Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1900-03-17
Sec'y Board of Police Commissioners.

Alexandra, Va, March l6 b, 1900.
The Hon Board of Police Commission
ers, Alexandria, Va.
Gentlemen
In reply to your letter Of this date
would respectfully report as follows;
Section 81 of the city charter, 10 rela'
ton to the Board Of Police Commi
sioners, provides 10 part "Snch chief
lieutenant and policeman shall coDsii.
tute the polics force of the city. and
shsll hold their respective positions
during good behavior, or until the y
may be severally removed by the said
board for Cause, after such investigs-
ton as the board may deem necessary.
Section 80 OF the city charter pre-
vides: "Tne uniform, rules and regu-
latioDs of the said police force shall be
prescribed by said board, and the pay
Of the captain, lieutenant and police.
men shall be fixed and prescribed by
the City Council"
Uoder this latter section, the Police
Commissioners adopted the rules and
regulations of the po ice department.
Section l of these rules and ropule-
tons provides, among other things.
that the officer snd men Of the police
force shall devote their entire time TO
their duties as such, and are prohibited
from engaging in other business; though
they will De assigned 10 rotation for &C
tive service, they are to be considered
az always on duty, etc.
Section 6 provides that no member Of
the police force will be allowed, whether
on or off duty, to take an act We part in
politics, and members OF the force must
exercise their prerogatives as citizens
and voters quietly.
Section 2 OF article three of the con
sii.ution of this State provides that all
elections shall be by ballot, and that all
persons entitled to vote shall be eligible
70 any Office within the gift of the
people, &c.
Under this constitutional provision ii
is prerogative OF every citizen entitled
to vote to become candidate for any
Office in the gift of the people.
The question submitted to me for
an opinion is "whether officer F. c..
SpiDks has right to be q candidate for
the Office of city sergeant, uoder the
general rules and regulations of the
police department, particularly sections
one and six" and | would respectfully
reply that be, undoubtedly, has the
right to be a candidate under the pro-
visions of the State constitution above
cited, which right the rules and regu-
lations of the police depart ment cannot
take away; as to whether or not it lie
expedient for him to remain q member
of the police force during bis candi.
dacy, it is for the Board of Police Com
missioners 10 determine. and said
board has full power under the sections
of the city charter above cited. and Ut
der the police regula ions, to remove
said officer after such Investigation as
t5ey may desm nect sssry, if, in their
opinion, it is improper for him to re-
main D member of the police forcs
while candidate for Office.
10 reply 10 the second question asked
me, viz As to the right of an officer to
procure evidence for parties 10 divorce
suits, or to tske any part in assisting
any party or parties in suits for damages
or other civil suits, would respectful.
~ call the attention of the Board to
section one of the police regulations
heretofore cited, and to section seven
of said regulations, which provides tina!
officers and men are positively forbidden
to receive presents OF any kind for SER
vices 10 the line of their duties, but may.
with the cor snt of the Mayor, receive
remuneration for services not connected
with their regular duties, and not 9TH
erwise.
Without the consent of the Mayor.
it is certainly contrary to the
police regulations for any officer or man
to receive compensation for such serv.
ices. Yours respectfully,
GARDNER L. BOOTHE,
Corporation Attorney.
The Police Commissioners will meet
m Mopdau piohf m copoida. NJ.