Deerfield Police Department Administrative Hearing Procedure PDF

Deerfield Police Department General Order # 142 Page 1 of 3 DEERFIELD POLICE DEPARTMENT GENERAL ORDER Subject: Number:...

Deerfield Police Department General Order # 142 Page 1 of 3 DEERFIELD POLICE DEPARTMENT GENERAL ORDER Subject: Number: 142 Administrative Hearing Effective/Revised: Chief of Police: Division: Page: Administration 3 of 3 PURPOSE This order establishes procedures for Department members assigned to providing security at Administrative Hearings. POLICY The Deerfield Police Department recognizes the need to provide a variety of services to ensure the safe, effective and efficient operation of the Village’s Administrative Hearing process. It shall be the policy of the Department to provide a sworn officer each hearing date to provide security, protect the integrity, and maintain the decorum of the hearing process DEFINITIONS Administrative Hearing - A non-judicial proceeding conducted to adjudicate minor ordinance violations which do not carry penalties involving incarceration. The formal and technical rules of evidence do not apply. These hearings are conducted pursuant to 65 ILCS 5/1-2.1 Administrative Adjudications, 625 ILCS 5/11-208.3 Administrative Adjudication, and Village Ordinance Article 16 Section 2-180, et seq. Hearing Officer - The person conducting administrative hearings. The Hearing Officer is appointed by the Village Manager and is not a judge. The Hearing Officer is an independent contractor and not an employee of the Village of Deerfield. PROCEDURES Administrative Hearing Security A. Administrative Hearings are held in the Village Board Room. Administrative Hearings are completely operated by the Village of Deerfield. The Deerfield Police Department has sole authority for providing security for the hearings. The Department shall provide one officer at each Administrative Hearing to ensure security. The Deputy Chief of Operations or designee is responsible for Administrative Hearing security and shall assign officers as appropriate. B. Duties of the assigned officer include, but are not limited to: 1. Reporting to the Hearing Room prior to the start of the hearing and checking in with the Hearing Officer. 2. Notifying the Communications Center of his/her presence at the hearing. 3. Performing a pre-hearing inspection of the facility and emergency equipment that includes: i. A sweep of the hearing room for any suspicious or unaccounted-for items. ii. An inspection of fire extinguishers and alarm boxes. iii. A check of the functionality of telephones. 4. Maintaining order and decorum during the hearing process and resolving conflict as necessary. 5. Acting as an informational resource.  Deerfield Police Department General Order # 142 Page 2 of 3 6. Investigation of ordinance violations or criminal offenses which may occur at the hearing. i. If any incident occurs that the officer feels may escalate into an arrest situation, the officer should call for backup so that he/she doesn’t leave the room unattended in order to handle the disturbance. C. Any officer assigned to the administrating hearing security function shall be in full uniform with duty gear, including Department-issued radio equipped with an emergency/duress mechanism. Officers shall retain duty weapons while attending hearing proceedings. D. The assigned officer must remain in the Hearing Room until all of the hearings are completed and all of the violators have left the room. After the hearing is concluded, the officer shall: 1. Notify the Communications Center of the completion of the hearing and resume regular duties. 2. Complete the Administrative Hearing Pre-Hearing Inspection Report form (Addendum A) and forward it to the Deputy Chief of Operations or designee or approval. E. The Hearing Room has no enhanced legal protections beyond any other area of the building. As this is a hearing process and not a recognized court, no persons entering the Hearing Room shall be screened or searched unless legal justification can be established. F. The Deputy Chief of Operations or designee shall work with the Hearing Officer to address concerns regarding facilities, equipment, and plans or procedures. G. The assigned officer shall send a documented report to the Chief of Police, via the chain of command, of all incidents that threaten the security of the Administrative Hearings, the hearing facility, or any person therein. Use of Restraints A. The Administrative Hearing is for the adjudication of minor ordinance violations which do not carry penalties involving incarceration. The Hearing Officer does not have judicial authority and cannot order anyone detained. Therefore, there is no regular need for the use of restraints on attendees. B. Police officers shall only place an individual in restraints when effecting custodial arrests for a criminal offense occurring during the hearing. Persons placed under arrest will not remain in the Hearing Room, as they will be immediately removed and transported to the booking room for processing. Administrative Hearing Facility A. The Village Board Room is equipped with a fire alarm and suppression system. In case of an emergency evacuation the assigned officer shall direct those within the room towards the closest posted exit. B. The Village Board Room is equipped with an Automated External Defibrillator, a fire extinguisher, and a telephone. C. There is no specialized equipment used for this security function and there are no weapons or security equipment stored in the room. There are no security checkpoints established for persons attending Administrative Hearings, and no persons entering the Hearing Room shall be screened or searched unless legal justification can be established. D. Duress alarms should be available to the hearing officer and should be tested on a monthly basis. Biennial Security Survey Plans and procedures will be based on a biennial documented security survey conducted by the Deputy Chief of Operations or designee. The survey should include a review of this directive. Input will be requested of the Hearing Officer regarding facilities, equipment and plan/procedures. Recommendations for procedural or policy changes shall be forwarded in writing to the Chief of Police.  Deerfield Police Department General Order # 142 Page 3 of 3 This Order supersedes all previous written and unwritten policies of the Deerfield Police Department on the above subject. Attachment: Addendum A – Pre-Hearing Inspection Report