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SEC. 2. The President shall have power to convene said Board at such time and upon such reasonable notice as he
may deem fit; and the concurrence of three members shall be necessary to any decision or order of the Board. The Clerk shall have the custody of all the records and official documents of the Board.
OF THE POLICE FORCE.
SECTION 1. The Police Force of said city and county shall consist of:
First—The Chief of Police, who shall hold office for four years, subject to removal by the said Board, and an Assistant Chief of Police appointed at the pleasure of the said Board, who shall also be Chief Inspector, and who, in case of the illness, absence or other temporary disability of the Chief of Police, shall have the same powers and perform the duties of said Chief.
Second—Six Captains of Police, one of whom may be the Assistant Chief of Police.
Third-As many Policemen, not exceeding six hundred, as the Board of Police Commissioners may with the approval of the Supervisors expressed by ordinance determine to be necessary. The members of the Police Force in service at the time this Charter goes into effect shall constitute such Police Force. Said force shall not exceed six hundred until the National Census of 1900 has been taken, after which time, should the population of said city and county exceed three hundred and fifty thousand, and the public interests require, said Board shall have power, with the approval of the Supervisors, expressed by ordinance passed by the affirmative vote of not less than nine members, to increase said Force above the number of six hundred, at the rate of one policeman for every seven hundred of population above said three hundred and fifty thousand; and said Board may at any time with the approval of the Supervisors, expressed by ordinance, decrease said Force below six hundred. When any increase of said Force is authorized as above, said Board shall have the power of appointment as in other cases. In the event of any such increase or decrease of said Force, the number of Captains, Sergeants, Corporals and Inspectors may be increased or decreased in the same proportion.
In making appointments to said Force the Board shall not regard the political or partisan preference or affiliations of the candidates.
SEC. 3. Every appointee to said Force must be a citizen of the United States, of good character for honesty and sobriety, able to read and write the English language, and a resident of said city and county at least five years next preceding his appointment; every appointee to said Force hereafter appointed shall not be less than twenty-five or more than thirty-five years of age, and must possess the physical qualifications required for recruits for the United States Army, and, before his appointment, pass a satisfactory medical examination, under such rules and regulations as may be prescribed by said Board.
Sec. 4. The Chief of Police shall, from members of the Police Force, and for purposes of detective and special duty, appoint Inspectors of Police.
Any private detective or person who shall advertise or pretend to be an Inspector of Police without such appointment or authority, shall be guilty of a misdemeanor and punished therefor accordingly.
OF THE CHIEF OF POLICE.
SECTION 1. In the suppression of any riot, public tumult, disturbance of the public peace, or organized resistance against the laws or public authority, in the lawful exercise of his functions, the Chief of Police shall, for the time being, have all the powers that are now or may be conferred on Sheriffs by the laws of this State, and his lawful orders shall be promptly executed by all police officers and special patrolmen, if any there be, and every citizen shall when required lend him aid in the arrest and detention in custody of offenders, and the maintenance of public order. He shall keep a public office, at which, in case of his absence, a Captain of police, or police officer, by him designated for that purpose, shall be in attendance at all hours, day and night. In case of his absence from his office, it shall be made known to the police officer in attendance where he can be found. He shall designate one or more police officers to attend constantly on the Police Court, and to execute its orders and process.
He shall detail and remove at his pleasure policemen to act as his Clerk, and as Prison Keepers and as Property Clerk.
He shall supervise and direct the Police Force, and shall observe and cause to be observed the provisions of this Charter, and enforce within said city and county all laws of the State applicable thereto, and all ordinances and all rules and regulations prescribed by the said Board. He shall see that the orders and process issued by the Police Court are promptly executed, and shall exercise such other powers connected with his office as may be prescribed in the general rules and regulations of the Board. He shall acquaint himself with all statutes and laws in force in this State defining public offenses and nuisances, and regulating criminal proceedings, and shall keep in his office the statutes of this state, and of the United States, and all necessary works on criminal law. He shall give information and advice touching said laws gratuitously to all police officers and magistrates officially asking for it.
