The San Francisco Call. Newspaper, April 3, 1898, Page 38

CHARTER FOR THE CITY A COUNTY OF SAN FRANCISCO. e o ORAMER RRRITHE GRS I ORGS0 the Police Department shall consist of Captains, who shall each receive an annual salary of twenty-four hundred dollars; Lieutenants, who shall each receive an annual salary of sixteen hundred and eighty dollars; Sergeants, who shall each receive an unnual‘salary of fifteen hundred dollars; and Corpor- 5, who shall each recelve an annual ¢ of fourteen hundred and four There shall be lone Cg‘ptearl: or each one hundred police officers. Erhe duties of Captains shall be defined by the rules and regulations of the ners and by the orders of the f of Police. 3 ‘ There shall be one Lieutenant - fifty police officers. The du- of the Lieutenants shall be defined rules and regulations of the by the orders of the , and by the orders of ive Captains. e shall be as many Ser- the judgment of the Com- 1y be advisable, not to ex- cant for every ten police of Sergeants shall be defined by the rules and regulations of the Commissione the orders of the Chief of Police, and the orders of their ns and Lieutenants. " . shall be as many Cor- 1s in the judgment of the Com- be advisable. The du- shall be defined b~ the tions of the Commis- of the Chief of Po- ders of their respective -nants and Sergeants. “hief of Police may detail such members of he may select, not He shall desig- >olice to act as Cap- n over the officers so detailed who ] receive an annual salary of three and dollars. Such Captain shall “aptain of Detectives, and his »fined by the Commis- Chief of Police. The tailed shall be known Detective Sergeants. id Detective Sergeants shall annual salary of eighteen dol Th may be re- »d at any time frem such detail by the Chief of Police. Their duties shall be defined by the rules and regulations of the Commissioners, by the orders of the Chief of Police, and by the orders of the Captain of Detectives. CHAPTER VI Police Officers. SECTION 1. The Police Force of the and County &hall not exceed one each five hundred in- Police Officers shall salary of twelve hun- anty-four dollars. Police Officer shall, st of any person charged with the c ission of crime, search the person of such offender, and take from him all property and weapons, A forthwith deliver the same to the keepe who must deliver the o to the Property Clerk, to be kept him until other disposition be made f geants missioners m Sec, 6. The for detective dutle: the Department to exceed twenty-five. nate a Captain of t. upon the their office. CHAPTER VIIL e of Promotions, Suspensions, Dismissals and Disratements. SECTION 1. All promotions in the Department shall be from the next lower rank, seniority of service and ritoricus public service being con- £ 2. Any member of the Depart- ment guilty of any offense, or violatien of rules and regulations, shall be liable to be punished by reprimand, or s fine to be fixed by the Commission- r by dismissal from the Depart- : but no fine shall ever be imposed any one time for any offense ex- ceeding one month’s salary. Sec. 3. No member of the Department shall be subject to dismissal for any cause, or to punishment for any breach of duty or misconduct therein, except a fair and impartial trial before i ners upon a verified com- t filed with the Board setting forth fically the acts complained of, and a such reasonable notice to him of the time and place of hearing as the Board may by rule prescribe. The ac- ed sh ng to appear personally and by coun- ; to have a public trial; and to se- d enforce free of expense to him lance of all witnesses neces- sary for his defense. CHAPTER VIIL Unclaimed and Stolen Property. SECTION 1. All property or money taken under suspicion of having been stolen or feloniously obtained, the re- sult of crime or constituting:the pro- reeds of crime, and all property or money taken from intoxicated or in- Sane persons, or other persons incapa- ble of taking care of themselves, or | property or money lost or abandoned that may in ¥ way come into the | possess or custody of any member | of partment, or of any Criminal Court or Judge of the City and shall be delivered to the Prop- rk, who shall enter in a Record , to be kept by him for that pur- e, a full and explicit description of the same, together with the name of the person or persons from whom re- celved, the names of any claimants thereto, the time of the seizure, and the final disposition thereof. Sec. 2. When property or money taken from any person arrested, or otherwise under suspicion of having been feloni- ously obtained, or of being the proceeds of crime, is brought with the claimant thereof and the person arrested, before a court for examination and adjudica- tion, and the Court shall adjudge that the person arrested is innocent of the offense alleged, and that the property or money belongs to him, it shall or- der such property or money returned to the accused. and the Property Clerk shall thereupon deliver such property or money to him personally, but not to his attorney or agent. If upon such hearing the accused shall be held for trial or examination, such property or money shall remain in the custody of the Property Clerk untll the discharge or conviction of the person accused. Sec. 3. All unclaimed property and money that has been in the custody of the Property Clerk for one year shall be sold at public auction. after having been five times advertised in the official newspaper; and the proceeds of such sale shall be nald ipto the treasury to the credit of the Police Relief and Pen.. sion Fund. In no case shall such prop- erty be sold or disposed of until the ne- cessity for the use thereof as evidence has ceased. The proceeds of property | taken from insane persons not become part of such Fund unti] after the expiration of three years from the time the same is pald into the treasury; but_the Commissioners and the Chief of Police shall. during such period make diligent inquiry to ascertain the person or persons to whom the same | shgu]d by right be payable. Sec. 4. If any property or mone: the custody of the Property Clerk hgrzfl auired as evidence In any Court. it .shall be delivered to any officer who shall present an order in writing to that effect from such Court, and the Clerks of such Court shall be responsi- ble for'the safe delfvery of such prop- ertv or money to the Property Clerk. Sec. 5. All valuables and money in * the custody of the Proverty Clerk shall be deposited by him for safe keeping with