The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1914-02-13
Removals and Appeals.

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Removals and Appeals.
Section l. No person holding a posi-.
tion in the police department or in the
FIRE department shall he removed, re.
dueed in RINK or discharged, except for
caase relating TO his moral character
or his suitableness to perform the du.
ties of his position, though he may b9
suspended from duty for period not
to exceed thirty days pending the in.
vestigation Of charges against him.
Whenever charges, in writing or 9th
erwise, are made TO the head of the
| police DEPARTMENT or the fire depart
ment agaihat any officer or employe Of
said department, il shall be the duty
of such head Of said department to ia.
yestigate such charges, and il in his
opinion the charges are substantiated
by the evidence, he shall give the oil,
Ger or employe against whom such
charges are pending ten days written
notice Of hearing, with the time and
place of such hearing, and written
cory OF the charges so made against
him.
At Such hear NC, or any 10 tip nement
thereof, the said officer or employe shall
have an opportunity 10 produce evil
deBee in his own behalf and shall be
heard in his own tehalf either in per.
son or by counsel THE head Of the
department conducting such hearing
shall either in person or BY clsI&,
take notes Of the evidence introduced
eY both sides aud shall preserve the
same, with the charges, findings and
decision and all papers and documents
m the matter, as a record in such
cause. #tn@ sl.Hrs.g III
Section 3. Any person in the police
department. or in the FIRE department
who is suspended, reduced in rank or
dismissed, may appeal from such de-
eision TO TIE .romniission within ten
DAYS from the date OF such suspension,
reduction ia rank or dismissal in which
event the head of the department order.
ing such suspension, reduction In rsnk
or dismissal, shall upon notice from the
commission, iof lslch appeal, forthwith
transmit TO the commission copy of
the charges,t findings, decision, notes
Of evidence, documents and statement
Of the proceedings 10 said cause, and
the combustion shall consider slch ap.
PEAL within twenty days from the fling
Of the same with IL, and shall affirm,
disaliirm or modify the decision APP
pealed from. " \,
Section 3. On such appeal the com.
mission shall consider tho evidence on
the charges aud specifications as set
forth in the report aforesaid, M filed
with the commission. and substantial
amendment Of or addition TO the said
charges and specifications shall not be
allowed or considered by the commits.
sion on the consideration of said ap.
peal. &sr1a
Section L.. On the consideration Of
such appeal the commission may hear
additional evidence IL in their iudg.
ment the admission OF the same may
be conducive of substantial Justice.
Section 3. When an appeal shall be
filed with the commission it shall, with.
IN reasonable time, tx the time and
place for the hearing thereof, notice OF
/ which shall be given to the appellant
and the head of the department rem,
dering the decision from which the ap
! peal is taken. IL the appellant shall
/ fail 10 appear at the time and nlaer
fixed by the commission TO prosecute
his appeal, the appeal may be dismissed
I by the commission.
Section Q, II the commission decide,
that the appellant has been lawfully re
moved, reduced 10 rank or discharged
u shall render its judgment sustaining
| the charges and shall dismiss the ap
peal. III tie commission decides that
the appellant has been removed In VIC
iation Of its rules and regulations, il
shall render judgment annnlling sucl
removal, deduction in rank or disehargs
land shall order the appellant rein
stated. .s..,.,.
Lay-ofis and Reinstatements.
Section !. Whenever il becomes nee
essa to reduce the force in any diyi