The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1914-01-08


trial as 1 see it, This is the section
Judge Lane called my attention to when
| filed the charges.
Section 2. That no officer or mem
Der of the police department or per
son employed in said department in
cities designated in the first section OF
this act. after his election. to, or en-
ployment in said department, shall be
removed or dropped from office or en-
ployment in said police department or
from the office force of any such city
for political reasons or for any cause
other than misconduct. incapacity, in
efficiency, differentiation, or DISC
bedience TO such Just and reasonable
rules and regulations as are estab-
lished or may be hereafter prescrib ed
and established for the management
and government of said police depart
ment. provided this section shall not
be construed as prohibiting the pos
session of any officer or. member of
said police department by the proper
officer council. commission or board
duly authorized to so suspend, pending
the hearing of charges brought against
such officer or employe.
Sec. 3. That no officer or member
of the police department or person en-
ployed in said department in cities
designated in section of this act shall
be removed or discharged from office
or employment therein during the term
for which they shall have been respect
lively elected, except upon someone or
all of the grounds for such removal
specified in section 2 of this act, and
then only after the charge charges
shall have been preferred in writing
against any such officer member or
employe, signed by the person making
such charge or charges and filed with
the council. commission. board or 9TH
err body having jurisdiction and au-
thority to hear and determine such
charges and to pass judgment thereon.
any and all charges which may be pre-
ferred and filed against any such Off
GER member or employe, shall be heard.
tried and determined and judgment rem
dered thereon by the council, commits
sion, board or other governing body
having by law the government and
charge OF the police department of such
city under such rules and regulations
as may be from time to time fixed
and prescribed, it being intended here
by to give every person against whom
charges for any cause may be pre-
ferred a fair trial under this act upon
said charges and every reasonable OPP
portunity to defend against same. If
upon the trial and hearing of any
charge preferred against such officer,
member of employee of said police de-
partment, said charge is sustained and
a. judgment of guilty rendered theron,
the council. commission. board or 9TH
er governing body conducting and hear
ing said trial shall have the power and
authority to remove and discharge said
officer, member or employe from his
said office or employment and there
upon the compensation or salary of
such officer member or emp1oye shall
cease provided that said council, COM
mission board or other governing body
-
department may suspend such officer,
member or employe from office or en-
ployment for not more than 90 days"
I presume that you are acting under
that law. 1t says the body, as ! under
stand It,
Commissioner Weatherly: 1t Is all right
to comply with this by analogy but Mr..
Bodeker nor any other officer of the city
of Birmingham has any set term.
Judge CASTOR: That is the law Judge
Lane called my attention to-
CAPTAIN White: Then the statute could
never be enforced.
commissioner Weatherly: I think that
myself.
Judge CASTOR: do not try to rule on
that problem.
Commissioner Weatherly: This is my
Judgment about the power of this COM
mission:
The commissioners shall prescribe and
may at any time change the powers. du-
ties and titles of all subordinate officers
and employees of said city except the
title of city health officer. all Of whom
shall hold office and be removed at the
pleasure Of the board of commissioners
That is the act that am acting under.
Judge CASTOR: That is the commission
form of government act, Is 1t not?
In Ordinary Session
Commissioner Weatherly: We could
have met in an ordinary session without
any hearing, and moved to remove an
officer at our pleasure, but in Difference
to the situation we had this hearing and
the ordinance, we passed an ordinance
calling this hearing to be held by the
three commissioners, not by one commits
sioner, but all three Of the commissioners.
Captain White: I will say for the chief
It would have been Infinitely better fog
him If you had met and decided the ques-
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