Loading...
1960-003ORDINANCE NUMBER r .r BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTY OF COOK, STATE OF ILLINOIS. Section 1. CREATION AND COMPOSITION The Police Department of the Village of Buffalo Grove is hereby created and established. It shall consist of a Chief of Police and such other officers, policemen and other members as from time to time be determined by the Village President and Board of Trustees. Section 2. OFFICE OF CHIEF OF POLICE There is hereby created the office of Chief of Police. The Chief of Police shall be appointed by the Village President by and with the consent of the Board of Trustees. In the event the Chief of Police was at the time of his appointment a member of the Police Department, he shall retain his status and rank while serving as Chief of Police and shall revert to such status and rank when his term of Chief has ended. Section 3. SAME- APPOINTMENT The Chief of Police shall be appointed for an indefinite period and until his successor is appointed. The Chief of Police need not be appointed from the members of the Police Department but if appointed from the members of the Police Department, the appointment need not be from the rank next below the Chief, but he may be appointed from among the members of the Police Depart- ment regardless of rank. Section 4. SAME- FILLING VACANCY IN OFFICE In case of the death, removal from the Village, resignation, incapacity or inability of the Chief of Police, the vacancy thus or otherwise created shall be filled by appointment by the President by and with the consent of the Board of Trustees. If there is a failure to appoint a Chief of Police, the Captain of Police, in addition to being Captain of Police, shall act as Chief of Police until a Chief of Police is appointed. The Chief of Police may be discharged by the Village President by and with the consent of the Board of Trustees as provided by Statute of the State of Illinois. 1. Section 5, OFFICES CREATED There are hereby created the offices of Captain, Lieutenant, Sergeant and Policemen. The number of members occupying such offices shall be determined by the Chief of Police and the same shall be approved by the President and Board of Trustees, voting jointly. In the event of the adoption of Article 14, Chapter 24 of the Illinois Revised Statutes 1955, the said appointments shall be in conformity therewith. Section 6. MEMBERS AS OFFICERS All members of the Police Department, except special police- men, shall be Officers of the Village and except as otherwise set forth herein shall be appointed for an indefinite period of time by the President by and with the consent of the Board of Trustees. Section 7. CLASSIFICATION OF POLICEMEN (a) Regular Policemen: A Regular Policeman shall be a full- time, paid employee of the Village. All appointments to the office of Regular Policeman shall be for a probationary period of six months. If, at the expira- tion of that time, the applicant, in the opinion of the Presi- dent and Board, proves to be fit for the position, he shall be permanently certified to the position and if during or at the expiration of six months, he is not deemed satisfactory, he shall be dropped from the service and his name removed from the payroll. (b) Regular Reserve Policemen: A Regular Reserve Policeman is a member of the Police Department serving on a voluntary or part -time basis. The offices of Lieutenant and Sergeant may be occupied by members of the Police Department on such a reserve status basis. The number of members occupying such offices shall be determined by the Chief of Police by and with the con- sent of the President and Board of Trustees. No person shall be eligible to serve as a Regular Reserve Policeman until he has served a minimum of six months as a Special Policeman. (c) Special Policemen: The President by and with the consent of the Board of Trustees may appoint for an indefinite period, any person of good moral character to be a Special Policeman. Any person so appointed has the power of arrest, is conservator of the peace and entitled to bear arms while on assigned duty within the Village. Every such Special Policeman shall agree to and shall abide by the provisions of this ordin- ance, any ordinance of the Village, and such rules and regula- tions now or hereafter in force pertaining to the Police 2. Department. No such person shall be considered to be an employee or officer of the Village by virtue of his appoint- ment. Section 8. REMOVAL OF MEMBERS Paragraph 1. The Chief of Police may upon proper cause, suspend or discharge any member of the Police Department. Members of the Department so suspended or discharged may, within 10 days from such suspension or discharge, make a written demand upon the President and Board of Trustees, to have such charges reduced to writing and filed with the President and Board of Trustees. Paragraph 2. The President shall fix the time and place for hearings on such charges and shall cause notice of the time and place of such hearings, together with a copy of the charges to be served on the accused, either by delivery of said notice and charges personally to the accused, or by mailing the notice and copy of the charges to him at his address as shown in the records of his department, at least 20 days before the time of the hearing. Date for hearing shall be not less than 20 nor more than 60 days after receipt of written demand as set forth in Paragraph 1 hereof. At the hearing, the Village President shall preside and, together with the members of the Board of Trustees, shall hear the evidence against the accused. The accused may be represented by counsel and shall be given an opportunity to present evidence in his own behalf and to cross - examine the witnesses against him. Paragraph 3. After having heard the evidence and completed its investigation, the President and Board voting jointly shall enter its findings of record and if it finds the charges, or any of them, to be sustained, may, by voting jointly impose a penalty of suspension of the accused without pay, reduce his rank, or remove him from the service. Section 9. OATH OF MEMBERS Every member of the Police Department, before entering upon duty, shall take the oath of office prescribed by Illinois Revised Statute 1955, Chapter 24, and paragraph 9 to 89. 3. Section 10. DUTIES OF MEMBERS Members of the Police Department shall enforce all laws of the United States of America, the State of Illinois, and the ordinances of the Village of Buffalo Grove. They shall also perform all such duties as are now or may hereafter be required of them by this or any other ordinance of the Village or any rules and regulations adopted by the Village pertaining in any manner to the Police Department. Every member of the department is hereby declared to be conservator of the peace. Section 11. POLICE OFFICERS' RESPONSIBILITY Members of the Police Department will have regular hours assigned to them for active duty and when not so assigned they shall be considered off duty. They shall, however, be held to be subject to duty at all times, and although practically re- lieved from the routine performance of duty, are at all times subject to orders from the proper authorities and to calls from superiors. The fact that they may be technically off duty shall not relieve them from the responsibility of taking proper police action in any matter coming to their attention at any time. In order to be able fully to execute this responsibility, all Police Officers, other than Special Policemen, shall, when practical carry side arms and their official Police star at all times when in the limits of the Village. Section 12. DUTY OF ARRESTING OFFICER TO ATTEND TRIAL, PRESENT EVIDENCE, ETC. All officers making arrests shall attend as witnesses when required at a trial and upon any appeal when necessary and shall procure all necessary evidence within their power, and furnish a list of witnesses to the court; and no member of the depart- ment shall be entitled to any fee on any action for a violation where the Village, the County or the State of Illinois is the plaintiff. Section 13. RULES AND REGULATIONS The Chief of Police, by and with the consent of the Village President and Board of Trustees, shall have the power to estab- lish and enforce rules and regulations for the government of the members and employees of the Police Department, which rules and regulations shall, however, be consistent with the ordinances of the Village and the laws of the State of Illinois. Section 14. VALIDITY OF ORDINANCE If any clause, sentence, paragraph or part of this ordin- ance shall for any reason be adjudged or decreed to be invalid by any Court of competent jurisdiction, the judgment or decree 4. of that Court shall not affect, impair nor invalidate the re- mainder of this ordinance but shall be confined, in its effect, to the clause, sentence, paragraph or part thereof which is adjudged or decreed to be invalid, and the rest of said ordinance and all its articles, sections, and paragraphs shall remain in full force and effect. Section 15. CONFLICTING ORDINANCES AMENDED AND REPEALED All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. Section 16. This ordinance shall be in full force and effect from and after its passage and approval. Passed this i day of , 1960. APPROVED: Village President Village Clerk 5.