§ 84-12. Disciplinary procedure.
Latest version.
-
A.Except as otherwise provided by law, no permanent member or officer of the Police Department or force shall be removed from his office, employment or position for political reasons or for any cause other than incapacity, misconduct, or disobedience of rules and regulations established for the government of the Police Department, nor shall such member or officer be suspended, removed, fined or reduced in rank from or in office, employment or position therein except for just cause as hereinbefore provided and then only upon a written complaint setting forth the charge or charges against such member or officer. Said complaint shall be filed in the office of the Municipal Clerk and a copy shall be served upon the member or officer so charged, with notice of a designated hearing thereon by the proper authorities, which hearing shall be not less than 10 nor more than 30 days from the date of service of the complaint unless the parties shall agree to an extension of time for such hearing.B.A complaint charging a violation of the internal rules and regulations established for the Police Department shall be filed no later than the 45th day after the date upon which the person filing the complaint obtained sufficient information to file the matter upon which the complaint is based. The forty-five-day time limit shall not apply if an investigation of a law enforcement officer for a violation of the rules and regulations of the Police Department is included directly or indirectly within a concurrent investigation of that officer for a violation of the criminal laws of this state. The forty-five-day limit shall begin on the day following the disposition of the criminal investigation. The forty-five-day requirement of this subsection for the filing of a complaint against an officer shall not apply to a filing of a complaint by a private individual.C.The hearing shall be conducted before the municipal governing body or before a committee of the governing body designated by the governing body to conduct such hearing or before a hearing officer duly appointed to conduct such disciplinary hearing by the municipal governing body.