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weapons, and to forthwith deliver the same to the Prisor. Keeper, who must deliver it to the Property Clerk, to be by him kept until other disposition be made thereof, according to law. All persons arrested for drunkenness, and who are in an apparently stupefied or senseless condition, shall be examined by a Police Surgeon, if there be one in attendance, before being placed in a cell, and if upon such examination such person shall not be found intoxicated, or if otherwise necessary, he or she shall be conveyed to one of the Receiving Hospitals and receive the proper medical treatment.

SEC. 5. No officer, member or employee of the Police Department shall be eligible to any other office while connected with such force, nor shall he take any part whatever in any convention held for the purposes of a political party; nor shall he be a member of any political club. No member of said police force shall interfere with politics on an election day, or at any other time while employed on said force. No member of said police force, while on duty, shall enter any liquor saloon, bar-room or place where liquors are retailed, except in the discharge of his duties. Any violation of any of the provisions of this section shall constitute a misdeameanor, and any officer, member or employee of said police force found guilty of the violation of the same shall be removed from office.

SEC. 6. No member of the police force shall engage in any other profession or calling, become bail for any person charged with any offense whatever, solicit counsel or attorneys for prisoners, receive any present or reward for services rendered, or to be rendered, unless with the knowledge and approbation of a majority of the Board, such approbation to be given in writing; nor be allowed pay for any period during which he shall absent himself from duty, unless such absence necessarily results from sickness or disability occasioned by injuries received in the discharge of his official duty.

SEC. 7. Any officer, member or employee of said force, asking for, soliciting, demanding, collecting or receiving, or causing or permitting others to do so for his benefit, any money or other thing, for guarding or protecting, or on pretence of so doing, the person or property of any person, shall be guilty of a misdeameanor and be dismissed from the service, except that special police officers shall be subject as to compensation and reward, to the provisions of Subdivision Fifth, of Section 2 of Chapter II, hereof.

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CHAPTER VI.

OF THE REMOVAL OF POLICE OFFICERS.

SECTION 1. Any officer, employee or member of the police force, other than the Chief of Police, guilty of any legal offense, neglect of duty, violation of rules, or neglect or disobedience of orders, or incapacity, or absence without leave, or conduct injurious to the public peace or welfare, or immoral conduct, or conduct unbecoming an officer, or any breach of discipline, shall be liable to be punished by reprimand, withholding pay for a specified time, or dismissal from the force; but no more than fifteen days' pay shall be forfeited or withheld for any one offense.

SEC. 2. Officers, employees, and members of the police force, other than the Chief of Police, shall be subject to removal or punishment for any of the reasons specified in the preceding sections, only upon trial before the Board of Police Commissioners. Charges of negligence, inefficiency, misconduct, oppression, or any of the causes in the preceding section specified, when presented by the Chief of Police, or a Captain, or a Sergeant of Police, or in a verified complaint, setting forth the specific acts complained of, shall be received and attentively considered and determined by the Board, giving to the accused such reasonable notice as it may prescribe, and an impartial hearing in defense; and upon such hearing the accused shall have the right to be heard in person or by counsel. Upon any trial, as provided for in this section, it shall be the duty of the Board to furnish the accused with all reasonable facilities for the conduct of his defense, and to secure to him, free of charge, the attendance of all witnesses reasonably necessary for his defense.

The Chief of Police, for official misconduct, may be punished or removed from office, as otherwise provided in this Charter, or by law.

CHAPTER VII.

OF LOST OR STOLEN PROPERTY.

SECTION 1. All property or money alleged or supposed to have been feloniously obtained, or which has been lost or abandoned, and which shall hereafter be taken into the custody of any member of the police force or any Criminal Court in the city and county of San Francisco, or which shall come into the custody of any Police Judge, shall be by such member, Judge, or Court, given into the custody of, and kept by the Property Clerk. All such property and money shall be

particularly registered by such Clerk, in a book kept for that purpose, which shall contain also the record of the names of the persons from whom such property or money was taken, the names of all claimants thereto, the time of the seizure, and any final disposition of such property and money.

SEC., 2. Whenever property or money shall be taken from persons arrested, and shall be alleged to have been feloniously obtained or to be the proceeds of crime, and whenever so brought with such claimant and the person arrested before some judge or court for adjudication, and the judge or court shall be then or there satisfied from evidence that the person arrested is innocent of the offense alleged, and that the property rightfully belongs to him, said Court or Judge may thereupon, in writing, order such property or money to be returned, and the Property Clerk, if he have it, to deliver such property or money to the accused personally, and not to any attorney, agent, or clerk of such accused person.

SEC. 3. If any claim to the ownership of such property or money shall be made on oath before such judge or court, by or on behalf of any person other than the person arrested, and the said accused person shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk until the discharge or conviction of the person accused.

