General Bylaw Article 2-16

Sec. 1.

The Board of Selectmen shall be the appointing authority of the Police Department. When funding has been made available, the Board of Selectmen shall declare a vacancy exists, whether it be for department entrance or a promotion from within the department.

Sec. 2.

In order to establish the criteria for filling a vacancy whether it be for department entrance or a promotion within the department, the Chief of Police shall establish the criteria for the entrance or promotion and present the criteria to the Board of Selectmen for mutual acceptance. Implementation of the accepted selection criteria shall be the responsibility of the Chief of Police.

Sec. 3.

Upon establishing a list of candidates for filling vacancies, the Board of Selectmen shall select one out of the top three for one vacancy, two out of the top five for two vacancies and three out of the top seven for three vacancies.

Sec. 4.

The Police Department of the Town shall be under the supervision of the Chief of Police.

Sec. 5.

The Chief of Police shall establish regulations governing the Police Department operation, subject to the approval of the Board of Selectmen. If the Board of Selectmen fails to take any action within thirty days after the proposed regulations have been submitted to them by the Chief of Police, the regulations will automatically become effective without the Board of Selectmen's approval.

Sec. 6.

The Chief of Police shall be in immediate control of all Town property used by the Police Department, and in control of the Police Officers whom he shall assign to their respective duties.

Sec. 7A.

The suspension for a period not exceeding thirty days may be issued only by the Board of Selectmen or the Chief of Police or a subordinate to whom authority to issue such suspension has been granted, and shall be made only for just cause. The Officer suspended shall be reinstated by the person authorized to make the suspension or higher authority, at the expiration of the period of suspension but shall not be entitled to compensation for such period unless, after a hearing or appeal, the suspension is found to have been without just cause.

Sec. 7B.

Within twenty-four hours after the Police Officers suspension, such Officer shall be given a written notice by the person authorized to issue the suspension, stating the specific reason for the suspension and informing the Officer that he or she may, within forty eight hours of the receipt of such notice, request in writing a hearing by the Board of Selectmen on the question of whether there was just cause for the suspension. If the Officer so requests, a hearing shall be granted by the Board of Selectmen within five days of the receipt of such request.

Sec. 7C.

Whenever such a hearing is given, the Board of Selectmen shall give the suspended Officer written notice of their decision within two days after the hearing. An Officer whose suspension under this section is decided, after a hearing, to have been without just cause, shall be deemed not to have been suspended and shall be entitled to compensation for the period for which the suspension was imposed. If it is decided, after a hearing, that there was just cause for the suspension, the Officer shall be entitled to judicial review.

Sec. 8.

Punishment duty shall not be imposed, without just cause, upon any Police Officer. A Police Officer upon whom punishment duty is imposed shall, within twenty-four hours, be given a written notice stating the specific reason for the imposition of such punishment duty and the duration thereof. This notice shall also inform the Officer that he or she may, within forty eight hours of receipt of such notice, request in writing a hearing by the Board of Selectmen. If the Officer so requests, a hearing shall be granted within five days of receipt of such request. Whenever such hearing is given, the Board of Selectmen shall give the Police Officer upon whom the punishment duty is imposed a written notice of their findings within two days after the hearing. If an Officer requests in writing a hearing by the Board of Selectmen, said punishment duty shall not be imposed on the Officer until such hearing has been concluded and the Officer has received a written notice of the findings of the hearing.

Sec. 9.

Provisions of this By-law can be changed only at an Annual Town Meeting by a two-thirds vote.