The Chief of Police will have the exclusive right to discipline, including suspend, demote, or terminate any of the officers or employees who are in the classified service and are under their respective management and control, for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, malfeasance, misfeasance, nonfeasance, or for any other just and reasonable cause, subject to the higher authority of the Civilian Police Review Board and the Community Police Commission established in the Charter. Before disciplining any officer or employee of the police force, the Chief of Police must ascertain whether a complaint on file with the Civilian Police Review Board relates to the conduct of the officer or employee in question. If so, the Chief of Police must not discipline the officer or employee unless the Civilian Police Review Board concurs with the Chief's decision, in accordance with Section 115-4 of the Charter.
If the Chief of Police suspends an officer or employee under his control for no more than 10 working days, the Chief's decision shall be final, subject to the higher authority of the Civilian Police Review Board and Community Police Commission as specified in the Charter.
If the Chief of Police demotes, terminates, or suspends for more than 10 working days any officer or employee under his control, the Chief must forthwith in writing certify the fact, together with the cause for the suspension, to the director of the department to whom he may be responsible, or if there be no such director then to the Mayor, who within five days from the receipt of such certificate shall, either personally or through a hearing officer appointed by the Director or the Mayor, hold a hearing into the cause of the suspension in accordance with the requirements of due process of law and render judgment. This judgment, if the charge is sustained, may be suspension, reduction in rank, or termination, and such judgment will be final, except as otherwise provided in this Section and subject to the review and higher authority of the Civilian Police Review Board and Community Police Commission specified in the Charter. If a hearing officer is used, the Mayor or the Director of the department to whom the Chief may be responsible, upon receiving the hearing officer's report and recommendations, must promptly review the report and recommendations of the hearing officer and render a decision. The Director or the Mayor will cause to be filed with the Civil Service Commission a copy of the written certification of discipline by the Chief and the cause giving rise to such suspension, the hearing officer's report and recommendations, and the decision of the Mayor or the Director. The Director or a hearing officer in any such hearing shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers, as this otherwise Charter confers upon the Mayor, the Council, or a Council committee.
The provisions of this section also apply to the Chief of Police's power to suspend employees and officers of the police force under Section 119 of this Charter.
(Effective November 2, 2021)