the Treasurer in such manner and subject to such rules and regulations as may be prescribed by the Board. CHAPTER IX. Present Police Force. © SECTION 1. All members of the resent Police Force in good standing n the Department at the time this Charter goes into effect, and the Park Peolice, shall continue therein without 11 be entitled upon such hear- | | civil Service examination; but all new appointments and all promotions made after this Charter shall go into effect shall be subject to and governed by Article XIII of this Charter. CHAPTER X. Police Relief and Pension Fund. SECTION 1. In order to continue in| force and make effectual pensions already existing in favor of the Police | Force, a Fund is hereby created to be known and_ designated as the Police | Relief and Pension Fund. The Board | of Police Commissioners and its suc- | cessors in office shall constitute a Board of Trustees of said Fund. | Sec. 2. The Board of Police Com- missioners may, by a unanimous vote, retire and relieve from service auy | aged, infirm or disabled member of the Department who has arrived at lheJ age of sixty-five years, and who, apon | an examination by two regularly cer- tificated practicing physiciansappointed | by the Commissioners for that pur-| pose, may be ascertained to be by rea- | son of such age, infirmity or other dis- | ability, unfit for the performance of his | duties. Such retired member shall re- | ceive from the Police Rellef and Pen-( sion Fund a monthly pension equal toi one-half of the amount of the salary | attached to the rank held by him three | years prior to the date of his retire- | ment. No such pension shall be paid unless such person. has been an active | member of the Department for twenty | years. continuously next preceding his | retirement, and the same shall cease at his death. Sec. 3. Any member of the Depart- ment who shall become physically dis- abled by reason of any bodily injury | received in the performance of his | duty, upon his filing with the Commis- | stoners a verified petition setting fnrlh{ the facts constituting such disability and the cause thereof, accompanied by a certificate signed by the Chief of Po- lice, the Captain of the Company to which he belongs, and by two regularly certificated physicians of the City and County recommending his retirement upon a pension on account of such dis- | ability, may be retired from the De- | partment upon an annual pension | equal to one-half the amount of salary | attached to the rank which he may | have held three years prior to the date | of such retirement, to be paid to him during his life and to cease at his death. In case his disability shall cease | | his pension shall cease, and he shall be | restored to the service in the rank he | | occupied at the time of his retirement. | | Sec. 4. The Commissioners shall, out of the Police Relief and Pension Fund, provide for the family of any officer, | member or employe of the Department | who may be killed while in the per- | formance of his duty, as follows: | | First—Should the decedent be mar- | ried, his widow shall as long as she may remain unmarried be paid a monthly pension equal to one-half of the salary | attached to the rank held by the de- | cedent at the time of his death. | Second—Should the decedent leave no widow, but leave an orphan child or | children under the age of sixteen years, | such children shall collectively receive a pension equal to one-half the salary | attached to the position held by their father at the time of his death, until the youngest attains the age of sixteen | | years. | Third—Should the decedent leave no | widow and no orphan child or children, | but leave a parent or parents depend- ing solely upon him for support, such | parents, so depending, shall collectively receive a pension equal to one-half the | salary attached to the position held by | the decedent at the time of his death, during such time as the Commissioners may unanimously determine its mne- cessity. | Sec. 5. Any person recelving a pen- | sion as aforesald from the Police Relief and Pension Fund, who shall be con- victed of felony, shall become dissi- pated, an habitual drunkard, or shall become a non-resident of this State, shall forfeit all right to said pension. Sec. 6. When any member of the De- partment shall, after ten years’ service, die from natural causes, then his wid- ow, and If there be no widow, then his children, or if there be no widow or| children, then his mother if dependent | upon him for support, shall be entitled | to a sum equal to the amount retained by the Treasurer from the pay of such | deceased member and paid into the Re- | lief and Pension Fund; but the provi- | sions of this section shall not apply to | any member of the Department who | shall have received any pension under | | the terms of this Chapter. Sec. 7. The Commissioners shall make | rules and regulations to carry out the | | provisions of this Chapter and to en- | | force compliance therewith on the part | | of the members ofythe Department. It shall make up an estimate every year | of the amount required to pay all de- | mands on the Police Relief and Pension | Fund for the succeeding fiscal year,and certify the same to the Supervisors in | connection with and as a part of the annual appropriation for the Police Department. Sec. 8. The Commissioners may, on notice to the Chief of Police, reward any member of the Department for conduct which is heroic or meritorious. The form or the amount of such reward shall be discretionary with the Board; but it shall not exceed in any one in- stance one month’s salary. Sec. 9. The Board of Police Pension Fund Commissioners shall hoid quar- terly meetings on the first Mondays of April, July, October and January of each year, and upon the call of its President. It shall isSsue warrants, | signed by its President and Secretary, to the persons entitled thereto, for the | amount of money ordered paid to such | persons from the Relief and Pension Fund. Each warrant shall state for what purpose the payment is made. | _The Board of Police Pension Fund | Commissioners shall keep a public rec- ord of its proceedings. It shall at each | quarterly meeting send to the Treas- |urer and to the Auditor a written or | printed list of all persons entitled to payment from the Relief and Pension | Fund, stating the amounts of such | payments, and for what granted. Such list shall be certified and signed by the President and Secretary of the Board. | The Auditor shall