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HomeMy WebLinkAboutRESOLUTION - 23-22 - 4/26/2022 - Revised Rules and Regulations of the Board of Fire and Police CommissionsRESOLUTION NO.23-22 A RESOLUTION ESTABLISHING REVISED RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF ELK GROVE VILLAGE NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Mayor and Board of Trustees do hereby authorize revised Rules and Regulations of the Board of Fire and Police Commissioners of the Village of Elk Grove Village, a copy is attached hereto and made a part hereof as if fully set forth. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: 5 NAYS: 0 ABSENT: 1 PASSED this 2611 day of April 2022 APPROVED this 26" day of April 2022 APPROVED: Mayor Craig B. Johnson Village of Elk Grove Village ATTEST: Loretta M. Murphy, Village Clerk RULES AND REGULATIONS OF THE BOARD OF FIRE & POLICE COMMISSIONERS OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS Amended May 1, 2022 1 TABLE OF CONTENTS ARTICLE 1- ADMINISTRATION Section1 Source of Authority.......................................................................................................................... 3 Section2 Definitions........................................................................................................................................... 3 Section3 Officers of the Board....................................................................................................................... 3 Section4 Meetings...........................................................................................................................................3-4 Section5 Records.............................................................................................................................................4-5 Section6 Rules.................................................................................................................................................. 5-6 ARTICLE I1- ORIGINAL APPOINTMENT Section 1 Application Standards.................................................................................................7 Section 2 Notice of Examinations............................................................................................... 8 Section3 Examinations...................................................................................................................................... 8 Section4 List of Eligibles........................................................................................................................... 9-10 Section5 Appointment....................................................................................................................................10 ARTICLE III - CONDITIONS OF EMPLOYMENT Section 1 Original Probation...................................................................................................................11-12 Section2 Residency...........................................................................................................................................12 Section3 Order of Rank...................................................................................................................................12 Section 4 Other Conditions of Employment............................................................................................12 Section 5 Governing Rules and Regulations............................................................................................12 Section 6 Enumeration of Rules and Regulations..........................................................................12-13 Section 7 Political Contributions.................................................................................................................13 Section8 Political Activities...........................................................................................................................13 ARTICLE IV - PROMOTIONAL APPOINTMENTS Section1 Notice..................................................................................................................................................14 Section2 Eligibility............................................................................................................................................14 Section3 Direction.............................................................................................................................................14 Section4 Fact Sheet...........................................................................................................................................14 Section5 List of Eligibles................................................................................................................................14 Section6 Fraud...................................................................................................................................................14 Section7 Veteran's Preference.....................................................................................................................15 Section8 Duration of List................................................................................................................................15 Section 9 Promotional Appointment..........................................................................................................15 Section 10 Demotion from Promotional Rank..........................................................................................15 ARTICLE V - TESTING AND FACT SHEETS Section1 Generally............................................................................................................................................16 