03/31/1930 Board of Public Safety Minutes

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. . A^ �+.�',? 1!.�arch 3�?, 193Q ( cont 'd) ��;� A p tition from Z.Balicki Falcons P�est was presented to the Board nd the Board instrueted the Clerk to write the abov� named rganization stating that the Board of Public Sa�fety, at their revious meeting, had instructed the Chief of Police to vigoro sly en�orce traffic regulations on tne ';Jest Side. � Cre entials sho�r�ing the transfer of �edan Cab Company to the Coloni �. Cab -Co. , vras presented to the Board, also application for a -Cab Stand instead of one as the former Seaan Cab Stand at 124 '�J. Colfax Ave. The Board, however, transferring Stand from S dan Cab Company to tYie Colonial Gab Co. , but not enereasin� the st nr� from one to two cabs at the present time. The follotiving disposi:t�on �r�as reeeived from City Attorney, "�alter L. Clements: C. :�. udd, Fresident, Board f Public Safet,y, - City o South 3enc�, Indiana. Dear S r:- - Replyi p f'urther to your inc�uiry with reference to the line of procee ure when an officer is on sick leave f or a longer period than s'x months and has to be replaced by another officer, I find n ladv coverin� this si tuation directly. Howeve , Section 10864 of Burns 1926 Ind�ana Statutes provides that: "E ery member of the fire and police forces and of appointees of he commissioners of public safety, shall hold office until the are removed by the Board. The,y may be removed for any cau e other than politics, after an opportunity for a hearin:, is iven, if demanded, and the vrritten reasons for such rem val shall be entered upon the records of said Boa.rd." The 19 7 amendment of the l�ct with reference to police pensions provid s: "T at if after any such member shall have been so retired upon pen ion, the Board of Trustees shall have the ri�ht at any time to ause such retired member again to be brou,ht before it and exa ined by the police surgeon or other sur�eon to be appointed by aid Board o� Trustees, and thereupon to determine �vhether suc disability still exists and vrhether such retired member sha 1 remain on the pension roll, but such member shall be ret in�d on the pension roll until reinstated in the service of the police force, except in case o� dismissal or resignation. If upo such examination and hearin� such retired member shall be fou d to ha.ve recovered from hi� disability and to be again fit for active duty, then such member shall again be put on a�ctive dut �vith full pay, and from that time he shall cease to be entitled to s�ny nayments out of such pension fund . " It see s,' therefore , that in case of taking an additional man on to rep ace an officer on pension because of sickness or other disabi ity, that you have one of three courses: l. Retain the offieer replacin�, the retired officer and upon the retire officer reeoverin,; , obtain appropriation throu�h the council • to per it him to continue in active service. 2. Have an understandin;� with the officer replacin; the retired office tha,t upon the retired member' s returning to active duty, he �vill resign or be dismissed. This may be done , I believe, at any time within five years after the officer is placed on the force, as I find no provision wi th reference to placin� an officer on proba- tion for six months and presume this is a ru.le of the City and does not arise from statute. 3. The retired officer , upon recovering, may be dismissed foz° the re son that there is not a place for him, as you �r�ill note that the st tutes say that officers may be dismissed for any reason other than politics and he bein� an ablebodies man, should find no fault �aith not receiving his pension or being on �.ctive pay any