thereupon enter a | copy of such list upon a book to be kept | for that purpose which shall be known | as The Police Relief and Pension Fund Book. All warrants signed by the | President and Secretary of the Board | shall be presented to the Auditor, and | be audited and ordered paid by him | out of said Fund. Sec. 10. The Board of Police Pension Fund Commissioners shall possess the powers vested in the Board of Police Commissioners to make rules and regulations for its guidance. It may appoint a Secretary, and provide for the payment from said Fund of all | its necessary expenses, not exceeding | fifty dollars for any one month, includ- ing the salary of the Secretary and | printing. No compensation shall be | pald to any member of the Board for | any duty required or performed as Po- | lice Relief and Pension Fund Commis- | stoner. Sec. 11. The Supervisors shall annu- ally, when the tax levy is made, direct | the payment into the aforesaid Fund of | the following moneys: 1. Not less than flve nor more than | ten per centum of all moneys collected | and received from licenses for the keeping of places where spirituous, :m:‘;(lit or other intoxicating iquors are | sold. | 2. One-half of all moneys recetved from taxes or from licenses upon dogs. | -3. All moneys received from fines imposed upon members of the Police Department for violation of law or the rules or regulations thereor. 4. All proceeds of sales of unclaimed property. 5. Not less than one-fourth nor more than one-half of all moneys received from licenses from pawnbrokers, bil- llard hall keepers, dealers In second- hand merchandise, and from junk stores. 6. All moneys received from fines for carrying concealed weapons. 1 | the Board may prescribe. | tions in the Department must be eciti- 7. Twenty-five per centum of all fines collected in money for violation of any ordinance. 8. All rewards to members of the Po- lice Department, except such as shall be excepted by the Commissioners. 9. The Treasurer shall retain from the pay of each member of the Police Force two dollars a month, which shali be forthwith paid into the Police Reliet and Pension Fund. No other or further retention or reduction shall be made from such pay for any other fund or purpose unless the same is herein au- thorized. Sec. 12. When a request is made for regular policemen to be detailed at any place of amusement or entertainment, ball, party or picnic, the party or per- son making such request shall first de- posit two dollars and fifty cents for each man so detalled with the Property Clerk of the Department, who shall glve him a receipt for the same, and such sum shall be at once paid into the treasury to the credit of the Police Re- lief and Pension Fund. Sec. 13. On the last day of June of each year, or as soon thereafter as practicable, the Auditor shall make a report to the Supervisors of all moneys paid out of such Fund during the pre- vious year, and of the amount then to the credit of such Fund. The surplus then remaining in such Fund exceeding the average annual amount paid out of such Fund during the three years next preceding shall be transferred to and become a part of the Surplus Fund, and shall be no longer under the control of the Board, or subject to its order. Pay- ments provided for in this Chapter shall be made quarterly upon proper vouchers. When in any one year a de- ficiency shall exist in such Fund, such deficiency shall be vrovided for and made good by the Supervisors in their next ensuing tax levy. ARTICLE IX. FIRE DEPARTMENT. CHAPTER 1. Organization and Powers. SECTION 1. The Fire Department shall be under the management of a Board of Fire Commissioners consist- ing of four members, who shall be ap- pointed by the Mayor, and each of whom shall receive an annual salary of twelve hundred dollars. No person shall be appointed a Fire Commission- er who shall not have been an elector of the City and County for at least five years next preceding his apponintment. | Sec. 2. The Board shall never be so constituted as to consist of more than two members of the same political party. The term of office of the Com- missioners shall be four years. Those first appointed shall so classify them- selves by lot that they shall respective- ly go out of office at the expiration of | one, two, three and four years. Sec. 3. The Commissioners shall be successors in office of the Fire Commis- sioners holding office in the City and County at the time this Charter shall g0 into effect by virtue of appointment under any statute or law of this State. Sec. 4. The Commissioners shall or- ganize by electing one of their number President who shall hold office for one year. The Board may appoint a Secre- tary whe shall perform such duties as He shall re- ceive an annual salary of twenty-four hundred dollars. The Board shall meet at least once a week, and as often as the business of the Department may require, and all its meetings shall be public. Sec. 5. The Board shall organize the Department, create and establish such fire companies as it may deem neces- sary, prescribe the number and duties of the officers, members and employees of the Department, and the uniforms | and badges to be worn by them; have control of all the property and equip- ments of the Department, and exercise full power and authority over all ap- propriations made for the use of the Department. Sec. 6. All persons appointed to posi- zens of the United States, not less than twenty-one nor more than thirty-five years of age, of good character = for honesty and sobriety, able to read and | write the English language, residents of the City and County at least five vears next preceding the date of their appointment, must pass a medical ex- amination under such rules and regu- lations as may be prescribed by the Commissioners, and upon such exam- ination be found in sound bodily health. Sec. 7. No officer, member or employee of the Department shall be appointed, transferred, or removed because of his political opinfons, nor shall he be transferred or dismissed except for cause, nor until after a trial before the Commissioners. Sec. 8. The Commissioners shall see that the officers, members and em- plovees of the Department faithfully discharge their duties, and that the laws, ordinances and regulations per- | taining to the Department are carried | into effect. The Board shall make such rules and regulations as may be neces- | sary to secure discipline and efficiency in the Department, and for any viola- tion of such rules