CHAPTER IX.

OF THE FIRE MARSHAL.

SECTION 1. It shall be the duty of the Board of Police Commissioners, upon the written recommendation of the Association known as the Board of Underwriters of the City and County of San Francisco, to appoint such person as may be nominated by said Association, as Fire Marshal of the City and County. Such Fire Marshal shall not be required to perform any other police duty.

SEC. 2. It shall be the duty of said Fire Marshal to attend all fires which may occur in said city and county, with a badge of office conspicuously displayed; to take charge of and protect all property which may be imperiled at any such fire, and safely keep the same under his control until demand therefor by the owner thereof; he shall, as far as practicable, prevent such property from being injured; direct, when in his opinion it shall be necessary, the removal of goods, merchandise and other property to a place of safety; investigate into the cause of such fires as occur in said City and County; and in all cases where he shall believe that a crime has been committed, make a written report of such investigation to the District Attorney, whose duty it shall be to institute criminal prosecutions where it shall appear from such report that there is probable cause for believing the fire has been caused by design. It shall be the duty of said Marshal to aid in the enforcement of the fire ordinances. of said city and county, and for this purpose, he shall visit and examine all buildings in process of erection or undergoing repairs.

SEC. 3. He shall have power to appoint such policemen as may be detailed therefor by the Chief of Police, or who may be present at any fire, to save and protect property at such fire until the same shall be delivered to the owner thereof.

SEC. 4. The Fire Marshal shall, on the first Monday of every month, file with the Clerk of the Supervisors, a sworn statement and description of all property in his possession or under his control, and showing from where said property was obtained by him.

SEC. 5. Any person who shall wilfully hinder or obstruct said Fire Marshal, or any of his appointees, in the lawful discharge of his or their duties, shall be guilty of a misdemeanor; provided, however, that nothing herein contained shall be so construed as to authorize said Fire Marshal to interfere in any manner with the proper discharge of the lawful duties and authority of the Fire or Police Department.

SEC. 6. It shall be the duty of the Chief of Police to detail such police officers as shall be necessary to enable said

Fire Marshal to effectually perform his duties, and they shall aid him in the performance of his duties.

SEO. 7. The salary, fee and pay of the Fire Marshal shall be fixed and paid by the said Board of Underwriters, and in no event shall the City and County be liable therefor, or for any part or portion thereof.

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

SEC. 9. The Supervisors may at any time by ordinance repeal the whole or any part of this Chapter.

ARTICLE VI.

Public Instructions and Libraries.

CHAPTER I.

OF SCHOOLS.

SECTION 1. The School Department of the city and county of San Francisco shall include all the public schools thereof, whether supported by State, poll, or city and county taxes, or by any other source whatsoever; and shall include Primary and Grammar Schools, and may, at the option of the Board of Education, include Evening, Technical, Cosmopolitan, High and Normal Schools.

SEC. 2. Instruction shall be furnished free of expense to all children residing in the city and county, in such branches as the Board of Education may determine, but which must include instruction necessary for a common school education, and may include the higher branches taught in the Grammar, High, and Normal Schools of the said city and county. Music and Drawing may be taught but no special teachers shall be employed to teach the same and no special teachers shall be employed to teach either the French, German or Spanish language.

SEC. 3.

All children between the ages of six and fourteen, residing within the limits of the city and county, are entitled to receive the benefits of a common school education, and all minors older than fourteen may be instructed in such higher branches of education as may be established or provided by the Board of Education; but the Board of Education shall have no power to establish or maintain schools for instruction in the higher branche of education until full and ample facilities are provided for instruction in the elementary, primary and grammar classes of the public schools.

Sec. 4. The Board of Education may, in its discretion, establish Kindergarten schools for the tuition of children between the ages of three and six years.

CHAPTER II.

OF THE BOARD OF EDUCATION.

SECTION 1. The School Department shall be under the control and management of a Board of Education, which shall be composed of nine School Directors, who shall possess the same qualifications as to eligibility, as are prescribed in this charter for members of the Board of Aldermen, and who shall be elected by the qualified voters of the city and county by general ticket in the manner provided for the election of other municipal officers, to hold office for two years and until their successors are elected and have qualified.

