(A) Creation; appointment. There is hereby created the Office of Chief of Police. The Chief shall be appointed by the Board of Fire and Police Commissioners, for a term of office not to exceed three years (subject to renewal as otherwise provided in this code), and which term, shall in any event, terminate on the last day of the fiscal year of the city, of the final year of the appointment. The Chief shall be ex-officio City Marshal and Superintendent of Police. When a vacancy occurs in the position of Police Chief, the position shall be advertised/posted state wide.
(B) Notice of renewal/nonrenewal of term of office. The Board of Fire and Police Commissioners shall, not less than four months prior of the expiration of the term of office of the Police Chief, give notice to the Chief and the City Council, of its (Board's) decision to either renew or not renew the appointment. If the Board fails to either make or give notice of a decision to renew or not renew the appointment, before the four-month deadline, the City Council shall, on or before 30 days before the expiration of their term, elect to give notice of renewal or nonrenewal of the appointment.
(C) Tenure. If a member of the Police Department is appointed Chief of Police, he shall be considered as on furlough from the rank held immediately prior to his appointment as Police Chief. If he resigns or is not re-appointed as Police Chief, or is removed from the position of Chief of Police but does not resign or is not discharged from the Police Department, he shall revert to and be established in such prior rank, and thereafter be entitled to all the benefits and emoluments of such prior rank, without regard to whether a vacancy exists in such rank.
(1980 Code, § 9.002) (Ord. 9309, passed 6-26-2017)