Any permanent member or officer of the Police Department shall be subject to the appropriate disciplinary action as set forth in the rules and regulations of the Department according to the nature of the offense. Pursuant to § 42-5, the Chief of Police will have the authority to institute and conduct all disciplinary actions in accordance with the department rules and regulations and manual, except as limited in this chapter.
No permanent member or officer of the Department will be removed from his or her office, employment or position for political reasons.
No officer or permanent member of the Department may be suspended, fined or reduced in rank or office except for the causes set forth above.
All disciplinary actions specified in § 42-12 will be conducted according to the following procedure:
The charge or charges against the officer or permanent member will be set forth in a written complaint and placed in his personnel file, a copy of which will be served on the officer.
For suspension without pay of five days or less, the officer or member may request a hearing before the Mayor and Council as prescribed in Subsection C below. If such request is not made within 48 hours of the suspension, then the officer will have waived any right to a hearing.
For dismissals or suspensions of more than five days without pay, the officer or member will be served personally with a copy of the complaint with a notice of a designated hearing date before the Mayor and Council, which shall not be fewer than 10 nor more than 30 days from the date of service of the complaint.
The hearing will be held by the Mayor and Council on the designated date unless the member or officer agrees to or requests an extension or adjournment, in which case the hearing will be conducted as adjourned.
The Chief of Police will have the authority to suspend a member or officer charged pursuant to this Article for a period of not more than 30 days pending a hearing. If the hearing date is adjourned at the request of the member or officer, then the suspension may continue until the hearing date without dismissal of the charges.
Notwithstanding any other law to the contrary, whenever any municipal police officer is charged under the law of this state, another state or the United States with an offense, said police officer may be suspended from performing his or her duties, with pay, until the case against said officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated; provided, however, that if a grand jury returns an indictment against said officer or said officer is charged with an offense that is a felony or that involves moral turpitude or dishonesty, said officer may be suspended from his or her duties, without pay, until the case against the officer is disposed of at trial, until the complaint is dismissed or until the prosecution is terminated.
If a suspended police officer is found not guilty at trial, the charges are dismissed or the prosecution is terminated, said officer shall be reinstated to his or her position and shall be entitled to recover all pay withheld during the period of suspension subject to any disciplinary proceedings or administrative action.