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62 of 1919 - Substitute for Bill No. 51, relating to Police Department, Civil Service ROLL CALL ,,„.,„...„„„— VOTING AYE NAY — Salt Lake City,Utah, November.._7, ,1919._ Crabbe I move that the ordinance be passed. Green Neslen _. J Scheid Mr. Chairman Result AN ORDIN NCE An ordinance amend.in • Chapter 41 of the Revised Ordinances of Salt Lake City, 1913, with reference to the Police Department by repealing Section 952 as amended and Section 954 in said chapter and addii j thereto twenty-four new sections to be known as Sections 952x1 to 952x24, in- clusive. Be it ordained by the Board. of Commissioners of Salt Lake City, Utah: Section 1. That Section 952 as amended and Section 954 in Chapter 41, Revised Ordinances of Salt Lake City, 1913, be and the same are hereby repealed. Section 2. That Chapter 41, Revised Ordinances of Salt Lake City, 1913, be and the same is hereby amended by adding to and in said chapter, twenty-four new sections to be 'known as Sections 952x1 to 952x24, inclusive, which shall read as follows: Section 952x1. The Chief of Police by and with the advice and consent of the Board of Commission- ers shall appoint from the classified service list furnished by the Civil Service Commission all subor- dinate officers, men, employes and, agents in the Police Department subject to Civil Service Regulations as im- posed by ordinance and rules of the Civil Service Com- mission. 62 __I r i i Section 952x2. The Chief of Police shall have the power at any time to transfer any patrolman from one service to another or to promote any member of the department who shall ben certified to him by the Civil Service Commission for promotion. If such position be within the classified service, all changes shall be made in writing and a copy of the same filed with the City Recorder, the City Auditor and the Civil Service Commission. Section 952x3. The Board of Commissioners shall ap- point three persons who shall constitute and be known as the Civil Service Commission, one of whom shall be the Commissioner. of Public Safety. The other commissioners shall be qualified electors of Salt Lake City, who are known to be heartily in favor of the Civil Service System, and shall not at the time of their appointment be members of the same political party. Im- mediately after this ordinance takes effect the Board of Com- a missioners shall appoint two members of said commission, one to hold office until April 1st, 1921, the other to hold office until April 1st, 1922, or until their successors are appointed and qualified, and their successors shall be appointed for a term ore two years. Bach commissioner shall qualify by taking the con- I stitutional oath of office and by giving bond in the sum of 2000. No member of the commission shall receive any compensation for his services as such. is No member of the Civil Service Commission, except the Commissioner of Public Safety, shall, during his tenure of office, hold any other public office, nor shall he be a candidate for any other office. Section 952x4. The Civil Service Commission may organize l by electing one of its members as chairman and shall select as secretary one of the officers or employes of the city available ] ', for such service, who, in the judgment of the commission, shall be best qualified for such position. Said secretary shall serve, � j+ -2_ y iris • olithout additional compensation and shall be the custodian of the books and papers of the commission, and act as clerk thereof. 1 The Civil Service Commission shall make all necessary, rules and regulations for the purpose of' carrying out the re- i quirements of this ordinance. All such rules and regulations, to- gether with the provisions of this ordinance shall be printed for ii distribution by the Commission. Section 952x5. The Board of Commissioners may in its discretion remove any Civil Service Commissioner and may fill any vacancy caused by death, resignation or otherwise. Section 952x6. The classified service shall consist of the following officers and men in the police department of Salt ; Lake City, to-wit: lieutenants, superintendent of identification bureau, chief clerk, property clerk, matron, patrolmen of the jfirst grade, patrolmen of the second grade and patrolmen of the third grade. No appointment to any of the offices or grades ofi service above mentioned shell be made except under and according to the provisions of this ordinance and the rules and regula- tions of the Civil Service Commission; provided, however, nothing in this section shall prevent the transfer of patrolmen as pro- vided in Section 953, Revised Ordinances, Salt Lake City, 1913, �� as amended. The following officers may be appointed from the classi- fied service and upon the expiration of their terms be returned thereto, to-wit: chief of police, inspector of police, chief of ! detectives, captain of police and secretary to the chief of police. Section 952x7. All applicants for places and offices din the classified Civil Service. of the Police Department shall be subjected to examination, which shall be public, competitive ; and open to all male citizens of the United States and qualified electors of Salt Lake City between the ages of 21 and 35 each inclusive. Said examination shall be practical in every respect 4 -3- i NIMMINII■ • I • I! I and shall relate to those matters which will fairly test the • relative capacity of the persons examined to discharge duties of positions to which they seek to be appointed, and shall include tests of physical qualifications and health. The Civil Service Commission shall control all examinations and designate the time and place of the same, and shall call to its assistance in. the making of such tests and examinations such professional or expert assistance as may be necessary for the purpose. The Civil Service Commission may callto its assistance any of the officers or em- ' ployes of Salt Lake City, who shall render such service without ij additional