Sec. 135. 

(1)  The right of an officer or employee of the Fire Department, except the Chief Engineer, to hold his or her office or position and to the compensation attached to such office or position is hereby declared to be a substantial property right of which he or she shall not be deprived arbitrarily or summarily, nor otherwise than as herein in this section provided.  No officer or employee of the Fire Department shall be suspended, removed, deprived of his or her office or position, or otherwise separated from the service of the Fire Department (other than by resignation), except for good and sufficient cause shown upon a finding of “guilty” of the specific charge or charges assigned as cause or causes therefor after a full, fair and impartial hearing before the Board of Rights (except as otherwise specifically provided in Paragraphs two (2) and seven (7) of this section).  Such charges must be based upon some act committed or omitted by such officer or employee within one (1) year prior to the filing of the complaint referred to herein.  No case of suspension with loss of pay shall be for a period exceeding six (6) months.  (Amended, 1995.)

(2)  Provided, however, that the Chief Engineer may:

(a)  Temporarily relieve from duty any officer or employee of the Fire Department pending a hearing before and decision by the Board of Rights of any charge or charges pending against such officer or employee; or, he may

(b)  Suspend such officer or employee for a total period not to exceed thirty (30) days with loss of pay and with or without reprimand, subject, however, to the right of such officer or employee to a hearing before a Board of Rights. In the event the officer or employee suspended under this sub-paragraph files his application with the Chief Engineer (within five (5) days after service upon him of notice of such suspension if he has been personally served or within ten (10) days if he has been served in any other manner as herein prescribed), for a hearing before and decision by a Board of Rights in the manner in this section provided, such suspension shall thereupon automatically become a temporary relief from duty pending hearing and decision by the Board of Rights. In the event, however, that such officer or employee so suspended under Sub-paragraph (b) of Paragraph two (2) hereof, fails to so apply for such hearing within the period prescribed, he shall be deemed to have waived such hearing and such suspension shall remain effective, unless the Chief Engineer requires that a hearing be had, as hereinafter provided.

(3)  In the event any order of relief from duty or order of suspension is made under either Sub-paragraphs (a) or (b) of Paragraph two (2), such order must contain a statement of the charges assigned as causes therefor, and the Chief Engineer must (within five (5) days after such order of relief from duty or order of suspension is served as in this section prescribed) file with the Board of Fire Commissioners, a copy of a verified written complaint upon which such order of relief from duty or order of suspension is based, with a statement that a copy of such order of relief from duty or order of suspension and copy of verified complaint was served upon the accused. Such complaint must be verified by the oath of the person making the same and must contain a statement in clear and concise language of all the facts constituting the charge made. In the event that the Chief Engineer fails to file the aforesaid statement and complaint within the five (5) day period heretofore prescribed, the aforesaid order of temporary relief from duty or order of suspension shall thereupon become void and of no effect and shall be automatically revoked, and the accused officer or employee restored to duty with the department without loss of pay and without prejudice, the same as if no order of relief from duty or order of suspension had been made.

(4)  The service of any notice, order or process mentioned in this section, other than service of subpoena, may be made either by handing the officer or employee a copy thereof personally or by forwarding such copy by registered mail to his last known address of record with the Fire Department if after due diligence he cannot be found.

(5)  Within five (5) days after service upon him of copy of the aforesaid verified complaint if he has been personally served or within ten (10) days after service upon him of copy of the aforesaid verified complaint if he has been served in any other manner as herein prescribed, the accused officer or employee may file with the Chief Engineer his written application for a hearing before and decision by a Board of Rights.

(6)  The Board of Rights shall be constituted of three (3) officers of the rank of battalion chief or higher. Upon the filing of the request for hearing before a Board of Rights as hereinabove provided, the officer or employee shall draw six (6) cards from a box containing the names of all of the officers who are qualified to sit upon such board (except the names of the accused, the accuser, the Chief Engineer and the Deputy Chief Engineer, and such other officer as may be otherwise prejudiced or otherwise disqualified by reason of being a material witness to the facts constituting the charges made), and shall select any three (3) of the six (6) names thus drawn to constitute the Board of Rights to hear and decide upon the charges against him, rejecting the three (3) not selected by replacing them in the box. The three (3) thus selected shall constitute the Board of Rights to hear and decide the matter.

