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The Fire Force shall consist of a Chief and such other officers, firemen and employees as may be provided by ordinance or resolution of the Council. In case of riot, conflagration, or like emergency the Mayor may appoint additional firemen and officers for temporary service who need not be in the classified service. The Fire Chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employees constituting the Fire Force under such rules and regulations as may be established by the Mayor or by the director of the department of which the said Fire Chief may be immediately responsible.
(Effective November 9, 1931)
The Chief of Police and Fire Chief shall have the exclusive right to suspend 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, or for any other just and reasonable cause. Prior to suspending any officer or employee of the police force, the Chief of Police shall ascertain whether a complaint on file with the Police Review Board relates to the conduct of the officer or employee in question. If so, the Chief of Police shall not suspend the officer or employee unless the Police Review Board concurs with the Chief’s decision, in accordance with Section 115-4 of this Charter.
If the Chief of Police or the Chief of Fire suspends an officer or employee under his control for a period not to exceed ten (10) working days, the Chief’s decision shall be final.
If the Chief of Police or Chief of Fire suspends any officer or employee under his control for more than ten (10) working days, the Chief concerned shall 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 thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal and such judgment shall be final, except as otherwise hereinafter provided. If a hearing officer is used, and the Mayor or the Director of the department to whom the Chief may be responsible shall promptly upon receipt of the hearing officer’s report and recommendations review the report and recommendations of the hearing officer and render a decision. The Director or the Mayor shall cause a copy of the written certification of suspension 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 to be filed with the Civil Service Commission. 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 is conferred upon the Mayor, or the Council or a committee thereof by this Charter.
(Effective August 8, 1988)
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)
The Mayor shall have the exclusive right to suspend the Fire Chief for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. If such Chief be so suspended, the Mayor shall forwith certify the fact, together with the cause of such suspension, to the Civil Service Commission, who within five (5) days from the date of the receipt of such notice shall proceed to hear such charges and render judgment thereon, which judgment shall be final.
(Effective November 6, 1951)
Any person in the classified service, who is suspended for more than three (3) days, demoted, or dismissed from the service of the City, may file a written appeal from the decision to the Civil Service Commission within ten days from and after the date of the suspension, demotion, or dismissal. The director of the department involved, upon notice from the Commission of the appeal, shall transmit to the Commission a copy of the charges and proceedings. The Commission shall set the appeal for hearing within thirty days from and after the filing of the same with the Commission, and may affirm, disaffirm or modify the judgment of the director, and the judgment of the Commission in the matter shall be final.
(Effective November 4, 2008)
The director of the department immediately in charge thereof or the Mayor, shall classify the police and fire service of the City, in conformity with the ordinance of the Council concerning the number of persons to be employed therein, and shall make rules for the regulation and discipline of such service except as hereinbefore provided.
(Effective November 9, 1931)
The Council may provide by general ordinance for the relief, out of the police or fire funds, of members of the police and fire service temporarily or permanently disabled in the discharge of their duties. Nothing herein shall impair, restrict, or repeal any provision of general law authorizing the levying of taxes to provide for firemen, policemen and sanitary police pension funds, and to create and perpetuate boards of trustees for the administration of such funds.
(Effective November 9, 1931)