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1981-0010 0 ORDINANCE NO. 81 -1 AN ORDINANCE AMENDING CHAPTER 2.28 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE (BOARD OF FIRE AND POLICE COMMISSIONERS) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. That Chapter 2.28 of the Village of Buffalo Grove Municipal Code is hereby amended in its entirety and the following Chapter 2.28 enacted in lieu thereof: 2.28.010 Adoption of State Code: Division 2.1 of Article 10, Chapter 24 of the Illinois Revised Statutes entitled Board of Fire and Police Commissioners is adopted by reference provided that Sections 10- 2.1 -1, 10- 2.1 -2, 10- 2.1 -4, 10- 2.1 -5, 10- 2.1 -8. 10- 2.1 -9, 10- 2.1 -15, 10- 2.1 -16, 10- 2.1- 17,10- 2,1 -20, 10- 2.1 -27, and Division 3 of Article 10, Chapter 24, and Division 5 of Article 10, Chapter 24 of said state act are not adopted. 2.28 -020 Appointment - Terms of Office: The Board of Fire and Police Commissioners shall be appointed by the Village President with the consent of the Board of Trustees. The Board shall consist of five (5) members whose terms of office shall be three (3) years and until their respective successors are appointed. The terms of the members will be from May lst to the appropriate April 30th and be staggered so that not more than two (2) members' terms expire on the same April 30th. No such appointment, however, shall be made by the Village President within thirty (30) days before the expiration of the Village President's term of office. 2.28 -030 Officers, Duties, Meetings: The Chairman of the Board of the Fire and Police Commission shall be appointed by the Village President with the consent of the Board of Trustees. A Vice Chairman and Secretary will be chosen by the members of the Board of Fire and Police Commissioners. The Village Personnel Officer as defined by the Village Manager, will act as staff liaison to the Commission and shall have the right to take part in the discussion of all matters coming 0 0 -2- before the Board of Fire and Police Commissioners except for dis- ciplinary matters or investigation of written charges against an officer of the Fire or Police Department, but shall have no right to vote. The Fire and Police Chiefs shall have the right to take part in the examination of applicants and promotional examinations for their respective departments, but shall have no right to vote. A majority of the members of the Commission shall constitute a quorum. The Secretary of the Board shall keep the minutes of the Board's proceedings, shall be the custodian of all records pertaining to the Business of the Board, shall keep a record of all examinations held, and shall perform all of the duties the Board prescribes. 2.28.040 Appointment of Members - Fire and Police Departments: The Board of Fire and Police Commissioners shall appoint all officers and members of the Fire and Police Departments of the municipality except those positions exempted by Village ordinance. The sole authority to issue certificates of appointment shall be vested in the Board of Fire and Police Commissioners and all certificates of appoint- ment issued to any officer or member of the Fire or Police Department shall be signed by the Chairman and Secretary respectively of the Board of Fire and Police Commissioners upon appointment of such officer or member of the Fire or Police Department by action of the Board of Fire and Police Commissioners. Names of candidates will be removed from any eligibility list after having been on the list for more than two (2) years. If a member of the department is appointed Chief of Police or Chief of the Fire Department prior to being eligible to retire on pension, he shall be considered as on furlough from the rank he held immedi- ately prior to his appointment as Chief. If he resigns as Chief or is discharged as Chief prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank and therefore be entitled to all benefits and emoluments of such rank without regard to whether a vacancy then exists in such rank. 0 0 -3- All appointments to each department other than that of lowest ranks shall be from the rank next below that to which the appointment is made except that the Chief of Fire or Police Department may be appointed from among the members of the Fire and Police Departments respectively regardless of rank unless the Village Board of Trustees shall have by ordinance otherwise provided. Any full time member of the Fire or Police Department which comes under the provisions of this ordinance is a Village Officer but is exempt from any residency requirements except as shall be set by specific departmental rules and regulations. 2.28.050 Rules and Publications: The Board shall make rules to carry out the purpose of this ordinance and for appointments and removals in accordance with the provisions of this ordinance. The Board from time to time may make changes in these rules. All rules and changes therein shall be printed immediately for dis- tribution. The Board shall give notice of the places where the printed rules may be obtained and of the date not less than ten (10) days subsequent to the time of publication when the rules and changes therein shall go into effect. This notice shall be published in a newspaper with a general circulation within the Village. These rules of the Board shall apply only to the conduct of examinations for original appointments, for promotions, and to the conduct of hear- ings on charges brought against a member of the Police or Fire Depart - ment. No such rules shall be made by the Board to govern the operation of the Fire or Police Department, or the conduct of its members. 