(a) Disciplinary Action. A member of the Police Department who violates or attempts to violate a law of the United States or the State, a local ordinance, a rule or regulation, a policy or procedure, a
general or special order or a written or verbal order, or who is incompetent to perform his or her duty, is subject to appropriate disciplinary action.
(b) Authority; Minor Disciplinary Measures. Final disciplinary authority and responsibility within the Department, except for dismissal or suspension in excess of fifteen days, rests with the Chief of Police. Other supervisory personnel may take the following disciplinary measures:
(1) Oral reprimand;
(2) Written reprimand;
(3) Extra duty;
(4) Suspension up to three days; and
(5) Written recommendations for other penalties.
(c) Removal or Discharge. Except as otherwise provided in this section, no member of the Department shall be removed or discharged, except for cause, upon written charges and after an opportunity to be heard in his or her own defense. Council shall conduct a fair and impartial hearing of the charges, to be commenced within thirty days of the filing thereof. If such member is found guilty, Council, upon a majority vote, may discharge him or her or suspend him or her for up to thirty days without pay.
In the conduct of such hearing, Council shall have the power to administer oaths and affirmations and to secure, by subpoena, witnesses, books and papers relevant to the hearing.
The provisions of the Administrative Review Act, approved May 8, 1945, and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for judicial review of the final administrative decisions of Council. The term "administrative decision" is as defined in Section 1 of the Administrative Review Act.
Nothing in this section shall be construed to prevent the Chief of Police or his or her agent from suspending, without pay, a member of the Department for a period of not more than fifteen days. However, the Chief shall notify Council of such suspension, in writing, through the Mayor or the Commissioner of Public Health and Safety.
(d) Appeal of Suspension. Any policeman who is suspended by the Chief or his or her agent may appeal to Council, in writing, through the Commissioner of Public Health and Safety, within forty-eight hours after such suspension. Upon such appeal, Council may sustain the action of the Chief or his or her agent, revise it and provide for payment of lost wages, suspend the action for an additional period not to exceed thirty days, or discharge the suspended policeman, depending upon the facts presented.
(e) Penalties. The following penalties may be assessed against any member of the Department as disciplinary action:
(1) Oral reprimand;
(2) Written reprimand;
(3) Voluntary surrender of time off in lieu of other action;
(4) Voluntary surrender of accumulated overtime in lieu of other action;
(5) Suspension;
(6) Reduction in rank; and
(7) Dismissal from service.
(f) Exceptions. The disciplinary procedure for dismissal and review set forth in this section shall affect fu11-time police officers only. All part-time police officers and civilian employees of the Department shall be subject to the same penalties herein provided with the final disciplinary authority resting with the Chief.