Powers and duties vested in board.

Term of office.

Who to appoint.

Compensation, eligibility, etc.

To take oath, where filed.

CHAPTER XXVIII.

BOARD OF POLICE AND FIRE COMMISSIONERS.

SECTION 1. All the powers and duties connected with and incident to the government and discipline of the police and fire departments of the city, shall be as hereinafter provided, vested in and exercised by a board of three commissioners, to be known as "The Board of Police and Fire Commissioners of the city of Kalamazoo," a majority of whom shall constitute a quorum for the transaction of business. Such board shall be appointed as hereinafter provided.

SEC. 2. The full term of each member of the board of police and fire commissioners, hereafter to be appointed, shall be for the term of three years, and until his successor is appointed and qualifies. By and with the consent of the city council, the mayor shall appoint said board of police and fire commissioners on or before the first Monday in May after the passage of this act. The term of office of one member of said board shall expire in one year from said first Monday in May, and he shall hold office until that time and until his successor is appointed and qualifies; the term of office of one member of said board shall expire in two years from said first Monday in May, and he shall hold office until that time and until his successor is appointed and qualifies; the term of office of one member of said board shall expire in three years from said first Monday in May, and he shall hold office until that time, and until his successor is appointed and qualifies, and on or before the first Monday in May in each and every year after the expiration of the respective terms of office of the members of said board of police and fire commission, one member thereof shall be appointed in the same manner, whose term of office shall continue for three years thereafter and until his successor is appointed and qualifies. Any vacancies occurring upon said board from any cause whatever shall be filled for the unexpired term as above provided.

SEC. 3. Said commissioners shall serve without any compensation whatsoever. No person shall be eligible to said board unless he shall then be an elector and resident of said city, nor shall any person be eligible who holds any elective or political office, or any office by virtue of the appointment of the mayor or city council of said city, and any of said commissioners shall be considered as vacating his office in the event of his accepting or holding any such office. Not more than two members of said board shall belong to any one political party.

SEC. 4. Any person appointed and accepting membership on said board shall take the oath of office prescribed by this act, and file the same in the office of the city clerk, before entering upon the discharge of the duties of his office, which filing shall constitute an acceptance of the office, and said city clerk shall report such acceptance of office to the city council at its next regular meeting.

council.

accounts.

SEC. 5. The board shall annually elect one of its members To elect president thereof, to act until his successor is elected, and president. shall fill any vacancy in such office as president. The board Report to shall report to the city council monthly the condition and needs of the police and fire departments, and the expense of conducting the same for the ensuing month, together with the number of men employed in each of said departments. Said board shall To certify to also certify from time to time, to the city clerk, all such accounts, claims and demands against the city, for or on account of said police and fire departments, as shall have been approved by the board; and the city clerk shall report the same to the city council for payment, in all cases where the expenditure involved is included within the detailed annual estimate; in all other cases he shall report the item to the council for its action. Said board may also report to the city clerk any claim or demand, the validity of which may be in doubt.

chief of

SEC. 6. Said board shall have full power to appoint a chief To appoint of police, special policemen, patrolmen, additional policemen police, etc. and watchmen, and to fix the compensation of the same. It shall have power to appoint as many watchmen as it may deem necessary, but not exceeding three for every five thousand inhabitants of the city. It may designate one or more policemen to be sergeants, captains and lieutenants of police as such to exercise control of the police force, as prescribed by the regula tions of the board.

appoint

SEC. 7. It shall also appoint as many special police without When may compensation, in times of special emergency or apprehended special police. danger, from riot or other cause of alarm, as it may deem expedient or as the city council or mayor may request. Whenever it may seem discreet to said board, it may appoint any number of special police to do duty at any designated place within the city, upon the application of any person or persons, showing the necessity therefor, but without compensation. All persons appointed by the board, under this section and the preceding section, shall be citizens of the United States, and shall have been continuous residents of the city for at least three months next preceding such appointment, and shall continue in office at the pleasure of the board.

duties of

SEC. 8.. The chief of police and the police officers, patrol- Powers and men or policemen of said city, in addition to the powers, duties police. and authority possessed by them at common law, and the laws of this State in matters of a criminal nature, shall have power to arrest without process, all persons who shall, in the presence of the arresting officer, be engaged in the violation of any ordinance or regulation of the city council, or the penal provisions of this act, and such persons may be detained in custody until complaint can be made and process issued for their arrest and trial; and it shall be the duty of such officer to make such complaint and procure such process in the proper court, as speedily as possible after such arrest.