(7)  In the event the accused fails, in any case, to request a hearing before a Board of Rights as hereinabove provided within the period prescribed, the Chief Engineer may require a hearing to be had before a Board of Rights and may for that purpose, within five (5) days after the expiration of such period, draw three (3) names from such box to constitute such board. Provided, however, that in any case where such Board of Rights has been constituted for the purpose of hearing as herein in this section provided and the accused, without reasonable excuse, fails, neglects or refuses to appear before the said Board of Rights in session for such trial or hearing at the time and place designated, the Chief Engineer may, at his discretion, either direct the Board of Rights to proceed with such trial or hearing in the absence of such accused, or he may, without such hearing, impose such penalty of suspension or removal as he deems fit and proper, and cause notice thereof to be served upon such officer or employee so suspended or removed in the manner herein prescribed, and file a statement of such action with the Board of Fire Commissioners within five (5) days thereafter; and provided, further, however, that in the event the accused and Chief Engineer both fail to draw and create such Board of Rights within the period prescribed in any case of temporary relief from duty pending hearing, then and in that event such temporary relief from duty shall be null and void and of no effect, the same as if it had not been made.

(8)  Upon the selection of the officers to constitute the Board of Rights, the said Chief Engineer shall appoint the time (not less than five (5) nor more than ten (10) days thereafter) and designate a place where such hearing is to be held, and shall cause notice thereof to be served upon accused in the manner herein prescribed.

The Board of Rights may at any stage of the proceedings (after it has first met in session at the time and place designated) continue from time to time the hearing of the matter pending before them.

(9)  The officers so selected as herein prescribed shall constitute the Board of Rights (for the purpose of hearing and deciding upon the matter for which it was specially drawn) and shall have the power to administer oaths and affirmations in any investigation or proceeding pending before said board; examine witnesses under oath, and compel the attendance of witnesses and the production of evidence before them, respectively, as the case may be, by subpoena to be issued in the name of the City of Los Angeles, and to be attested by the City Clerk of said City.

(10)  The City Clerk shall, upon demand of the officers constituting the said Board of Rights, issue such subpoena in the name of the City, and attest the same with the corporate seal thereof, and shall in such subpoena direct and require the attendance of the witnesses sought to be subpoenaed before the said board, at the time and place in said subpoena specified; and it shall be the duty of the Chief of Police to cause all such subpoenas to be served by some member of the Police Department upon the person or persons required to attend as aforesaid; and it shall be the duty of the Council upon the adoption of this Charter amendment to provide suitable penalties for disobedience of such subpoenas, and the refusal of witnesses to testify as herein provided.

(11)  The City Attorney (or some duly authorized deputy) shall, upon request of the Board of Rights, sit with said Board of Rights during its session or hearing for the purpose of advising the said board on any and all legal matters pertaining to this section.

(12)  At such hearing the accused shall have the right to appear in person and by counsel or representative, or both, and make defense to such charge and may produce witnesses to testify in his behalf and cross-examine witnesses against him. The accused shall have the right and privilege to select and name any officer of the department of any rank not higher than the rank of captain (who is not otherwise disqualified by reason of prejudice or being a party to the action in any capacity) to act as his defense representative at such hearing. The Chief Engineer must immediately assign the officer so selected and named to act as such representative, and it is hereby made the duty of such officer to use every legal means available and exercise the best efforts of which he is capable to defend the accused at such hearing. All testimony at such hearing shall be given under oath, reported by a stenographer and transcribed and the accused shall be entitled to a certified copy of such transcript without charge or payment of fee. The said Board of Rights shall, at the conclusion of the hearing, make its specific findings of “guilty” or “not guilty” (on each specific charge) which must be based upon the evidence adduced before it at such hearing and not otherwise and render and certify its decision in writing. If the accused is found “not guilty” said board shall order his restoration to duty without loss of pay and without prejudice, and such order shall be self-executing and immediately effective. In case, however, that the accused is found “guilty,” the said Board of Rights shall prescribe its penalty (by order in writing) of either suspension for a definite period not exceeding six (6) months with total loss of pay, and with or without reprimand; or reprimand without further penalty; or of removal from office or position; which decision and order must be certified in writing and a copy thereof immediately delivered to the Chief Engineer. The departmental personal history and records of the accused shall not be available to the Board of Rights except and only in such cases where the accused has been found guilty of any charge upon which he was heard or tried by the Board of Rights, then only for the purpose of determining a proper penalty to be prescribed; provided, however, that in prescribing such penalty the said board must look to the nature and gravity of the offense of which the accused has been found guilty and may at its discretion review the departmental personal history and record of such accused provided further, however, that no item or entry in such record may be considered by the said board except in the presence of the accused, nor unless such accused has been given a fair and reasonable opportunity to explain any such item or entry.

