The City shall maintain a Police Force and Fire Force, and the Mayor shall be executive head of both forces. If these Forces are or shall be placed in a department in accordance with the provisions of Section 77 of this Charter, the director of this department shall be their executive head under the direction of the Mayor.
(Effective November 9, 1931)
There shall be in the office of the executive head of the police force an Office of Professional Standards, consisting of one or more investigators appointed by the executive head of the police force, an administrator, and the Police Review Board. The executive head of the police force may designate an officer of the police force to administer the Office of Professional Standards, or an employee appointed to the position of Professional Standards Administrator in conformity with the civil service provisions of this Charter.
(Effective November 4, 2008)
The Police Review Board shall consist of seven (7) members appointed by the Mayor with the approval of the Council. The five members of the Police Review Board holding the office as of the effective date of this section may continue in office for the remainder of their terms. Two additional members shall be appointed for terms commencing on August 8, 2009. Terms of office for members of the Police Review Board shall be for four years. Vacancies shall be filled in the same manner as original appointments for the unexpired term.
The executive head of the police force may remove any member of the Board, upon notice and hearing, for neglect of duty or malfeasance in office.
Members of the Board shall receive compensation as may be established by the Council.
The Mayor shall designate annually one member of the board to serve as its chair.
The Board shall appoint personnel as its staff as it deems necessary.
Failure of the Council to act on a mayoral appointment within thirty (30) days of its submission shall constitute approval of the appointment.
(Effective November 4, 2008)
The Police Review Board shall receive, cause investigation of, and recommend resolution of complaints filed with it alleging misconduct by members of the Cleveland police force, when such misconduct is directed toward any person who is not a member of that police force. The misconduct complained of may include, but need not be limited to, the use of excessive or deadly force. The Board shall perform such other duties not inconsistent with the provisions of this Charter as may be required by the executive head of the police force. On its own complaint, the Board may cause investigation of incidents involving the use of deadly force by members of the police force and incidents resulting in the injury or death of persons in the custody of the police force.
In order to carry out its functions, the Board or any person authorized by it may compel the attendance of witnesses and the production of books, papers, and other evidence, and for that purpose may issue subpoenas or attachments, to be signed by the chairman of the Board, which shall be served and executed by any officer authorized to serve subpoenas and other processes. The Council shall provide by ordinance the penalty or penalties for contempt in refusing to obey any such subpoena or to produce such books, papers and other evidence.
Subject to the approval of the executive head of the police force, the Police Review Board shall make rules providing for the procedure of the Board and for the review of complaints filed with it. Rules of the Commission and amendments thereto shall take effect fifteen (15) days after their publication in the City Record.
(Effective August 8, 1988)
Under the general direction of the executive head of the police force, the officer or employee in charge of administering the Office of Professional Standards shall cause a full and complete investigation to be made of each complaint filed with the Board, except complaints which relate to matters or occurrences that are the subject of pending criminal proceedings. The investigation shall be confined to matters set forth in the complaint. Upon completion of an investigation, the administrator shall prepare a report and submit the report to the Police Review Board for its review and disposition.
Prior to recommending action on a complaint or to determining that a complaint warrants no action, the Board may, in its sole discretion, hold a hearing, pursuant to its rules.
If the Board decides that the complaint should be resolved by promulgation or amendment of rules and regulations established by the executive head of the police force pursuant to Section 116 of the Charter, the Board shall submit its recommendation to the executive head of the police force and shall notify the complainant of its disposition of his complaint.
If the Board decides that disciplinary action should be taken against any of the officers or employees under the management and control of the Chief of Police, the Board shall submit its recommendation to the Chief of Police. Within ten days after receipt of the Board's recommendation, the Chief of Police shall notify the Board in writing whether he has decided to suspend the officer or employee, pursuant to Section 119 of this Charter, and, if so, the period and the cause of the suspension. If the Chief decides to suspend the officer or employee and the Board concurs with the Chief as to the period and cause of the suspension, the Chief shall proceed to suspend the officer or employee in accordance with Section 119 of this Charter. If the Chief decides not to suspend the officer or employee, or if the Chief decides to suspend the officer or employee but the Board does not concur with the period or cause of suspension decided upon by the Chief, the Board, notwithstanding the provisions of Section 119 of this Charter to the contrary, may suspend the officer or employee. Irrespective of whether the Board suspends the officer or employee for ten working days or less, the board shall forthwith certify in writing the fact, together with the cause of the suspension, to the executive head of the police force, who shall proceed in accordance with the provisions of Section 119 of this Charter. The Board shall notify the complainant of its disposition of his complaint.
If the Board determines that the complaint warrants no action, the Board shall so notify the complainant.
