Charges may be preferred against any member
of the Department by any officer of the Department or by any private
citizen for the violation of any provision of this chapter or of the
rules and regulations.
Charges shall be prepared, filed and served
and the date fixed for trial in accordance with law. In addition to
the procedure provided by law, the accused shall be notified in writing
at the time of service upon him or her of a copy of the charge or
charges, of his or her right to obtain counsel and to have witnesses
appear on his or her behalf at the trial.
Subpoenas for any witnesses for either the Department
or the accused may be issued as provided by law. Subpoenas shall be
served by a uniformed member of the Department, preferably an officer.
The trial shall be conducted by and before the
Manager or designee. It shall be conducted in public unless public
trial is waived by the accused. At the trial, the Manager shall first
read the charge or charges and shall ask for and record the plea of
the accused to each charge. All witnesses shall be sworn before testifying.
A record shall be kept of the names and addresses of all witnesses.
The decision or sentence of the Manager or designee
after trial shall be rendered in writing, in triplicate. One copy
shall be delivered to the accused.
Pending trial on charges, the Chief may suspend
the accused member. He or she shall not be restored to duty pending
trial except by order of the Manager.