Section2 Fact Sheet Usage......................................................................................................................16-17 ARTICLE VI - SUSPENSIONS. DISCHARGES. HEARINGS Section1 Definitions.........................................................................................................................................18 Section 2 Causes for Suspension or Discharge.......................................................................................18 Section3 Complaints........................................................................................................................................19 Section4 Pre -Hearing Procedure................................................................................................................20 Section5 Hearing Procedure.........................................................................................................................21 Section6 Suspension.................................................................................................................................21-22 Section 7 Discharge or Suspension After Hearing................................................................................22 r:1,14rc*l ADMINISTRATION SECTION 1. SOURCE OF AUTHORITY A. General Authority: The Board of Fire & Police Commissioners of the Village of Elk Grove Village, Illinois derives its power and authority from an Act of the General Assembly entitled, "Division 2.1 Board of Fire and Police Commissioners",-65 ILCS 10- 2.1-1 et seq,and Title 2, Chapter 7 of the Elk Grove Village Code. These Rules and Regulations shall apply to the government, control, and administration of the Commission and to the conduct of examinations for original appointments to, of examinations for promotions within, and of hearings on charges brought against members of the Village's Fire and Police Departments. B. Exempt Positions/Ranks. These Rules and Regulations shall not apply to any appointed ranks within the Police and Fire Departments that the Village Board of Trustees has exempted from the Commission's jurisdiction and authority. C. The Board retains all powers and authority as set forth in Division 2.1 of the Illinois Municipal Code, unless otherwise provided for in these Rules and Regulations. SECTION 2. DEFINITIONS The word "Commission" and/or "Board" wherever used shall mean the Board of Fire and Police Commissioners of the Village of Elk Grove Village, Illinois. The word "Officer" shall mean any person holding a permanent office in the Police or Fire Department of the Village of Elk Grove Village, Illinois. The singular includes the plural, and the plural the singular. The word "act" wherever used shall mean the act cited above in Section 1. The word "secretary", wherever used shall mean "ex officio" secretary. SECTION 3. OFFICERS OF THE BOARD The three -member board selects the positions held by its members on an annual basis. The Chairperson shall hold office for one full year and until a successor is duly appointed by the commission. The Chairman shall be the presiding officer at all meetings. The Village Manager shall appoint a Village employee to act as the recording secretary of the Board. The Secretary shall keep the minutes of all meetings of the Board in a permanent record and shall be custodian of all the forms, papers, books, records and completed examinations of the Board as the State's Records Retention Act and Open Meetings Act requires. The Recording Secretary shall work within the confidence and confidentiality as so directed by the Village Manager and the Board. The Board's recording secretary is not a member of the Board and has no voting rights regarding commission business. SECTION 4. MEETINGS a. Regular Meetings Public Notice - The Commission shall hold its regular meetings at least once each month. Notice shall be posted by the Secretary as provided by law and shall be open to the public. In January of each year, the Commission shall post a schedule of its regular meetings for that calendar year. 3 b. Special Meetings - Board and Public Notice -Special meetings may be called by the Mayor, the Village Board of Trustees, the Chairman or a working quorum. Special meetings shall require the Secretary to give 24 hours written or verbal notice to each Commissioner. Media representatives who have filed a notice of meetings pursuant to the Open Meetings Act shall also be notified. c. Open Meetings Act - Special and regular meetings shall be open as provided under the Illinois Open Meetings Act, except under the provisions of exemption of said act. d. Quorum - Two members of the Board shall constitute a quorum for the conduct of all business. e. Procedure 1) The Chairman shall be the presiding officer at each meeting and shall have such duties as ordinarily pertain to such office. In the Chairman's absence the Secretary shall preside. 