compensation. Section 952x8. Every applicant for examination shall,. ;; pay to the City Treasurer the sum of 'l.00 and shall not be ex- amined until such sum has been paid. Section 952x9. Applications for examination shall be upon blanks to be prepared and furnished by the commission, made out in the handwriting of the applicant and subscribed and sworn to by him. All applications shall be accompanied by certificates from at least two reputable citizens of Salt Lake City, and shall state that they have personally known the applicant for at least six months mad that he is of good moral character, not of dis- sipated or dissolute habits, nor addicted to intemperate use o_f intoxicating liquors, or the habitual use of drugs, that he is a citizen of the United States and a qualified elector of Salt Lake City, and that applicant is worthy and qualified to fill the posi- tion for which application is made. Ii Each applicant shall sign,in addition to the above application, a pledge that in the event'of his appointment he will not join or belong to any police department organization which is affiliated with or a part of any organization, club or body outside ii of the department, and that he consents to immediate discharge from the department if this pledge is broken, • • Section 952x10. The Civil Service Commission shall, ■ I'i( during the first week in October and April of each year and at such other times as may be deemed necessary, hold the public competitive examinations provided for herein, and shall give notice of the time and place of holding such examination by k posting a written notice in a conspicuous place in the Public) Safety Building, and in the City and County Building, for at least one week proceeding the date of such examination, and by publication at least once in each of the daily newspapers of general circulation in the city. Section 952x11. The Civil Service Commission shall prepare a register of the names of persons whose standing upon , the examination is not less than the minimum fixed by the rules , and regulations, and who are otherwise eligible, and the names of such persons shall be placed upon the register as candidates for appointment in the order of rank as determined by the results of such examination without reference to priority of time of ex-1 amination. The name of any person who shall not have been appoint- ed may remain upon the classified list for not more than one year. Section 952x12. The Civil Service Commission shall by its rules, provide for promotions in the classified service on the basis of ascertained merit and seniority in service and stand- Ling upon examination, and shall provide in all cases where prac ticable that vacancies shall be filled by promotion. All exam- inations for promotion shall be competitive among such members o;f the next lower rank established by the Civil Service Commission, as desire to submit to such examination, and it shall be the duty „ of the commission to submit to the Chief of Police the names of i;not more than three applicants having the highest rating for such promotion. The method of examining, rules governing same, and method of certification shall be the same as near as may be, as provided for applicants for original appointment. � I -5- ij Section 952x13. The Chief of Police shall notify the I,Civil Service Commission of each vacancy that may occur within the classified service and the commission shall thereupon certify to ;;him the names and addresses of the three candidates, if there shall be so many eligible, standing.highest upon the register for the j,position sought to be filled. The Chief of Police shall notify the commission separately of each position to be filled and shall fill such places by appointment by the persons certified to him by the commission. Section 952xl4. R.:10VADS. Every officer or employe in the classified civil service shall hold office until removed, re- signed or pensioned. Any officer or employe in such service may, ';be removed by the Chief of Police without charges being preferred and without trial, hearing or opportunity to be heard, with the consent of the Board. of Commissioners, whenever in their opinion, ,the good of the service will be subserved thereby. The Chief of Police shall upon the removal of any man in the classified ser ,vice communicate to the Civil Service Commission his reasons for! making. such removal. If the Civil. Service Commission shall be- lievo that the reason assigned by the Chief of Police for such re- moval is inadequate or that such removal is in violation of the spirit of the Civil Service ordinance or regulation, the removed ;person may be given an opportunity to be heard before such con- mission.. The Civil Service Commission may make arch investigation gas it sees fit in case of removals, and rake full report of its findings to the Board of Commissioners before final action is taen by the Board of Commissioners upon the reconunendation of the Chief of Police. The Board of Commissioners may refuse to sustain the; action of the Chief of Police in maian>; such removal whenever it is of the opinion that the good of the service will not be sub- served by such removal or that such removal is in violation o_ the Civil Service regulations. Section 592x15. All present members of the Police it { -6- Department in order to avail themselves of the benefits of this ordinance, shall, within six months of the date the same becomes effective, submit themselves to the Civil Service Commission for examination, and shall be examined in the same manner and upon the same subjects as applicants for appointment; provided, how- ever, the Civil Service Commission may provide a different standard in the case of men who have devoted more than five years in the Salt Lake City Police Department and may give credit, for efficient service. Any officer who fails or refuses to submit to such examination, or who fails to obtain the passing grade provided by the Givil Service Commission, may be retained in