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1 ORDINANCE NO.0\3 7/}
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2 AN ORDINANCE CREATING A BOARD OF POLICE COMMISSIONERS
FOR THE CITY OF SAN BERNARDINO AND ESTABLISHING ITS DUTIES AND
3 FUNCTIONS.
4 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO DO ORDAIN AS FOLLOWS:
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SECTION ONE: CREATION. There is hereby created and
established a bbard of police commissioners of the City of San
Bernardino, which shall be known as the Police Commission.
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SECTION TWO: DEFINITIONS. For the purpose of this
Ordinance, the term "members" or "Board" shall mean the Police
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Commission and members thereof; "Council", unless otherwise
stated, shall mean the Mayor and Common Council; "Chief"
shall mean Chief of Police of the Police Department of the City
of San Bernardino; and "Rules" shall refer to the Rules and
Regulations of the Police Commission.
SECTION THREE: MEMBERS. The Board shall consist of
five (5) members. At the first meeting of the Board, they shall
choose from their members a chairman, a vice chairman, and a
secretary. The members shall be local electors; two shall be
members of the State Bar of Calif~rnia and one shall have
substantial experience in police administration or law enforce-
ment. Members shall be appointed by the Mayor with approval
of the Common Council; two shall be appointed for two-year
terms and three for four-year terms ending on the second Monday
of May 1963 and 1965 respectively, but they shall serve until
their respective successors are appointed and have qualified.
All successors shall be appointed to four year terms or to
cemplete unexpired terms. Any member of the Board may be
d'.sulissed at any time by the Council.
SEtnION FOUR: POWERS. The Board shall have power:
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(a) T,* p~crille 'such rules and regulations as
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it may 4aeq.n..cessary or expedient for the adminis-
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tration of its' "'dltfeSl" subject to approval by
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the Council, and shall adopt as a part of such
rules and regulations the present Rules and
Regulations of the Police Department, which may be
amended from time to time;
(b) To investigate and to examine or inquire
into the affairs or operation of any division or
department of the Police Department and to make
such recommendations to the Chief as may seem
desirable.
(c) To keep informed as to the latest practices
in the field of law enforcement and to recommend
to the Chief such new practices as appear to be
of benefit to the Police Department and to the
public;
(d) To assist the Chief upon his request in the matter
pertaining to appointments and promotions in the Police
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Department;
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(e) To hear and summarily determine all complaints
of misconduct, inefficiency, or violation of Rules
or other charges against any officer, member, or
employee of the Police Department, except the Chief
thereof, and to recommend in writing to the Chief and
the Civil Service Board such action thereon as shall
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be most conducive to the maintenance of discipline
and efficiency of such departments, subject to the
Civil Service provisions of the Charter, and to file
written verified charges against any officer, member,
or employee of the Police Department subject to the
Rules and Regulations of the Civil Service Board and
to recommend to the Chief that any officer, member,
or employee be suspended, discharged, or reduced in
rank or compensation. In all investigations, or hearings
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conducted by them, they shall have the power to issue
subpoenas for the attendance of witnesses, and the pro-
duction of papers and documents before them, which
subpoenas shall be signed by the Chairman or Vice Chairman
of the Board and served as required by law in the case
of other subpoenas; and on failure, or refusal, to
attend as required by such subpoenas, the person or
persons, so offending shall be subject to the same
penalties and punishment as are prescribed by law for
like offenses. The Chairman of the Board or presiding
officer or any member of the Board may administer oaths
or affirmations, in the conduct of such investigations.
Said hearings on any charges against a member, officer,
or employee of the Police Department shall be conducted
in a fair and impartial manner and no evidence shall
be considered unless presented at such hearing, and
no determination shall be based upon hearsay evidence
alone; and
(f) To appear before and address the Council at any
meeting.
SECTION FIVE: REMUNERATION. Members shall serve
without pay; however, necessary expenses in the conduct of their
duties shall be a charge upon the general fund, subject to
approval by the Council.
SECTION SIX: MEETINGS. The Board shall meet at such
times and places as provided in its Rules.
SECTION SEVEN: NOTICE. Where notice is required,
service shall be deemed complete after personal service or upon
the day following the date of mailing in the United States mails
to the last known address or that address shown on the employee's
records. No notice need be given where the employee or other
person affected was present at the time of Board action.
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SECTION EIGHT: COUNCIL RETAINS POWER. The Council
2 retains the power to set aside or modify any action taken by
3 the Board or any order of the Board, and may in its discretion
4 supersede it in any of its functions or powers.
5 SECTION NINE: OATH. Each member appointed to the
6 Board shall be required to take an oath of office before entering
7 upon the discharge of his duties, which oath shall be subscribed
8 by the person taking it and shall be filed and preserved in the
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9 office of the City Clerk. Such oath shall'be as follows:
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State of C~lifornia
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County of San Bernardino
City of San Bernardino
I,
, do solemnly swear that I
will support the Constitution of the United States, the
Constitution of the State of California, and the Charter,
ordinances and rules and regulations of the City of San
Bernardino, and that I am not a member of, nor will I lend my
~upport to, any organization advocating the violent overthrow
of the United States and that I will, to the best of my apility,
faithfully perform the duties of the office of member of the
Police Commission during my term, so help me God.
Subscribed and sworn to before me this
day of
, 19
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City Clerk
I HEREBY CERTIFY that the foregoing ordinance was
adopted by the Mayor and Common Council of the City of San
Bernardino, at a A~~~k/' meeting held on the
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t'-3/<.vL day of ~dL__ , 1961, by the following vote,
to wit, AYES'~!:"'/'.:d~~./<;~.
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NOEsa..l~+SENT: )ZH-L~
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If ~ty ci;rk~"
~fOregOing Ordinance i. bereby .pproved tbi. ~~
d.y of >/~Ir- ~~.. flj JiL . ~L..
L-/~for of the 'e~{~B~r;a~ino