2.28.060 Preference: The Board of Fire and Police Commissioners shall give two (2) preference points for original appointment to persons who were engaged in the military or naval services of the United States for a period of at least one (1) year and who were honorably discharged therefrom or who are now or who may hereafter be on inactive or reserve duty in such military or naval services. However, no person 0 9 -4- will be eligible for employment in the Police Department, if such person was convicted by court - martial of disobedience of orders if such disobedience consisted of the refusal to perform military ser- vice on the grounds of religious or conscientious objection against war. Two (2) preference points shall also be given to regular mem- bers of the paid -on -call force of the Fire Department and general service officers of the Police Department who have served at least two (2) years, for original appointment to the respective departments. Any person eligible for preference under these provisions shall re- ceive as a result of any examination held for original appointment, a maximum of four (4) points. The numerical result thus attained shall be applied by the Board of Fire and Police Commissioners in determining the position of such persons on any eligibility list which has been recommended as the result of any examination for original appointment for purposes of preference in appointment to the Fire or Police Department. No person entitled to preference shall be required to claim such preference before any examination is held under the provisions of this ordinance, but such preference shall be given after the posting of the eligibility list at the request of such person before any appointments are made from the eligibility list, upon furnishing of evidence qualifying for preference. 2.28.070 Promotions: The Board, by its rules, shall provide for promotion in the Fire and Police Departments on the basis of ascer- tained merit and seniority in service and examination, and shall be filled by promotion. All examinations for promotion shall be compet- itive among such members of the next lower rank as desire to submit themselves to examination. All promotions shall be made from the three (3) having the highest rating, and where there are less than three (3) names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made there- from, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The method of 0 0 -5- examination and the rules governing examinations for promotion shall be the same as provided for applicants for original appointment, except that original appointments only shall be on probation, as provided by the rules. The Board shall strike off the names of candidates for promotional appointment after they have remained thereon for more than two (2) years, provided there is no vacancy existing which can be filled from the promotional register. 2.28.080 Removal or Discharge: Except as herein provided, no officer or member of the Fire or Police Department except those exempted by Village ordinance, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in their own defense. The Board of Fire and Police Commissioners shall conduct a fair and impartial hearing on the charges to be commenced within thirty (30) days of the filing thereof which hearing may be continued from time to time. In case an officer or member is found guilty, the Board may discharge him or may suspend him not ex- ceeding thirty (30) days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty (30) days. If the Board of Fire and Police Commissioners determine that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld if any. In the conduct of this hearing each participating member of the Board pursuant to the pro- visions of this ordinance, shall have the power to administer oath and affirmations and the Board shall have power to secure by its subpeona both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. The age for retirement of fire and police officers will be 65 years unless the Board of Trustees shall by ordinance provide for an early retirement at an age of not less than 60 years. Nothing in this section shall be construed to prevent the Chief of the Fire or Police Department from suspending without pay any member of the Department for a period of not more than five (5) days, but he p o I M. shall notify the Board in writing of such suspension. Any fire or police officer so suspended may appeal to the Board of Fire and Police Commissioners to review the suspension within 24 hours of the suspension and upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse it with instruc- tion that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty (30)days or discharge the person depending on the facts presented. