[R.O. 1993 § 200.320]
A Police Personnel Board is hereby established. The Board shall be composed of six (6) members, three (3) members from each of the two (2) largest political parties in the City. The six (6) members of the Board shall consist of one (1) member from each of the cities four (4) wards, plus two (2) at large members. Each member shall be appointed by the Mayor with the consent of a majority of the elected members of the City Council. Of the initial six (6) members, three (3) shall be appointed for a term of one (1) year and three (3) for a term of two (2) years. Thereafter, every three (3) members shall be appointed for a term of two (2) years in such a fashion that the fifty-fifty (50-50) balance is maintained regarding equal representation of the two (2) largest political parties in the City. The Mayor, with the consent of the majority of the elected members to the City Council, shall fill any vacancies for any unexpired term. A member of the Board may be removed for cause in the same manner as prescribed by ordinance for the removal of other City appointive Officers. Members of the Board shall serve until their successors shall have been appointed and qualified.
[R.O. 1993 § 200.330; Ord. No. 2432 § 3, 8-22-1988; Ord. No. 3265, 12-19-2022]
Each member of the Board shall reside within twenty-five (25) miles of the City limits of the City of Malden and not be convicted of a misdemeanor (excluding minor traffic violations) or be convicted of a felony or on probation for a felony. Members of the Board shall be required to take the oath of office prescribed by ordinance for City Officers, including a statement that they are in sympathy with the merit principal as it related to the City's Police Department.
[R.O. 1993 § 200.340; Ord. No. 2432 § 3, 8-22-1988]
The Police Personnel Board shall be subject to call and shall meet at such times and places as may be designated by the Board Chairman. The Chairman of the Board, to be elected by the Board, shall preside at all meetings of the Board. The members of the Board shall also elect a Vice-Chairman to act as Chairman in the Chairman's absence. The Mayor shall appoint a City staff person to serve as recorder and secretary for the Board. The Board shall elect Officers at its first meeting and shall elect new Officers in July of each year. The Board shall adopt rules governing its internal operation and file a copy of same with the City Clerk. Board members shall serve without compensation. The Board shall meet within thirty (30) days after the appointment of all members of the Board.
[R.O. 1993 § 200.350; Ord. No. 2432 § 3, 8-22-1988]
A. 
The Board shall have the following powers and duties:
1. 
Examinations. The Board, from time to time, shall conduct open competitive examinations and promotional examinations as they deem necessary to establish eligibility and promotional registers. The examinations shall be of such character as to determine the relative qualifications, fitness and ability of the persons tested to perform the duties of the class of position for which a register is established. The examination may be divided into various parts, and may be written, oral, physical, evaluate training and experience, require a demonstration of skill or any combination of these factors. The examinations shall be of such character as to determine the relative qualifications of the person taking the examination and may take into consideration any relevant factor, including training, experience, aptitude, capacity, knowledge, character, health, physical fitness, marksmanship and other qualifications as, in the judgment of the Board, shall enter into a proper determination of the relative fitness of the applicants. Political or religious opinions or affiliations shall not be considered in determining the qualifications of an applicant and no question shall be framed to elicit information concerning same.
2. 
Notice Of Examinations.
a. 
The Board shall give public notice of each open competitive examination, sufficiently in advance of same and of width in scope to afford persons who are interested in taking the examination a reasonable opportunity to apply. The time between the official announcement of an examination and the holding of same shall not be less than fifteen (15) days.
b. 
Each official notice of an examination shall state the titles, duties and pay of the positions in the class for which the examination is to be held, the qualifications required, and the time, place and manner of applying for admission to such examination.
c. 
The official announcement shall consist of the posting of an official notice thereof in any newspaper published and of general circulation within the City and of the posting of a public bulletin board maintained in the City Hall building; provided however, that with respect to promotional examinations, it shall be sufficient that notice thereof be posted on a public bulletin board maintained in the City Hall building. The Board shall also use such other means of publications as in its judgment is best suited and reasonably necessary to inform the public that the examination is to be given.
3. 
Rating Of Examination. Ratings of each examination shall be completed and appropriate registers established not later than ninety (90) days after the first part of the examination was held, unless such time is extended by the Board for reason stated in their official records. The methods of rating the various parts of the examinations and the minimum satisfactory grade shall be determined by appropriate regulations. Each person taking the examination shall be notified in writing whether he/she passed or failed the examination. Each person taking the examination shall, in accordance with regulations adopted by the Board, be entitled to inspect his/her examination papers and ratings, but ratings shall not be open to inspection by the general public. A manifest error in rating and grading of an examination, which affects the relative ranking of persons taking the examination, shall be corrected if called to the Board's attention in writing by certified mail within thirty (30) days after the establishment of the register, but such correction shall not invalidate any appointment previously made from such register. A person failing to attain the minimum satisfactory grade on an examination shall not be permitted to take another examination for the same position for a period of twelve (12) months.
