(A) No Town Marshal or regular town deputy shall be suspended from duty or removed from office without a written complaint having first been lodged with the Town Council identifying the person accused and specifying the conduct alleged to warrant the suspension or removal.
(B) Upon the lodging of a complaint as provided in division (A) of this section, a full written report of the incident shall be made to the Council by the person accused. In addition, the Town Marshal or the Police Commissioner if the Town Marshal is the person accused, shall conduct a complete investigation and submit a written report thereof to the Council. The report shall recommend either the dismissal of the complaint or the filing of formal charges against the person accused. If the complaint is deemed to be of a serious nature or if the physical or mental condition of the person accused is involved the person shall immediately be suspended from active duty.
(C) If the written report of the Town Marshal or the Police Commissioner recommends the filing of formal charges, the charges shall be filed, and a disciplinary action board shall be called, consisting of the Police Commissioner, the Mayor, a town deputy chosen by the person accused and other members of the Town Council as shall be deemed sufficient by the Mayor and chosen therefrom by him or her. No member of the disciplinary action board may be a witness for or against the person accused.
(D) The disciplinary action board shall have full authority and shall make such investigation and hold the hearings as it deems necessary, upon the conclusion of which it shall have sole and exclusive power and authority to find the person accused either innocent or guilty of the formal charges filed against him or her.
(E) If the person accused is found innocent, the charges filed against him or her shall be dismissed.
(F) If the person accused is found guilty, the disciplinary action board may officially reprimand him or her or cause to be forfeited up to ten of his or her days off, or the disciplinary action board may order that the person accused be separated from the Town Marshal Department.
(G) If the disciplinary action board orders the person accused to be separated from the Town Marshal Department, the Town Council shall take the order under advisement and shall make a final decision thereon at its next regular meeting.
(1996 Code, § 2.24.080) (Ord. 23-02, passed 3-28-2023)