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, 4� SPECIAL P�iEETIIuG--1`.OVE?,T13ER 7, 1939, continued. <br /> by the pension doctor � s decision. If the pension dcctor said that he <br /> , ��1as capable of performin� his �rcrk as a policeman, that vlould end the <br /> ' ccntroversy b ut tive iaould expec� him to do a policeman�s Vvorl�. On the <br /> I other hand, if the pension doctor did not find tha� he vras physically - <br /> capable of carrying on his duties, he should apply to the pension board <br /> , for a pension and receive a pensien t�ntil such time as he mi�ht beccme <br /> physically able to perform the duties of a policeman again, at zrhich <br /> , time he could be re-instated in tne department as a fu11-fled�ed patrol- <br /> man. That he refused to do. . <br /> i Qur onl� alternative vras tp prefer charges and the Board instructed <br /> ' the Chief to prefer those charges.. Tes�er then brought an action in <br /> , court. After the acticn tivas brought, I called his �ttorney ancl as��ed <br /> ' him i£ he �e�v that tiJe had advised TesLner to go to the pensicn doctor <br /> ' and vte tirould be guided by his decision. His attorneST said: T'Tdo, he did <br /> not Iinc�^� that�'. He said that he woLild advise iesmer to do that. Tesri�er <br /> did Uo to the police pens�on doctor; vrno is Dr. Ser_senich, a well- <br /> recognized diagnostician and a r:an trho �.as been the pension fund doctor ' <br /> for many vears, and his report sho�Ted tnat Tes�er �vas incapable cf per- <br /> ferming the ¢�uties oi a nolicer.lan. Tes:�ler is not olualified to do o�'fice <br /> svork. Tesmer applied to the pens�on board icr a pension and the i�ensian <br /> bcard acted upon his request PtTonday and granted him a �75.00 a month _r.en- <br /> sion and the controvers�T is notiv settled. . <br /> ?s��R. OGDEI�T; sr�ell, I did not ask about it. <br /> ?,TR. BEAP,iER: I kno�°r �ou didn�t, but I knovr that a lot of _misinforr.ia- <br /> tion t�ras put out at S-our meeting last night about it, and I simply wanted <br /> to �et the records strai;ht. <br /> T�ZR. S:�IITZER: The ma j ority of the people in South Bend a re in favor <br /> of having the Chief rey�oved. <br /> P�IR. BEIiT��R: :Ve11, if �hat is true, ti�e can �t rEmove him for that cause. <br /> If an� one files charges against him based on the la���s of the State of <br /> Indi�na, we ��ill have a hearing and determine vlhether he should be renoved. <br /> T,TR. S';;tITZER: �Ve feel that this obvious unrest is cause for his rerloval. <br /> R1R. BEAI�IER: The law defines 'r�ow a person can be re�oved frorn. the Police <br /> Department. It specifies certain causes for rernoval. <br /> T��:R. PrTCE'�^JAN: Can he be re�ioved for just cause? <br /> T�R. BEAr.?ER: A man ean be rer�oved fer just caL�se. The just cause <br /> must be stated. So�le of the causes defined by statute are; violation <br /> of rules, insubordination, cc.*�miss;on of a cr,_me, �ncapacit„ an�. there <br /> are several others. None of the ti1-.ings �rou have stated cor�ie �7it�iin the <br /> provis�ons cf tnis statute unless �;� some broad stretch of the ima;ina- <br /> tion yau might sa�T �hat he is incapacitated from performin� his du�ies. <br /> P1IR. S:'JITZER: '�"Jell, if his action has been such to cause social un- <br /> re�t ��d the lil:e in the xionununity, �.rouldn t t you say that is grounds for <br /> rer:lovin� him for incapacity? � <br /> T,�R. �3EAt:�iER: Off-hand, I v�rould say no. All of the cases that I l <br /> have read on this subject in Indian a indicate that the wcrd 'rincapacity'r <br /> conte:�plates sc�e mental or physical disability �°rhich yTOUld require ex- � <br /> pert medical testimony to prove. <br /> I�liR. �.Il�TTiiE�:1S: �'Jel.l, �ve feel he is znentally incapable ti� represent <br /> this town. <br /> l�R. �;?cEl'JAP;: If yre could �et 95;� of the people to ob j ect to him, <br /> ��rovl�� T:qr. Pavey re:nove him? I� that the attitude i�Tr. �avey vran�s us �o <br /> take? <br /> I;�iR. BE�i��ER: It depends upon the interpretation of the statutes. <br /> ZTnless tnere are just grounds, he cannot be rerioved. <br /> T:iR. i�rcE'T�JAl`T: ti'dell, Bea:�ier, if t�ve represen� the i�ajority of these <br /> people 2nd the interpretation of the latir is the sat�e as the United States <br /> Governxnent--the �aill of the majority--if the v�ill of the majorit� sees <br /> fit to remove this man, do you r..ean that you ,�tou.ld not tal�e action? <br /> T;:R. BEP.�,IER: I did not sa� that. If z�ou file proper cha. ges and the <br /> c�larges come �rrithin the proper provisions of the larr, vae ti,rill ta��e action <br /> , <br />