« PreviousContinue »
vide for increasing the Law Library of the corporation known as the San Francisco Law Library, and to secure the use of the same to the Courts held at San Francisco, the Bar, the city and county government and the people of the City and County of San Francisco.” Approved March 9th, 1870. The Supervisors are further authorized to appropriate, allow, and order paid out of the proper fund such sums as may be necessary for the purposes aforesaid; and all sums lawfully appropriated and expended pursuant hereto shall be paid out of the proper fund on demands duly audited, in the mode prescribed by this Charter for auditing other demands upon the Treasury. The Supervisors must also, monthly, appropriate and pay to the Trustees of the San Francisco Law Library such moneys as shall from time to time be collected by the County Clerk and paid into the Treasury for the benefit of said Law Library.
OF THE POLICE COMMISSIONERS.
SECTION 1. The Police Department shall be under the management of a Board of Police Commissioners, consisting of four Commissioners who shall be appointed by the Mayor and shall hold office for four years.
In making such appointments the Mayor shall not appoint more than two from the same political party. In filling any vacancy that may occur, the Mayor shall not make any appointment the result of which would cause more than two of said Commissioners to be of the same political party, and said Board shall be always so composed that there shall never be at any one time more than two Commissioners from the same political party. Those first appointed shall, immediately after their appointment, so classify themselves by lot, that they shall, respectively, go out of office at the expiration of one, two, three and four years after their appointment.
SEC. 2. Every Police Commissioner shall, after he enters on the duties of his office, continuously reside in said city and county; and any Commissioner who shall
absent himself therefrom for the continuous period of sixty days, shall cease to be a Police Commissioner.
SEC. 3. No Police Commissioner shall be eligible to any other public office during his incumbency of office or for one year thereafter. No Commissioner shall, during his term of office, be a member of, or take part in, any political convention the purpose of which is to nominate candidates for office, or act as judge, inspector, clerk, or officer of any election or primary election, or take part in any election except to deposit his vote; nor shall any member of said Board, directly or indirectly, influence or attempt to influence or control the action of any member or employee of said Department in any primary, special or general election; nor shall any member of said Board receive or collect, or suffer to be received or collected, from any member of the said Department, any assessment or contribution for political purposes. A violation of any of the provisions of this section shall be cause for the immediate removal from office of the person guilty of such violation.
SEC. 4. The Police Commissioners shall meet in said city and county within ten days after their appointment and organize as a Board of Police Commissioners, and elect one of their number President, who shall hold his office for one year. The Clerk of the Chief of Police shall act as the Clerk of said Board. The sessions of said Board shall be public, except that executive sessions may be held in special cases by unanimous vote. Said Board shall meet at least once a week, in the office of the Chief of Police, or in such other place as the Supervisors shall designate, or in case of emergency, at such place as said Board may select. Every member of said Board, the Chief of Police, and the Clerk of said Board, shall have power to administer oaths in all matters pertinent to the business of their respective offices, or pending before said Board. The Board shall keep a record of its proceedings. The President, or one of the other Commissioners, shall daily visit the office of the Board.
OF THE POWERS OF THE BOARD.
SECTION 1. The Police Force shall be appointed by said Board, and said Board shall have power:
1. To suspend or remove any member of said Force in the manner hereinafter provided.
2. To prescribe rules and regulations for the organization, government and discipline of said Police Force, and from time to time alter or repeal the same, and prescribe penalties for the violation of any of them.
3. To hear and summarily determine all complaints of misconduct, or inefficiency, or other charge against any member of the police force, and to take such action thereon as shall be conducive to the maintenance of the discipline and efficiency of the same.