and regulations may impose reasonable fines upon the of- ficers, members and employees of the Department, or may suspend any of them for such reasonable time as the Board may by rule prescribe. Such fines shall be deducted from the month- ly warrants of the officers, members and employees upon whom they are imposed, and shall be transferred by the Treasurer to the Firemen’s Relief and Pension Fund. Sec. 9. The Clerk and Commissary of the Fire Department Corporation Yards shall not deliver any supplies or stores of the Fire Department except upon an order signed by the Chief En- gineer and the Secretary of the Com- missioners; but during a conflagration, such material or apparatus as may be required for the purpose of extinguish- ing such conflagration may be with- drawn from said Corporation Yards by order of the Chief Engineer, or by any officer in charge of the force of the Department at such conflagration. Sec. 10. No member or employee of the Fire Department shall be engaged in any other employment. CHAPTER IL Dutles of the Commissioners. SECTION 1. The Board of Fire Com- missioners shall immediately after their appointment and qualification proceed to reorganize the Fire Department in conformity with the provisions of this Charter. In so doing the Board shall make its appointments of officers and members from the persons constituting the force in the service of the Fire De- partment at the time this Charter goes into effect. Such officers and members shall not be required to pass any Civil Service examination. All future ap- pointments and promotions shall be made subject to the provisions of Arti- cle XIII of this Charter. If any reduc- tion is made in the force of the Depart- ment, the Commissioners may tempo- rarily discharge those persons, whose discharge shall be most conducive to the efficient reorganization of the De- partment, but in case of a subsequent increase of the force, those temporarily discharged shall be reappointed without Civil Service examination and assigned to the same rank in which they were at the time of their discharge. Sec. 2. No officer, member or em- ployee of the Department shall be dis- missed or transferred except for cause nor untll after a trial. The accused shall be furnished with a written copy of the charges against him at least three days previous to the day of trial. He shall Jhave the right to appear in person d by counsel and examine witnesses in his behalf. All witnesses shall be examined under oath, and all trials shall be public. Sec. 3. When any officer, member or employee of the Department shall be- come temporarily disabled by reason of injuries received while in the actual performance of his duty therein so as to incapacitate him from performing his duty, the Commissioners shall allow his salary during the continuance of such temporary disability. Sec. 4. The Commissioners shall see that all contracts awarded and work done for the Department are faithfully performed, and shall, upon the award- ing of any such contract, exact an ade- quate bond for the prompt and faithful performance of the same. 4 The provisions of Article II, Chapter IIL, of this Charter, in regard to the ad- vertising for proposals, the affidavit and security accompanying the same, the presentation and opening of pro- posals, the aw rding thereof, shall, so far as the same can be made applicable, apply to all pro- posals and contracts made, awarded or entered into for furnishing Supplies to the Fire Department. Any contract made in violation of any of the provi- slons of this Chapter shall be void. CHAPTER IIL The Chief Engineer. SECTION 1. The Board of Fire Com- missioners shall appoint a Chief Engi- neer, who shall be charged with the special duty of superintending the ex- tinguishment of fires. The Chief En- gineer shall be the chief executive offi- cer of the Fire Department, and it shall be his duty and that of the Assistant Chief Engineers and of the Battalion Chiefs to see that all laws, orders, rules and regulations in force in the City and County, or made by the Commissioners concerning the Fire Department, are enforced. Sec. 2. The Chief Engineér may sus- pend any subordinate officer, member or employee of the Department for in~ competency, or for any violation of the rules and regulations of the Fire De- partment, and shall forthwith report in Wwriting such suspension, with his rea- sons therefor, to the Commissioners for their action. He shall diligently ob- serve the condition of the apparatus and workings of the Department ana report in writing thereon at least once & month to the Board and make such recommendations and suggestions re- specting the same as he may deem proper. In the absence or inability ot the Chief Engineer, an Assistant Chief Engineer shall perform his duties. Sec. 3. The Chief Engineer, or, in his absence, the Assistant Chief Engineers, or, in their absence, any Battalion Chief in charge may, during a conflagration, cause to be cut down or otherwise re~ | moved any buildings or structures for | the purpose of checking the progress ot such conflagration. Fire Companies. SECTION 1. Each Steam Fire En- gine Company shall be composed of not more than one Captain, one Lieutenant, one Engineer, one Driver, one Stoker and five Hosemen. Each Hook and Ladder Company shall be composed of not more than one Captain, one Lieutenant, one Driver, one Tillerman and eight Truckmen. Each Chemical EngineCompany shall be composed of not more than one Cap- tain, one Lieutenant, one Driver and one Hoseman. Each Water Tower Company shall be composed of not more than one Cap- tain, one Driver and one Hoseman. Each Fire Boat Company shall be composed of not more than one Cap- tain, one Licutenant, one Engineer, one Assistant Engineer, two Firemen, one Pilot and twelve Hosemen. CHAPTER V. Fire Marshal. SECTION 1. The Board of Fire Com- missloners, on the written recom- mendation of the Board of Directors of the corporation known as the Under- writers’ Fire Patrol of San Francisco, may appoint such persons as may be | recommended by said Board of DIi- rectors as Fire Marshal and Assistant Fire Marshal. Vacancies occurring in the office of Fire Marshal or Assistant Fire Marshal shall be filled in the same manner. The salaries of said Fire Mar- shal and of his assistant and deputies shall be fixed and paid by said Board of Directors of said Underwriters’ Fire Patrol of San Francisco, and In no event shall the City and County be liable therefor or any part thereof. Sec. 2. The Fire