(A) Any police officer or the City Police Chief may be disciplined or immediately discharged from duty for gross misconduct, neglect of duty or disobedience of lawful orders of the President of the City Council or the City Council as a whole.
(Prior Code, § 1-603)
(B) In the event of discharge for any of the causes set forth in division (A) above, the police officer or City Police Chief shall have the right to appeal his or her discharge or disciplinary action to the City Council. Such appeal shall be made within 30 days of his or her discharge or disciplinary action by filing a written application for a hearing before the Council. Such written application shall be made to the City Clerk, and if such application is made, the Clerk shall immediately notify the Mayor of the receipt of such application. Upon notice of the filing of such application, the Mayor shall call a special meeting of the City Council within 20 days of receipt of the written application to consider such application. Both the police officer and the individuals causing such disciplinary action or discharge shall have the right at the hearing to be heard and to present evidence to the City Council for its consideration. Not later than 30 days following the adjournment of the meeting at which the hearing was held, the City Council shall vote to uphold, reverse or modify the removal or disciplinary action. The failure of the City Council to act within 30 days or the failure of a majority of the elected Board members to vote to reverse or modify the removal or disciplinary action shall be construed as a vote to uphold the removal or disciplinary action. The decision of the City Council shall be based upon its determination that, under the facts and evidence presented at the hearing, the challenged removal or disciplinary action was necessary for the proper management and the effective operation of the Police Department in the performance of its duties under the statutes of the state.
(Prior Code, § 1-604)