ALLEGANY COUNTY. 71

the best of his ability. Such commission shall, on the second Monday in
June and December of the year 1928, and each year thereafter or oftener,
if they shall deem it necessary, under such rules and regulations as it may
prescribe, hold examinations for the purpose of determining qualifications
of applicants for positions of Chief of Police, Assistant Chief of Police,
patrolmen or policemen of the police department, which examination shall
be practical in their character and shall relate to such matters as will
fairly test the fitness of the person examined to discharge the duties of
the position to which he seeks to be appointed.

Such commission shall, as soon as possible after every such examina-
tion, certify to the Mayor and Councilmen the names of the persons for
said police department who, according to its records have the highest
standing for the position they seek to fill, as a result of such examination,
and all vacancies in positions under civil service which shall occur before
the holding of the next examination, shall be filled from the said list so
certified; provided, however, if the list for any cause shall be reduced to
less than two for the position of Chief of Police and Assistant Chief of
Police or three for the position of policemen or patrolmen, then the Mayor
and Councilmen may temporarily fill a vacancy until the next examina-
tion of the commission. From the list so certified by said commission to
the Mayor and Councilmen, the latter shall select one person as Chief of
Police of said City and one as Assistant Chief of Police of said City
and as many persons as policemen or patrolmen for said City as the
Mayor and Councilmen may from time to time designate by ordinance.
All persons subject to such civil service examination shall be subject to
removal from office or employment by a majority vote of such civil service
commission, for misconduct or failure to properly perform their duties
under such rules and regulations as may be adopted by the Mayor and
Councilmen. The Chief of Police may peremptorily suspend or dis-
charge any subordinate then under his direction for neglect of duty, dis-
obedience of orders, or misconduct, but shall, within twenty-four hours
thereafter, report such suspension or discharge with the reason therefor
to the Police Commissioner of the Mayor and Councilmen who shall
thereupon affirm or reject such suspension or discharge according to the
merits under the facts of the case. Every officer or employee so dis-
charged or suspended and whose suspension and discharge has been affirmed
or the officer or person so suspending or discharging his subordinate when
such suspension or discharge has been revoked, as the case may be, may,
within five days from the affirmance or revocation of any such suspension
or discharge appeal therefrom to the civil service commission, if the
person taking the appeal was subject to civil service, otherwise to the
Mayor and Councilmen, and such commission or Mayor and Councilmen,
as the case may be, shall fully hear and determine the appeal upon the
merits of the case, and if it be determined that any such suspension or
discharge was unwarranted, the appellant shall be reinstated, otherwise
it shall be affirmed. Any such appeal may be taken by serving upon the