The San Francisco Call. Newspaper, April 10, 1898, Page 42

CHARTER FOR THE CITY AND COUNTY OF consist of | the Police Department shall receive an | Captains, who shall each ! 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 annual salary | of fifteen hundred dollars; and Corpor- als, who shall each recelve an annual salary of fourteen hundred and four dollars. | Sec. 2. There shall be one Captain for each one hundred police officers. | The duties of Captains shall be defined { by the rules and regulations of the| Commissioners and by the orders of the “hief of Police. Sy e shall be one Lieutenant police officers. The du- Lieutenants shall be defined d regulations of the by the orders of the , and by the orders of tles of th by the rule: Commissione Chief of Police their respective Captains. Sec. 4. There shail be as many Ser- geants as in the judgment of the Com- ma be advisable, not to ex- ceed one at for every ten police officers. The duties of Sergeants shall be defined by the rules and regulations of the Commissioners, the orders of the Chief of Police, and the orders of their respective Captains and Lieutenants. Sec. 5. The 2]l be as many Cor- porals as in the judgment of the Com- missioners may be advisable. The du- tles of Corporals shall be defined b the rules and regulations of the Comm sloners, the o »f the Chief of F lice, and the orders of their respective Lieutenants and Sergeants. Sec. 6. The Chief of Police may detail for detective duties such members of the Department as he may select, not to exceed twenty-five. He shall d{sl,’:- nate a Captain of Police to act as Cap- tain over the officers so detailed who shall receive an annual salary of three thousand dollars. Such Captain shall rank as Captain of Detectives, and his duties shall be defined by the Commis- stoners and by the Chief of Police. The members so detailed shall be known and ranked as Detective Sergeants. Each of sald Detective Sergeants shall recelve an annual y of eighteen hundred dollars. v be moved at any time from such detall 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. CTION 1. The Police Force of the and County shall not exceed one ce Officer for each five hundred in- habitants thereof. Police Officers shall receive an annual s v of twelve hun- dred and twenty-four dollars. Sec. 2. Every Police Officer shall, | upon the arrest of any person charged with the commission of crime, search the person of such offender, and take from him all property and weapons, and forthwith deliver the same to the prison keeper, who must deliver the same to the Property Clerk, to be kept by him until other disposition be made thereof according to law. Sec. 3. Police Officers shall he health officers by virtue of their office. CHAPTER VIL missioner: P Promotions, Suspensions, Dismissals and Disratements. SECTION 1. All promotions in the Department shall be from the next lower rank, seniority of service and meritorious put sidered. Sec. 2. Any member of the Depart- ment guilty of any offense, or violation service being con- of rules and hall be lable to be shed by reprimand, or by fine to be fixed by the Commission- ers, or by d al from the Depart- but no fine s 1 ever be imposed Y one t for any offense ex- ing one month's salary. >. 3. No member of the Department 21l be subject to dismissal for any cause, or to punishment for anv breach of conduct therein, except artial trial before the Commissio pon a verifled com- plaint filed with the Board setting forth specifically the acts complained of, and after such reasonable notice to him of time and place of hearing as the by rule prescribe. The ac- ed shall be entitled upon such hear- ing to appear personally and by coun- gel; to have a public trial; and to se- cure and enforce free of expense to him the attendance of all witnesses neces- sary for his defense. | CHAPTER VIIL j ment; 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- seeds of crime, and all property or money taken from intoxicated or in- 1ane persons, or other persons incapa- ble of taking care of themselves, or property or money lost or abandoned that may in any way come into the possession or custody of any member of the Department, or of any Criminal Court or Judge of the City and County, shall be delivered to the Pron- erty Clerk, who shall enter in a Record Book, to be kept by him for that pur- pose, a full and explicit description of the same, together with the name of ‘he person or persons from whom re- teived, 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 ~f crime, is brought with the claimant Tereof and the person arrested, before 8 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 until the discharge | or conviction of the perscn 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 | veen five times advertised In the official newspaper; and the proceeds of such | sale shall be paid into the treasury to the credit of the Police Rellef and Pen- slon Fund. Tn no case shall such prop- erty be sold or disposed of until the ne- y for the use thereof as evidence has ceased. The proceeds of property taken from !nsane persons shall not become part of such Fund until after the expiration of three years from the | time the same is paid into the treasury; but_the Commissioners and the Chief of Police shall, during such period, | make diligent inquiry to ascertaln the person or persons to whom the should by right be payable. T Sec. 4. If any property or money in the custody of the Property Clerk be re- quired as evidence in any Court, it shall be delivered to any officer who shall present an order !n writing to | that effect from such Court, and the Clerks of such Coqurt shall be responsi- ble for the safe delivery of such prop- erty or money to the Property Clerk. Sec. 5. All valuables and money in the custody of the Propert& Clerk shall be deposited by him for safe keeping with the Treasurer {n such manner and subject to such rules and regulations a8 may be prescribed by the Board. CHAPTER IX. Present Police Force. SECTION 1. All members of the rresent Police Force in good standing n the Department at the time this 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 the age of sixty-five years, and who, upon an examination by two regularly cer- tificated practicingphysiciansappointed 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 Relief and Pen- sion 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 Department for twenty vears 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- sioners a verified petition setting forth 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 vears. 