SEC. 4. All property or money taken on suspicion of having been feloniously obtained, or being the proceeds of crime, and for which there is no other claimant than the person from whom such property was taken, and all lost property coming into the possession of any member of said police force, and all property and money taken from pawn-brokers as the proceeds of crime, or by any such member taken from persons supposed to be insane, intoxicated, or otherwise incapable of taking care of themselves, shall be transmitted as soon as practicable to the Property Clerk.

SEC. 5. All property and money that shall remain in the custody of the Property Clerk for the period of one year, without any lawful claimant thereto, after having been three times advertised in the official newspaper of said city and county, shall be sold at public auction, and the proceeds of such sale shall be paid into the Treasury of said city and county to the credit of the General Fund; provided, however, that whenever it may be necessary to use such property as evidence upon any criminal prosecution, the same shall not be sold or disposed of, as herein authorized, until the occasion for the use thereof, as evidence, shall have ceased, and thereupon it shall be disposed of as hereinbefore provided; provided, further, however, that the Board of Police Commissioners, except where herein otherwise expressly provided, may order, in writing, said Property Clerk to restore any of said property to the lawful owner thereof; and provided, further, that whenever it shall appear to the Board to be for the best interest of the public, it may direct the destruction of such of said property as shall consist of lottery tickets, obscene literature, or of implements and property used in the commission of crime; and provided, further, that the proceeds of property taken as aforesaid from persons supposed to be insane, shall not permanently become part of said Fund until after the expiration of two years from the time when the same shall come into the Treasury; it shall be the duty of the Chief of Police and of said Board, immediately after the seizure or finding of any property of any such supposed insane person, to diligently endeavor to find out the guardian or other person lawfully entitled to the possession of such property, or the proceeds thereof, and to deliver the same to him; but if such person cannot be found and the proceeds of said property shall remain unclaimed for said period of two years, then the same shall permanently become part of said Fund.

SEC. 6. If any property or money placed in the custody of the Property Clerk shall be desired as evidence in any Police Court or other Court, such property shall be delivered to any officer who shall present an order to that effect from such Court. Such property or money, however, shall not be retained in such Court, but shall be returned to said Property Clerk, to be disposed of according to the provisions of this Article.

CHAPTER VIII.

OF THE POLICE LIFE AND HEALTH INSURANCE FUND.

SECTION 1. The Police Life and Health Insurance Fund shall consist of the moneys retained from the monthly salaries of the members of the police force, fines collected from members of said force, and such other moneys as may be contributed thereto by gift, devise, or bequest. Said Fund, together with all moneys in the Treasury of said city and county to the credit of said Fund at the time when this Charter goes into effect, shall be under the control and management of the Board of Police Commissioners.

SEC. 2. The Board shall from time to time, as in its judgment it may deem best, invest the moneys of the Police Life and Health Insurance Fund in such of the following securities as shall seem most safe and profitable: the bonds of the City and County of San Francisco; the bonds of the State of California; the bonds of the United States of America. The

securities shall be delivered to and held by the Treasurer of said city and county, who shall be responsible therefor on his official bond, and he shall have no power to deposit, pledge, or in any other way part with said securities, or the evidence thereof, except on the order of said Board. Upon making any such investment the Board shall immediately redort the same, with all particulars thereof to the Auditor.

SEC. 3. Upon the death of any member of said force, there shall be paid by the Treasurer, upon the order of said Board, after being audited by the Auditor, out of said Police Life and Health Insurance Fund, to the heirs of said deceased, the sum of one thousand dollars, for their sole and separate use and benefit forever; provided, however, that any Court of competent jurisdiction shall have the power to determine who are the legal heirs, should the question be contested.

SEC. 4. In case any member of the police force shall resign, by reason of bad health or bodily infirmity, occasioned in the line of duty, and his resignation for that reason shall be accepted by the Board of Police Commissioners, there shall be paid to him in like manner, from said fund, the amount of the principal sum which he shall have contributed thereto.

SEC. 5. In case of dismissal of any member of the police force for mere imcompetency, not coupled with any offense against the laws of the State, or of this Charter, or any ordinance of the Board of Supervisors, such officer shall be paid in like manner from said fund such amount as the Police Commissioners may award, not exceeding one-half of the sum he may have contributed to said fund.

SEC. 6. Any officer dismissed for neglect, or violation of duty, or upon conviction of any misdemeanor or felony, shall forfeit all claim upon said fund.

SEC. 7. In case such fund shall not be sufficient to pay the demands on it, such demands shall be audited and registered, and paid in their order out of the funds, as received; provided, however, that the city and county shall never be liable for any deficiency in said fund.

SEC. 8. The Property Clerk of said city and county shall before entering on the duties of his office, give bond, with good and sufficient sureties, in the sum of ten thousand dollars, to the city and county to be approved, as in cases of other official bonds, and be filed with the Auditor, and at all times keep the said bond good. All persons aggrieved by any official misconduct, or neglect, of said Property Clerk, shall have the right to maintain an action upon said bond, in their own name, for the recovery of such damages as they may have sustained, not exceeding the amount of said bond.

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