§ 46-55. Suspensions and removals.

(a)

The board of police commissioners may suspend a chief upon its own initiative or pending investigation of written charges made by an elector of the village and filed with the president of the board. The board of police commissioners shall not remove a chief except upon such written charges.

(b)

A subordinate may be suspended as provided in this section as a penalty. He may also be suspended by the commission pending the disposition of the charges filed against him. Charges may be filed against a subordinate by the chief, by a member of the board of police commissioners, by the board of police commissioners as a body, or by a resident of the village. Such charges shall be in writing, and shall be filed with the president of the board of police commissioners. Pending disposition of such charges, the board of police commissioners or chief may suspend such subordinate.

(c)

A subordinate may be suspended for cause by the chief or the board of police commissioners as a penalty. The chief shall file a report of such suspension with the board of police commissioners immediately upon issuing the suspension. No hearing on such suspension shall be held unless requested by the suspended subordinate. If the subordinate suspended by the chief requests a hearing before the board of police commissioners, the chief shall be required to file charges with the board of police commissioners upon which such suspension was based.

(d)

Following the filing of charges in any case, a copy thereof shall be served upon the person charged. The board of police commissioners shall set a date for the hearing, not less than ten days, nor more than 30 days, following service of charges. The hearing on the charges shall be public, and both the accused and complainant may be represented by an attorney, and may compel the attendance of witnesses by subpoena which shall be issued by the president of the board of police commissioners on request, and served as subpoenas under W.S.A., ch. 885.

(e)

If the board determines that the charges are not sustained, the accused, if he has been suspended, shall be immediately reinstated, and all lost pay shall be restored to him. If the board of police commissioners determines the charges are sustained, the accused, by the order of the board of police commissioners, may be suspended, reduced in rank, or suspended and reduced in rank, or removed, as the good of the service may require.

(f)

Findings and determinations under this section and orders of suspension, reduction, suspension and reduction, or removal shall be in writing, and if they follow a hearing, shall be filed within three days thereof with the secretary of the board of police commissioners.

(g)

Further rules for the administration of this section may be made by the board of police commissioners.

(h)

No person shall be deprived of compensation while suspended pending disposition of charges.

(i)

Any person suspended, reduced, suspended and reduced, or removed by the board of police commissioners may appeal from the order of the board of police commissioners to the circuit court by serving written notice thereof on the secretary of the board of police commissioners within ten days after the order is filed. Within five days thereafter, the board of police commissioners shall certify to the clerk of the circuit court the record of the proceedings, including all documents, testimony and minutes. The action shall then be at issue and shall have precedence over any other cause of a different nature pending in the court, which shall always be open to the trial thereof. The court shall, upon application of the accused or of the board of police commissioners, fix a date of trial, which shall not be later than 15 days after such application, except by agreement. The trial shall be by the court and upon the return of the board of police commissioners, except that the court may require further return or the taking and return of further evidence by the board of police commissioners. The question to be determined by the court shall be: Upon the evidence, was the order of the board of police commissioners reasonable? No costs shall be allowed either party, and the clerk's fees shall be paid by the village. If the order of the board of police commissioners is reversed, the accused shall be forthwith reinstated and entitled to his pay as though in continuous service. If the order of the board of police commissioners is sustained, it shall be final and conclusive.

(Code 1966, § 2.13(5))