SEC. 9. Said board of commissioners may, whenever it shall when board seem to them best, dismiss from the department and from serv- may ice, the chief of police or any member of the police force, or any

discharge.

Board to adopt rules for depart

ment.

May adopt system of reports.

To cause enforcement of ordinances.

Board to have charge of.

watchman, with or without charges or trial, and no such dismissed person shall be entitled to any compensation after such dismissal, and said board may, at pleasure, change any member of said police department from one grade of service to another, and they may change the amount of compensation of any member of the department at any time, and may suspend any member of the department with loss of pay for such time as they may fix.

SEC. 10. Said board shall have power, and it shall be its duty to make all such rules and regulations for the government and discipline of said police department as it may deem best calculated to secure thoroughness and efficiency. It shall prescribe suitable uniforms and badges for the several members of the department; shall establish proper regulations for the care and management of such police stations as may be provided by the city council for the accommodation of the police force, for the lodging of vagrants and disorderly persons. and for the temporary detention of persons arrested for offenses. It may adopt such system of reports from the members of the force to the chief and from the chief to the board as it shall think desirable, and may, in its discretion, require a bond to the city from the chief or any member of the department as security for the proper performance of his duties. It shall prescribe the duties of the chief of police and of all regular and special police and shall provide for the preservation of the public peace, for the prevention of crime, for the arrest of all offenders against the peace and good order of the city, and of all persons violating the ordinances of said city. It may provide for the protection of the rights of all persons and property and for the preservation of order at fires and at all railroad depots, and shall cause the enforcement of ordinances of the city and laws of the State in regard to public peace, public health and the enforcement of the provisions of this act and ordinances of said city, relative to the restraining and regulating of the running at large of horses, cattle, swine and other animals, geese and poultry, and to the impounding of the same under and by virtue of the provisions of this act and ordinances or regulations of the city. And it shall also cause the enforcement of all other ordinances or regulations proper to be enforced by the police of said city. And it shall be the duty of said board at all times, whenever consistent with the regulations of the board, and the requirements of this act, to furnish all information desired, and to comply with all reasonable requests made by the city council of said city or by the mayor thereof. Said board shall be allowed the use of the police headquarters for its meetings, and the police clerk shall be clerk of said board without additional compensation.

OF THE FIRE DEPARTMENT.

SEC. 11. The board of police and fire commissioners shall have the keeping and the custody of all engine houses, fire engines and apparatus, horses, hose, implements, tools, bells, bell towers, fire alarm telegraph and all other property of what

ever nature, and the complete care and control of the fire department shall be vested in said board, and it shall be its duty to maintain said department and keep the same in order; and to prescribe all rules and regulations for the government of the same, and may prescribe reasonable and legal fines and penalties for the breach of any such rules or regulations.

chief, firemen

SEC. 12. Said board shall appoint one chief of the fire de- To appoint partment, as many assistant chiefs as it may deem necessary etc. and a proper number of firemen, hook and ladder men and other employes as it may deem best, all to have the privileges and exemptions of firemen, and to hold their appointments during the pleasure of said board. Whenever it may seem best to said board, it may dismiss from the department and from the service, the chief of the fire department or any member thereof, with or without trial, and no such dismissed person shall be entitled to any compensation after such dismissal. Said board may change the compensation of the chief of the fire department or any member thereof, or suspend the chief of the fire department or any member thereof, without pay for such time as it may determine. And said board shall, from time to time To prescribe as it may deem proper, prescribe and publish in convenient form for use, a system of rules and regulations for the government of the fire department. All persons appointed by said board under the provisions of this section, shall be citizens of the United States and continuous residence of said city of Kalamazoo for at least three months next preceding such appointment.

