181.08 DISABILITY PAY FOR SWORN MEMBERS OF THE FIRE AND POLICE DIVISIONS.
(a) Length of Time for Pay. If any sworn member of the Fire Division or Police Division is disabled as the result of injuries received in the performance of his or her duties, such sworn member shall be entitled to receive his or her salary during the continuance of such disability, or during the period of one year, whichever is shorter, subject to the conditions specified in this section. (Ord. 99-2-20. Passed 2-24-99.)
(b) Certification. In case any sworn member of the Fire Division or Police Division is disabled as the result of injuries received in the performance of his or her duties, it shall be the duty of the Chief of the Division concerned to ascertain the nature and circumstances of the injuries. For this purpose the Director of Public Safety may cause the injured person to be examined and/or re-examined by a competent physician or surgeon. In the event of such examination or re-examination such physician or surgeon shall certify to the Director of Public Safety a report of the nature and extent of the disability. The Chief of the Division concerned shall certify to the Director of Public Safety a report of the nature and circumstances of the injury. The Director of Public Safety shall transmit copies of such certificates to the Director of Civil Service and the Director of Finance. If the Director of Civil Service or the Director of Finance is not satisfied that the injury or the circumstances in which it was received are such as to entitle the injured person to continue to receive his or her salary, he shall within five days from receipt of such certificate or certificates notify the other Directors concerned and shall, if he thinks it needful, cause or require other or further examination to be made.
(c) Examination by Physician. No person shall be entitled to receive salary or compensation if he or she refuses to permit examination of his or her injuries at any time by a competent physician or surgeon at the direction of the Director of Public Safety, the Director of Civil Service or the Director of Finance; or if, upon the determination as a result of any such examination that he or she is fit either for full, or for partial duty, or for special duty, he or she fails or refuses to report to his or her Chief, or to respond to any order that he or she so report. Malingering shall be sufficient ground for discontinuance of salary and for dismissal from the service.
(d) Promotion not Permitted. The salary or rank of any sworn member of the Fire Division or Police Division shall not be increased during and for any period of disability, either partial or entire, during which he or she is paid his or her salary.
(Ord. 83-1-6. Passed 1-26-83.)