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HomeMy WebLinkAboutORD 32-AAN ORDINANCE Entitled an Ordinance amending article 23, Chapter 8, of the Revised Code of Ordinances, as codified by 1,dassrs-McDowell and Davidson, and adopted by the City Council on the 7th day of Feb. A.D.1911, and declaring an emergency. BE IT ORDAINED BY THE CITY C OU�`1IC IL OF' THE' C T TY OF RF.ATU,,1ONT : - Section 1 That Article 23, Chapter 8 of the Revised Code of Ordinances as codified by Iiessr.s.McDowell and Davidson, and adopted by the City Council Fab -7th, 1911, be amended so that said article shall hereafter read. as follows: Article 23 Chief of Police Shall be Responsible For Conduct of Force. --- The Chief of Policq shall be responsible for the general Oder and discipline of his force. He shall see that the patrolmen are assigned to their respective beats, and that they patrol their beats Properly, conform to the Police rules and regulations, and carry out such instructions as are given them by the Chief of Police. He shall not place any patrolman on duty unless he is cleanly attired and carefully uniformed, and shall ;sake charges against any patrolman who shall neglect of fail to discover homicide, burgalry or serious breach of the peace, or violation of the city ordiliances committed on his beat during his hours of duty or who shall neglect to take proper measures to arrest any party guilty of sucl-I offenses. He shall see that every member of the police force goes on duty clean and neat Entitled an Ordinance amending Article 23, Chapter 8, of the Revised Code of Ordinances, as codified by I,4essrs-111cDowell and Davidson, and adopted by the • City Council on the 7th day of Feb. A.D.1911, and declaring an emergency. 3E IT ORDAINED BY THE CITY C OI]'TC IL OF THE C r TY OF BEAUMONT : - Section 1 That Article 23, Chapter 8 of the Revised Code of .Ordinances as codified by Idessr"s-McDowell and Davidson, and adopted by the Ci-ty Council Feb -7th, 1911, be amended so that said article shall 'hereafter read as follows: Article 23 Chief of Police Shall be Resiionsible For Conduct of Force. --- The Chief of Police shall be responsible fox the general owdex and discipline of his force. He shall see that the patrolmen are assigned to their respective beats, and that they patrol their beats properly, conform to the police rules and regulations, and carry out such instructions as are given them by the Chief of Police. He shall not place any patrolman on duty unless he is cleanly attired and caxefully uniformed, and shall i-.qake charges against any patrolman who shall neglect of fail to discover homicide, burgalxy or serious breach of the peace, or violation of the city ordi-nances committed on his beat during his hours of duty or who shall neglect to take proper measures to arrest any party guilty of such offenses. He shall see that ovary member of the 'police force goes on duty olea.n and neat in his person, and ::orrectly dressed and that they also do whatever police work the Chief of Police shall detail them to do. It shall be the Duty of the Chief of Police to see that .he peace officers perform their duty,and that tli 'city Ordinances are strictly enforced, and in ► 1 the event any policeman refuses to suppress any ilolation of law ',after-, his attention has been called to same by the Chief of Police, the latter shall immediately suspend such policeman or finally discharge him subject to the approval of the City Council at their following meeting. In the event the Chief of Police suspends or discharges finally, any policeman, he shall report in waiting such suspension or discharge to the City Council at its neat meeting and the cause therefor. Section 2. All ordinances or parts of ordinances iri conflict herewith are hereby specifically repealed. Section 3. The fact that it is necessary fox the Chief of Police to have the right and mower to control the members of the police department, and to suspend or..' discharge them whenever he deems such suspension or discharge necessary, creates a public emergency and imperative public necessity that the rule regiliring Ordinances to be read at three regular meetings be suspended. Such rule istherefore hereby suspended and this ordinance shall he placed on its third and final reading and shall take effect and fo into force and effect from and after its passage and lawful publication. Passed this .the 7th day of July, A.D.1914. the event any policeman refuses to supprass any violation of law ' after_ his attention has been called to same by the Chief of Police, the latter shall immediately suspend such policeman or finally discharge him subject to the apj�rova.l of_ !-he City Cou lcil at their following meeting. In the event the Chief of Police suspends or discharges finally, any policeman, he shall report in waiting such suspension or discharge to the City Council at its next meeting and the cause therefor. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby specifically repealed. Section 3. The fact that it is necessary for the Chief of volice to have the right and powea. to control the members of the police department, and to suspend or discharge them whenever he deems such suspension or discharge necessary, creates a public emergency and, imperative public necessity that the rule requiring Ordinances to be read at three regular meetings be suspended. Such rule istherefore hereby suspended and this ordinance shall he placed on its third and final reading and shall take effect and fo into force and effect fxom and after its passage and lawful publication. Passed this the 7th day of July, A.D.1914. Approved this the 7th day of July, A.D.1914. it. ,por. . Attest ii �,tJ 1C. Gity Secr©ta Beaumont, Texas, J-dly 7th, 19140 Hon..Mayor & Ci l.y Council, C I T Y. Gentlemen:- ffe , your ordinance committee, to whom was referred. the attac=hed Ordinance con- ferring on the Chief of Police the right to suspend or discharge policemen, subject to confirmation by the City Couiicij, beg to report that we have carefully considered same, and recommend that same be passed under the suspension of the rules. YC Ordinance Committee I 1 BEAVMO Cxl AV LEGAL DEPARTMENT E.F. FERGUSON BEAUMONT,TEXAS CITY ATTORNEY h Hon•E.A.Fletcher, ADZ a y o r , C i t Y. Dear Sir: - 071 �L_- July 7th, 1914° A short time ago you spoke to me about the question of the --)ower of the chief of police to sus- pend or discharge policemen.. Section 16 of the Charter, page 24, after naming the duties Elnd powers 'of the Chief of Police prescribes, "that the Council shall have the right to confer other duties and powers on the claret'." This%.is practically the only provision that affects the right of the chief of police to suspend or discharge. There being no prohibition of his right to suspend or discharge under the Charter, and nothing being in the Charter giving the right to any one else, I am of the opinion that under the provision guoted,that the chief of police shall perform such other duties and shall be vested with such other powers, rights and authorities as the City Council may by ordinance confer, not inconsistent; with the Constitution and laws oma' this State," that the City Council can confer on the Chief the right to suspend It A 7—`7�1 ilta _� OF B EAUM LEGAL DEPARTMENT E.F. FERGUSON BEAUMONT,TEXAS CITY ATTORNEY or discharge the policemen subject to ratification by the Council. At the present time the Ordinances provide in article 9, that the Mayor may suspend or finally discharge a policeman subject to the ap-roval of -the City Council at their following meeting,and in article 26, "That aLy policemau of the City of Beaumont now or here- after appointed may be discharged by the T,tayor upon the Ildayor filing with the City Council in writing his reasons therefor." There !,Ring nothing in the Charter, Constitution or laws of this State forbidding the Chief of Police to suspend or discharge a; policeman, and the express authority being given the Council to"Confer such additional duties upon the Chief of Police as they see fit, not inconsistent with the constitution, State Laws or the Charter; I am of the opinion that this duty and Tight may be conferred upon him,and hand you herewith attached, an Ordinance amending article 23, and article 26 of the City Charter. Yours very truly, City attorney.