(Effective August 8, 1988)
The Police Force shall consist of a Chief, three Deputy Chiefs of Police, eleven Commanders of Police, and such other officers, patrolmen and employees as may be provided by ordinance or resolution of the Council. The Mayor may appoint a fourth Deputy Chief of Police to protect the people from homeland security threats and a twelfth Commander of Police for community policing. In case of riot or like emergency the Mayor may appoint additional patrolmen and officers for temporary service who need not be in the classified service. The Chief of Police, the Deputy Chiefs of Police, and the Commanders of Police shall be appointed by the Mayor from the division of police or they may be persons appointed from outside the division who shall have had training and experience in law enforcement and they shall serve at the pleasure of the Mayor; provided, however, that the Mayor shall appoint to the positions of Deputy Chief of Police and Commander of Police from among persons recommended by the Chief of Police with the concurrence of the executive head of the police force if such executive head be other than the Mayor. The Council may, by ordinance, direct the Mayor to make appointments of minorities to the positions of Deputy Chief of Police and Commander of Police. Upon the termination of their service as Chief of Police, Deputy Chief of Police, or Commander of Police they shall, if appointed from the division of police, revert to the civil service status held by them at the time of their appointment, in so far as it is competent for this charter so to provide. The Chief of Police shall have exclusive control of the stationing and transfer of patrolmen and other officers and employees constituting the Police Force, under such rules and regulations as may be established by the Mayor or by the director of the department to whom the Chief of Police may be immediately responsible.
(Effective November 2, 2004)
No person shall act as a special policeman, special detective or other special police officer for any purpose whatsoever, except upon written authority from the Mayor or from the director of the department of which the Police Force may be a part. Such authority shall be exercised only under the direction and control of the Chief of Police and for a specified time, not to exceed six months.
(Effective November 9, 1931)
The Fire Force shall consist of a Chief and such other officers, firemen and employees as may be provided by ordinance or resolution of the Council. In case of riot, conflagration, or like emergency the Mayor may appoint additional firemen and officers for temporary service who need not be in the classified service. The Fire Chief shall have exclusive control of the stationing and transfer of all firemen and other officers and employees constituting the Fire Force under such rules and regulations as may be established by the Mayor or by the director of the department of which the said Fire Chief may be immediately responsible.
(Effective November 9, 1931)
The Chief of Police and Fire Chief shall have the exclusive right to suspend any of the officers or employees who are in the classified service and are under their respective management and control, for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. Prior to suspending any officer or employee of the police force, the Chief of Police shall ascertain whether a complaint on file with the Police Review Board relates to the conduct of the officer or employee in question. If so, the Chief of Police shall not suspend the officer or employee unless the Police Review Board concurs with the Chief's decision, in accordance with Section 115-4 of this Charter.
If the Chief of Police or the Chief of Fire suspends an officer or employee under his control for a period not to exceed ten (10) working days, the Chief's decision shall be final.
If the Chief of Police or Chief of Fire suspends any officer or employee under his control for more than ten (10) working days, the Chief concerned shall forthwith in writing certify the fact, together with the cause for the suspension, to the director of the department to whom he may be responsible, or if there be no such director then to the Mayor, who within five days from the receipt of such certificate shall, either personally or through a hearing officer appointed by the Director or the Mayor, hold a hearing into the cause of the suspension in accordance with the requirements of due process of law and render judgment thereon, which judgment, if the charge be sustained, may be suspension, reduction in rank, or dismissal and such judgment shall be final, except as otherwise hereinafter provided. If a hearing officer is used, and the Mayor or the Director of the department to whom the Chief may be responsible shall promptly upon receipt of the hearing officer's report and recommendations review the report and recommendations of the hearing officer and render a decision. The Director or the Mayor shall cause a copy of the written certification of suspension by the Chief and the cause giving rise to such suspension, the hearing officer's report and recommendations, and the decision of the Mayor or the Director to be filed with the Civil Service Commission. The Director or a hearing officer in any such hearing shall have the same power to administer oaths and secure the attendance of witnesses and the production of books and papers, as is conferred upon the Mayor, or the Council or a committee thereof by this Charter.
(Effective August 8, 1988)
The Mayor shall have the exclusive right to suspend the Fire Chief for incompetence, gross neglect of duty, gross immorality, habitual drunkenness, failure to obey orders given by the proper authority, or for any other just and reasonable cause. If such Chief be so suspended, the Mayor shall forwith certify the fact, together with the cause of such suspension, to the Civil Service Commission, who within five (5) days from the date of the receipt of such notice shall proceed to hear such charges and render judgment thereon, which judgment shall be final.
(Effective November 6, 1951)
Any person in the classified service, who is suspended for more than three (3) days, demoted, or dismissed from the service of the City, may file a written appeal from the decision to the Civil Service Commission within ten days from and after the date of the suspension, demotion, or dismissal. The director of the department involved, upon notice from the Commission of the appeal, shall transmit to the Commission a copy of the charges and proceedings. The Commission shall set the appeal for hearing within thirty days from and after the filing of the same with the Commission, and may affirm, disaffirm or modify the judgment of the director, and the judgment of the Commission in the matter shall be final.
(Effective November 4, 2008)
The director of the department immediately in charge thereof or the Mayor, shall classify the police and fire service of the City, in conformity with the ordinance of the Council concerning the number of persons to be employed therein, and shall make rules for the regulation and discipline of such service except as hereinbefore provided.
(Effective November 9, 1931)
The Council may provide by general ordinance for the relief, out of the police or fire funds, of members of the police and fire service temporarily or permanently disabled in the discharge of their duties. Nothing herein shall impair, restrict, or repeal any provision of general law authorizing the levying of taxes to provide for firemen, policemen and sanitary police pension funds, and to create and perpetuate boards of trustees for the administration of such funds.
(Effective November 9, 1931)