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 v unanimously determine its ne- 5. Any person recelving a pen- sion as aforesaid 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. partment shall, after ten years’ service, die from natural causes, then his wid- 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 of the 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 diseretionary 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 hold quar- terly meetings on the first Mondays of April, July, October and January of each year, and upon the call of its President. Tt 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 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 entitied 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 ghall 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 paid to any member of the Board for any duty required or performed as Po- lice Relief and Pension Fund Commis- sioner. 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 five nor more than ten per centum of all moneys collected and received from licenses for the keeping of places where spirituous, malt or other intoxicating liquors are sold. 2. 2. One-half of all moneys received 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 mora than one-half of all moneys received from licenses from pawnbrokers, bil- liard hall keepers, dealers in second- hand merchandise, and from junk stores. Charter goes into effect, and the Park Follas, eball continug thereln Without 6. AIl moneys recetved from fines for carryigs gonpesl e When any member of the De- | 1. 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 shalt 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 detailed 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- | lef 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- ficlency shall exist in such Fund, such deficlency shall be provided for and | made good by the Supervisors in their next ensuing tax levy. — ARTICLE IX. FIRE DEPARTMENT. CHAPTER I 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 recelve 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 appnintment. 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. 8. 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 go 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 who shall perform such duties as the Board may prescribe. 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 i{ts 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- | tions In the Department must be citi- 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 years 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 opinions, nor shall he be | transferred or dismissed except for | cause, nor until after a trial before the | Commissioners. | mendation of the Board of Directors of | may appoint such persons as may be Sec. 8. The Commissioners shall see | that the officers, members and em- | ployees 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 ithe Fire Department shall be engaged | in any other employment. CHAPTER IIL Duties 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 until 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 have the right to appear in person and 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 tn 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. The provisions of Article II, Chapter II1, 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 of contracts and the security for the performance 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 ITL The Chief Engineer. SECTION 1. The Board of Fire Com- missfoners 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 shaly 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 Engineer 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 writing 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 a month to the Board and make such recommendations and suggestions re- specting the same as he may deem proper. In the absence or inability of 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 cuty, down or otherwise re~ moved any buildings or structures for the purpose of checking the progress of | such conflagration. CHAPTER IV. Fire Crmp(mles. SECTION 1. Each Steam Fire En- gine Company shall be composed of not more Ehan 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 Engine Company shal} be composed of not more than one Cap- tain, one Lieutenant, one Driver ana 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 Lieutenant, one Engineer, one | Assistant Engineer, two Firemen, one | Pilot and twelve Hosemen. CHAPTER V. Fire Marshal. SECTION 1. The Board of Fire Com- | missioners, on the written recom- | the corporation known as the Under- writers’ Fire Patrol of San Francisco, recommended by said Board of Di- 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 believe 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 Commissiongrs, 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. 6. The Fire Marshal shall have power to appoint deputies for inspect- ing buildings, but such deputies shall recefve no compensation for thelir serv- ices from the City and County. CHAPTER VI Fire Wardens. SECTION 1. The Chief Engineer. As- sistant Chief FEngineers, Battallon | Chiefs and the Fire Marshal shall 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 Reliet 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 SAN FRANCISCO. 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 cause 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 Departinent upon an annual pen- slon 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 Rellef 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 pald a monthly p.asfon 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 nlmy 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 Comrhissioners 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 tha powers vested in the Board of Fire 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, 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 VIIL Salgries. SECTION 1. The officers and mem- bers of the Fire Department shall re- celve annual salaries as follows: Chief Engineer, four thousand dollars; First Assistant Chief Engineer, three thousand dollars; Second Assistant En- gineer, twenty-four hundred dollars; Battalion 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. BECTION 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 supetvision 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 repalrer, lineman, batteryman or in- strument-maker shall reczive 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 member of the Fire Department for twenty years continuously next pre- ceding his retirement, and the same shall cease at his death, 8ec. 4. Any member of the Fire De- shall be made 80 as to interfere with the use of the main line. Sec. 6. The Department of Electri- city is also charged with the duty of en- forcing all the | the City and County Hospital at least | Tules, 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 PUBLIO 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 govern- 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. 