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Home My WebLink About45 of 1936 - Amending Section 4501 by adding there to paragraph (h) marquees over sidewalk ROLL CALL • Salt Lake City, Utah cv• 12 193,E VOTING AYE; NAY - "`- / I move thatx Bill Number 45 for An or�,inance__ Goggin - - - �/ amending-Section 889 of the R.O. of S.L.C.,Ut.,1934, Keyser - - - x relating to the Police Dept., be Murdoch V referred to the Committee o f the Whole for further investigation. Lee - - - - Mr. Chairman - 1., Result - - - Commissioner of Public Affairs &F'inance Passed by the Board of Commission s of Salt Lake City,Utah. ___. i�36 Cir Recorder Mayor. SALT LAKE CITY CORPORATION CIVIL SERVICE COMMISSION SALT LAKE CITY,UTAH HERMAN H.GREEN,SECRETARY C.C.RICHARDS,CHAIRMAN 211 CITY a COUNTY BLDG. J.B.WHI,TEHILL R.J.HOGAN • A BULLETIN ISSUED BY THE CIVIL SERVICE COMMISSION OF SALT LAKE CITY, UTAH ADDRESSED TO ALL OFFICERS AND EMPLOYEES OF THE POLICE DEPARTMENT OF SALT LAKE CITY: Your attention is hereby called to the provisions of Section 889 of the Revised Ordinances of Salt Lake City,Utah, 1934, and of the Rule and Regulation of this Commission which prohibit members and employees of the police depart- ment from accepting or receiving any money or compensation whatsoever,either directly or indirectly,from any person for any service rendered,to be rendered,or act done by such member of the police department,other than the salary provided by ordinance. NOTICE IS HEREBY GIVEN,that if this Commission shall find that any officer,member or employee of the police department is violating the provisions of either the said Ordinance or Rule referred to,this Commission will certify such fact to the Chief of Police and request the immediate dismissal by him,from the police department,of the said violator, as provided in the said Ordinance and Rule;and if no action is taken upon such request,by the Chief,or the request is denied,this Commission will certify all of the facts in the case to the Board of City Commissioners for its action. FURTHERMORE,any violation of such Ordinance and the Rule of the Commission, by any officer, member or employee of the police department of Salt Lake City will be taken into consideration by this Commission and may be deemed sufficient to deny the violator the right or privilege of being considered for promotion in the department. The Section of the City Ordinance,above referred to, reads as follows: "Sec.889. Gifts. Acceptance of. Penalty. No member of the police department shall receive any fee or any compensation whatever,directly or indirectly,from a city,county or state for any service rendered or act done by such member of the police department other than the salary provided by ordinance,except witness fees in superior courts; nor shall any member of the police department receive any money or compensation whatever,directly or indirectly,from any person for any service rendered, to be rendered, or act done other than the salary provided by ordinance; provided, however,that a gift of reward may be accepted by a mem- ber of the police department only upon a written recommendation of the chief of police and approved by the commissioner of public safety. Any violation of this section will subject the offender to immediate dismissal." And the Rule of this Commission,cited above,is as follows: "No patrolman. policewoman,or other officer, member or employee of the police department, whose name is upon the pay rolls of the city, and is receiving compensation,regularly,for service rendered the city, shall be permitted to accept or receive any salary, wage, compensation or reward, whatsoever, for services rendered by him or her as a police officer,detective or watchman for any private individual,firm or business establishment; and for a violation of this rule the offender shall be immediately discharged from the service by the Chief of Police.' This Bulletin will be posted upon the public bulletin board in the police department and all persons affected by it will be expected to read and be governed by its provisions. Dated at Salt Lake City, Utah, this 21st day of September, 1937. THE CIVIL SERVICE COMMISSION, Of Salt Lake City.Utah. CHAIRMAN Attest:esp �p �/p Gexnzan:l Aceen; YGeoan, SECRETARY. COMMISSIONERS. LAW DEPARTMENT FISHER HARRIS CITY ATTORNEY SALT LAKE CITY CORPORATION E.R.CH RISTENSEN GERALD IRVINE ASSISTANTS F.S.FERNSTROM SALT LAKE CITY,UTAH ALONZO P.KESLER CLAIM AGENT ASSISTANT 414 CITY S COUNTY BLDG. PUBLIC SAFETY BLDG. Nov. 9, 1936. Hon, 5. B. Erwin, Mayor - Commissioner of Public Safety, City. Dear Sir:- By your letter of November 3rd you asked me the fol- lowing question: "Can the City Commission adopt ordinances af- fecting Civil Service, and would such ordinances take precedence over Civil Service Commission rules?" It is my opinion that the Board of Commissioners can not properly adopt ordinances affecting the civil Service and that if adopted ordinances