The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-03-06
Control of the Police and Fire
Departments.
yARIAN AND JENNINGS.
FORMER PRESENTS RECoMMENDA-
TIoNs, THE LATTER A BILL.
Mr.. Jennings Favors vesting the
Appointive Power in the Cover
nor, But the Board Adopted the
View of Chairman varian.

recommendations and amendments to
the present fire and police law as sub
mftted by Chairman Yarian and adopt
ed at the commission meeting yester-
day afternoon:
Hon. George L. Nye, Chairman House
Committee on Municipal Corpora
tons:
1 Sir:-The board of police and fire
/ commissioners having had under con-
sideration the proposed legislation con-
corning the administration of the po-
/ lice and fire departments in certain
4 classified cities in the state, as en-
bodied in senate bill No. s, and house
bill No. 11S, herewith submit for the
/ consideration of the legislature, some
/ suggestions.
! Underlying, and incorporated in the
! present law is the principle OF ten
ure OF office. The law gives to the
/ officer the hope of making himself a
useful and efficient agent Of society,
and promises a safe and certain ten
ure of office, to be disturbed only (as
a general rule) by ineficiency or mis-
conduct, and then only after fair in
VeStigation and trial.
By senate bill No. 6 this principle
is destroyed. 1t is proposed (by No.
| 10) to commit to the respective chiefs
Of the departments the arbitrary pow
er to make and enforce the rules and
regulations . and they shall have
/ power to suspend without pay, fine or
dismiss any subordinate, officer, mem
! Der or employee reporting their actions
with the reason thereof to the board.
This is but the same power, hereto
fore vested in the mayor, or council,
and an obtrusive evil the present sys-
! tenn was designed to obvtate. The ma
chine, so constructed is none the less
powerful for evil, because the man
/ ager is a chief of police or engineer
of the fire department, than if he were
/ the mayor. Is it not apparent that
/ this feature of the bill eliminates the
very life Of the system?
While carefully providing for this
J power to be vested as above stated,
the bill does not contemplate the exer
/ else Of a like authority by the board
over the respective chiefs. That is,
/ in any practical way. The power Of
| the four members-au concurrfng-to
remove, is not practically operative.
| Yet it is proposed to commit to the
! board Gas by the present law the duty
of enforcing the laws, including the or
| dinances of the respective cities. If
the state charges the board of commits
sioners with high public functions,
/
force its authority and maintain it's
/ dignity should be granted.
! The board should not administer the
finances of the municipality. To take
from the council the power to regu-
late the membership and salaries of
the members of the respective depart
ments, is in our opinion, unwise, and
in violation of one Of the principles
of representative municipal govern
ment.
House bill No. 11S, proposes to pro
hibit (sec. p secret or executive ses-
sionS. Secret or executive sessions are
reasonable and necessary in certain
cases. AT such sessions the members
are enabled to discuss and consider
men and measures with freedom not
! otherwise attainable, and without the
hazard Of unwittingly doing an injus-
/ tlce to somebody of giving publicity
to their deliberations. Secret sessions
only afford opportunity for the mem
bers to argue with each other and adj
just differences, if any exist.
The last section (2S) in H. 3. No.
11S, is in the right direction, but. it
! would seem that a public examination
under the circumstances contemplated
by the bill, would not be advisable
! Such d proceeding would at once pro-
claim to the public that a state of
facts existed affecting the efficiency of
the entire department, which in the
very nature of things, would tend To
weaken if not destroy public conf
dence.
The right to impose fines for offenses
has been determined by an inferior
court TO be without the jurisdiction of
/ the board or chiefs. This power (if II
exists is not clearly conferred. and
within reasonable limitation should be
I given. The board should be able to
! exercise its powers and supervise the
/ execution of the laws by a majority
! thereof. All subordinates, including
the chiefs of departments should be
SUBJECT TO removal by the concurrent
action of three members.
The chiefs should have power To i'm
pose lines in accordance with rules
limiting the amount, PROMULGATED nv
the board; also, to suspend or dis
miss, subject, however to the revisorv
power of the board Unless three mem
bers approve the action of the chief
the man should be reinstated, except
where charges are made under the
other sections. Upon the question of
the constitution and appointment of
the board of commissioners. we of
course, make no suggestion.
The following amendments to the
existing law are submitted for consid-
Grafton:
The board to by rule provide for the
! imposing of fines by the chiefs, not to
exceed $40 in any case
The chiefs to have power to SUSPEND
or dismiss; to report action forthwith.
and the same to be confirmed if three
members of the board approve, other
wise reinstatement to be made. unless
charges filed.
Three members have power to re-
move chiefs without trial.
The board to have the right upon all
trials to deny or limit argument by
counsel.
Where charges involve matters unfit
Tor publication, land offensive to a
sense of public decency, in the discre-
ton of the board the public may be
excluded from the trial.
Witnesses to be required to obey
subpoena issued by the board. and to
be subject to the same penalties for a
failure to do SO, as in other cases, to
be imposed when warranted, by the
court of the district upon application.
Board may have executive sessions
and promulgate rules to govern the
departments. c. S. VARIAN
MR.. JENNINGS REcOMMENDA-
TIONS.
The recommendations offered by Mr..
Jennings, and which were voted down,
were as follows:
Section There shall be appointed
by the governor in all cities of. l2, 900
Inhabitants, Immediately after this act
takes effect, a board of police and fire
commissioners, consisting of four per-
sons residents and legal voters in said