rules.

of council

SEC. 13. Said board shall fix the salary of the chief of the To fix salaries. fire department and of all other persons connected with the fire department of said city, and may require the chief of the fire department to execute bond to said city, conditioned as required in this act, and in such sum as it may deem best, to secure the faithful performance of his duties. By and with the With consent consent of the city council, said board shall have power to pur- to purchase chase all such fire engines, with their hose and apparatus, apparatus. horses, hose carts, ladders, trucks, fire hooks, fire buckets and other tools, implements and conveniences for the extinguishment of fires, and to prevent injuries by fires, as may from time to time be necessary, and repair or replace the same. and it shall have power to make all needed repairs to any of the engine houses now built in said city, but it shall not have power to purchase real estate or erect engine houses.

locate sites

SEC. 14. Said board shall have power to locate sites for Board to engine houses and police stations; to organize said city into as for engine many fire districts as it may deem necessary; to prescribe rules houses, etc. for the inspection of buildings by the chief of the fire department and his assistants, and prescribe the duties of firemen; to control the hydrants in use by said fire department; to direct the manner in which the alarm of the city shall be given in case of fire or alarms of fire, and to establish and maintain an efficient system of fire alarm telegraph; and such other telegraphic or telephonic apparatus as may be necessary to secure the highest efficiency of the department.

Powers and duties of chief.

Board to prescribe duties.

Require reports from,

When may pull down buildings.

SEC. 15. The chief of the fire department, under the direction of the board, shall have the custody and general superintendence of the fire engine houses, hooks, ladders, hose, horses, public cisterns, hydrants and other property and conveniences for the extinguishment and prevention of fires; and it shall be his duty to see that the same are kept in order and to see that the rules, regulations and ordinances relative to the fire depart ment and to the prevention and extinguishment of fires are duly executed, and to make detailed and particular reports of the state of the department, the conduct of the members thereof, and such other matters as may be required by the rules and regulations, to the said board of police and fire commissioners.

SEC. 16. Said board shall prescribe the duties of the chief of the fire department and other members of the fire department at fires, and may vest in them such powers as shall be deemed necessary to preserve property from being stolen, and to extinguish and prevent fires; but in no case shall any member of said board, or any officer of the city, control or direct the chief of the fire department or assistants during any fire. It may provide for the removal and keeping away from fires of all idle, disorderly or suspicious persons, and may confer powers for that purpose on the chief of the fire department or other officers of the city. It shall require reports from the chief of the fire department or other officer in charge of the department, of all fires, fire alarms, losses and insurance on all property destroyed, and keep proper record thereof, and shall report the same monthly to the city council of said city. And it shall be competent for said board at any time, if in their best judgment they deem it proper, to send any steam or fire engine with hose and apparatus to the relief of any community in the vicinity of said city.

SEC. 17. Whenever any building in the city shall be on fire, it shall be lawful for the member of the fire department in charge of such fire, with a consent of a member of the board of police and fire commissioners, to order such building, or any part thereof, or any other building, or any part thereof, not on fire, but which he may deem hazardous and likely to communicate fire to other buildings, to be pulled down and destroyed. In such case, no action shall be maintained against any person, or the city, therefor. Any person pecuniarily interested in any such building destroyed, in whole or in part. may within three months thereafter apply to the city council to assess and pay the damages which he has thereby sustained. SEC. 18. Such application shall be in writing, signed and sworn to by such person, and shall contain a statement of the amount claimed. Such application shall be filed in the office of the city clerk, who shall endorse on the back thereof, the date When council of the receipt and filing of the same. The city council shall either pay the person such sum as the city council and the person shall have agreed upon for such damages, or if no such agreement shall have been effected, the city council shall proceed to ascertain the amount of such damages, and shall provide for the appraisement, assessment, collection and payment

Application for damages, where filed.

to pay.