2) The parliamentary procedure prescribed in Robert's "Rules of Order" shall be followed as far as is practicable. Such procedure may be waived by a majority vote. SECTION S. RECORDS The Board shall keep such records as are deemed necessary and shall include, but are not limited to: minutes, fact sheets, correspondence, notices, hearings, applications, test scores and materials. Minutes - The Recording Secretary shall keep such minutes as are deemed necessary by the Board. Such minutes shall include, but are not limited to, all motions and seconds, their authors, and the actions taken thereon. In the Secretary's absence, the Chairman shall tend to the minutes. b. Confidential Files - All confidential information contained in applications for position in either department, references, and results of investigations, shall be maintained by the Recording Secretary in a confidential file and shall not be available to any person other than Board members, or department heads when deemed necessary by the Board. Referent laws governing disclosure and open records shall control all record access. c. Commission Office - The Commission shall maintain a regular office in the Village of Elk Grove Village, 901 Wellington Avenue. All records and documents shall be maintained at such office. d. Correspondence - The Recording Secretary shall attend to all correspondence of the Commission and shall be the custodian of the Commission seal. 1) Budget - The Recording Secretary shall prepare the annual Commission budget as required by ordinance or Section 10-2.1-19 of the Illinois Compiled -Statutes. 4 2) Annual Report - The Board shall submit an annual report of its activities as required by Section 10-2.1-19 of the Illinois Compiled Statutes to the Mayor. Such report shall include a budget request for the ensuing year. 3) Form of Correspondence from Departments - When making written notifications or requests on any matter requiring approval, endorsements, or grants of permission from the Commission, the Chiefs of either the classified divisions shall provide the Commission with the signed original and duplicate copy of same upon their particular department letterhead or email correspondence directly to the Board's Recording Secretary. 4) Certificate of Appointment- The Recording Secretary shall prepare of cause to be prepared the certificate of appointment required by Illinois law (see Exhibit A). Purging of the Commission Files - The Recording Secretary of the Commission may, by and with the consent of the Commission, remove, delete, store or destroy any reports, communications, correspondence, folders, examinations, and etc. which have been in the Commission files in compliance with the Illinois Compiled Statutes. In each instance, where files are purged, they shall be done for good cause shown or by the agreement of parties involved and with the express consent of the Fire and Police Commissioners. f. Federal Records - The Commission Recording Secretary shall keep or cause to be kept such records of race and sex as maybe required by federal or state authority and shall take such measures as the Board may deem necessary, to insure that they remain separate from and do not affect the selection process. g. Addresses of Eligible - The Recording Secretary shall maintain a roster of the current addresses and phone numbers of all candidates on original lists of eligibles, the burden for the accuracy of such record to rest with the candidate. SECTION 6. RULES Generally. and Severabilitv - In accordance with Illinois Compiled Statutes 10-2.1- 5, the Commission shall make and maintain such rules as they deem necessary to carry out the provisions of Division 2.1. If any section or portion thereof these rules and regulations are for any reason, found to be invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision. Such finding shall not affect the remaining portions of these rules and regulations. b. Maintenance - The Commission shall keep a record of all officially distributed copies of said rules and adopt a system for the notice and maintenance of said rules in the event of amendments in accordance with Section 10-2.1-5 of the Act. c. Amendments - The Commission may recommend changes to these Rules by a majority vote. Proposed amendments will be submitted to the Village Board of Trustees for consideration. Upon approval by the Village Board of Trustees, the Commission shall publish a notice and copy of the amended rules on the Village's website. The amended rules will take effect no sooner than ten (10) calendar days after their publication on the Village's website. d. Collective Bargaining Agreements - In the event of a conflict between Commission Rules and any collective bargaining agreement that applies to the Village's sworn police and fire personnel, the terms of the collective bargaining agreement will control. ARTICLE II ORIGINAL APPOINTMENT SECTION 1. APPLICATION STANDARDS All candidates shall meet such standards of health, character and fitness as are established by the Commission. The Commission may adjust standards from time to time in accordance with law, technology, and the changing needs of the Fire & Police Departments. The burden of establishing applicant fitness shall rest with the applicant. a. Written Policies -In accordance with Illinois Compiled Statutes concerning Fire and Police Commissions, the policies, forms and procedures for original appointment shall be written and approved by the Commission prior to the acceptance of applicants for a given position. b. Disqualification prior to or during testing -The Commission may refuse to examine or continue to examine any applicant: 1) who is found lacking in any of the established preliminary requirements for the service applied to; 2) who has been convicted of a felony or any misdemeanor involving moral turpitude as defined in section 10-2.1-6; 3) who has been dismissed from any public service for good cause. 4) who has engaged in any illegal conduct (regardless of the existence of a conviction), which the Board deems inconsistent with the position of an entry-level police officer or firefighter; 5) who has attempted to practice any deception or fraud in any aspect of application; 6) who has improperly filed his application or failed to comply with the filing instructions; 7) who has made inaccurate answers or provided inaccurate information at any time during the examination process; 8) who has failed any examination component for the applied -for position; or 9) who has character or employment references that are deemed unsatisfactory. 