SEC. 2. In case of great public emergency or danger, he may, with the consent of said Board and the Supervisors, appoint during such emergency or danger and for a limited time only, an additional number of persons of approved character for honesty and sobriety, as policemen, who shall have the same powers for the time being as other policemen.
SEC. 3. He may from time to time disburse such sums for contingent expenses of said Department as in his judgment shall be for the best interest of the city and county, to be paid out of the contingent expenses allowed said Department; but the aggregate of all such sums shall not in any one fiscal year exceed the sum of ten thousand dollars, and all sums so disbursed shall be subject to the approval of said Board.
SEC. 4. He shall have full control and direction of all members of the Police Force in the lawful exercise of his functions, with full power to detail any of them to such public service as he may direct, and with like power to temporarily suspend any member or officer on said Force, but in all cases of such suspension he shall promptly report the same to the Board, with the reason therefor in writing.
Sec. 5. Every member of said Force shall provide
himself with the uniform prescribed by the regulations of the Board, which shall be worn on all occasions while on duty, with such exceptions as may be permitted by the Chief of Police in the performance of detective duty. The Chief of Police shall maintain and enforce rigid discipline, so as to secure the complete efficiency of said Force.
OF THE DUTIES OF POLICEMEN.
SECTION 1. Policemen, in subjection to the orders of their respective Captains, under the general direction of the Chief of Police, must be prompi and vigilant in the detection of crime, the arrest of public offenders, the suppression of all riots, frays, duels and disturbance of the public peace, the execution of process from the Police Court, in causing the abatement of public nuisances, and the enforcement of the laws and the ordinances of said city and county, and shall report in writing to the Chief of Police, daily, any infraction thereof.
SEC. 2. Each member of the Police Force, under the penalty of a fine of fifteen days' pay, or dismissal from the Force, at the discretion of the Board, shall, immediately upon making an arrest, convey in person the offender before the nearest sitting magistrate, that he may be dealt with according to law. If the arrest is made at a time when the magistrate is not holding Court, such offender may be detained in a station house until the next public sitting of the magistrate, and no longer, and shall then be conveyed without delay before a magistrate, to be dealt with according to law; and said Board shall make rules and regulations to prevent the undue detention of persons arrested.
SEC. 3. Every member of the Police Force shall take and subscribe the constitutional oath of office before entering upon the duties of his office.
SEC. 4. Every policeman shall, on the arrest of any notorious or dangerous offender, or any person charged with the commission of a grave crime, search the person of such offender, and take from him all property and weapons, and forthwith deliver the same to the Prison Keeper, who must deliver the same to the Property Clerk, to be by him kept until other disposition be made thereof according to law. All persons arrested
for drunkenness, and who are in an apparently stupefied or senseless condition, must be examined by the City Physician or the Assistant City Physician before being placed in a cell, and if upon such examination such person shall not be found intoxicated, or if otherwise necessary, he or she shall be conveyed to one of the receiving hospitals and placed under medical treatment.
Sec. 5. No member of the Police Department shall be eligible to any other office while connected with such Force, nor shall he take any part whatever in any convention held for the purposes of a .political party; nor shall he be a member of any political club. No nember of said Force shall interfere with politics on an election day, or at any other time while employed on said Force. No member of said Force, while on duty, shall enter any liquor saloon, bar-room or place where liquors are retailed, except in the discharge of his duties. Any violation of any of the provisions of this section shall be cause for removal from office.
SEC. 6. No member of the Police Force shall engage in any other profession or calling, become bail for any person charged with any offense whatever, recommend to persons charged with crime the employment of any particular attorney, receive any present or reward for services rendered, or to be rendered, unless with the approbation of a majority of the Board, expressed in writing; or be allowed pay for any period during which he has been absent from duty, unless such absence resulted from sickness, or from disability occasioned by injuries received in the discharge of his official duty.
Sec. 7. Any member of said Force, soliciting, collecting or receiving, or causing or permitting others to do so for his benefit, any money or other thing, for guarding or protecting, or on pretence of so doing, the person or property of any person, shall be dismissed from the service, except that special police officers shall be subject, as to compensation and reward, to the provisions of Subdivision 5, of Section 1, of Chapter II, of this Article.