Marshal or, in case of his disability, the Assistant Fire Marshal shall attend all fires which may occur in the City and -County, and he shall take charge of and protect all property which may be ' imperiled thereby. Sec. 3. The Fire Marshal may call upon policemen during the time of any fire for the purpose of protecting prop- erty until the arrival of the owner or claimant thereof, and in case the owner or claimant of such property does not take charge of the same within twenty- four hours, the Fire Marshal may have such property stored at the owner’s or claimant’s expense. Sec. 4. The Fire Marshal shall be charged with the enforcement of all laws and ordinances relating to the storage, sale and use of oils, combus- tible materials and explosives, together with the investigation of the cause of all fires. In all cases where there is reason to belleve that fires are the re- sult of crime or that crime has been committed in connection therewith, the Fire Marshal must report the same in writing to the District Attorney. The Fire Marshal shall also have the care of, and may sell, subject to the orders of the Board of Fire Comniissioners, all property saved from fire for which no owner can be found, and at once pay the amount realized from any such sale into the treasury. He shall exercise the functions of a police officer. Sec. 5. The Fire Marshal shall have power to appoint deputies for inspect- ing buildings, but such deputies shall receive no compensation for their serv- ices from the City and County. CHAPTER VI Fire Wardens. SECTION 1. The Chief Engineer. As- sistant Chief Engineers, Battalion Chiefs and the Fire Marshal shali con- stitute a Board of Fire Wardens, with power to inspect and report to the Board of Public Works as to the safety of buildings and other structures within the City and County. CHAPTER VIIL Firemen’s Relief Fund. SECTION 1. In order to continue in force and make effectual pensions already existing in favor of firemen, a fund is hereby created to be known and designated as the Firemen’s Relief Fund. The Board of Fire Commission- ers of the City and County and its suc- cessors in office shall constitute a Board of Trustees of said Fund. The Board shall be known as the Board of Fire Pension Fund Commissioners. Sec. 2. There shall be annually levied, collected and apportioned to the Firemen’s Relief Fund a tax sufficient to meet and pay all demands upon said Fund, for the purposes set out in this Chapter. Sec. 3. The Commissioners may, by a unanimous vote, retire and relieve from service any aged, Infirm or disabled fireman of the Department who has ar- rived at the age of sixty-five years, and who, upon an examination by two regu- larly certificated practicing physicians appointed by the Commissioners for that purpose, may be ascertained to be by reason of such age, infirmity or other disability, unfit for the perform- ance of his duties. Such retired fire- man shall receive from the Firemen's Relief Fund a monthly pension equal to one-half of the amount of the salary attached to the rank held by him three years prior to the date of his retire- ment. No such pension shall be paid unless such person has been an active member of the Fire Department for twenty years continuously next pre- ceding his retirement, and the same shall cease at his death. Sec. 4. Any member of the Fire De- of contracts and the security for the performance | partment who shall become physically disabled by reason of any bodily in- Jury received in the performance of his duty, upon his filing with the Commis- sioners a verified petition setting forth the facts constituting such disability and the cadlse thereof, accompanied by a certificate signed by the Chief of the Fire Department, the Captain of the Company to which he belongs, and by two regularly certificated physicians of the City and County, recommending his retirement upon a pension onaccount of such disability, may be retired from the Department upon an annual pen- sion equal to one-half the .mount of salary attached to the rank which he may have held three years prior to the date of such retirement, to be paid to him during his life and to cease at his death. In case his disability shall cease his pension shall cease, and he shall be restored to the service in the rank he occupied at the time of his re- tirement. Sec. 5. The Commissioners shall, out of the Firemen’s Relief Fund, provide as follows for the family of any of- ficer, member or employee of the Fire Department who may be killed while in_the performance of his duty: First—Should the decedent be mar- ried, his widow shall as long as she may remain unmarried, be paid a monthly p.asion equal to one-half of the salary attached to the rank held by the decedent at the time of his death. Second—Should the decedent leave no widow, but leave an orphan child or children under the age of sixteen years, such children shall collectively receive a pension equal to one-half the salary attached to the position held by their father at the time of his death, until the youngest attains the age of sixteen years. Third—Should the decedent leave no widow and no orphan child or children, but leave a parent or parents depend- ing solely upon him for support, such parents, so depending, shall collectively receive a pension equal to one-half the salary attached to the position held by the decedent at the time of his death during such time as the Commissioners may unanimously determine its neces- sity. Sec. 6. Any person receiving a pen- sion from the Firemen’s Relief Fund, who shall be convicted of felony, or who shall become dissipated, an habit- ual drunkard, or who shall become a non-resident of this State, shall for- feit all right to said pension. Sec. 7. The Commissioners shall make rules and regulations to carry out the provisions of this Chapter and to en- force compliance therewith on the part of the members of the Department. It shall make up an estimate every year of the amount required to pay all de- mands on the Firemen's Relief Fund for the succeeding fiscal year, and cer- tify the same to the Supervisors in connection with and as part of the an- nual appropriation of the Fire Depart- ment. Sec. 8. The Board of Fire Pension Fund Commissioners shall hold quar- terly meetings on the first Mondays of April, July, October and January of each year, and upon the call of its President. It shall issue warrants, signed by its President and Secretary, to the persons entitled thereto, for the amount of money ordered