7 c. Fact Sheets - A document of procedures, policies and requirements shall be issued to each candidate at the time of application. The contents and maintenance of fact sheets are addressed in Article V. d. Release of Liability and Information - Prior to commencing the examination, the applicant must sign and deliver to the Board or its agent a release of all liability related to the examination processes in a form and content provided by the Board. The applicant must also sign and deliver to the Board or its agent a waiver and release of information in order to allow the Board to conduct a proper investigation into the applicant's qualifications for employment. SECTION 2. NOTICE OF EXAMINATIONS a. Announcement - When the Board deems it appropriate to conduct an examination for the entry level rank of police officer or firefighter, the Board shall publish a notice of that examination on the Village's website and via other sources as the Board deems appropriate. Such notice must be provided at least two (2) weeks prior to the date of the entry level examination. The Notice will include instructions regarding how to submit an application for employment as an entry-level police officer or firefighter. b. Postponement - Examinations may be postponed by orders of the Commission. In such event, all applicants will be notified of the reason therefore, and the new date set for said examination. SECTION 3. EXAMINATIONS a. Scone - The Commission shall designate by fact sheet such tests as are professionally and legally accepted in such matters and may include, but are not limited to: mandatory attendances, written, psychological and polygraph tests, medical and drug examinations, oral examinations, background investigates, tests of physical agility, tests of personality and aptitude. The Commission shall also set the acceptable standards thereon all within the purview of the Illinois Compiled Statutes. No Examination shall contain questions regarding a candidate's political or religious affiliations. b. Review - Examinations and their results shall be considered confidential and protected documents not normally subject to review. c. Background Investigation and Medical Exams -- An applicant must successfully pass a criminal and employment background investigation, which may include a polygraph examination. Upon successful completion of that background investigation, an applicant will be made an offer of employment, conditioned exclusively on the successful passage of a physical and psychological medical examination (which may include a pre -employment test for the use of alcohol and illegal drugs). SECTION 4. LIST OF ELIGIBLES Lists of eligibles shall be compiled in accordance with the procedures set forth in the fact sheet specific to the test being given. a. Tie Breaking - Candidates shall be listed in descending order of excellence based upon their final score. In the event that two (2) or more eligibles have the same score on the list of eligibles, the tie shall be broken by giving preference to the candidate who has obtained the highest score on the subtest with the greatest weight. If a tie shall again arise, it shall be broken by giving preference to the candidate with the highest score on the successively descending highest weighted subtests until the tie is broken. Should a tie occur on all subtests, the tie may then be broken by lottery b. Notification - Notice of the score and position of the list of eligibles shall be sent to each person appearing thereon. c. Change of Address -It shall be the duty of each candidate for appointment to inform the Commission in writing of any change of address within five (5) working days. d. Failure to Respond - Candidates on active lists of eligibles who fail to respond to formal notice of request for appointment by writing within five (5) working days of receipt of notice shall be deemed to have waived all interest in appointment. e. Enforcement of Standards - All eligiblesare expected to continue to satisfy the entrance standards during their total period of eligibility for appointment. f. List Duration - The list of eligibles for original entry shall have a life of two (2) years from date of Commission certification, or until no names remain thereon, whichever is shorter. g. List Extension - The Commission may vote to extend the list in six (6) month increments for as long as they deem necessary. h. Striking from List - The Commission may strike from the list of eligibles, any candidate who fails to meet the standards set forth for original entry. In addition, any person who is discovered to have made false representation in any document or examination or who aids on committing such fraud, to gain a position on the list shall be stricken therefrom. i. Intermingling Lists - Lists of eligibles shall be considered inviolate during their life and no list shall be modified in any way by the adding of eligibles thereto. j. Test Failure at time of Appointment - Placement on the list of eligibles shall be considered subject to such timely pass/fail tests of fitness as have been prescribed in the fact sheet to be completed at the time of appointment. k. Certified Law Enforcement Preference in Hiring -In accordance with 65 ILCS 5/10- 2.1-14 Section 14 of the Fire and Police Commission Hiring Act, the Commission may give preference in hiring to candidates who have current certification from the Law Enforcement Training and Standards Board. This preference may include 0 awarding additional preference points and/or skipping non -certified candidates