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Session Laws, 1949
Volume 590, Page 1839   View pdf image (33K)
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WM. PRESTON LANE, JR., GOVERNOR. 1839

their duties under such rules and regulations as may be
adopted by the Mayor and Councilmen. (2) The Chief of
Police may peremptorily suspend or discharge any subordi-
nate 'then under his direction for neglect of duty, disobedi-
ence of orders, or misconduct, but shall, within twenty-
four. hours thereafter, report such suspension or discharge
with the reason therefor to the Police Commissioner or 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 dis-
charge has been revoked, as the case may be, may, within
five days from the affirmance or revocation of any such sus-
pension 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 Police Commis-
sioner a notice in writing, within said time, specifying the
ruling appealed from, which notice shall be signed by the per-
son taking the appeal. A true copy of such notice of ap-
peal 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 appeal, the Police Com-
missioner shall file with the civil service commission or
Mayor and Councilmen, as the case may be, a written speci-
fication of the charges or grounds upon which revocation or
affirmation of the suspension or discharge appealed from
was based.

(3) Within five days after such specifications are filed
as aforesaid, the civil service commission or Mayor and
Councilmen, as the case may be, shall fix the time and place
for hearing the appeal and notify the appellant, in writing,
of the time and place so fixed, which notice shall contain
a copy of the specification so filed. The time for hearing
such appeal shall not be fixed earlier than five days nor
later than twenty days from filing such specification. The
Mayor and Councilmen and the commission shall have the
power to enforce the attendance of witnesses or production
of books and papers and to administer oaths in the same

 

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Session Laws, 1949
Volume 590, Page 1839   View pdf image (33K)
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