(A) An officer may be punished by reprimand, forfeiture, suspensions without pay, dismissal or reduction in rank and pay according to state law. These include the following and any subsequent provision of state law:
(1) Conviction of any criminal offense in any court; and
(2) A finding and decision of the Town Council of the following:
(a) Neglect of duty;
(b) Violation of the rules of the Police Department;
(c) Neglect or disobedience of orders;
(d) Incapacity;
(e) Absence without leave;
(f) Immoral conduct;
(g) Conduct injurious to the public peace or welfare;
(h) Conduct unbecoming an officer; and
(i) Breach of discipline.
(B) The Town Marshal or any member of the Council may, on his or her own motion or on written complaint received from any person, prefer formal charges against any officer of the Department for violation of:
(1) Any of the rules and regulations of the Department adopted for the operation of the Department by the Council;
(2) Any general or special orders of the Department adopted for the operation of the Department by the Council; or
(3) Any general or special orders of the Department issued by the Council or Marshal.
(C) The charge shall be in writing and filed with the Council. On the filing of charges, the Council shall set a date, time and place for a hearing thereon, and shall cause a copy of the charges and a written notice of the date, time and hearing thereon to be served personally or by registered or certified mail on the officer so charged. The date of the hearing shall not be earlier than ten days following the service of the notice on the officer. An officer so charged and notified of a hearing may appear at the hearing and be heard personally or through counsel, and may request witnesses to be called in his or her behalf.
(D) The decision of the Council on the charges shall be certified to the Marshal and shall be enforced by him or her.
(Prior Code, § 33.45)