4. To grant permits to all persons desiring to engage in the retail liquor business, upon the recommendation of the owners of a majority of the frontage of the property situated upon the same street with the proposed place of such business, and between the next adjacent cross streets, and to revoke any such permit when it shall appear to said Board that the business of the person to whom such permit was given is conducted in a disorderly or improper manner; if said Board refuse to grant such permit, or propose to revoke any permit that has been granted, the person who is refused such permit, or whose permit it proposes to revoke, shall be entitled to be heard before said Board, in person or through counsel, and to have, free of charge, all reasonable facil. ities for the hearing on his right to have or retain such permit. It shall not be lawful for any person to carry on the retail liquor business in said city and county without the permit hereby authorized. Such permits must be granted for not more than one year and they shall distinctly state the name of the person to whom the same is given, and a description of the premises where such business is to be carried on, and the same must be posted in a conspicuous place upon said premises. Complaints to revoke permits granted by said Board must be in writing, signed by the person making the same, and filed with the Clerk of said Board; and a copy thereof, certified by the Clerk, must be served on the party complained against at least ten days before the time for expiration of such permit, and the person holding such permit shall, before said expiration, have a hearing in opposition to such complaint.
5. At its discretion, upon the petition of any person, firm or corporation, to appoint, and at pleasure to re
move, a special officer to do special service, to be paid for by such person, firm or corporation, specifying the boundary or locality at or within which he is to act as such special officer, which boundary or locality, together with the names of the persons, firms and corporations petitioning for such appointment, shall be described in his warrant of appointment. All special officers shall report to the Chief of Police when required by him, and be subject to his orders in case of emergency, and in no event shall such officers be paid by the city and county, or any other persons than those who shall have signed said petition, and no such special officer shall become, or obtain, bail for any person charged with any offense whatever, or recommend to any person charged with crime the employment of any particular attorney; and any such special officer who shall solicit, collect, or receive, or cause or permit others so to do for his benefit, any money or other thing, for guarding or protecting, or on pretense of so doing, the person or property of any person other than of those petitioning for his appointment as such special officer, or shall violate any of the foregoing provisions, shall be dismissed from the service.
6. To prescribe the badge of office and uniform to be worn by all members of the police force, and the badge of office to be worn by all special officers.
7. To allow and order paid out of the Police Fund, as contingent expenses of the Police Department, upon orders signed by the Chief of Police, such amount as shall be allowed by the Supervisors for that purpose but the aggregate of such orders shall not exceed the sum of ten thousand dollars a year.
8. To appoint substitute police officers, not to exceed numerically five per centum of the police force, to serve under such regulations, and subject to such restrictions, as may be prescribed by said Board, and without pay from said city and county.
9. To issue subpenas, tested in the name of its President, for the attendance of witnesses and production of papers upon any proceeding authorized by the rules and regulations of said Board, or by any of the provisions of this Charter, or law of the State.
10. To determine within what districts the police force shall be distributed and employed; to establish and maintain, and at its discretion abolish stations and station houses, sub-stations and sub-station houses, for the accommodation of members of the police force, and as places of temporary detention for persons arrested.
11. Upon any emergency calling therefor, to appoint as many special patrolmen, without pay, from among citizens, as it may deem desirable. During the service of any such special patrolman, he shall possess all the powers and privileges, and perform all the duties prescribed by said Board; and every such patrolman shall wear a badge, to be prescribed and furnished by the Board.
12. To issue to every member of the police force a warrant of appointment, signed by the President and countersigned by the Clerk, which warrant shall contain the date of his appointment and his rank.
13. To report annually, on or before the first day of May, to the Supervisors an estimate of the amount of money that will be required to pay all salaries, expenses and contingent expenses of the Police Department for the ensuing fiscal year, specifying in detail the items for which the same will be required, except for those known as contingent expenses.
14. To provide for the care, restitution, or sale at public auction, of all property that may come into possession of the Property Clerk; to direct the destruction of such of said property as shall consist of lottery tickets, obscene literature, or implements, weapons and property used in the commission of crime.
15. To provide for the care, management, investment and disposition of the Police Relief and Pension Fund, and to order paid out of the same the sums hereinafter provided.
16. From the regular police force to provide for a mounted police, and make all rules and regulations necessary for the government thereof.
17. To provide for a system of patrol wagons, and also a signal system, and for such other new and useful systems as will increase the efficiency of said force.
18. To make all proper rules and regulations for carrying into execution the foregoing powers, and all other powers vested in said Department by this Charter, or by any ordinance passed pursuant thereto, or by the Constitution or laws of the State.