The San Francisco Call. Newspaper, April 19, 1898, Page 17

CHARTER FOR THE CITY AND COUNTY OF SAN FRANCISCO. e ————————————————————————————————— e ———— 1 the Police Department shall consist of | Civil Service examination; but all new Captains, who ennual salary of twenty s Lieutenants, who shall an annual salary who shall each receive an annual salary lary of fourteen hundred and four dollars Sec. There shall be one Captain for each one hundred police officers. The duties of Captains shail be defined by the rules and regulations of the Commissioners and by the orders of the B cen hundred dollars; and Corpor- | 0 shall each receive an annual | Police Relief and Pension Fund. Chief of Police. Sec. 3. There shall be one Lieutenant for every fifty police officers. The du- of the utenants shall be defined | the rules and regulations of the ommissione by the orders of the Police, and by the orders of pectite Captains. There shall be as many Ser- n the judgment of the Com- be adv ble, not to ex- rgeant for every ten police flicers. he duties of Sergeants shall lefined by the rules and regulations issioners, the orders of the and the orders of their respective Captains and Lieutenants. g There shall be as many Cor- s as in the judgment of the Com- be advisable. The du- 1s shall be defined b the es and regulations of the Commis- ners, the orders of the Chief of Po- the orders of their respective , Lieutenants and Sergeants. The Chief of Police may detail etective duties such members of the Dep: ment as he may select, not to exceed twenty-five. He shall desig- e a Captain of Police to act as Cap- the officers so detailed who annual salary of three rs. Such Captain shall in of Detectives, and his tain ove Sergeants. geants shall » an annual salary of eighteen ndred dollars. They may be re- oved at any time frem such detail by olice. Their duties shall the rules and regulations he Commissioners, by the orders of Chief of Police, and by the orders of the Captain of Detectives. CHAPTER VI. Police Officers. TION 1. The Police Force of the and Cc shall not exceed one Officer for each five hundred in- Police Officers shall of twelve hun- Officer shall, of any person charged mission of crime, search m of such offender, and take operty and weapons, ver the same to the who must deliver the to be kept sition be made CHAPTER VIIL Promotions, Suspensions, Dismissals and Disratements. SECTION 1. All promotions Department shall be rank, iorit oricus public d. . 2. Any member of the Depart- guilty of any offense, or violation rules and regulations, shall be liable to be punished by reprimand, or by fine to be fixed by the Commission- in the from the next of service and vice being con- shall ever be imposed or any offense ex- salary. No member of the Department be subject to dismissal for any ment for any breach uct therein, except and impartial trial before mers upon a verified com- led with the Board setting forth the acts complained of. and sonable notice to him of ace of hearing as the y rule prescribe. The ac- be entitled upon such hear- ar personally and by coun- ve a public trial; and to se- 1d enforce free of expense to him ittendance of all witnesses neces- y for his defense. CHAPTER VIIL Unclaimed and Stolen Property. 1. All property or money T picion of having been n or loniously obtained, the re- of crime or constituting the pro- of ime, and all property or 4 from intoxicated or in- or other persons incapa- g care of themselves, or or money lost or abandoned y in any way come into the n or cu dy of any member . Department, or of any Criminal or Judge of the City and , shall be delivered to the Proo- Clerk, who shall enter in a Record to be kept by him for that pur- a full and explicit description of together with the name of on or persons from whom re- ceived, the names: of any claimants thereto, the time of the selzure, and the final disposition thereof. hen property or money taken any person arrested, or otherwise cion of having been feloni- ed, or of being the proceeds e, is brought with the claimant and the person arrested, before and adjudica- Il ndjudge that the person arrested nnocent of the offehse alleged, and that the property or money belongs to kim, it shall or- der such property or money returned to the accused. and the Property Clerk shall thereupon dellver such property or money to him personaliy, but not to attorney or agent. If upon such ring the accused shall be heid for tiial or examination, such property or 1money shall remain In the custody.of the Property Clerk until the discharge or conviction of the person accused. Sec 3. All unclaim that has bhean in the custody of nerty Clerk for one year shall public auction, after having 1es advertised In the officlal 114 into the treasury Tn no caze shall such or disposed of until t ¥ for th h2s ceased. taken from ins become part of the exniration of time the mame is but the Comm of Police chall, ne persons shall nto the treasury; oners and the Chiet during such perlod, mele diligent inquiry to ascertain the person or pereons to whom the same should by ht be payable. T Sec. 4. Tf anv property or 1he enstody of the Proporty mgfinlae-yrler: cuired as eviderce In any Court, it chali be delivered to- any ofcer who shall present an order in writing to {hat effect from such Court, and the Clerks of such Court shall be responsi- ble for the safe delivery of such prop- erty or money to the Property Clerk. Sec. 5. All valuables and monev In the custody of the Pronerty Clerk shall Pe denosited b¥ him for safe keeping with the Treosurer in such manner and subject to such rules and regulations £s may be prescribed by the Board. CEAPTER IX. Present Police Force. SECTION 1. All members of the present Police Force in good standing in the Departinent at the time this Charter goes Into effect, and the Park Palice. ghall continue therein without property and | | nd the proceeds of such | Fund Commissioners shall possess the n : to | powers vested in the Board of Police of the Poilee Rellef and Pen- | prop- | regulations for its guidance. It may he ne- | appoint 2 Secretary, and provide for T_'!Ff- thereof as evidence | the payment from said Fund of all e proceeds of property | {ts necessary expenses, not exceeding not | fifty dollars for any one month, includ- h Fund until nfler; ing the salary of the Secretary "ree years from the | printing. No compensation shall be | | and recelved from shall each recelve an | appointments and all promotions made our hundred after this Charter shall go into effect each | shall be subject to and governed by of sixteen | Article XIII of this Charter. hty dollars; Sergeants, | CHAPTER X. 