SEC. 2. The School Directors shall qualify by taking the constitutional oath of office. They shall receive no salary, nor shall they be pecuniarily interested, directly or indirectly, in any supplies furnished or work done for the School Department.

SEC. 3. Immediately after the appointment and qualification of the School Directors, they shall meet and organize, as the Board of Education, with the County Superintendent for President, and they may elect a Secretary, who shall not be a member of the Board.

SEC. 4. The Board of Education thus organized shall meet monthly, and at such other times as it may determine. Six members shall constitute a quorum to transact business, but a smaller number may adjourn from time to time.

SEC. 5. The Board of Education shall determine the rules of its proceedings, but five votes shall be required to carry any measure, and the ayes and noes shall be taken when de

manded by any two members, and spread on the records of the Board.

SEC. 6. All sessions of the Board of Education shall be public, and the records of the Board shall be open to public inspection.

CHAPTER III.

OF THE POWERS OF THE BOARD OF EDUCATION.

SECTION 1. The Board of Education shall have power: 1st. To establish school districts, and to fix and alter the boundaries thereof.

2d. To establish and maintain public schools, as provided for in this Charter, and to change, modify. consolidate, and discontinue the same, as the public good may require.

3d. To employ, pay and dismiss such persons as may be necessary to carry into effect the powers and duties of the Board of Education, and to fix, alter, and allow paid their salaries or compensation; and to withhold for good and sufficient cause the whole or any part of the wages, salaries, or compensation of any person or persons employed as aforesaid; provided, however, that no teacher shall be dismissed except for sufficient cause which shall be determined by said Board after giving the accused teacher due hearing in his or her defense.

In the matter of the appointment of teachers:

The Board of Examiners shall furnish the Board of Education with a record book, which shall contain the names and residences of teachers, showing the number of years experience, date, number and grade of certficate granted by them, together with the percentage obtained on examination.

Whenever additional teachers are required or vacancies are to be filled it shall be done in the manner following, to wit: The names having the highest percentage shall be taken in their order from said record book. All such names shall be referred to the Committee on Credentials and Qualifications of Teachers, who shall report thereon at the next regular meeting of the Board. Upon receiving a favorable report from the Committee, the Board shall proceed to appoint one or more of the candidates, to fill such position or positions. The appointment so made shall

continue for six months, unless sooner revoked by the Board. At the expiration of the period of the appointment, the Board shall proceed to elect such appointed person or persons permanently to the position, provided that they present to the Board a certificate of success, signed by the Principal of the school where they have been teaching, by the Superintendent, Deputy Superintendent, and a majority of the Classification Committee. But if such appointee fail to present such certificate to the Board, his or her position shall be declared vacant, and a new appointment shall in like manner be made. 4th. To make, establish and enforce all necessary rules and regulations for the government and efficiency of the schools, and for carrying into effect the school system; to prevent and remedy truancy, and to reform truants, and for the care of children between the ages of six and fourteen, without lawful occupation, who may be found wandering about the streets or in public places.

5th. To investigate all charges of misconduct or dereliction of duty on the part of any person connected with, or in the employ of the School Department; to take testimony, and for that purpose, the President of the Board or the presiding member of any meeting of the said Board or a Committee thereof shall have power to administer oaths, or affirmations; and to issue subpoenas, tested in the name of its President to compel the attendance of witnesses and production of papers upon any proceeding legally authorized by the rules and regulations of the Board, any of the provisions of this Charter, or any law of this State, and to enforce obedience thereto, and punish disobedience thereof, in the same manner and to the like extent as the Justices Court of said city and county.

6th. To provide for the School Department all supplies and material necessary for use in the schools, or in the offices of the Board or the Superintendent, and to incur incidental expenses not exceeding two hundred dollars per month.

7th. To rent, and provide school houses, and to furnish them with proper school furniture, apparatus and school appliances; to use and control such buildings as may be necessary for the requirements of the Department.