March 27th, 193+. REGULAR MEETING. 237
<br />Be it Remembered that the Common Council of the City of South Bend, Indiana,. - met ink
<br />the Regular Session in the Council Chambers of the City Hall, Monday evening March 6th,
<br />193+ at the hour of 9 :35 o'clock P. M. All Members present except Councilman Nelson. Vice -
<br />President Grzeskowiak presided. The Minutes of the prevaous meeting was read and on Motion
<br />Of Councilman Hull were accepted as read. Motion carried.
<br />Legal Department
<br />Iden S. Romig, City Attorney
<br />South Bend, Indiana, March 26 193+.
<br />To the Common Council of the City of South Bend, Indiana.
<br />Gentlemen : - You have asked for a written- statement of the law applying to the removal,
<br />suspension, reprimand, or reducing in grade of members of the Fire Department or Police
<br />Department. The law applying was modified in the last Legislature and is, as I gave to your
<br />Committee, as follows, to -wit:
<br />" Every member ofthe fire and police forces, appointed by the o mmissioners of public
<br />safety, shall hold office until they are removed by said board. They may be removed for
<br />any cause other than politics, after written notice is seved upon such member in person or by
<br />copy left at his last and usual place of residence notifying him or her bf the time and
<br />place of hearing, and after an opportunity for a hearing is given, if demanded, and the
<br />written reasons for such removal shall be entered upon the records of such board. On the
<br />conviction in any court of a member of the said fire or police ford of any crimihal offense,
<br />or upon a finding and decision of the board that any such member has been or is guilty,-of
<br />neglect of duty, or of the violation of rules, or neglect or disobedience of orders , or of
<br />incapacity, or absence without leave, or immoral conduct, or conduct injurious to the ptiblic
<br />peace or welfare, or conduct unbecoming an officer, or other breach of discipline, such
<br />commissioners shall have power to punish the offending party ny reprimand, forfeiture, suspen-
<br />sion without pay, dismissal, or n by reducing him or her to a lower grade and pay. Any member
<br />of such fire or police force who is dismissed from such force, as aforesaid, or is suspended
<br />therefrom for any period in excess of thirty days,, shall have the right to appeal to the
<br />circuit or superior court of the county in whxich such city is located from such decision of
<br />dismissal or suspension by said board, but shall not kxx have such right of appeal from any
<br />other decision.#
<br />The law then provides for a bond and appeal and the trial of the case by jury if requested,.
<br />In the case of a demotion, under this law, there could be no appeal.
<br />This is a part of Chapter 86 found on Page 577 and subsequent pages of the Acts of the
<br />Legislature for the State of 'Ind.iana for the year 1933.
<br />Hoping this complies with your request, I am, Very truly yours, I. S. Romig,
<br />Attorney. ISR!GMH - -