CHC 1979-01-16 - Laserfiche WebLink

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to the police department and because of Section 7-2. 7, the police department is put in a quandary as to whether or not this order has force and effect and is something that has to be carried out. The order is clearly illegal, there isn' t as much of a problem, but if the order is improper but not illegal, then you do have problem. In my situation, I can be fired tomorrow. I think that' s quite a hatchet hanging over my head to make sure that I do everything right. Section 7-2. 7 adds a second hatchet which I think is unnecessary. MR. SCHUTTE: Chief Paul, other than what your commission chairman Mr. Richards says, ask or request that we change or add, have you any additions that you would like to make in regards to this charter as it involves the police department, or your working ability? Are there any changes that you can foresee? CHIEF PAUL: Except for the items mentioned by the police commission chairman, I have found the charter a very good document to work with and a great improvement over past practice. MR. ISHIDA: Mr. Chairman, I would like to go a little bit more on this Section 7-2. 7. I think it is very crucial in our review. As far as the department is concerned, have there been any inter- pretation as to Section 7-2. 7. CHIEF PAUL: This is another problem for us. There has not been a definite interpretation, and the problem is to find out the intent of that section, we have had to go back to the old charter commission members and ask them what did you mean when you enacted this? The answer we 've gotten is in itself ambiguous. They told us that, verbally now, not in writing, they told us that even though the police department is supposed to be non-political and away from the authority of politicians who are able to try to get political advantage out of the department, they added that in as a catch-all to cover anything that might have been missed and I found that very hard to understand. This was the explanation I got and as I said, it' s not an official explanation. MR. ISHIDA: Has there been any interpretation from the administration, the mayor' s office, as to what this pro- vision means? CHIEF PAUL: Well, if we wanted an interpretation of that, we would have to go to the corporation counsel and the corporation counsel is appointed by the Mayor. So we prefer to take the route of going to the charter commissioners and find out from the source what was meant. MR. ISHIDA: Then it' is my understanding that as far as enforcement is concerned, there has been no official inter- pretation or instructions made of this provision? CHIEF PAUL: That is. correct. MR. ISHIDA: And you don' t know if either, whether the mayor' s office or anyone from that or any other department of the administration made any interpretation of this provision. - 17 -