§ 137. Discipline. If a charge may be made by any person against any
officer or member of the police or fire departments that he has been
negligent or derelict in the performance of his official duties, or is
incompetent or without capacity to perform the same or is guilty of some
delinquency seriously affecting his general character or fitness for the
office, the charge must be in writing, in the form prescribed by the
rules and regulations of the commissioner of public safety, and a copy
thereof must be served upon the accused officer or member. The
commissioner shall then proceed to hear, try and determine the charge.
The accused shall have the right to be present at his trial and to be
heard in person and by counsel and to give and furnish evidence in his
defense. All trials shall be open to the public. The commissioner has
power to issue subpoenas, in his name, to compel the attendance of
witnesses, and shall upon the oral application of the accused issue a
subpoena on the behalf of the accused, leaving the space for the names
of his witnesses blank that he may fill in their names, upon any
proceeding authorized by the rules and regulations of the department,
and any person served with a subpoena is bound to attend in obedience to
the command thereof; and the commissioner shall compel the attendance of
witnesses and compel them to testify in the same manner as in the case
of any officer or board authorized by law to issue subpoenas and take
testimony. If the accused shall be found guilty of the charge made
against him, the commissioner may punish him by reprimand, by forfeiting
and withholding pay for a period not to exceed thirty days, by
suspension without pay during a period not to exceed thirty days, or by
dismissal from office. At any time within one year after the date of
dismissal, any officer or member dismissed may make application to the
commissioner for reinstatement. Such application must be in writing and
contain a release of the city from all claims for back compensation. The
commissioner may, in his discretion, rehear and redetermine the charges
and reinstate such officer or member, with or without an allowance of
the whole or a part of the time since such dismissal to be applied on
his time of service in the department, or may affirm such dismissal. At
any time within one year after this chapter takes effect or within one
year after the date of resignation, an officer or member who has
resigned may make application to the commissioner for reinstatement and
the commissioner may, in his discretion, reinstate him, but the time
between the date of resignation and reinstatement shall not apply on his
time of service in the department.