CHAPTER VI.

OF SUSPENSIONS AND REMOVALS.

SECTION 1. Any member of the Police Force guilty of any legal offense, neglect of duty, violation of rules, or neglect or disobedience of orders, or inefficiency, or absence without leave, or conduct injurious to the public peace or welfare, or immoral conduct, or conduct unbecoming an officer, or breach of discipline, shall be liable to be punished by reprimand, forfeiting pay for a specified time, or dismissal from the Force; but no more than fifteen days' pay shall be forfeited for any one offense. All moneys so forfeited shall be for the benefit of the Police Relief and Pension Fund.

SEC. 2. Members of said Force shall be subject to removal or punishment for any of the reasons specified in the preceding section, only upon trial before the Board of Police Commissioners. Charges when presented by the Chief of Police, or a Captain, or a Sergeant of Police, or in a verified complaint by any person, setting forth the specific acts complained of, shall be received, considered and determined by said Board, giving to the accused such reasonable notice as it may prescribe, and an impartial hearing in his defense; and upon such hearing the accused shall have the right to be heard in person or by counsel. Upon such trial, said Board shall furnish the accused with all reasonable facilities for the conduct of his defense, and secure to him, free of charge, the attendance of all witnesses reasonably necessary for his defense.

CHAPTER VII.

OF LOST OR STOLEN PROPERTY.

SECTION 1. All property or money alleged or supposed to have been feloniously obtained, or which has been lost or abandoned, and which shall hereafter be taken into the custody of any member of the Police Force, or of any Criminal Court in said City and County or any Police Judge, shall be by such member, Court or Judge, given into the custody of the Property Clerk. All such property and money shall be registered by such Clerk in a book kept for that purpose, which shall also contain a record of the names of the persons from whom such

property or money was taken, the names of all claimants thereto, the time of the seizure, and the disposition thereof.

SEC. 2. When property or money shall be taken from any person arrested, and it be alleged that it was feloniously obtained, or is the proceeds of crime, and it is brought with the claimant thereof, and the person arrested before a Judge or Court for adjudication, and the Judge or Court shall be satisfied that the person arrested is innocent of the offense alleged, and that the property belongs to him, said Court or Judge may thereupon, in writing, order such property or money to be returned, and the Property Clerk to deliver such property or money to the accused, personally, but not to any attorney, agent or clerk of such person.

SEC. 3. If any claim to the ownership of such property or money shall be made on oath before such Judge or Court, by or on behalf of any person other than the person arrested, and the accused person shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the discharge or conviction of the person accused.

SEC. 4. All property or money taken on suspicion of having been feloniously obtained, or being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into the possession of any member of said Force, and all property and money taken from pawnbrokers as the proceeds of crime, or taken from persons supposed to be insane, intoxicated or otherwise incapable of taking care of themselves, shall be delivered as soon as practicable to the Property Clerk.

SEC. 5. All unclaimed property and money that has been in the custody of the Property Clerk for the period of one year, shall be sold at public auction, after having been three times advertised in the official newspaper; and the proceeds of such sale shall be paid into the Treasury to the credit of the Police Relief and Pension Fund. When it is necessary to use such property as evidence it shall not be sold or disposed of until the necessity for the use thereof as evidence has ceased, and thereupon it shall be disposed of as herein before provided. The proceeds of property taken from persons supposed to be insane, shall not become part of said

Fund until after the expiration of three years from the time when the same shall come into the Treasury. The Chief of Police and said Board, immediately after the seizure or finding of any property of any such supposed insane person, must endeavor to find the guardian or other person entitled to the possession of such property, or the proceeds thereof, and deliver the same to him; but if such person cannot be found, and the proceeds of said property remain unclaimed for said period of three years, then the same shall become part of said Fund.

SEC. 6. If any property or money in the custody of the Property Clerk be required as evidence in any Court, it shall be delivered to any officer who shall present an order, in writing, to that effect, from such Court. Such property or money, shall not be retained in such Court, but be returned to said Property Clerk.

SEC. 7. All property and money in the custody of the Property Clerk shall be deposited by him for safe keeping with the Treasurer of the said city and county in such manner and subject to such rules and regulations as may be prescribed by the said Board.

