214 LAWS OF MARYLAND. [CH. 96

ing to its records, have the highest standing for the position
they seek to fill, as a result of such examination and all vacan-
cies in positions under Civil Service which shall occur before
the holding of the next examination shall be filled from said
list so certified; provided, however, if the list for any cause
shall be reduced to less than three for any division or depart-
ment, then the commissioner of said department may tem-
porarily fill a vacancy until the next examination of the com-
mission. The present officers and employees of the Police and
Fire Departments heretofore appointed under Civil Service
regulations shall hold their positions unless removed or disqual-
ified under the provisions of this Act.

(o) All persona subject to such Civil Service examination,
except the Chief of Police and the Chief of the Fire Depart-
ment, shall be subject to removal from office or employment
by a majority vote of such Civil Service Commission for mis-
conduct or failure to properly perform their duties under such
rules and regulations as may be adopted by the Council. The
Chief of Police and the Chief of the Fire Department may
peremptorily suspend or discharge any subordinate then under
his direction for neglect of duty, disobedience of orders or mis-
conduct, but shall, within twenty-four hours thereafter, report
such suspension or discharge with the reason therefor, to the
Commissioner of such department, who shall thereupon affirm
or revoke such suspension or discharge according to the merits
under the facts of the case. Every officer or employe so dis-
charged or suspended and whose suspension or discharge has
been affirmed, or the officer or person so suspending or discharg-
ing a subordinate when such suspension or discharge has been
revoked as the case may be, may, within five days from the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 per-
son taking the appeal was subject to Civil Service, otherwise to
the City Council, and such commission or council, 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 sus-
pension or discharge was unwarranted, the appellant shall be
reinstated, otherwise it shall be affirmed. Any such appeal may
be taken by serving upon the proper commissioner a notice in
writing, within said time, specifying the ruling appealed from,
which notice shall be signed by the person taking the appeal.
A true copy of such notice of appeal shall be filed with the
chairman of the Civil Service Commission or Mayor as the case
may be. Within five days from the service of such notice of