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 | vears 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 t\venty‘ 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- | 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 coliectively 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 ne-| cessity. | Sec. Any person receiving a pen- sion as aforesaid from the Police Rellef and Pension Fund, who shall be con- victed of felo 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. TheCommissioners 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. See. 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 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 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 sald Fund. Sec. 10. The Board of Potice Pension Commissioners to make rules and and 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 licenses for the keeping of places where spirituous, malt or other intoxicating liquors are sold. 2. One-half of all moneys recelved from taxes or from licenses upon dogs. 3. All moneys reccived 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 recelved from llcenses from pawnbrokers, bil- llard hall keepers, dealers in second- bhand -‘merchandise, and from junk stores. 6. All moneys received from fines for carrying concealed weapons. |give him a receipt for the same, and | tary who shall ‘perform such duties as | at least once a week, and as often as | fire companies as it may deem neces- 7. Twenty-five per centum of all fines collected in money for violation of any ordinance. 8. All rewards to members of the Po- fice 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 shall 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 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 provided for and made good by the Supervisors in their next ensuing tax levy. sno oS 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 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 appointment. 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 vear. The Board may appoint a Secre- the Board may prescribe. He shall re- | ceive an annual salary of twenty-four hundred dollars. The Board shall meet 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 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 vears 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 hisl | political opinfons, nor shall he be transferred or dismissed except for | cause, nor until after a trial before the | Commissfoners. | 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 Departmeént 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 Rellef | 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 II 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 llnmrles received while tn the actual performance of his duty therein so as | or, in their absence, any Battalion Chief | | more than one Captain, one Lieutenant, | | one Engineer, one Driver, one Stoker | | tain, one Lieutenant, one Driver and 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 I1I, 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.zding 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- sions of this Chapter shall be.void. CHAPTER IIL The Chief_ Engineer. SECTION 1. The Board of Fire Com- misgioners 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 shalr 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 actlon. 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, | 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 of such conflagration. CHAPTER IV. Fire Companies. SECTION 1. Each Steam Fire En- | gine Company shall be composed of not | 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- 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 Flremen, one Pilot and twelve Hosemen. CHAPTER V. Fire _M:rshal. | his death. | tify the same to the Supervisors in | to the persons entitled thereto, for the | of its proceedings. SECTION 1. The Board of Fire Com- missioners, 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 Di-| rectors as Fire Marshal and Assistant | Fire Marshal. Vacancies occurring in | the office of Fire Marshal or Assistant | Fire Marshal shalibe 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 Iimperiled | 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, comibus- | 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 Commissioners, 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, 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 VII. 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 Rellef Fund a tax sufficient to meet and pay all demands upon said Fund, for the purposes set out in this Chapter. Sec. 8. The Commissioners may, by a unanimous vote, retire and relieve from gervice 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 & monthly pension equal to one<half of the amount of the salary attached to the rank held by him three | thirteen hundred and fifty dollars; 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 ceage at his death, Sec. 4. Any member of the Fire De- 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, ucomx?