on the list of elgibiles. SECTION 5 APPOINTMENT Candidates shall be appointed to the police and fire departments in their order of appearance on the applicable list of eligibles and upon passing all final tests previously set forth by the Commission. No appointment shall be deemed complete until a certificate is issued in accordance with Illinois -Compiled Statutes. a. Requisitions - Whenever an appointment is requisitioned due to a vacancy or increase in department size, the Village Manager or the mangers designee shall notify the Commission in writing of the number and type of positions to be filled. b. Decline of Appointment -Any candidate may decline an initial offer of employment. The commission will then offer the position to the eligible standing next upon the list. No candidate may decline a second offer of employment and upon such decline shall be stricken from the list without further recourse. c. Oath of Office - All Commission appointees shall be sworn in at the place and time designated by the Commission. It shall be the duty of the Mayor, Clerk, or Commission to conduct such oaths. The following oath shall be given before any person authorized to administer oaths in the State of Illinois: "I do solemnly swear or affirm that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of according to the best of my ability." Signed: Notary Public Subscribed and sworn to before me this day of A.D., 20_. 10 ARTICLE III CONDITIONS OF EMPLOYMENT SECTION 1. ORIGINAL PROBATION All newly appointed firefighters shall serve a probationary period of twelve (12) months, unless extended as hereinafter provided. Newly appointed police officers shall serve a probationary period of eighteen (18) months subsequent to completing the academy. a. Regular Evaluation - During such period, the employee's performance shall be evaluated by the proper superior officers at a minimum of six (6) month intervals, such reports to be submitted to the Board in writing. b. Confirmation - At the completion of the probation period, if the appointee's proven performance and conduct are satisfactory, the Chief of the department shall affirm this fact in writing to the Commission. The Board shall then issue a formal notice of permanent appointment. c. Probationary Discharge / Resignation - 1) Prior to the completion of the probationary period, the Chief may effectuate summary discharge by informing both the probationer and the Commission in writing of the reasons therefore. 2) A probationary officer may be summarily discharged by the Board without formal hearing conducted for his or her removal. 3) A probationary employee may resign from the Department during the probationary period. Should the resignation occur subsequent to initial or extended training at the Police or Fire Academy then the probationary officer shall be obligated to reimburse the Village for all costs of said training and uniforms at the discretion of the Village. d. Certification - Requirements 1) Final certification of probationary Police Officers shall be subject to successful completion of the Basic Training Course as provided by the Illinois Governmental Law Enforcement Officers Training Board, and the Department's Field Training Program within the prescribed probationary period, as well as other the completion of other standards in the discretion of the Chief. 2) Final certification of probationary Firefighters/Paramedic shall be subject to successful completion of the Certified Firefighter II Training Course as prescribed by the Illinois Fire Protection Personnel Standard and Education Commission within the prescribed probationary period, as well as other the completion of other standards in the discretion of the Chief. 11 e. Leave of Absence / Extension of Probation -If during the probationary period, a probationary officer requests and is granted a leave of absence by the Village Manager, the Board shall extend the probationary period for an equivalent period of time. Any leave of absence from active duty shall toll the probationary period. SECTION 2. RESIDENCY a. Conditions - Failure to maintain residency during employment, or failure to be domiciled at the address listed with the Fire/Police Department which is within the boundaries set forth by the Village personnel rules and regulations, shall be considered sufficient cause for dismissal. b. Notice of Change of Address - All employees shall notify the Chief of the department of any change of address within twenty-four hours (24) of relocation. Failure of such action shall constitute grounds for possible disciplinary action. SECTION 3. ORDER OF RANK Order of rank in the Police & Fire Departments shall be provided by the Village Ordinance. SECTION 4. OTHER CONDITIONS OF EMPLOYMENT Resignation, retirement, reduction in force, and leaves of absence shall be in accordance with controlling federal law, state statute, village ordinance or departmental policy. Protocols for such procedure shall not be controlled by the Board, but the Board shall be apprised in writing of each such action and the controlling conditions appertaining thereto. Resignation and retirement protocols shall be controlled by the Board provided that any resignation to the Chief of either Department shall be deemed valid upon its acceptance by the Chief or under applicable law. The age for retirement of fire and police officers shall be sixty-five (65) years in accordance with the Illinois Compiled Statutes(65 ILCS 5/10-2.1-17). SECTION 5. GOVERNING RULES AND REGULATIONS All members of the Police and Fire Departments of the Village shall obey and conduct themselves in accordance with the following enumerated Rules and Regulations. A violation of any such Rule, Regulation or General Order shall be cause for suspension or discharge of a police officer or firefighter. SECTION 6. ENUMERATION OF RULES AND REGULATIONS The following Rules and Regulations, whether set forth herein, or identified and referred to herein, are hereby established to be the Rules and Regulations governing the conduct of police officers and firefighters. a. The laws of the Federal, the State, and the Village governments. 