§ 1932. Negligence of officer; suspension; hearing

(a) Whenever it appears to the appointing authority by its own knowledge or when informed by a written petition signed by one or more responsible persons that any regular officer has become negligent or derelict in the officer's official duty, or is guilty of conduct unbecoming an officer, the appointing authority shall set a date for a hearing before the legislative body upon the complaint, and shall give at least seven and not more than 15 days, written notice to the accused officer stating particularly the complainant, the charges against the officer, and the time and place of hearing. The legislative body may suspend such officer from duty pending a hearing.

(b) The officer is entitled to be represented by counsel, to answer the complaint, and to be heard on the charges. He or she may waive in writing his or her right to a hearing.

(c) The officer may file with the Criminal Division of the Superior Court having territorial jurisdiction of such municipality and with the legislative body, at least 24 hours before the time set for said hearing, a notice of election to have the cause heard before said court. If such notice is duly filed, the Criminal Division of the Superior Court shall set the matter for hearing within ten days from the filing of said notice and shall give at least five days' written notice to the legislative body and the officer of the time and place of hearing. The court shall determine the facts and certify its findings, which shall be final, to the legislative body.

(d) If the legislative body or the Criminal Division of the Superior Court, as the case may be, finds after considering all the evidence offered in such hearing, that the officer is guilty of the charges as offered, the legislative body shall have the power by majority vote to remove the officer or to suspend him or her without pay for a period of time not to exceed 60 days.

(e) Any officer found not guilty of the charges offered against him or her by either the Criminal Division of the Superior Court or the legislative body shall have restored to the officer pay lost through suspension. (Amended 1963, No. 158; 1965, No. 194, § 10, eff. July 1, 1965, operative Feb. 1, 1967; 2009, No. 154 (Adj. Sess.), § 238.)