Except as hereinafter provided, no officer or member of the fire or police department of the city shall be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense. The chief of the fire department and the chief of the police department may be removed or discharged by the mayor. In such case, the mayor shall file with the city council the reasons for such removal or discharge, which removal or discharge shall not become effective unless confirmed by a majority vote of the city council, after the chiefs have had an opportunity to be heard in their own defense. The board of fire and police commissioners shall conduct a fair and impartial hearing of the charges, to be commenced within thirty (30) days of the filing thereof, which hearing may be continued from time to time. In case an officer or member is found guilty, the board may discharge him, or may suspend him not exceeding thirty (30) days without pay. The board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty (30) days. If the board of fire and police commissioners determines that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld, if any. In the conduct of this hearing, each member of the board shall have power to administer oaths and affirmations and the board shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing.
The age for retirement of policemen or firemen in the service of the city is sixty five (65) years. Nothing in this section shall be construed to prevent the chief of the fire department or the chief of the police department from suspending without pay, a member of his department for a period of not more than five (5) days, but he shall notify the board in writing of such suspension. Any policeman or fireman so suspended may appeal to the board of fire and police commissioners for a review of the suspension within twenty four (24) hours after such suspension, and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instructions that the man receive his pay for the period involved, or may suspend the officer for an additional period of not more than thirty (30) days or discharge him, depending upon the facts presented. (Ord. 826, 7-1-1980)