3. 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 preservatfon, 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 IIT, 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 regulations 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 publio health; for determining the nature and character of nuisances and for thelr 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- ficient carrying out and enforcement of the purposes and duties of the Board, and may fix their salaries and prescribe their duties. All appointments in the Department shall be made under the | provisions of Article XIII of this Char- ter, and no person so appointed by the Poard shall be removed without cause. Sec. 6. The Board may appoint 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 appointment. He shall devote his time exclusively to the du- | ties of his office. Sec. 7. The Board shall appoint for | two visiting physicians and at least | two vlsiting surgeons, who shall receive no compensation for their 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, subject to an appeal te. and final decision by, said Board. Sec. 10. The Board shall fix annually the salaries of all officers and 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- | | go into effect, and at least every two | years thereafter until the object ex- | pressed in this provision shall have em- | thin ten days after their ap- i‘agfitz;:ev:l’t by choosing one Of their number President. In case of failure to agree, he shall be uelected' by lot. He shall hold office for one year and until his successor is chosen. The Board shall appoint 2 Registrar of Voters who shall receive an annual salary of twenty-four hundred dollars, The Registrar shall be the Secretary of the Board, and shall keep a record of its proceedings, and shall execute all orders and enforce all rules and regula- tions adopted by the Board. The term of office of the Registrar shall be four years. Sec. 4. other clerical aslslst - cessary at a salary n hundgd dollars a month each for t};s time actually employed. The Boa shall, by resolution adopted by adma- Jority vote of all its members and &h- tered upon its minutes, designate the service to be rendered by such as- sistants and the time for which they shall be employed. The time ntl em; ployment of such assistants shal nn! be extended except by like resolution o the Board, and when a salary shall have been once fixed it shall not be in- creased. This section is subject to the provisions of Article XIII of this Charter. Sec. 5. All provisions of the general laws of this State respecting elections shall be applicable to all elections held in the City and County of San Fran'- cisco. All provisions of the general laws of this State respecting the registration of voters shall be applicable to surfx registration in the City and County. The Board of Election Commissioners must provide for precinct registmfflun s0 far as it can do so under the Con- stitution and laws of the State. CHAPIER IL The Board may appoint such ants as may be ne- t to exceed one 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, an election to be known as the municipal election. At sa‘;)d elections there shall be e‘le(’tedv by the electors of the City and County the following officers: The Mayor, eighteen 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 elght 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. Sec. 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 gt ARTICLE XIL ACQUISITION OF PUBLIC UTIL- ITIES. It 1s 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 been fully attained, the Supervisors must procure through the City Engi- neer plans and estimates of the actual cost of the original construction 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 sufficlent 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 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 flve members, who shall | be appointed by the Mayor, and shall hold office for four years. Fach of the | Commissioners shall recelve an annual | salary of one thousand dollars. Each | member of the Board 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. The Mayor shall not make any ap- pointment upon the Board at any time before thirty days prior to the time | when such appointee is to take office. Two of the five members first appoint- ed shall be chosen from each of the twn political parties casting in the City and County the highest vote for Governo- or Electors of President and Vie President, as the case may be, at +* last preceding gefleral election. T% fifth member shall be chosen from thr political party casting the third highest such vote at such election, if there be such third partv. and if not, then at the discretion of the Mayor. Upon the expiration of the term of office of any Commissioner. the appointee must be chosen from the same political party as the retiring Commissioner. consistently with the foregoing provisions as to equal representation at all times of the two political parties casting the high- est vote at the general election last.pre- ceding the appointment in question as prescribed in this section. Sec. 2. No member of the Board. nor Registrar, nor Devutv Registrar shall, dnring his term of office, be a member of any convention the purpose of which is to nominate candidates for office: nor be eligible to any other municipal office during the term for which he shall have been appointed. or for one vear thereafter: nor act as officer of any election or primary election: nor take part in anv election exceot to vote and when acting as Election Com- missioner, at which time he shall per- form only such officlal duties as may be required of him by law and by this Charter. Sec. 8. The Commissioners shall or-. 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 formulata 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 sale 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 sublic utility, and requesting the 3oard to prepare for submission to the lectors of the City and County, as -ereinafter provided, a proposition for ne acquisition of such utility, it shall se the duty of the Board to immediate- 1y take such steps or to enter into such negotiations as will enable it to formue 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 date of the filing of such petition. The Clerk of the Supervisors must, immediately upon the filing of the aforesaid petition or petitions, 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 & separate proposition from that formu- lated by the Supervisors for the acqui« sitlon of the utility named in said petf. tion. At the next municipal election af- 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 twa 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 th