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1989-008CORRECTED ORDINANCE NO. 89 -8 AN ORDINANCE AMENDING CHAPTER 2.28 FIRE AND POLICE COMMISSIONERS OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLINOIS, as follows: Section 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove Section 2.28.043 which is to read as follows: 2.28.043 -- Age Limits -- Police Department The age limitation as set forth in Section 10 -2.1 -6 of Chapter 24 of the Illinois Revised Statutes does not apply to any person previously employed as a policeman in a regularly constituted police department of any municipality, county or state. Section 2. Section 2.28.080 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.080 -- Removal, discharge and demotion; retirement. 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, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their own defense. The board of fire and police commissioners, by its rules, shall determine whether probable cause exists- within .ten_ days. of filing of written charges. The board shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists, which hearing may be continued from time to time. In the event that charges against any officer of the fire or police department shall be sustained after a hearing by the board, the board may discharge or demote him and /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 commissioners 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 provisions of this chapter shall have the power to administer oaths and affirmations, 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. B. 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 days, but he shall notify the board in writing of such suspension. Any fire or police officer so suspended may appeal to commissioners to review the hours of the suspension and sustain the action of the reverse it with instruction the period involved, or it L� the board of fire and police suspension within twenty -four upon such appeal, the board may chief of the department, may that the person receive pay for may suspend the officer for an additional period of not more than thirty days or discharge the person and or demote the person, depending on the facts presented. C. The age for retirement of fire and police officers will be sixty -five years unless the board of trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Section 3. Subsection B of Section 2.28.040 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.040 -- Appointment of members -- Fire and police departments. B. All original appointments to the fire or police department shall be for a probationary period of eighteen months. All promotional appointments to the fire or police department shall be for a probationary period of one year. During the probationary period, an original appointee 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 necessary 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. During the probationary period, promotional appointees shall be considered as on furlough from the rank held immediately prior to promotion, and may be reinstated to such prior rank 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 necessary to furnish satisfactory service at the higher rank. The chief shall notify the board of fire and police commissioners in writing of such action. If a promotional appointee is not reinstated in his prior rank during the pr.ob ionary :period, his appointment shall be deemed complete at the end of the period. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 5 - Marienthal, Reid, Shields, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - Glover PASSED: January 16, 1989. APPROVED: January 16, 1989. illage President ATTEST: — pillage Clerk CORRECTED ORDINANCE NO. 89 -8 AN ORDINANCE AMENDING CHAPTER 2.28 FIRE AND POLICE COMMISSIONERS OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLINOIS, as follows: Section 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove Section 2.28.043 which is to read as follows: 2.28.043 -- Age Limits -- Police Department The age limitation as set forth in Section 10 -2.1 -6 of Chapter 24 of the Illinois Revised Statutes does not apply to any person previously employed as a policeman in a regularly constituted police department of any municipality, county or state. Section 2. Section 2.28.080 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.080 -- Removal, discharge and demotion; retirement. 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, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their own defense. The board of fire and police commissioners, by its rules, shall determine whether probable cause exists within ten days of filing of written charges. The board shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists, which hearing may be continued from time to time. In the event that charges against any officer of the fire or police department shall be sustained after a hearing by the board, the board may discharge or demote him and /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 commissioners 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 provisions of this chapter shall have the power to administer oaths and affirmations, 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. B. 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 days, but he 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 twenty -four hours of the suspension and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instruction that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty days or discharge the person and or demote the person, depending on the facts presented. C. The age for retirement of fire and police officers will be sixty -five years unless the board of trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Section 3. Subsection B of Section 2.28.040 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.040 -- Appointment of members -- Fire and police departments. B. All, original appointments to the fire or police department shall be for a probationary period of eighteen months. All promotional appointments to the fire or police department shall be for a probationary period of one year. During the probationary period, an original appointee 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 necessary 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. During the probationary period, promotional appointees shall be considered as on furlough from the rank held immediately prior to promotion, and may be reinstated to such prior rank 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 necessary to furnish satisfactory service at the higher rank. The chief shall notify the board of fire and police commissioners in writing of such action. If a promotional appointee is not reinstated in his prior rank during the probationary period, his appointment shall be deemed complete at the end of the period. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 5 - Marienthal, Reid, Shields, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - Glover PASSED: January 16, 1989. APPROVED: January 16, 1989. Village President ATTEST: Village Clerk BLOCHE, FRENCH & RAYSA, P.C. ATTORNEYS AT LAW SUITE 400 - 1140 LAKE STREET OAK PARK, ILLINOIS 60301 -1002 RICHARD G. RAYSA WILLIAM G. RAYSA RICHARD D. SKELTON THOMAS J. DEMPSEY Mr. William Brimm Finance Director Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL. 60089 Dear Bill, TELEPHONE (312) 386-7273 FAX (312) 386-4253 February 2, 1989 RE: Ordinance No. 89 -8, An Ordinance Amending Chapter 2.28 Fire and Police Commissioners of the Buffalo Grove Municipal Code The above captioned ordinance was passed by the Village Board on January 16, 1989. There is a typographical error in Section 1 of the ordinance as executed by the Village President and Village Clerk. The following language should not have occurred in said ordinance: "Section 2.28.041 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows:" I have also deleted the word "of" in the title of the ordinance. Enclosed herewith is a retyped Ordinance 89 -8 with the word "Corrected" in the upper left hand corner. Would you please have the Village President and Village Clerk execute the enclosed ordinance. The enclosed ordinance does not have to be re- passed since all it is doing is correcting a typographical error. Please destroy the old ordinance. Make distribution of the new ordinance once executed. Please forward new corrected ordinance to Book Publishing Company and inform them that this ordinance controls. Very truly yours, BLOCHE, FRENCH & RAYSA, P.C. William G. Raysa WGR:ss VILLAGE OF BUFFALO GROVE ORDINANCE NO. —/ ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO G VE THIS J,j DAY OF yy : 19 'Iff Published in pamphlet form by authority of the President and Board of Trustees of the Village of Buffalo Grove, Cook & Lake Counties, Illinois, this � day of 19_x? L. Village Clerk By Itn Deputy Clerk CORRECTED ORDINANCE NO. 89 -8 (__! AN ORDINANCE AMENDING CHAPTER 2.28 FIRE AND POLICE COMMISSIONERS OF THE BUFFALO GROVE MUNICIPAL CODE WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois Constitution of 1970; and NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK and LAKE COUNTIES, ILLINOIS, as follows: Section 1. There is hereby added to the Municipal Code of the Village of Buffalo Grove Section 2.28.043 which is to read as follows: 2.28.043 ii Me Limits -- Police Department The age limitation as set forth in Section 10 -2.1 -6 of r Chapter 24 of the Illinois Revised Statutes does not apply to any person previously employed as a policeman in a regularly constituted police department of any municipality, county or state. Section 2. Section 2.28.080 of the Village of Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.080 -- Removal, discharge and demotion; retirement. 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, discharged or demoted except for cause upon written charges and after an opportunity to be heard in their 6wn defense. The board of fire and police commissioners, by its rules, shall determine whether probable cause exists within ten days of filing of written charges. The board shall conduct a fair, impartial hearing of the charges to be commenced within thirty days of its determination that probable cause exists, which hearing may be continued from time to time. In the event that charges against any officer of the fire or police department shall be sustained after a hearing by the board, the board may discharge or demote him and /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 commissioners 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 provisions of this chapter shall have the power to administer oaths and affirmations, 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. B. 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 days, but he 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 twenty-four hours of the suspension and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instruction that the person receive pay for the period involved, or it may suspend the officer for an additional period of not more than thirty days or discharge the person and or demote the person, depending on the facts presented. C. The age for retirement of fire and police officers will be sixty -five years unless the board of trustees shall by ordinance provide for an early retirement at an age of not less than sixty years. Section 3. Subsection B of Section 2.28.040 of the Buffalo Grove Municipal Code is hereby amended to read as follows: 2.28.040 -- Appointment of members -- Fire and police departments. B. All original appointments to the fire or police department shall be for a probationary period of eighteen months. All promotional appointments to the fire or police department shall be for a probationary period of one year. During the probationary period, an original appointee 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 necessary 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. During the probationary period, promotional appointees shall be considered as on furlough from the rank held immediately prior to promotion, and may be reinstated to such prior rank 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 necessary to furnish satisfactory service at the higher rank. The chief shall notify the board of fire and police commissioners in writing of such action. If a promotional appointee is not reinstated in his prior rank during the probationary period, his appointment shall be deemed complete at the end of the period. Section 4. This Ordinance shall be in full force and effect from and after its passage and approval. AYES: 5 - Marienthal, Reid, Shields, Shifrin, Mathias NAYES: 0 - None ABSENT: 1 - Glover PASSED: January 16, 1989. APPROVED: January 16, 1989. pillage President f ATTEST: llage Clerk