of that effect would not take prece- dence of Civil Service Commission rules necessary to the carrying out of the purpose of Civil Service Law or for examinations, ap- pointments or promotions in the Police and Fire Departments. The Board of Commissioners is charged with the duty and invested with the power to create, support, maintain and control a police and a fire department, each of which shall consist of a chief and such officers, members, employees and agents as the Board may by ordinance prescribe. The appointment and removal of the chief of each department is by law committed to the Board of Commissioners alone and its action in these particulars may not be brought in question. On the other hand it is provided by law that the head of each of the police and fire departments of cities of the first and second class shall, by and with the advice and consent of the board of city commissioners, and subject to the rules and regulations of the civil service commission, appoint from the classified civil service list furnished by the civil ser- vice commission all subordinate officers, employees, members or agents in hsi department, and in like manner fill all vacancies in the same, and that the Civil Service Commission shall make all necessary rules and regulations to carry out the purpose of the Civil Service law and for examinations, appointments and promotions and, while persons in the classified Civil Service may be removed from office or employment by the head of the department for miscon- duct, incompetence or failure to perform his duties or to observe properly the rules of the department, he may appeal from such action to the Civil Service Commission whose decision thereon shall be final and binding upon all concerned. It is apparent, therefore, that the rules and regulations of the Civil Service Commission cannot be of universal application to the police and fire departments but that they have the force of law and restrict the control of the Board of Commissioners only in so far as they tend to carry out the purposes of the Civil Service Act or relate to examinations, appointments and promotions. The purpose of that Act,in my opinion, is to insure the appointment, promotion and. retention in office of persons by reason of merit only. f,2. E.B.L. 11/9/36 The ascertainment of the existence of merit, elligibility to appointment and promotion and, in case of appeal to it, the propriety of removal from office has been committed to the Civil Service Commission by the legislative authority. Its rules and regulations toward the accomplishment of its functions may not be overridden. Those, if any, which may be outside the scope of the authority delegated to it are, of course, of no legal effect. Outside of that, and except as limited by it, the authority of the Board of Commissioners is paramount. x I trust that this statement of governing principles is sufficiently clear to enable the solution of any specific problem which may have prompted your rather general inquiry, but if for any reason it is not I will be glad to amplify my opinion to the extent necessary to include it. Yours very truly, • City At orney. FI..D NULL C4ALL VOTING AYE NAY Salt Lake City, Utah, • 193_.-.-- Goggin I move that the ordinance be passed. Keyser Murdoch *Wit= Lee Mr. Chairman - - AN ORDINANCE Result AN ORDINANCE AMENDING SECTION 889, of the Revised Ordinances of Salt Lake City, Utah, 1934, relating to the police department. Be it ordained by the Board of Commissioners of SSalt Lake City, Utah: SECTION 1. That Section 889, of the Revised Ordinances of Salt Lake City, Utah, 1934, relating to the police department, be and the same is hereby amended to read as follows: SEC. 889. GIFTS. ACCEPTANCE OF. PENALTY. No member of the police department shall receive any fee or any compensa- tion whatever, directly or indirectly, from a city, county or state for any service rendered or act done by such member of the police department other than the salary provided by ordi- nance, except witness fees in superior courts; nor shall any member of the police department without the written consent of the Chief of Police approved by the Commissioner of Public Safety receive any monry or compensation or any gift or reward whatever, directly or indirectly, from any person for any ser- vice rendered, to be rendered, or act done other than the salary provided by ordinance. Any violation of this section will subject the offend- er to immediate dismissal. SECTION 2. In the opinion of the Board of Commissioners, it is necessary to the peace, health and safety of the inhabitants of Salt Lake City that this ordinance become effective immediately. SECTION 3. This ordinance shall take effect upon its first publication. % 4) -(/934) ' , -2- Passed by the Board of Commissioners of Salt Lake City, Utah, this day of _, A.D. 1936. Mayor. City Recorder. Ij P 4 1 y peered to the Baud of end named to Cam,,,,, mac., 140V 121936 _ _ 1