No non-probationary member of the fire department below the rank of deputy chief or
of the police department below the rank of deputy chief, shall be removed, discharged,
demoted, adversely affected by the promotional process or involuntarily retired except
for cause upon written charges or complaint and after an opportunity for an open public
hearing in his or her own defense before the Civil Service Board. The chiefs of the
fire and police departments shall have the authority to suspend without pay any member
of their respective departments upon cause for periods not to exceed 10 days (112
hours for fire fighters) without a hearing by the Civil Service Board. Suspensions
for periods in excess of 10 days (112 hours for fire fighters) shall be given pending
hearing by the Civil Service Board. Said hearing shall be held within thirty (30)
calendar days following the receipt by the affected member of official notification
of the action or shall be deemed waived unless the Board grants an extension upon
the request of any party. The charges upon which such disciplinary action was taken
shall be heard before the Civil Service Board after service upon the person charged
with a copy of the charges, as herein before provided. The decision of the Board thereon
shall be given in writing to all parties and a copy thereof filed with the City Clerk.
In all proceedings before the Civil Service Board, all members are expected to attend
unless previously excused by the Chairman. The city attorney shall appear and represent
the interest of the City when requested or ordered by the City. The person against
whom charges are preferred or the appellant shall have the right to employ counsel
to represent him at the hearing before said Board. Said Board shall have power to
subpoena witnesses both on behalf of the City and the accused or appellant and to
require the production of any books, papers or records material to the issues in said
case, by subpoena to be issued in the same manner as subpoenas are issued by the municipal
court, signed by the Chairman of said Board. Said Board shall have power to punish
for contempt by a fine not exceeding $100 or imprisonment not exceeding seven (7)
calendar days any person willfully failing or refusing to obey such subpoena.
