The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-01-07

and filed in the office of the city clerk.
1t is provided however that such board
may for any good cause, and without
a previous hearing, suspend for period
not exceeding ten days any officer or
member of either department, and may
by its rules authorize such temporary.
suspension by the proper officers of
each department, but in case of any
such suspension the party suspended
snail have the right to demand within
tour days hearing in accordance with
the provisions of this section, and
should the result thereof be in his favor,
he shall be entitled to his usual COM
pensaticn for the time so suspended.
Such board shall provide rules for the
conduct of all such hearings. When
ever an officer or member of either de-
partment is removed from office by the
board it shall at once report such fact
to the city council, that successor may
be appointed. The board shall in like
manner report the death or resignati ton
of any officer or member of either de-
partment.
Sec. {. Should the city council at any
time reduce the number of policemen
or firemen, the said board shall by a
majority vote designate those who shall
be retired, and shall at the same time
prepare and file in the office of the
city clerk of said city. a ranking list
OF those so retired, upon which their
position in rank shall be stated. The
board may from time to time amend or
modify such ranking list but the name
OF no person shall be kept thereon for
more than two years after the last date
OF service. Should the number in any
department be thereafter increased, the
board shall call to the service those
upon such ranking list in the order of
rank, and shall report to the city coun-
Gil the number of vacancies, if any, then
remaining to be filled by appointment
in the manner by law provided.
Sec. g. The members of said board
appointed by the governor shall receive
compensation at the rate of IS for each
meeting thereof not exceeding, how
ever, to both members in any one month,
the sum of $50, which shall be paid
by the city council from the same fund
and in the same manner as the salary
of the city officials.
Sec. 8. This act shall take effect on
Monday, March 20, 1898, at u o'clock
m, and shall be in full force from and
after that date; provided, that the
commissioners to be first appointed
shall be designated by the governor not
later than March H. 1899, and when SO
appointed, the said board shall be deem
ed organized from that date for the pur-
pose of adopting and publishing such
rules and regulations as it is by this
act authorized to make
Sec. 10. All acts, laws and parts of
acts in conflict herewith are hereby re-
pealed.
To the Honorable Committee, Police and
Fire Departments, Butte, Mont.
Gentlemen:
| have the honor to herewith submit
to you a draft of a bill providing for
tenure of office for the officers and
members of the police and fire depart
ments in cities of the first class in this
state. In connection Herewith l desire
to submit these suggestions.
You will note that have provided at
your request for two commissioners to
be appointed by the governor, and to
hold office for four years, so arranged,
however, that the term of one shall ex-
pire every two years. In this connec-
ton I desire to state that section of
article XVI. of the constitution of this
state provides that the legislative as
sembly shall not create any new NUM-
cipal offices for longer term than
two years Hence if these commission
ers are to be deemed municipal officers
their term cannot be made longer than
two years. Should this question arise
l am prepared to support my conten- I
ton that the commissioners so ap-
pointed by the governor, and for the
police departments, etc, are state Of
hcials, and hence not within the section
OF the constitution referred to. In any
event, no harm can come, for if the su-
preme court should hold the section
applicable, the only effect would be to
reduce their term to two years.
The essential element of this bill is
that 1t keeps the appointing power en-
tirely separate. In other words this board
of municipal service commissioners, as
we have named them. has control over
both departments and can remove for
cause as it sees fit, but can have alb
solutely nothing to say as to who shall
be appointed to succeed those men,
Hence they are not so likely to removal
if they can have nothing to say as to
who shall succeed.
In section 6. I have provided a very
method by which officers can
be suspended or removed upon a hear
ing. This hearing is necessarily public,
and the testimony will thus be made
the subject of the newspapers ETC.
Hence if the board attempts to remove
for political reasons it would be mani
fest on the hearing.
By subdivision Z. 1 have provided that
should the council reduce. the number
in either department the board shall
designate the ones to be retired. and
shall make of them a ranking list, and
if the number is ever afterwards in
the same persons shall be re-
stored to their positions in the order of
rank. This is to prevent the council
should it be adverse to any department.
from reducing the number and thus get
rid of Objectionable members and af-
increase it and appoint their
own members. 1t also provides that
when the number is reduced the board
shall determine who shall be retired. /
This is proper, for the board is suppos-
ed to be most familiar with the qualifi-
cations of different members and to
know who is the most worthy and who
should be retained.
I shall be glad to receive any sugges-
tons you may offer and in fact desire |
them. This letter is executed so as to
be sent with draft of the bill to our
sister cities that the police and fire de-
partments there may have an oppor-
tunity to investigate and criticise it.
Respectfully submitted,
NJ. D. LEEHEY, |
Butte, Mont, Dec. 81, 1885,