&med by a certificate signed by the Chfef 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 pald to him during his life and to cease at 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 Rellef 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 ot 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- 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, 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 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 thereupvon enter a copy of such list upon a book to be kept for that purpose which shall be known as the Firemen’s Relief 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. The Board of Fire Pension Fund Commissioners shall possess tha powers vested in the Board of Fire Commissioners to make rules and regulationg 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 Pensign Fund Commissioner. CHAPTER VIIL Salaries. SECTION 1. The officers and mem- bers of the Fire Department shall re- ceive annual salaries as follows: Chtef Engineer, four thousand dollars; First Assistant Chief Engineer, three thousand dollars; Second Assistant En- gineer, twenty-four hundred dollars Battalion Chiefs, each twenty-one hu 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 9 Drivers, Stokers, Tillermen, Truckmen, Hosemen, and Stewards, for the first vear 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- city is also charged with the duty of en- forcing all the rules, regulations, or- ders and requirements made by ordi- nance of the Bupervisors 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. e 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 five 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 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 dlsposition 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 their abatement; and for securing the proper registration of births, deaths and other statistical information. 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 purpcses 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 Physician 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 the City and County Hospital at least two visiting physicians and at least two visiting 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 to. and final decision by, sald Board. Sec. 10. The Board shall fix annually the salarfes of all officers and em- ployees of the Board. Such compensa- tion shall not exceed salarfes paid for similar services in private institutions | of like character. Sec. 11. The ratio of emplovees to In- | mates of any institution under the care of the Board shall not exceed that maintained by private institutions' of like character. e ARTICLE XI DEPARTMENT OF ELECTIONS. CHAPTER I. 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 FElection Commissioners, consisting of five members, who shail be appointed by the Mayor, and shall hold office for four years. Each of the Commissioners shall receive 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, cne at the end of two years, one at the end of three years, and two at the end of four years. The Mayor shall nots 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 two political parties casting in the City and County the highest vote for Governor or Electors of President and Vice President, as the case may be, at the last preceding general election. The fifth member shall be chosen from the 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 Mavor. 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 vprovislons as to equal renresentation 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 Deputy Registrar shall, during his term of office, be a member of any convention the purpose of which is to nominate candidates for office: nor be elizible to any other municipal office during the term for which he shall have been appointed, or for one year thereafter; nor act as officer of any election or primary election: nor take part in any election exgent to vote and when acting as Flection Com- missioner, at which time he shall per- form only such official duties as may be required of him by law and by this Charter. 2 Sec. 3. The Commissioners shall or- It shall from | ganize within ten days after their ap- pointment by choosing one of their number President. In case of failure to agree, he shall be selected by lot. He sh#il hold office for one year and until his successor 1is chosen. The Board shall appoint a Registrar of Voters who shall recelve 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. The Board may appoint such other clerical assistants as may be ne- cessary at a salary not to exceed one hundred dollars a month each for the time actually employed. The Board shall, by resolution adopted by a ma- jority vote of all its members and en- 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 of em- ployment of such assistants shall not be extended except by like resolution of 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- ¢isco. All provisions of the general laws of this State respecting the registration of voters shall be applicable to such registration in the City and County. The Board of Election Commissioners must provide for precinct registratiom so far as it can do so under the Con« stitution and laws of the State. CHAPIER IL 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 said elections there shall be elected by the electors of the City and County the following officers: The Mayor, | eighteen Supervisors, an Auditor, Treasurer, Assessor, Tax Collectory 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 years, 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 thousand 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. 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. SRSy ARTICLE XIL 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 twa | 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 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 rallroads | and such other public utilitles 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 estl- 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 sald 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 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 public utility, and requesting the Board to prepare for submission to the electors of the City and County, as hereinafter provided, a proposition for the acquisition of such utility, 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 tha 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 formue lated by the Supervisors for the acqui« sition of the utility named in said petis 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 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 ACQUISITION