paid to such persons from the Firemen’s Re- lief Fund. Each warrant shall state for what purpose the payment is made. The Board of Fire Pension Fund Com- missioners shall keep a public record of its proceedings. It shall at each quarterly meeting send to the Treas- urer and to the Auditor a written or printed list of all persons entitled to payment from the Relief Fund, stating the amounts of such payments and for what granted. Such list shall be certified and signed bv the Presi- dent and Secretary of the Board. The Auditor shall thereupon enter a copy of such list upon a book to be kept for that purpose which shall be known as the Firemen'’s Rellef Fund Book. All warrants signed by the President and Secretary of the Board shall be pre- sented to the Auditor, and be audited and ordered paid by him out of said Fund. Sec. 9. The Board of Fire Pension Fund Commissioners shall possess the powers vested in the Board of Fire Commissioners to make rules and regulations for its guildance. It may appoint a Secretary and provide for the payment from sald Fund of all its necessary expenses, not exceeding fifty dollars for any one month, including the salary of the Secretary and print- ing; but no compensation shall be paid to any member of the Board for any duty required or performed as Fire Pension Fund Commissioner. CHAPTER VIIIL Salaries. SECTION 1. The officers and mem- bers of the Fire Department shall re- ceive annual salaries as follows: Chief Engineer, four thousand dollars; First Assistant Chief Engineer, three thousand dollars; Second Assistant En- gineer, twenty-four hundred dollars; Battallon Chiefs, each twenty-one hun- dred dollars; Superintendent of En- gines, eighteen hundred dollars; the Clerk and Commissary of the Corpora- tion Yards, fifteen hundred dollars; Captains, each fourteen hundred and forty dollars; Lieutenants, each twelve hundred dollars; Engineers, each thirteen hundred and fifty dollars; Drivers, Stokers, Tillermen, Truckmen, Hosemen, and Stewards, for the first year of service, each nine hundred and sixty dollars; for the second year of service, each ten hundred and eighty dollars; and for the third year of ser- vice and thereafter each twelve hun- dred dollars; Hydrantmen, each ten hundred and eighty dollars; Superin- tendent of horses, twelve hundred dol- lars; Draymen, each nine hundred dol- lars; Hostlers, each seven hundred and twenty dollars; Watchmen, each nine hundred dollars; Pilots of Fire Boats, each twelve hundred dollars; Engineers of Fire Boats, each fifteen hundred dol- lars; Assistant Engineers of Fire Boats, each fourteen hundred and forty dol- lars; Firemen of Fire Boats, each nine hundred dollars. CHAPTER IX. Department of Electricity. SECTION 1. There is hereby created a Department of Electricity, which shall have charge of the construction and maintenance of the Fire Alarm and Police Telegraph and Telephone Sys- tems, and shall be under the control of a joint Commission composed of the Board of Fire Commissioners and the Board of Police Commissioners. Sec. 2. There shall be appointed by the Board of Fire Commissioners and Board of Police Commissioners, acting in joint session, a practical and skilled electrician, who shall be called the Chief of the Department of Electricity, and who shall have general supervision of the Department of Electricity. He shall receive an annual salary of twen- ty-four hundred dollars. Sec. 3. The Joint Commission may appoint such assistants as may be nec- essary to keep the electric and tele- phone systems in working order; but of those assistants appointed, no opera- tor or inspector shall receive more than twelve hundred dollars a year, and no repairer, lineman, batteryman or in- strument-maker shall receive a salary of more than ten hundred and eighty dollars a year. Sec. 4. The Fire Department and the Police Department shall each have sole control over its own systems and wires. Sec. 5. Any citizen, firm or corpora- tion may, for the purpose of police or fire protection, be connected with the Police or Fire Signal System, or Tele- phone or Telegraph System, upon mak- ing fair payment for the connection and use of the same. Such rates of payment shall be fixed by ordinance of the Supervisors; but no connection shall be made so as to interfere with the ‘use of the main line. Sec. 6. The Department of Electri- (‘:::y is also charged with the duty of en- reing all the rules, regulations, or- ders and requirements made by ordi- nance of the Supervisors in regard to the Inspection and supervision of elec- trical wires and appliances, and the currents: for furnishing light, heat or power in and upon streets and build- ings in the City and County, - ARTICLE X. DEPARTMENT OF PUBLIC HEALTH. SECTION 1. There shall be a De- partment of Public Health under the management of a Board of Health. The Board shall consist of seven members, five of whom shall be appointed by the Mayor, and who shall be regularly cer- tificated physicians of the City and County at the time of their appoint~ ment, and who must have been such for at least flve years next preceding their appointment. The Chief of Police and the President of the Board of Pub- lic Works shall be members of the Board by virtue of their office. The members of the Board shall serve without compensation. They shall elect one of their number President, and adopt such rules and regulations as may be necessary for the gevern- ment of the Board. Sec. 2. The appointive members of the Board shall hold office for four years. Those first appointed under this Charter shall so classify themselves by lot that one of them shall go out of of- fice at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. Sec. 8. The Board shall have the management and control of the City and County Hospitals, Almshouses, Ambulance Service, Municipal Hospi- tals, Receiving Hospitals, and of all matters pertaining to the preservation, promotion and protection of the lives and health of the inhabitants of the City and County; and it may determine the nature and character of nuisances and provide for their abatement. It shall have the sanitary supervision of the municipal institutions of the City and County, including jails, school houses and all public buildings; of the disposition of the dead; of the disposi- tion of garbage, offal and other offen- sive substances. Except as provided in Article II, Chapter III, of this Charter, it shall have exclusive control and disposition of all expenditures necessary in the in- stitutions