4. 
Registers. The Board shall keep an application and promotional register in which shall be entered the names and addresses, the order and the date of applications of all applicants for competitive examinations, and the positions in the Police Department sought by the applicants; provided however, that nothing herein shall be construed to require the Board to accept applications if there is no position open in the Police Department. All applications shall be on forms prescribed by the Board and approved by the majority of the elected members of the City Council.
5. 
Rejection Of Applications. The Board may reject the application of any person for admission to an examination or may strike the name of any person on a register for a position in the Police Department or withdraw the certification if such person lacks any of the required qualifications, or is physically unfit to perform effectively the duties of the position to which he/she seeks employment, or is addicted to the habitual use of drugs or intoxicating beverages, or has been convicted of a crime or guilty of any notorious or disgraceful conduct, or has been dismissed from any public service because of delinquency, or has made a false statement of fact, or attempted to practice any fraud or deception in his/her application or in his/her examination or in attempting to secure appointment to the City's Police Department.
6. 
Rules And Regulations. The Board shall formulate and adopt all necessary rules and regulations reasonably necessary for the efficient operation of the merit system and in the qualification and appointment of members to the City's Police Department. The rules approved by the Board shall then be submitted to the City Council and shall become effective when approved by the majority of the elected members of the City Council. The rules shall include provisions for:
a. 
Minimum and desired qualifications for all police positions.
b. 
Frequency of competitive examinations.
c. 
Standardization and classification of all positions in the Police Department on the basis of duties and responsibilities, and so arranged as to promote the filing of the higher grades through promotion as far as practicable.
d. 
Certification to the appointing authority of eligible persons in order of rank, for the purpose of filling vacancies.
7. 
Certification Of Eligible. The Police Personnel Board, whenever it deems it necessary or at the request of the Mayor, shall certify to the Mayor a list of all eligible persons, in order of preference, for appointment or promotion in the Police Department. The Board shall note on such list the reasons for recommending each person.
8. 
Oath And Subpoenas. Any member of the Board, on authority of a majority of the appointed members of the Board, shall have power to administer oaths, subpoena witnesses and compel the production of books and records relevant to any investigation or hearing authorized by this Article. Attendance of witnesses may be compelled by attachment if necessary. Persons who fail to testify without lawful cause, or who testify falsely, shall be guilty of an ordinance violation and shall be punished as provided for herein.
9. 
Appeals.
a. 
Any member of the Police Department who is suspended, demoted or discharged may appeal in writing to the Police Personnel Board, within seven (7) days after the effective date of such action, setting forth his/her reasons for claiming his/her suspension, demotion or discharge was not for good cause or for the good of the Department.
b. 
Upon such notice of appeal, the Board shall within ten (10) days hear the appeal. The appellant, the Chief of Police and the appointing authority shall have the right to be heard in person and to be represented by counsel, and to present evidence at such hearing, which shall be a public hearing; provided however, that said hearing shall be held in closed session if the appellant so requests in his or her written notice of appeal. Technical rules of evidence shall not apply at such hearing.
c. 
The Board shall consider the evidence and within fifteen (15) days of the conclusion of the hearing, the Board shall report in writing to the City Council and the Mayor, all facts and circumstances developed in their investigation and the hearing held pertaining to the reasons as to why such Police Officer was suspended, demoted or discharged. The report of the Police Personnel Board shall contain all the facts and shall contain the conclusions of the Board. Said report shall be presented at closed session of the City Council if the appellant requested that the initial hearing be held in closed session, unless the appellant requests in writing that the report be presented at an open session no later than forty-eight (48) hours prior to the meeting.
d. 
The Board shall have the authority to either approve or to rescind the discharge, demotion or suspension. In the event of a recision of the discharge, demotion or suspension by the Board, the Board shall have the authority to reinstate rank, lift a suspension or re-employ the Police Officer demoted, discharged or suspended and to order the appellant reinstated to his/her former position with payment of such salary as was by reason of such discharge, demotion or suspension to the appellant. Any such action by the Police Personnel Board shall become effective upon approval of the majority of the elected members of the City Council.