§ 137. Discipline. If a charge may be made by any person against any\nofficer or member of the police or fire departments that he has been\nnegligent or derelict in the performance of his official duties, or is\nincompetent or without capacity to perform the same or is guilty of some\ndelinquency seriously affecting his general character or fitness for the\noffice, the charge must be in writing, in the form prescribed by the\nrules and regulations of the commissioner of public safety, and a copy\nthereof must be served upon the accused officer or member. The\ncommissioner shall then proceed to hear, try and determine the charge.\nThe accused shall have the right to be present at his trial and to be\nheard in person and by counsel and to give and furnish evidence in his\ndefense. All tria
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§ 137. Discipline. If a charge may be made by any person against any\nofficer or member of the police or fire departments that he has been\nnegligent or derelict in the performance of his official duties, or is\nincompetent or without capacity to perform the same or is guilty of some\ndelinquency seriously affecting his general character or fitness for the\noffice, the charge must be in writing, in the form prescribed by the\nrules and regulations of the commissioner of public safety, and a copy\nthereof must be served upon the accused officer or member. The\ncommissioner shall then proceed to hear, try and determine the charge.\nThe accused shall have the right to be present at his trial and to be\nheard in person and by counsel and to give and furnish evidence in his\ndefense. All trials shall be open to the public. The commissioner has\npower to issue subpoenas, in his name, to compel the attendance of\nwitnesses, and shall upon the oral application of the accused issue a\nsubpoena on the behalf of the accused, leaving the space for the names\nof his witnesses blank that he may fill in their names, upon any\nproceeding authorized by the rules and regulations of the department,\nand any person served with a subpoena is bound to attend in obedience to\nthe command thereof; and the commissioner shall compel the attendance of\nwitnesses and compel them to testify in the same manner as in the case\nof any officer or board authorized by law to issue subpoenas and take\ntestimony. If the accused shall be found guilty of the charge made\nagainst him, the commissioner may punish him by reprimand, by forfeiting\nand withholding pay for a period not to exceed thirty days, by\nsuspension without pay during a period not to exceed thirty days, or by\ndismissal from office. At any time within one year after the date of\ndismissal, any officer or member dismissed may make application to the\ncommissioner for reinstatement. Such application must be in writing and\ncontain a release of the city from all claims for back compensation. The\ncommissioner may, in his discretion, rehear and redetermine the charges\nand reinstate such officer or member, with or without an allowance of\nthe whole or a part of the time since such dismissal to be applied on\nhis time of service in the department, or may affirm such dismissal. At\nany time within one year after this chapter takes effect or within one\nyear after the date of resignation, an officer or member who has\nresigned may make application to the commissioner for reinstatement and\nthe commissioner may, in his discretion, reinstate him, but the time\nbetween the date of resignation and reinstatement shall not apply on his\ntime of service in the department.\n