under its immediate control. Sec. 4. The Board shall enforce all ordinances, rules and regylations which may be adopted by the Supervisors for the carrying out and enforcement of a good sanitary condition in the City and County; for the protection of the public health; for determining the nature and character of nuisances and for their abatement; and for securing the proper registration of births, deaths and other statistical information. It shall from time to time submit to the Supervisors | a draft of such ordinances, rules and regulations as it may deem necessary to promote the objects mentioned in this section. Sec. 5. The Board may appoint such officers, agents and employees as may be necessary for the proper and ef- ficlent carrying out and enforcement of the purposes and duties of the Board, and may fix thelr salaries and prescribe their duties. All appointments in the Department shall be made under the provisions of Article XITI of this Char- ter, and no person so appointed by the Poard shall be removed without cause. Sec. 6. The Board may anooint a Resident Physiclan of the City and County Hospital, who must be a regu- larly certificated physiclan and who must have been a resident of the City and County for at least five years next preceding his apyointment. He shall devote his time exclusively to the du- ties of his office. Sec. 7. The Board shall appoint for the City and County Hospital at least two visiting physicians and at least two visiting surgeons, who shall receive no compensation for thelr services, but who shall have the privilege of teach- ing students in their hospital wards. Any student who is actively engaged in the study of medicine shall have the benefit of clinical instruction in any of the hospital wards. Sec. 8. The Board may set aside one ward in the City and County Hospital for the treatment of confirmed inebri- ates. Sec. 9. The Board may appoint such undergraduates and other internes to the City and County Hospital as it may deem necessary. They shall be ap- pointed after a competitve examination by the Board in any or all branches of medicine and surgery, and shall receive board and lodging free for their ser- vices. They shall be under the control and direction of the Resident Physi- cian, who may remove any of them for neglect of duty, or for other good and sufficient cause, subfect to an appeal te. and final decisfon by, said Board. Sec. 1. The Board shall fix annually the salarifes of all officers and em- ployees of the Board. Such compensa- tion shall not exceed salaries paid for similar services in private institutions of like character. . Sec. 11. The ratio of employees to in- mates of any institution under the care of the Board shall not exceed that maintained by private institutions of like character. ARTICLE XI. DEPARTMENT OF ELECTIONS. CHAPTER L Board of Election Commissioners. SECTION 1. The conduct, manage- ment and control of the registration of voters, and of the holding of elections, and of all matters pertaining to elec- tions in the City and County, shall be vested exclusively in and exercised by a Board of Election Commissioners, consisting of five members, who shall be appointed by the Mayor, and shall hold office for four years. Each of the Commissjoners shall recelve an annual salary of one thousand dollars. Each member of the Bcard must be an elec- tor of the City and County at the time of his appointment and must have been such for five years next preceding such time. Those first appointed must, immediately after their appointment, so classify themselves by lot, that one shall go out of office at the end of one year, one at the end of two years, one at the end of three years, and two at the end of four years. . '{‘h: Mszyor shall not m: pointmert upon the Roard at an before thirty days prior to they ::,’:Z when such appointee is to take office. Two of the five members first anpoint. ed shall be chosen from each of the two political parties casting in the City and County the highest vote for Governor or Electors of President and Vice President, s the case may be, at the last preceding general election. The fifth member shall be chosen from the Dpolitical party casting the third highest such vote at such election, if there be snch third partv, ana if not, then at the discretion of the Mavor. Upon the expiration of the term of office of any Commissioner. the apvointee must be chosen from the same political party as the retiring Coramissioner., consistently Wwith the forezoing provisions as to equal renresentation at all times of the two political partles casting the high~ s:ffl;rret:t the E(‘fl.n:ral election Iast pre- 2 e aprointment preseribed in this sectlnn{n SReurnes See. 2. No memher of tha Roard. nor Reetstrar, nor Denutv Reclstrar shall dnring his term of nfre, he a memher of any convention the nurnosa of which i8 to nominate candidates for office: ror be elieible to anv other munininal office durine the term for which he shall have heen appointed, or for one year thereafter; mor act as officer of any election or primarv election: nor take part In any election except to vote and when nettng as Flection Com- missioner. at which time he shall per- form only such offirial duties as may he required of him by law and by this Charter. Sec. 3. The Commissioners shall or- ake any ap- ganize within ten days after thfah' ?;r pointment by choosing one af s number President. In case of fa are to agree, he shall be selected by i He shall hold office for one year "I“he until his successor is chosen. ue Board shall appoint & Reglstrar ool Voters who shall recelve an arfi: = salary of twenty-four hundred dol aof The Registrar shall be the Secretarg o the Board, and shall keep & recu‘re = its proceedings, and shall execu S orders and enforce all rules andhregterm tions adopted by the Board. The e of office of the Registrar shall be ears. 2 Sec. 4. The Board may &Dpfl{nl‘) 5‘)110&‘3 other clerical assistants as may de e cessary at a salary not to excee o hundred dollars a month each ftg o time actually employed. The Oma.