7.01 General: Police Department/Municipality Not a Party is a legal term referring to the relationship between a police department and a municipality that is not a party to a particular action or lawsuit. In this context, the police department is acting on behalf of the municipality, but is not a party in the specific case. This could be due to the fact that the municipality is not a relevant party to the case, or because the police department is considered a separate entity from the municipality. Types of 7.01 General: Police Department/Municipality Not a Party include police departments that are part of a larger municipality, as well as those that are separate entities from the municipality but are still acting on its behalf.
7.01 General: Police Department/Municipality Not a Party
State:
Multi-State
Control #:
US-JURY-7THCIR-7-01
Format:
Word
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Description
Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
A sheriff reports directly to the citizens of their county. Unlike police chiefs, who usually report to mayors or other elected officials, sheriffs are accountable directly to the citizens of their county, the constitution of their state, and ultimately the United States Constitution.
The generic definition of police jurisdiction refers to the geographical location where a police officer has the power to provide law enforcement. Police jurisdiction is typically limited to the city limits where the police officer has sworn to protect and serve the population.
The mayor is not truly the chief executive, with limited power or no veto power. The council can prevent the mayor from effectively supervising city administration. There may be many administrative boards and commissions that operate independently from the city government.
Mayors in mayor-council cities (but not towns) can veto ordinances passed by the council; mayors in towns and council-manager cities are not authorized to veto ordinances. Mayoral vetoes are limited to ordinances and are not authorized for any other council action.
(a) The governing body of a Type A general-law municipality may establish and regulate a municipal police force. (b) The governing body by ordinance may provide for the appointment of police officers the governing body considers necessary and for the terms of office and qualifications of the officers.
Police departments, libraries, and schools?not to mention driver's licenses and parking tickets?usually fall under the oversight of State and local governments. Each state has its own written constitution, and these documents are often far more elaborate than their Federal counterpart.
He has the sole power to hire, suspend and fire all municipal employees, except the city attorney, municipal clerk and administrator, if one is employed. In the mayor-council form of government, the mayor also presides at meetings of council and votes in the same manner as all members of council.
If an officer, or member of the police force, fails to act or acts improperly, in the performance of his official duties, the mayor has authority to suspend him, prefer charges for his removal, or pursue such other disciplinary course as the prevailing law may permit or require.