Section 137. Discipline  


Latest version.
  • If  a charge may be made by any person against any
      officer or member of the police or fire departments  that  he  has  been
      negligent  or  derelict in the performance of his official duties, or is
      incompetent or without capacity to perform the same or is guilty of some
      delinquency seriously affecting his general character or fitness for the
      office, the charge must be in writing, in the  form  prescribed  by  the
      rules  and  regulations of the commissioner of public safety, and a copy
      thereof  must  be  served  upon  the  accused  officer  or  member.  The
      commissioner  shall  then proceed to hear, try and determine the charge.
      The accused shall have the right to be present at his trial  and  to  be
      heard  in  person and by counsel and to give and furnish evidence in his
      defense. All trials shall be open to the public.  The  commissioner  has
      power  to  issue  subpoenas,  in  his  name, to compel the attendance of
      witnesses, and shall upon the oral application of the  accused  issue  a
      subpoena  on  the behalf of the accused, leaving the space for the names
      of his witnesses blank that  he  may  fill  in  their  names,  upon  any
      proceeding  authorized  by  the rules and regulations of the department,
      and any person served with a subpoena is bound to attend in obedience to
      the command thereof; and the commissioner shall compel the attendance of
      witnesses and compel them to testify in the same manner as in  the  case
      of  any  officer  or board authorized by law to issue subpoenas and take
      testimony. If the accused shall be  found  guilty  of  the  charge  made
      against him, the commissioner may punish him by reprimand, by forfeiting
      and  withholding  pay  for  a  period  not  to  exceed  thirty  days, by
      suspension without pay during a period not to exceed thirty days, or  by
      dismissal  from  office.   At any time within one year after the date of
      dismissal, any officer or member dismissed may make application  to  the
      commissioner  for reinstatement. Such application must be in writing and
      contain a release of the city from all claims for back compensation. The
      commissioner may, in his discretion, rehear and redetermine the  charges
      and  reinstate  such  officer or member, with or without an allowance of
      the whole or a part of the time since such dismissal to  be  applied  on
      his  time of service in the department, or may affirm such dismissal. At
      any time within one year after this chapter takes effect or  within  one
      year  after  the  date  of  resignation,  an  officer  or member who has
      resigned may make application to the commissioner for reinstatement  and
      the  commissioner  may,  in  his discretion, reinstate him, but the time
      between the date of resignation and reinstatement shall not apply on his
      time of service in the department.