- shall, by resolution adopted by &d R Jority vote of all its members a0¢ FC tered upon its minutes, designate i service to be rendered by such}:l sistants and the time for which tl ey" shall be employed. The time ntl en:"t ployment of such assistants shal "ot be extended except by like x'esolullc.r;l 4 the Board, and when a salary s ‘a_ have been once fixed it shall not be g This section is subject to the creased. provisions of Article XIII of this Charter. See. 5. All provisions of the general laws of this State respecting electlo?; shall be applicable to all elections hel in the City and County of San Fran'- cisco. All provisions of the general lJaws of this State respecting the reglstrntlox of voters shall be applicable to suc registration in the City and County. The Board of Election Commissioners must provide for preeinct registration so far as it can do so under the Con= stitution and laws of the State. CHAPIER IL f Municipal Elections. SECTION 1. There shall be held in the City and County of San Francisco on the first Tuesday after the first Monday of November in the year one thousand eight hundred and ninety- nine, and in every second year there- after, ’nnl electl(l)n to be known as the municipal election. At sa?d elections there shall be elected by the electors of the City and County the following officers: The Mayor, elghteen Supervisors, an Auditor, Treasurer, Assessor, Tax Collector, Recorder, City Attorney, District At- torney, Public Administrator, County Clerk, Sheriff, Coroner and four Police Judges. Each of the above officers shall be elected for two years, except the Police Judges and the Assessor, each of whom shall be elected for four years. The Superintendent of Public Schools shall be elected for four years, and the Justices of the Peace for two vears, at the same time that members of the Legislature are elected. Sec. 2. All of the officers of the City and County of San Francisco who shall be elected in the year one thousard eight hundred and ninety-eight, under existing laws, except the Superin- tendent of Public Schools and the Jus- tices of the Peace, shall hold office only until the hour of noon on the first Mon- day after the first day of January in the year nineteen hundred. Sec. 3. The officers first elected as aforesaid under this Charter shall take office at noon on the first Monday after the first day of January following. See. 4. The Mayor shall issue his proclamation and publish the same in the official newspaper for at least twenty days previous to the day in each year on which the municipal election is to be held under this Charter, calling upon the electors of the City and County to meet for the purpose of electing such officers as are provided for in this Charter, reciting in such proclamation the different officers to be elected at such election. s R s ARTICLE XIIL. ACQUISITION OF PUBLIC UTIL- ITIES. It is hereby declared to be the pur- pose and intention of the people of the City and County that its public utilities shall be gradually acquired and ulti- mately owned by the City and County. To this end it is hereby ordained: SECTION 1. Within one year from the date upon which this Charter shall go into effect, and at least every two years thereafter until the object ex- pressed in this provision shall have been fully attained, the Supervisors must procure through the City Engi- neer plans and estimates of the actual cost of the original conmstruction and completion by the City and County of water works, gas works, electric light works, steam, water or electric power works, telephone lines, street railroads and such other public utilities as the Supervisors or the people by petition to the Board may designate. In securing estimates of the original cost of the construction and completion of water works by the City and County, the Supervisors must procure and place on file plans and estimates of the cost of obtaining from all of the several available sources a sufficient and per- manent supply of good, pure water for the City and County, in order that propositions for the acquisition, con- struction and completion thereof, and the incurring of municipal indebtedness therefor, may be submitted to the elec~ tors of the City and County as herein after set forth. Sec. 2. After such plans and esti-: mates shall have been procured and! filed, the Supervisors shall, at as early a date as they may deem for the best interests of the City and County, enter into negotiations for the permanent ac- quisition by the City and County, by original construction, condemnation or purchase of such or any of said public utilities as they may regard most,.important to the City and County to be first acquired, and to formulate and submit to the electors of the City and County, at a special election, prop- ositions for the permanent acquisition and ownership thereof. Before submitting propositions to the electors for the acquisition by orig- inal construction or condemnation, of public utilities, the Supervisors must solicit and consider offers for the sala to the City and County of existing util- ities in order that the electors shall have the benefit of acquiring the same at the lowest possible cost thereof. Sec. 3. When a petition or petitions signed by electors of the City and County equal in number to fifteen per centum of all the votes cast at the last preceding general election shall be pre- sented to the Supervisors, setting forth that the signers thereof favor the ac- quisition by the City and County of any public utility, &nd requesting the Board to prepare for submission to the electors of the City and County, asg hereinafter provided, a proposition for the acquigition of such utiity, it shall be the duty of the Board to immediate- 1y take such steps or to enter into such negotiations as will enable it to formu- late such a proposition for submission to the electors as aforesaid. Such prop- osition shall be so formulated and com- pleted within six months from the data of the filing of such petition. The Clerk of the Supervisors must, immediately upon the filing of the aforesaid petition or petitios after examining and veri- fying the signatures thereto, transmit an authenticated copy thereof, without the signatures, to the Board of Election Commissioners, and another such copy to the Mayor, together with a certifi- cate that the required number of signa- tures are appended to the original. The Mayor shall also have the right to for- mulate and submit to the electors a8 separate proposition from that formu- lated by the Supervisors for the acqui- sition of the utility named in said peti tion. At the next municipal election ter the formulation of such proposi- tions by the Supervisors and the May- or, the Board of Election Commission. ers shall submit to the electors the two alternative propositions. The proposi- tion receiving a majority of the votes cast thereon shall be adopted; but in case the votes cast in favor of ‘both