Section 16-106. Removal and suspension of employees  


Latest version.
  • a. The commissioner, in
      his or her discretion, shall have power to  punish  any  member  of  the
      uniformed force who has been guilty of:
        1. any legal or criminal offense,
        2. neglect of duty,
        3. violation of rules,
        4. neglect or disobedience of orders,
        5. incapacity,
        6. absence without leave,
        7. conduct injurious to the public peace or welfare,
        8. immoral conduct, or
        9. any breach of discipline,
        by  forfeiting  or withholding pay for a specified time, not exceeding
      thirty days; by suspension, without pay during such  suspension,  for  a
      period  not  exceeding  thirty days; or by dismissal from the force. The
      commissioner may withhold pay, salary or compensation from any member or
      members of the force for absence for any cause without leave.
        b. All pay deducted or forfeited under the provisions of this  section
      shall  be  retained  by the commissioner of finance to the credit of the
      department,  and  shall  be  applicable,  in  the  discretion   of   the
      commissioner, to any of the purposes of such department as if originally
      appropriated therefor.
        c.  A member of the department shall be dismissed only after he or she
      has been informed of the cause of the proposed dismissal  and  has  been
      allowed an opportunity of making an explanation.
        d. In the event of the dismissal of any member of the force, he or she
      shall  have  the  right to a review of the action of the commissioner or
      his or her deputy by certiorari or other appropriate remedy. Upon  being
      successful  in  such  proceeding,  he  or  she  shall  be entitled to be
      re-instated and to receive full pay  during  the  time  of  his  or  her
      suspension or dismissal from office.
        e. When and as soon as a member of the uniformed force has been fined,
      suspended  or  dismissed,  the  true  cause for such fine, suspension or
      dismissal shall be entered in writing in a book  to  be  kept  for  that
      purpose by the commissioner.