12 b. The Rules and Regulations of the Police or Fire Department of the Village of Elk Grove Village, as the case may be. c. The General Orders, written or oral, of the Police or Fire Department of the Village of Elk Grove Village. d. The Personnel Rules and Regulations of the Village. SECTION 7. POLITICAL CONTRIBUTIONS No person in the Police or Fire Department of the Village of Elk Grove Village shall be under any obligation to contribute any funds or render any political service, and no such person shall be removed or otherwise prejudiced for refusing to do so. No person in the Police or Fire Department of the Village shall discharge or promote or reduce, or in any manner, change the official rank or compensation of any other person in such service, or promise or threaten to do so, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or in any other manner, directly or indirectly, use his official authority or influence to compel or induce any other person to pay or render any political assessment, subscription, contribution or service. SECTION 8. POLITICAL ACTIVITIES No person holding a position in the Police or Fire Department of the Village shall use his official authority or influence to coerce the political action of any person or body, or to interfere with any election. 13 ARTICLE IV PROMOTIONAL APPOINTMENTS The Commission shall provide for promotion on the basis of ascertained merit and seniority in service and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank as desire to submit themselves to examination. Promotions in the Fire Department shall be administered according to the terms of the Fire Department Promotion Act, 50 ILCS 742/1 et. seq. or the terms of the applicable Collective Bargaining Agreement. a. The Commission in determining next in order of rank in promotional examinations herewith determines a policy of extending the examination successively through all the orders of rank in the services in an endeavor to qualify suitable eligible or eligibles for the vacancy or vacancies existing before extending the examination to the general public. b. The Commission shall at all times maintain a valid list of eligibles. SECTION 1. NOTICE A notice of the time, date and location of every promotional examination shall be given by the Commission to eligible members of the Department at a minimum of 2 weeks preceding the exam. SECTION 2. ELIGIBILITY Eligibility rules shall be determined by the collective bargaining agreement or the departments rules. SECTION 3. DIRECTION All promotional examinations shall be given by or under the direction of the Commission. The Commission may call upon other persons, not members of the Commission, for assistance in preparing, holding or rating the results of any promotional examination. SECTION 4. FACT SHEET The Commission shall post a fact sheet in accordance with the provisions of Article V. SECTION 5. LISTS OF ELIGIBLES The list of eligibles shall be compiled in accordance with the provisions on the fact sheet. SECTION 6. FRAUD Any fraud attempted or practiced may result in exclusion from examination, striking from list of eligibles or discharge from employment. 14 SECTION 7. VETERAN'S PREFERENCE Veteran's preference for promotions shall be granted in accordance with Illinois Compiled Statutes. a. No person shall receive veteran's preference for promotion after receiving one promotional appointment from a list upon which such credit was granted. b. The total value of veteran's credit may not be split for use on successive lists. The full point value must be employed with each application. SECTION 8. DURATION OF LIST The life of the list of eligibles for promotion shall be three (3) years for police promotion lists and for not less than two (2) years nor more than three (3) for fire promotion lists. Extensions of the list of eligibles are not permissible. SECTION 9. PROMOTIONAL APPOINTMENT Police Department -Appointments shall be made by the Commission from the three (3) highest names on the current lists of eligibles in accordance with the provisions of Illinois Compiled Statutes. Appointments in the Fire Department shall be made according to the terms of the Fire Department Promotions Act or the applicable Collective Bargaining Agreement. No promotion shall be deemed to have been affected by the Board until a certificate be issued in accordance with Illinois Compiled Statutes. a. Notification - Whenever a promotional vacancy occurs or a new appointment is to be made, the Mayor or his authorized agent shall notify the Commission of such fact in writing. b. No candidate may decline a second offer of promotion, and upon such decline shall be stricken from list without further recourse. SECTION 10. DEMOTION FROM PROMOTED RANK All police officers promoted subsequent to the enactment of the amendatory Section shall be required to perform all of the duties and responsibilities of the newly promoted rank. Subsequent to such promotion and upon a determination by the Police Chief that the promoted officer is not satisfactorily performing the duties and responsibilities of the promoted rank, a petition to demote the officer back to his prior rank may be filed by the Chief to the Board. The petition shall set forth the grounds for which the demotion is being sought and notice thereof shall be given to the affected officer within twenty-four (24) hours of the filing of the petition. The Board shall conduct a hearing with respect to the petition for demotion which hearing shall be held in substantial conformance with the herein requirements set forth in Article VI of Section 5 of these rules. Demotions from promoted ranks in the Fire Department shall only be made in accordance with the Fire Department Promotions Act or the provisions of the applicable Collective Bargaining Agreement. 