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A. Commission Created; Composition: There is hereby created a board to be known as the "police commission", which shall be comprised of three (3) residents of the city, who shall have the qualifications required by law to hold a municipal office, and who shall hold office for a term of three (3) years except as hereinafter provided. (Ord. 2.20)
B. Appointment; Terms: At the first regular city council meeting in the month of May 1954, the mayor shall, subject to the approval of the city council, appoint three (3) members, one to serve for one year, one for two (2) years and one for three (3) years from the date of their appointment and confirmation. Thereafter, one such member shall be appointed annually at the first regular meeting of the city council in May of each year to serve for a term of three (3) years from the date of his appointment and confirmation. (Ord. 2.20; amd. 2006 Code)
A. Referral To Commission; Certificate Required: All applicants for positions on the police force shall have been referred to the police commission, shall be required to successfully undergo an examination before the police commission, and shall receive a certificate from said commission that the applicant is qualified for such appointment to the police force for the probationary period.
B. Examination; Rules And Regulations: It shall be the duty of the police commission to examine all such applicants as to their age, legal, mental, moral and physical qualifications, and their ability to fill the office as a member of the police force. It shall also be the duty of the police commission, subject to the approval of the mayor, to make such rules and regulations regarding such examination not inconsistent with this chapter or the laws of the state.
C. False Statements; Dismissal: Any applicant who shall make any false statement to the police commission as to his age or other qualifications required, at his examination before the police commission, shall be subject to suspension or dismissal from the police force, after trial. (Ord. 2.20)
A. Age:
1. The members of the police department, at the time of their appointment as provided herein, shall not be less than eighteen (18) years of age and shall meet the minimum qualifying standards for employment promulgated by the state board of crime control; provided, however, that the city council shall have the power, by ordinances duly passed and approved, to retire any police officer on half pay, who shall have arrived at the age of sixty five (65) years, or who shall have served continuously as a police officer for a period of not less than twenty five (25) years, or who shall have become incapacitated to perform the duties of his office by reason of injury or accident sustained while actually engaged in the performance of his duties as an officer.
2. The members of the police department on the active list at the time of their appointment under this chapter shall not be less than eighteen (18) years of age.
B. Citizenship And Residency: In every case, a police officer shall be a citizen of the United States. Such qualification shall also apply to every officer on the eligible list at the time he shall be transferred to the active list. (Ord. 2.20; amd. 2006 Code)
A. Council Determination: The city council shall have absolute and exclusive power to determine and limit the number of police officers and members to comprise the police force, to reduce the number of the police force at any time, and to divide the police membership into two (2) lists, one an active list, of persons who shall be actually employed and receive pay while so employed, and one an eligible list, of persons who shall not receive pay while not actually employed as an officer or member.
B. Membership On Lists: Officers or members of the active list, temporarily relieved from duty, shall become members of the eligible list without pay and shall be first entitled to reinstatement in the active list, in case of vacancy, according to their seniority in the service, and all others on the eligible list shall be entitled to fill a vacancy in the order of their appointment.
C. Number Of Members On Eligible List Limited: In no event shall there be any officers or members placed on the eligible list, except in case of temporary reduction of the police force, when the number already on the eligible list shall equal in number twenty percent (20%) of the active list. (Ord. 2.20)
A. Minimum Wage: From and after the effective date hereof, there shall be paid to each duly confirmed member of the police department a minimum wage for a daily service of eight (8) consecutive hours' work, of at least two hundred eighty dollars ($280.00) per month for the first year of service, and thereafter, at least two hundred eighty dollars ($280.00) per month plus one dollar ($1.00) per month for each additional year of service up to and including the tenth year of such additional service.
B. Compensation For Sickness Or Injury: Whenever any member of the police department of the city shall, on account of sickness or disability suffered or sustained while an officer and not caused or brought on by dissipation or abuse, be confined to any hospital or his home, and shall require medical attention and care, such officer shall be, by the city council, allowed his salary as such police officer, during his absence, and an amount equal to his expenses while confined for such injury or sickness. (Ord. 2.20; amd. 2006 Code)
A. Commission To Hear And Decide Appeals: The police commission has jurisdiction and it is its duty to hear and decide appeals brought by any member or officer of the police department who has been disciplined, suspended, removed, or discharged by an order of the mayor.
B. Appeals In Writing: An appeal brought by any member of the police force shall be in writing in the form required by the police commission, and a copy shall be served upon the mayor at least thirty (30) days before the time fixed for the hearing of the appeal.
C. Rights Of Police Officer; Hearing:
1. The appealing police officer has the right to be present at the hearing in person and by counsel and to be heard and to give and furnish evidence in the police officer's appeal.
2. All hearings shall be open to the public.
D. Subpoena Authority Of Police Commission: The chairman or acting chairman of the police commission shall have power to issue subpoenas, attested in its name, to compel the attendance of witnesses at the hearing, and any person duly served with a subpoena is bound to attend in obedience thereto. The police commission shall have the same authority to enforce obedience to the subpoena and to punish the disobedience thereof as is possessed by a judge of the district court in like cases; provided, however, that punishment for disobedience is subject to review by the district court of the proper county.
E. Decision By Police Commission: The police commission shall, after the conclusion of the hearing, decide the appeal and shall have the power, by a decision of a majority of the commission, to sustain, modify, or overrule the disciplinary order of the mayor.
F. Enforcement Of Decision: The mayor shall make an order enforcing the decision of the police commission. The decision or order is subject to review by the district court of the proper county on all questions of fact and all questions of law. (Ord. 2.20; amd. 2006 Code)
A. Authority To Suspend 1 : The mayor, or chief of police subject to the approval of the mayor, shall have the power in all cases to suspend a police officer or any officer for a period not exceeding ten (10) days in any one month, without any hearing or trial, such suspension to be with or without pay as the order of suspension may determine.
B. Additional Police Personnel: The mayor shall have the power and authority, at any time when he deems it expedient, to employ not to exceed two (2) persons at one time for a period not to exceed thirty (30) days to do police duty who are not members of the police department. (Ord. 2.20)
C. Calling Into Active Service: Police officers or officers on the retired list shall retire from the active list of police officers, but shall be subject to call for police service or active duty whenever an emergency shall require or the active list is temporarily insufficient for proper policing of the city, all under the rules and regulations as the police commission or city council shall prescribe. (Ord. 2.20; amd. 2006 Code)
Notes
| 1 | 1. See also section 6-1-2 of this chapter. |
A. A member of the police force of the city may be employed in another department of the city. However, the member may not hold political office in the city.
B. The fact that a person is an officer or member of the police department does not deprive the person's spouse or any member of the person's family of the right to participate in political activity or to hold public or political office.
C. An officer or member of the police department may participate in political activity; provided, that the officer does not do so while on duty or in uniform or that it does not otherwise interfere with the performance of duties. (Ord. 2.20; amd. 2006 Code)
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