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by 1 aw. AYES: _6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 0 - None PASSED: February 2 1981 APPROVED: February 2 1981 Village President ATTEST: Villa Clerk VILLAGE OF BUFFALO GROVE ORDINANCE NO. 81 -1 AN ORDINANCE ANiENDING CHAPTER 2.28 OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE (BOARD OF FIRE AND POLICE COMMISSIONERS WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: SECTION 1. That Chapter 2.28 of the Village of Buffalo Grove Municipal Code is hereby amended in its entirety and the following Chapter 2.28 enacted in lieu thereof: 2.28.010 Adoption of State Code: Division 2.1 of Article 10, Chapter 24 of the Illinois Revised Statutes entitled Board of Fire and Police Commissioners is adopted by reference provi.ded,_. that Sections 10- 2.1 -1, 10- 2.1 -2, 10- 2.1 -4, 10- 2.1 -5, 10- 2.1 -8. 10- 2.1 -9, 10- 2.1 -15, 10- 2.1 -16, 10- 2.1 -17, 10- 2,1 -2.0, 10- 2.1 -27, and Division 3 of Article 10, Chapter 24, and Division 5 of Article 10, Chapter 24 of said state act are not adopted. 2.28 -020 Appointment - Terms of Office: The Board of Fire and Police Commissioners shall be appointed by the Village President with the consent of the Board of Trustees. The Board shall consist of five (5) members whose terms of office shall be three (3) ,years and until their respective successors are appointed. The terms of the members will be from May 1st to the Y appropriate April 30th and be staggered so that not more than two (2) members' terms expire on the same April 30th. No such appointment, however, shall be made by the Village President within thirty (30) days before the expiration of the Village President's term of office.• 2.28 -030 Officers,—Du-ties, Mee.tincs: The Chairman of the Board of the Fire and Police Commission shall be appointed by the Village President with the consent of the Board of Trustees. A Vice Chairman and Secretary will be chosen by the members of the Board of Fire and Police Commissioners. The Village Personnel Officer as defined by the Village Manager, will act as staff liaison to the Commission and shall have the right to take part in the discussion of all matters coming -1- �V" Q. -2- before the Board of Fire and Police Commissioners except for dis- ciplinary matters or investigation of written charges against an officer of the Fire or Police Department, but shall have no right to vote. The Fire and Police Chiefs shall have the right to take part in the examination of applicants and promotional examinations for their respective departments, but shall have no right to vote. A majority of the members of the Commission shall constitute a quorum. The Secretary of the Board shall keep the minutes of the Board's proceedings, shall be the custodian of all records pertaining to the Business of the Board, shall keep a record of all examinations held, and shall perform all of the duties the Board prescribes. 2.28.040 Appointment of Members — Fire and Police Departments: The Board of Fire and Police Commissioners shall appoint all officers and members of the Fire and Police Departments of the municipality except those positions exempted by Village ordinance. The sole authority to issue certificates of appointment shall be vested in the Board of Fire and Police Commissioners and all certificates of appoint- ment issued to any officer or member of the Fire or Police Department shall be signed by the Chairman and Secretary respectively of the Board of Fire and Police Commissioners upon appointment of such officer or member of the Fire or Police Department by action of the Board of Fire and Police Commissioners. Names of candidates will be removed from any eligibility list after having been on the list for more than two (2) years. If a member of the department is appointed Chief of Police or Chief of the Fire Department prior to being eligible to retire on pension, he shall be considered as on furlough from the rank he held immedi- ately prior to his appointment as Chief. If he resigns as Chief or is discharged as Chief prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank and therefore be entitled to all benefits and emoluments of such rank without regard to whether a vacancy then exists in such rank. AMzl .-3- All appointments to each department other than that of lowest ranks shall be from the rank.next below that to which the appointment is made except that the Chief of Fire or Police Department may be appointed from among the members of the Fire and Police Departments respectively regardless of rank unless the Village Board of Trustees shall have by ordinance otherwise provided. Any full time member of the Fire or Police Department which comes under the provisions of this ordinance is a Village Officer but is exempt from any residency requirements except as shall be set by specific departmental rules and regulations. 2.28.050 Rules and Publications: The Board shall make rules to carry out the purpose of this ordinance and for appointments and removals in accordance with the provisions of this ordinance. The Board from time to time may make changes in these rules. All rules and changes therein shall be printed immediately for dis- tribution. The Board shall give notice of the places where the printed rules may be obtained and of the date not less than ten (10) days subsequent to the time of publication when the rules and changes therein shall go into effect. This notice shall be published in a newspaper with a general circulation within the Village. i These rules of the Board shall apply only to the conduct of examinations for original appointments, for promotions, and to the conduct of he;.r- ings on charges brought against a member of the Police or Fire Depart- ment. No such rules shall. be made by the Board to govern the operation of the Fire or Police Department, or the conduct of its r,:embers. 