§ 34.01  POLICE COMMISSION; ORGANIZATION.
   (A)   The Police Commission of the Police Department, hereinafter referred to as the Commission, shall consist of five members, none of whom shall be a member of the Police Department. The members of the Commission shall have been legal residents of the city for at least three years, and shall be persons of good moral character. The members of the Commission shall be drawn from a broad cross-section of persons representative of the citizens of the city and who have an interest in, or a knowledge and understanding of, the various phases of law enforcement, as performed by the Police Department of such city. The men and women of the Commission shall be appointed as follows:
      (1)   The Police Department shall make two appointments to the Commission; and the Mayor shall make  two  appointments  to  the  Commission.  One of  the  appointments  made  by  the Mayor and Police Department shall be from one of the two major political parties, and the other appointment made by the Mayor and Police Department shall be from the other of the two major political parties. These four persons will elect a fifth member by unanimous vote. In case of a deadlock or tie vote, the Mayor shall break the tie and appoint the fifth member of the Commission.
      (2)   In the first instance of two members to be elected and appointed by the active majority of the Police Department, one shall serve for a term of two years, and one shall serve for a term of three years; such determination dependent on the two persons receiving the greatest number of votes in the election by the active Police Department members. In the instance of the appointments made by the Mayor, one member shall serve for a term of one year; the second appointment by the Mayor shall serve for four years. The fifth member selected by unanimous vote of the other four members, or, in case of a deadlock, by the Mayor, shall serve on said Commission for four years. Thereafter, the terms of the Commission shall be for a term of four years.
   (B)   The appointments by the active membership of the Police Department shall be made at a meeting specifically called for such purpose by the Board of Public Safety, hereinafter referred to as the Board.
      (1)   The board shall give at least one week's notice of said meeting to all active members of the Police Department, by posting a copy of the notice of the meeting in at least three prominent locations in the central station Police Department, and by sending every active Police Officer postcards indicating the time and place of the meeting. No one shall be entitled to be present at the meeting and exercise the right to vote unless he or she is an active member of the Police Department.
      (2)   Active members of the Police Department who are unable to attend such meeting may vote by written proxy. This proxy must be notarized and put into a sealed envelope and sent to the Chair of the Election Committee prior to the election, to be opened by the Chair, immediately after the counting of the ballots at said meeting on the day of election.
      (3)   An active member of the Police Department shall be elected to act as Chair of the meeting, and the Chair shall have charge of the conduct of the election. Voting shall be by secret ballot and the two persons receiving the greatest number of votes, including all votes by proxy, shall be named as members of the Commission representing the active members of the Police Department.
      (4)   The results of the election shall be tabulated and filed with the Clerk of the city.
   (C)   Persons shall be ineligible to serve as a member of the Commission if they hold a full-time political appointment, or have held any full-time political appointment in the preceding four years.
   (D)   Every member appointed on said Commission shall take and subscribe to an oath that he or she will conscientiously and faithfully discharge the duties of his or her office. Said oath shall be filed with the Clerk of the city.
   (E)   The five members of the Commission shall be paid a per diem allowance for each day of actual service in the amount to be fixed by the Commission, subject to the approval of the City Council, and in addition, the member shall be paid a salary, not to exceed $500 per year for each member, subject to the approval of the City Council.
   (F)   The unexpired term for any reason, including death, sickness, or resignation, of any member of this Commission, shall be filled by appointment in the same manner as the appointment of the members of the Commission whose terms have expired.
   (G)   Any Commission member may be removed for cause in the same manner that Police Officers are removed.
   (H)   Three members of the Commission shall constitute a quorum for the transaction of official business; all official business may be transacted only formally and after each member of the Commission has been notified of the time and place of the meeting by certified mail.
('74 Code, § 20-131)
   (I)   The Commission shall be authorized to elect from its members a President, Vice-President, and Secretary for a period of one year.
   (J)   The secretary of the Commission shall  make and keep a permanent record of its proceedings. The Commission shall be authorized and directed to prepare and adopt rules and regulations governing the rating of persons employed as members of the Police Department, and promoting members of the Police Department up to and including Lieutenant from the next lower rank.
('74 Code, § 20-132)
(Ord. S-233-82, passed 12-28-82)