once each week. All meetings shall be public except that the board may, in its discretion, publicly reserve specified subjects for executive session. No 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. Compensation for members of the board may be established by ordinance.
Sec. 7-1103. Duties of the Board of Police Commissioners.
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;
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 testimony. A delegation is revocable at the will of the board and does not prevent exercise of any power by the board.
Sec. 7-1104. Staff.
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 for investigative work.
3. Other staff.
The board may hire, in accordance with article 6, chapter 5, 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. 7-1105. Chief of Police.
The mayor shall appoint a chief of police, skilled and experienced in police administration or law enforcement. The chief of police serves at the pleasure of the mayor.
Sec. 7-1106. Duties of the Chief of Police.
The chief of police is the chief executive officer of the police department and shall administer the department under the policies, rules, and regulations established by the board and shall:
1. 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, commend, transfer, and discipline employees of the department; have authority to suspend and discharge employees of the department under section 7-1107; 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.
The chief, with the consent of the board, may appoint necessary deputy chiefs. The chief may attend all meetings of the board and speak on any issue but may not vote.
Sec. 7-1107. Discipline.
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 7-1109. 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 four (4) members of the board of police commissioners.
Sec. 7-1108. Complaints.
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 shall investigate a complaint immediately and file a report of findings with the board within forty-five (45) days. However, the board may, in its discretion, at any time order an investigation by its own investigative staff instead of, or subsequent to, that of the chief.
The board secretary shall keep a public docket of complaints and the disposition of each complaint after investigation.
Sec. 7-1109. Resolution of Complaints.
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 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 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 costs 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 concurrence of four (4) 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 counsel case may be presented by the complainant or complaint’s counsel. Any probative evidence may be admitted.
Sec. 7-1110. Division of Police Personnel.
The division of police personnel is headed by a director of police personnel appointed by the board. The director of the police personnel must be a civilian and serves at the pleasure of the board.
Sec. 7-1111. Deputy Director.
The director of police personnel shall appoint a deputy who serves at the pleasure of the director.
Sec. 7-1112. Recruitment and Entry into Service.
Applicants for employment as police officers with the department must enter the police service in accordance with section 7-1113. Applicants for civilian employment with the department must enter the classified service as provided in article 6, chapter 5 of this Charter.
Sec. 7-1113. Powers and Duties.
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. 7-1114. Promotions.
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 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, unless the chief of police files with the board and the division of police personnel written reasons for the bypass, and the promotion is approved by four (4) of the commission members serving. Any person having been passed over may appeal to the board.
Sec. 7-1115. Examinations.
All examinations prepared and administered by the director of police personnel must be validated as provided in section 6-511.
Sec. 7-1116. Employees.
Employees of the department shall receive equal pay for the same or similar work and have an equal opportunity for promotion.
Sec. 7-1117. Police Officers Employed by Governmental and Educational Institutions.
The chief of police may, upon the annual application of governmental or educational institutional 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, and 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 may perform all duties of police officers.
Sec. 7-1118. Police Reserves.
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 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.