2.28.060 Preference: The Board of Fire and Police Coli'missioners sna!I give two (2) preference points for original appointment to persons who were engaged in the military or naval services of the United States for a period of at least one (1) year and who were honorably discharged therefrom or who are now or who may hereafter be on inactive or reserve duty in such military or naval services. However, no person �M_I -4- will be eligible for employment in the Police Department, if such person was convicted by court - martial of disobedience of orders if such disobedience consisted of the refusal to perform military ser- vice on the grounds of religious or conscientious objection against war. Two (2) preference points shall also be given to regular mem- bers of the paid -on -call force of the Fire Department and general service officers of the Police Department who have served at least two (2) years, for original appointment to the respective departments. Any person eligible for preference under these provisions shall re- ceive as a result of any examination held for original appointment, a maximum of four (4) points. The numerical result thus attained shall be applied by the Board of Fire and Police Commissioners in determining the position of such persons on any eligibility list which has been recommended as the result of any examination for original appointment for purposes of preference in appointment to the Fire or Police Department. No person entitled to preference shall be required to claim such preference before any examination is held under the provisions of this ordinance, but such preference shall be given after the posting of the eligibility list at the request of such person before any appointments are made from the eligibility list, upon furnishing of evidence qualifying for preference. 2.28.070 Promotions: The Board, by its ;rules, shall provide for promotion in the Fire and Police Departments on the basis of ascer- tained merit and seniority in service and examination, and shall be filled by promotion. All examinations for promotion shall be compet- itive among such members of the next lower rank as desire to submit themselves to examination. All promotions shall be made from the three (3) having the highest rating, and where there are less than three (3) names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made there- from, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The method of -�5- examination and the rules governing examinations for promotion shall be the same as provided for applicants for original appointment, except that original appointments only shall be on probation, as provided by the rules. The Board shall strike off the names of candidates for promotional appointment after they have remained thereon for more than two (2) years, provided there is no vacancy existing which can be filled from the promotional register. 2.28.080 Removal or Discharge: Except as herein provided, no officer or member of the Fire or Police Department except those exempted by Village ordinance, shall be removed or discharged except for cause upon written charges and after an opportunity to be heard in their own defense. The Board of Fire and Police Commissioners shall conduct a fair and impartial hearing on the charges to be commenced within thirty (30) days of the filing thereof which hearing may be continued from time to time. In case an officer or member is found guilty, the Board may discharge him or may suspend him not ex- ceeding thirty (30) days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty (30) days. If the Board of Fire and Police Commissioners determine that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld if any. In the conduct of this hearing each participating member of the Board pursuant to the pro- visions of this ordinance, shall have the power to administer oath and affirmations and the Board shall have power to secure by its subpeona both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. The age for retirement of fire and police officers will be 65 years unless the Board of Trustees shall by ordinance provide for an early retirement at an age of not less than 60 years. Nothing in this section shall be construed to prevent the Chief of the Fire or Police Department from suspending without pay any member of the Department for a period of not more than five (5) days, but he �mc� 4 At -6- shall notify the Board in writing of such suspension. Any fire or police officer so suspended may appeal to the Board of Fire and Police Commissioners to review the suspension within 24 hours of the suspension and upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse it with instruc- tion that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty (30)days or discharge the person depending on the facts presented. SECTION 2. That this Ordinance shall be in full force and effect from and after its passage, approval, and publication in the manner provided by law. AYES: 6 - Marienthal, Stone, O'Reilly, Hartstein, Kavitt, Gerschefske NAYES: 0 - None ABSENT: 0 - None PASSED: February 2 1981 APPROVED: February 2 1981 ATTEST: u 2"A" " yu Villa e Clerk Village President