the Police Department -without becoming subject to the provisions of this ordinance, and may be dismissed_ as heretofore provided by is k)rd.inance. li Section 952x16. The Chief of Police may employ any :person for merely temporary work in the Police Department with- out making such appointment from the certified list; but such employment shall not be for longer than two months, and under no', circumstances shall such temporary employe be appointed to a • ,permanent position in the department unless he shall have been ft duly certified by the Civil :service Commission as in other cases: Section 952x17. In case of charges being preferred in writing against any member of the Police Department by any citizen it shall to the duty of the Chief of Police immediately '1thereafte" to provide for a hearing at which hearing the person making charges shall have an opportunity to be heard, together 'jwith his witnesses and the person under accusation shall also ;:have ample opportunity. to present his side of the case, and either party may be represented by counsel. The Chief shall promptly thereafter make full report of his findings in writing to the ':Civil Service Commission, together with his recommendation, a • copy of which shall be filed with the Board of Commissioners. The -7-• Civil Service Commission may, if any party to the controversy requests it, review the matter and take such action as it deems best. Section 952x18. No person in the classified service or seeking admission thereto daall be appointed, promoted, sus pended, reduce(1 or removed, or in any way favored or discriminated against because of his political or religious opinions or affilia- is tions. No inquiry in any application, examination or investiga- tion shall relate to the religious or political affiliations of; any person.. is Section 952x19. No person in the classified service i shall be a member of, or delegate, or alternate to any political convention, nor shall he be present at any such convention except in. the performance of his official duty, nor serve as a member of 1 any committee, of any political party, or take any active part in political management or political campaign, nor shall he solicit, collect or receive any assessment, subscription or contribution intended for any political purpose whatever, nor shall he make 411y subscription or contribution to any political party or for any political purpose whatsoever. Section 952x20. Honorably discharged soldiers, sailors or marines who have served as such in the army, navy or marine corps of the United States or in the National Guard of this stole, and men with previous experience in the Police Department of i; Solt Lake'City or any other public peace service shall be given d j full credit for such service having due regard to the position for which the examination is had. Section 952x21. The Civil Service Commission shall provide for adequate instruction to be given the men employed in the Police Department Which shall better fit them for efficiePnt service. The subjects to be covered to include criminology, micro- analysis, public health, criminal law and procedure and evidence, -.8- ii MINI lil and each other subjects as may be deemed advisable by said corn- mission. The Civil Service Commission shall make such rules and regulations with regard to the course of instruction to be yiveli Ispolice officers as it may deem necessary and require obedience to the same. Section 952x22. Any man who shall have reached the age of sixty years or upward, and shall have been constantly in the service of Salt Lake City for five years next prior to such data of retirement, and shall have served altogether not less than twenty years in the -Police Department of Salt Lake City, may be retired by the Board. of Commissioners upon recommendation of the Civil Service Commission with a pension of 450.00 per month so long as he shall live, Any officer who shall have served five years contin- uously in the Salt Lake City Police Department immediately preced--- ing disability, and who shall have served altogether in such department for a period of fifteen years, and shall have become totally and permanently disabled for service through no fault of phis own, and is not entitled to compensation under the Woriunens`; Compensation Act, shall be retired by the Board of Commissioners, upon recommendation of the Civil Service Commission upon pension I, in the sum of 1150.00 per month. 'All officers who shall have been retired as provided in this section, shall be subject to serve in the Police Department ! in special emergencies upon request of the Chief of Police. No extra compensation shall be paid for such service unless such re- tired person shall be required to serve more than five days in any one month. In the event of service in excess of five days in any one month, such compensation shall be paid as may be fixed by the Board of Commissioners. Section 952x23. Officials of the Police Department -9_ il 1 whose offices are not within the classified service and who havo been appointed to their office while serving in the ranks of the Police Department which is within classified service shall at the j termination of their service in such office be returned to the 1 rank held by them within the classified service prior to such 11 appointment. Section 952x24. Any person violating any provisions1 of this ordinance shall upon conviction thereof be punished by a fine in any sum not exceeding 299.00 or by imprisonment in the city jail for a period not exceeding six months. The court may, in imposing a fine, enter as part of the judgment that in default of the payment of the fund the defendant may be imprisoned in the city jail for a period not exceeding six months. Sec on 3. This ordinance shall take effect on the i clay of , A. D., 19'L 0 ___ , 1) t ,,A 4 , Q.LI , Passed by the Board of Commissioners of Salt Lake City; Utah, t4 day of , A. D.,:,19 ,p F� " MAY 0 R. / ,F 1� City Recorder. 4; III, 11 iY y 11 1 -10- 00, , - I F,! tr