(A) Except as hereinafter provided and except as otherwise provided by applicable statute or collective bargaining agreement, officers or members of the Fire and Police Departments (including the Fire and Police Chiefs during the time of their respective appointments or as otherwise provided in this Code), who shall have successfully served and completed their probationary periods, as provided herein, shall not be subject to removal or discharge except for cause, upon written charges, filed with the Board of Fire and Police Commissioners, and after an opportunity to be heard in their own defense. When such charges are filed or a disciplinary action imposed by the Police Chief or Fire Chief is appealed to the Board of Fire and Police Commissioners, the Board shall conduct a fair and impartial hearing of the charges, to be commenced within 30 days of the filing thereof, which hearing may be continued from time to time. Except as otherwise provided in an applicable collective bargaining agreement, nothing herein shall be deemed to limit or restrict the power and authority of the Board, in accordance with its rules, to conduct informal investigations of complaints or allegations of misconduct of members of the Fire or Police Departments. Charge or charges, as used herein, shall be deemed to be filed only after the Board files and serves on the member formal, written notice of charges in accordance with the rules of the Board, and after such informal investigation of a complaint or allegation as the Board in its discretion may conduct. In case an officer or member is found guilty, the Board may discharge him or may suspend him not exceeding 30 calendar days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not exceeding 30 days and successive temporary suspensions may be made by the Board without pay for such period in the event the healing is continued from time to time, provided that the aggregate amount of time that an officer or member may be suspended without pay pending a hearing on the charges against him shall not exceed 30 days. If the Board of Fire and Police Commissioners determines that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld, if any. In the conduct of this hearing, each member of the Board shall have the power to administer oaths and affirmations, and the Board shall have the power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing.
(B) Unless earlier retired under the provisions of the applicable pension system, the age for retirement of policemen and firemen is 65 years, including the Chiefs of the Police Department and Fire Department, except that the Council may by ordinance provide for an earlier retirement age of not less than 60 years.
(C) Except as otherwise provided by applicable collective bargaining agreement, nothing in this section shall be construed to prevent the Chief of the Fire Department or the Chief of the Police Department from suspending without pay a member of his Department for a period of not more than five days, but he shall notify the Board in writing of such suspension. Except as otherwise provided by applicable collective bargaining agreement, any policeman or fireman so suspended may appeal to the Board of Fire and Police Commissioners for a review of the suspension within five calendar days after such suspension, and upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse it with instructions that the man receive his pay for the period involved, or may suspend the officer for any additional period of not more than 30 days or discharge him, depending upon the facts presented. Upon such appeal a hearing de novo shall be held in the same manner as required in the case of charges originally having been filed against such officer.
(1980 Code, § 11.611) (Ord. 9309, passed 6-26-2017)