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1982-014ORDINANCE #82- 14 AN ORDINANCE AMENDING CHAPTER 2.28 (BOARD OF FIRE AND POLICE COMMISSIONERS) OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE 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. Section 2.28.040 of the Village of Buffalo Grove Municipal Code is amended in its entirety to read as follows: A. 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 appointment 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 Commis- sioners upon appointment of such officer or member of the fire or police de- partment 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 years. B. All original appointments to the fire or police department shall be for a probationary period of one (1) year. During the probationary period, the employee may be dismissed without a hearing before the Board of Fire and Police Commissioners if the Chief of the department determines that the employee has failed to demonstrate the ability and the qualifications neces- sary to furnish satisfactory service. The Chief shall notify the Board of Fire and Police Commissioners in writing of such dismissal. If an employee is not dismissed during his probationary period his appointment shall be deemed complete at the end of the period. -2- C. 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 immediately 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. 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. D. Any full -time member of the fire or police department who comes under the provisions of this chapter is a Village Officer but is exempt from any residency requirements except as shall be set by specific departmental rules and regulations. SECTION 2. Section 2.28.070 of the Village of Buffalo Grove Munici- pal Code is amended to read as follows: The Board, by its rules, shall provide for promotion in the fire and police departments on the basis of ascertained merit and seniority in service and examination, and shall be filled by promotion. All examinations for pro - motion shall be competitive among such post - probationary members of the next lower rank as desire to submit themselves to examination. All promotions shall be made from the three having the highest rating, and where there are less than three names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made therefrom, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The method of examination and the rules governing examinations for promotion shall be the same as provided for applicants for original appointment, except that original appointments 0 � - -3- 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 re- mained thereon for more than two years, provided there is no vacancy existing which can be filled from the promotional register. SECTION 3. Section 2.28.080 Subsection A of the Village of Buffalo Grove Municipal Code is amended to read as follows: A. Except as herein provided, no post- probationary 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 days of the filing thereof, which hearing may be con- tinued from time to time. In case an officer or member is found guilty, the Board may discharge him or may suspend him not exceeding thirty days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty days. If the Board of Fire and Police Commssioners determines 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 chapter shall have the power to administer oaths and affirma- tions, and the Board shall have power to secure by its subpoena 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 sixty -five years unless the Board of Trustees shall by ordinance pro- vide for an early retirement at an age of not less than sixty years. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 6 Marienthal, Stone, O'Reilly, Hartstein, Gerschefske, Schwartz NAYES: 0 - None ABSENT: 0 - None PASSED: April 5, 1982 APPROVED: April 5, 1982 ATTEST: Zf Village Clerk Vi age President ,°% r a r 1 VILLAGE OF BUFFALO GROVE ORDINANCE NO. ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF UFFALO GROVE THIS DAY OF 2 �, 19 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook and Lake Counties, Illinois, this day of g2 ,�. ✓_ ! y ORDINANCE #82- 14 AN ORDINANCE AMENDING CHAPTER 2.28 (BOARD OF FIRE AND POLICE COMMISSIONERS) OF THE VILLAGE OF BUFFALO GROVE MUNICIPAL CODE 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. Section 2.28.040 of the Village of Buffalo Grove Municipal Code is amended in its entirety to read as follows: A. 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 appointment 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 Commis - sioners upon appointment of such officer or member of the fire or police de- partment 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 years. B. All original appointments to the fire or police department shall be for a probationary period of one (1) year. During the probationary period, the employee may be dismissed without a hearing before the Board of Fire and Police Commissioners if the Chief of the department determines that the employee has failed to demonstrate the ability and the qualifications neces- sary to furnish satisfactory service. The Chief shall notify the Board of Fire and Police Commissioners in writing of such dismissal. If an employee is not dismissed during his probationary period his appointment shall be deemed complete at the end of the period. -2- C. 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 immediately 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. 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. D. Any full -time member of the fire or police department who comes under the provisions of this chapter is a Village Officer but is exempt from any residency requirements except as shall be set by specific departmental rules and regulations. SECTION 2. Section 2.28.070 of the Village of Buffalo Grove Munici- pal Code is amended to read as follows: The Board, by its rules, shall provide for promotion in the fire and police departments on the basis of ascertained merit and seniority in service and examination, and shall be filled by promotion. All examinations for pro- ' motion shall be competitive among such post - probationary members of the next lower rank as desire to submit themselves to examination. All promotions shall be made from the three having the highest rating, and where there are less than three names on the promotional eligible register, as originally posted, or remaining thereon after appointments have been made therefrom, appointments to fill existing vacancies shall be made from those names or name remaining on the promotional register. The method of examination and the rules governing examinations for promotion shall be the same as provided for applicants for original appointment, except that original appointments U -3- 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 re- mained thereon for more than two years, provided there is no vacancy existing which can be filled from the promotional register. SECTION 3. Section 2.28.080 Subsection A of the Village of Buffalo Grove Municipal Code is amended to read as follows: A. Except as herein provided, no post- probationary 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 days of the filing thereof, which hearing may be con - tinued from time to time. In case an officer or member is found guilty, the -Board may discharge him or may suspend him not exceeding thirty days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty days. If the Board of Fire and Police Commssioners determines 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 chapter shall have the power to administer oaths and affirma- tions, and the Board shall have power to secure by its subpoena 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 sixty -five years unless the Board of Trustees shall by ordinance pro- vide for an early retirement at an age of not less than sixty years. SECTION 4. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 6 - Mar ienthal, Stone, O'Reilly, Nartstein, Gerschefske, Schwartz NAYES: 0 - None ABSENT: 0 - None PASSED: April 5, 1982 APPROVED: April 5, 1982 ATTEST: !- Ui 11 a e C1 erk -- Vi age President dent