CHAPTER VIII.

OF THE POLICE RELIEF AND PENSON FUND.

SECTION 1. The Board of Police Commissioners of the City and County of San Francisco, and their successors in office, shall constitute a Board of Trustees of the Fund herein provided for and known as the Police Relief or Pension Fund of the Police Department; they shall provide for the disbursement of the same and designate the beneficiaries thereof, as hereinafter directed, which Board shall be known as the "Board of Police Pension Fund Commissioners."

SEC. 2. They shall organize as such Board by choosing one of their number as Chairman, and by appointing a Secretary. The Treasurer of the City and County shall be ex officio Treasurer of said fund. Such Board of Trustees shall have charge of and administer said fund, and order payments therefrom in pursuance of the provisions of this Act. They shall report annually in the month of June, to the Board of Supervisors of said City and County, the condition of the said Police Relief and Pension Fund, and the receipts

and disbursements on accoun) of the same, with a full and complete list of the beneficiaries of said fund and the amounts paid them.

SEC. 3. Whenever any person at the taking effect of this Charter or thereafter shall have been duly appointed and sworn, and have served for the period of twenty years or more as a member in any capacity or any rank whatever of the regularly constituted police department of said city and county, said Board shall be empowered to order and direct that such person shall, after becombecoming sixty years of age and his service in such Police Department shall have ceased, be paid from such fund a yearly pension equal to one-half the amount of salary attached to the rank which he may have held in said Police Department for one year next preceding the expiration of said term of twenty years, but such pension shall at once cease and determine upon the death of the person receiving the same.

SEC. 4. Whenever any person while serving as policeman in said city and county, shall become physically disabled by reason of bodily injury received in the performance of his duty as such policeman, said Board may upon his written request, or without such request if it deem for the good of said Police Force, retire such person from said department, and order and direct that he shall be paid from said fund a yearly pension equal to one-half the amount of the salary attached to the rank which he may have held on such Police Force preceding such retirement, but after the death of such pensioner, his heirs or assigns are to receive no compensation whatever.

SEC. 5. No person shall be retired, as provided in the next preceding section, or receive any benefit from said fund, unless there shall be filed with said Board, certificates of such disability, which certificates shall be subscribed and sworn by said person and by the City and County Physician and two regularly licensed physicians of said city and county, and said Board may require other evidence of such dsiability before ordering such retirement and payment as aforesaid.

SEC. 6. Whenever any member of the Police Department of said city and county shall lose his life while in the performance of his duty, leaving a widow or child or children under the age of sixteen years, then upon

satisfactory proofs of such facts made to it, such Board shall order and direct that a yearly pension equal to onethird the amount of the salary attached to the rank which such member held in said Police Department at the time of his death, shall be paid to such widow during her life, or if no widow, then the child or children, until they shall be sixteen years of age; provided, if such widow, or child or children, shall marry, then such person so marrying shall thereafter receive no further pension from such fund.

SEC. 7. Whenever any member of the Police Department of said city and county shall, after ten years' service, die from natural causes, then his widow or children, or if there be no widow or children, then his mother, if dependent upon him for support, shall be entitled to a sum equal to the amount retained by the Treasurer of said city and county from the pay of such deceased member and paid into the said Police Relief and Pension Fund.

SEC. 8. All members of the Police Force who may be retired under the provisions of this Charter shall report to the Chief of Police of said city and county on the first Mondays of April, July, October and January of each year.

SEC. 9. When any person who shall have received any benefit from said fund shall be convicted of any felony he shall forfeit all his right, claim and interest to any of the benefits allowed by this fund.

SEC. 10. The Board herein provided for shall hold quarterly meetings on the first Mondays of April, July, October and January of each year, and upon the call of its President; it shall biennially select from its members. a President; it shall issue warrants signed by its President and Secretary, to the persons entitled thereto of the amount of money ordered paid to such persons from such fund by said Board, which warrant shall state for what purpose such payment is to be made; it shall keep a record of all its proceedings, which record shall be a public record; it shall at each quarterly meeting send to the Treasurer of said city and county and to the Auditor of said city and county a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such payments and for what granted, which list shall be certified and signed by