(13)  The Chief Engineer shall thereafter execute the order of the Board of Rights within five (5) days after delivery to him of such certified copy of decision and order, or he may, within five (5) days, at his discretion and in lieu of such order, impose a penalty upon such officer or employee less in severity than that ordered by the Board of Rights, but may not impose a greater penalty. In the case of a suspension or removal, the Chief Engineer shall cause a copy of his notice of suspension or removal (based upon the order of the Board of Rights or upon his modification thereof) to be served upon such officer or employee and shall file a statement of such action with the Board of Fire Commissioners within five (5) days thereafter.

(14)  In any case of penal suspension or removal prescribed by the Board of Rights (or by the Chief Engineer in case no hearing is had before a Board of Rights) the time of such suspension shall be computed from the first day such officer or employee was so suspended or relieved from duty pending hearing before and decision by the Board of Rights, and such removal shall relate back to and be effective as of the date of such relief from duty pending hearing before and decision by the Board of Rights.

(15)  No officer or employee of the Fire Department shall be twice tried for the same offense, except upon his request. In any case of exoneration of the accused after a hearing before the Board of Rights, such exoneration shall be without prejudice to such officer or employee.

(16)  At any time within three (3) years after any case of removal as hereinabove provided, the officer or employee so removed may file his request with the Chief Engineer to be reheard or to be heard on the cause of his removal, together with his supporting affidavit specifically setting forth in clear and concise language the reasons or grounds therefor. The Chief Engineer must consider and decide upon such request and affidavit within thirty (30) days after such filing. If good reason or cause appears therefor, the Chief Engineer must, without unnecessary delay, cause a Board of Rights to be constituted in the manner hereinabove provided for the purpose of hearing and deciding upon the matter. The said Board of Rights shall proceed as hereinabove prescribed, and shall, at the conclusion of the hearing, render and certify its findings (independent of any previous findings by any other Board of Rights, or any other court, board or other tribunal, or any investigation or report of or discretion exercised by the Chief Engineer in such cases where no hearing was had before a Board of Rights), based upon the evidence adduced before it at such hearing and not otherwise, and shall make and certify its decision and order in writing, and shall deliver a copy thereof to the Chief Engineer. The Chief Engineer shall thereupon proceed in the same manner as is hereinabove provided for after decision by the Board of Rights.

(17)  If, as and when the Board of Fire Commissioners herein referred to should become abolished, then, and in that event, wherever in this section the Board of Fire Commissioners is named or referred to there shall be read into this section, in place thereof, the name of the officer, board or other body created in its place to assume the functions, powers and duties of such Board of Fire Commissioners; or, in the absence of such specific provision, then there shall be read into this section the name of the officer, board or body to whom such powers or duties may be delegated, or who shall assume such powers or duties.

(18)  This section shall not be construed to in any way affect any other rights any officer or employee may have to pursue or assert any and all other legal rights or remedies in relation to his office or position or to the compensations attached thereto, or to appeal to or be heard or tried by or before any court or other tribunal of competent jurisdiction, whether such court or other tribunal now exists or may be hereafter created or established.

(19)  Any person restored to duty or reinstated in his office or position after suspension or removal, as provided in and under any provision of this section, shall be entitled to receive full compensation from the City the same as if suspension or removal had not been made, provided that such compensation shall not be for more than six (6) months salary.  (Amended, 1935.)

See Section 112(b) as amended in 1945, for members of Fire Department excluded from the operation of this section.

See annotations under Section 202.