[HISTORY: Adopted by the City Council of the City of West
Haven 4-14-1997 by Ord. No. 366. Amendments noted where applicable.]
GENERAL REFERENCES
Police Department — See Ch. 36.
When any officer or member of the West Haven Police Department
shall, in the regular performance of police duty and without willful
cause or wanton misconduct on his or her part, have become permanently
disabled and physically or mentally unable to further perform his
or her duties as a police officer or member of the Police Department,
such officer or member shall be examined by two reputable physicians,
one to be selected by such officer or member, one to be selected by
the City of West Haven. If the two should disagree in their opinions
as to the capacity of the officer or member to perform further police
duty, they shall mutually agree upon a third physician to examine
the officer or member. If at least two such physicians shall certify,
in writing, that such officer or member of the Police Department so
examined is incapacitated from further police duty, the Board of Police
Commissioners shall place such officer or member of the Police Department
on disability retired status, and such officer or member shall receive
a yearly disability pension equal to the provisions under the agreement
between the City of West Haven and Police Local Union 895; said disability
pension shall be paid in 12 monthly installments. Any officer or member
of the Police Department who meets the requirements as set forth in
this chapter, but has not served at 25 years shall be retired as an
officer who has served 25 years, without an elevation in rank.
The Board of Police Commissioners shall have the power to order
any member of the Police Department who has retired for reason of
physical or mental disability under the provisions of this chapter
to submit to a reexamination, not more than once in any calendar year,
at any time during a period of 10 years from the date of such retirement.
Such examination is to be conducted at the expense of the City of
West Haven. Should the individual after this examination be found
to be capable of return to active duty, he or she may be reinstated
at the rank held at the time of his or her retirement and
the duration of the length of service of such officer or member shall
be considered to be the sum total of the time actively served in said
Department by such officer or member minus the period of time elapsed
during retirement prior to reinstatement. In the event that said retired
officer or member shall fail to comply with a request by the Board
of Police Commissioners for a reexamination or, if after reexamination,
shall fail to comply with the requests of the Police Commissioners
to return to active duty, said Board shall have the power to withhold
further pension payments until such time as the officer or member
complies with the request of the Board.
