HB2888 H GO AM 3-21
The Committee on Government Organization moves to amend the
bill on page 1, line 17, after the enacting section, by striking
out the remainder of the bill and inserting in lieu thereof the
"ARTICLE 14. LAW AND ORDER; POLICE FORCE OR DEPARTMENTS; POWERS,
AUTHORITY AND DUTIES OF LAW-ENFORCEMENT OFFICIALS AND
POLICEMEN; POLICE MATRONS; SPECIAL SCHOOL ZONE AND PARKING LOT
OR PARKING BUILDING POLICE OFFICERS; CIVIL SERVICE FOR CERTAIN
§8-14-7. Policemen's civil service commission generally.
(a) In every Class I and Class II city having a paid police
department, there shall be a "Policemen's Civil Service
(b) The commission shall consist of three commissioners, as
of whom shall be appointed by the mayor of the city;
of whom shall be appointed by the local fraternal
order of police; and
the third One shall be appointed by the local chamber of
commerce, or if there be is none, by a local businessmen's business
individuals appointed commissioners shall be qualified
voters of the city for which they are appointed. and
(1) At least two of
said the commissioners shall be
individuals in full sympathy with the purposes of the civil service
provisions of this article.
(2) Not more than two of the
said commissioners, at any one
time, shall may be adherents of registered to vote as members of
the same political party.
Of the three original appointments in each city, the first
commissioner shall be appointed by the mayor and shall serve for
six years from the date of his appointment; the second commissioner
shall be appointed by the local fraternal order of police and shall
serve for four years from the date of his appointment; and the
third commissioner shall be appointed by the local chamber of
commerce or local businessmen's association and shall serve for two
years from the date of his appointment. In the event there is no
local chamber of commerce or local businessmen's business
association at the time any appointment is to be made by it, such
the appointment shall be made by the other two commissioners by
After the original appointments, all appointments shall be
made for periods of four years each by the appointing authority
hereinbefore designated. Members shall serve terms of four years,
staggered in accordance with prior enactments of this section.
In the event that If any commissioner of said the
civil service commission shall cease ceases to be a member thereof
of the commission by virtue of death, final removal or other cause,
a new commissioner shall be appointed to fill the unexpired term of
said the commissioner within ten days after said the excommissioner
shall have has ceased to be a member of said the commission.
Such The appointment shall be made by the officer or body
who in the first instance appointed the commissioner who is no
longer a member of the commission, except that in the case of a
vacancy in an appointment made by the Governor, which vacancy
occurs after the effective date of this article, the appointment
for the unexpired term shall be made by the mayor.
(g) Each year the three members of the commission shall,
together, elect one of their number to act as president of the
shall serve serves as president for one year.
(h) The mayor may, at any time, remove any commissioner or
commissioners for good cause, which shall be stated in writing and
made a part of the records of the commission.
Provided, That Once the mayor has removed any
commissioner, the mayor shall within ten days thereafter file in
the office of the clerk of the circuit court of the county in which
the city or the major portion of the territory thereof of the city
is located a petition setting forth in full the reason for said the
removal and praying for the confirmation by said the circuit court of the action of the mayor in so removing the said commissioner.
(2) A copy of
said the petition shall be served upon the
commissioner so removed simultaneously with its filing in the
office of the clerk of the circuit court and shall have has
precedence on the docket of said the court and shall be heard by
said the court as soon as practicable upon the request of the
removed commissioner or commissioners.
(i) (1) All rights
herein vested in said the circuit court by
this section may be exercised by the judge thereof in vacation.
In the event that If no term of the circuit court is being
held at the time of the filing of said the petition, and the judge
thereof cannot be reached in the county wherein in which the
petition was filed, said the petition shall be heard at the next
succeeding term of said the circuit court, whether regular or
special, and the commissioner or commissioners so removed shall
remain remains removed until a hearing is had upon the said the
petition of the mayor.
(3) The court or the judge thereof in vacation shall hear and
decide the issues presented by
said the petition.
(j) (1) The mayor or commissioner or commissioners, as the
case may be, against whom the decision of the court or the judge
thereof in vacation
shall be is rendered, shall have has the right
to petition the Supreme Court of Appeals for a review of the
decision of the circuit court or the judge thereof in vacation as in other civil cases.
In the event that If the mayor shall fail fails to file
his a petition in the office of the clerk of the circuit court as
hereinbefore provided within ten days after the removal of said the
commissioner or commissioners, such the commissioner or
commissioners shall immediately resume his or her or their position
or positions as a member or members of the policemen's civil
(k) Any resident of the city
shall have has the right at any
time to file charges against and seek the removal of any member of
the policemen's civil service commission of such the city.
Such The charges shall be filed in the form of a petition
in the office of the clerk of the circuit court of the county in
which the city or the major portion of the territory thereof of the
city is located, and a copy of said the petition shall be served
upon the commissioner or commissioners sought to be removed.
Said The petition shall be matured for hearing and heard
by said the circuit court or the judge thereof in vacation in the
same manner as civil proceedings in the circuit courts of this
state are heard, and the party against whom the circuit court's
decision is rendered shall have has the right to petition the
Supreme Court of Appeals for a review of the action of the circuit
court, as in other civil cases.
No commissioner shall hold any other office (other than the office of notary public) under the United States, this state, or
any municipality, county or other political subdivision thereof;
nor shall any commissioner serve on any political committee or take
any active part in the management of any political campaign._____(l) A commissioner may not hold another office under the
United States, this state, or any municipality, county or other
political subdivision thereof, nor may a commissioner serve on a
political committee or take an active part in the management of a
political campaign, except that a commissioner may serve as a
notary public or on another local, regional or state board or
commission in a part-time capacity."