(A) No police officer, including the Chief of Police, shall be disciplined, suspended, demoted, removed or discharged except upon written notice stating the reasons for such disciplinary action, suspension, demotion, removal or discharge. Such notice shall also contain a statement informing the police officer of his or her right to a hearing before the City Council.
(B) Any police officer so disciplined, suspended, demoted, removed or discharged may, within ten days after being notified by of such disciplinary action, suspension, demotion, removal or discharge, file with the Municipal Clerk a written demand for a hearing before the City Council. The City Council shall set the matter for hearing not less than ten nor more than 20 days after the filing of the written demand for a hearing. The City Council shall give the police officer written notice of the hearing not less than seven nor more than 14 days prior to the hearing.
(C) At the hearing, the police officer shall have the right to:
(1) Respond in person to the charges and to present witnesses and documentary evidence;
(2) Confront and cross-examine available adverse witnesses; and
(3) To be represented by counsel.
(D) Not later than 30 days following the adjournment of the meeting at which the hearing was held, the City Council shall vote to uphold, reverse or modify the disciplinary action, suspension, demotion, removal or discharge. The failure of the City Council to act within 30 days or the failure of a majority of the elected Council members to vote to reverse or modify the disciplinary action, suspension, demotion, removal or discharge shall be construed as a vote to uphold the disciplinary action, suspension, demotion, removal or discharge. The decision of the City Council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged disciplinary action, suspension, demotion, removal or discharge was necessary for the proper management and the effective operation of the Police Department in the performance of its duties under the state statutes.
(E) Nothing in this section shall be construed to prevent the peremptory suspension or immediate removal from duty of an officer, pending the hearing authorized by this section, in cases of gross misconduct, neglect of duty or disobedience of orders.
(Ord. 519, passed 12-7-1995)
Statutory reference:
Similar provisions, see Neb. RS 17-107