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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)