15 ARTICLE V TESTING AND FACT SHEETS SECTION 1. GENERALLY The Commission recognizes that actual tests, weights and procedures employed in the hiring and promoting of candidates are controlled by changing law and technical procedures. To adapt efficiently to this state of affairs, the Commission shall separate rules from actual test procedures by the mechanism of the fact sheet. The fact sheet shall be considered a policy statement by the Board for a specific list of eligibles. Although bound by the dictates of each individual fact sheet, no fact sheet shall be construed as rules under Illinois Compiled -Statutes and may be changed, at the Board's discretion, without public notice, for such legal, technical, professional or practical reasons as the Board may choose. The fact sheet shall become a part of the minutes and records of the Board. a. Tests employed by the Commission shall conform to recognized professional standards and shall give deference to federal, state and local regulations relative to employment and testing. The Board shall consider and may be guided by controlling authority, be is state or federal, to effect substantial compliance with law. Applicant and promotional testing in the Fire Department shall comply with the terms of the Fire Hiring Act, 65 ILCS 5/10-2.1-6.3 or the Fire Department Promotion Act, 50 ILCS 742/1 of the Illinois Compiled Statutes. b. When deemed necessary or desirable by the Commission, tests shall be conducted by or with the assistance of such consultants as the Commission may appoint. SECTION 2. FACT SHEET USAGE The Commission shall publish, deliver, and otherwise make available to all candidates a fact sheet of hiring or promotional information at some time prior to the first scored procedure. a. The fact sheet shall contain such information and guidelines as are normally given and professionally recommended and may include but shall not be limited to, the order and type of tests and pre -requisites that shall comprise the testing procedure culminating in a list of eligibles. b. The fact sheet shall include each scored or mandatory step of the testing for the positions under Commission purview, and such weights and passing scores, if any, as are employed in the calculation of the list position. i. Entry Level Tests - Examinations at the entry level may include but are not limited to: orientations, physical aptitudes, written, psychological, oral, medical, polygraph deception detection, drug screens, and background investigation. 16 ii. Promotional Tests - Examinations at the promotional level may include, but are not limited to written, oral, efficiency ratings, promotability ratings, Chiefs points, and seniority points. c. The fact sheet may also include such information as: i. Application procedures and consequences, testing dates and locations, required materials or dress. ii. Necessary pre -requisites for employment such as age, education, medical condition, citizenship, etc. iii. Responsibility for recency of address, procedure for notification of results by the Commission, procedure for requesting military points or other preference points. iv. Procedures and deadlines for seeking redress of action. v. Conditions of employment such as pay, benefits, probation procedures, waivers of appointment privileges, post -employment residency, and conduct requirements. vi. Methods for contacting Commission, review principles. 17 ARTICLE VI SUSPENSIONS, DISCHARGES, & HEARINGS A. Collective Bargaining Agreements. The provisions of any collective bargaining agreement that apply to the Village's sworn police and fire personnel shall govern and control to the extent they are inconsistent with this Article. B. Probationary Employees and Exempt Management Personnel. This Article does not apply to probationary employees, who may be suspended or removed from Village service without cause or a finding of a substantial shortcoming. This Article also does not apply to the suspension or removal of employees who currently hold a management position that the Village Board of Trustees has exempted from the Board's appointment authority. SECTION 1. DEFINITIONS Counsel as used herein means, one who has been admitted to the bar as an Attorney at Law in the State of Illinois. Cause is some substantial shortcoming which renders continuance in employment in some way detrimental to the discipline and efficiency of the public service and something which the law and sound public opinion recognize as cause for the officer no longer occupying his position. The right to determine what constitutes cause is in the Board. Preponderance of evidence is defined as the greater weight of evidence, that is to say, it rests with that evidence which, when fairly considered produces the stronger impression, and has a greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto. SECTION 2. CAUSES FOR SUSPENSION OR DISCHARGE Fire and Police Department personnel shall be governed by the rules of the Fire & Police Commission and by the regulations of the specific department. Members of said departments shall not comport themselves in a manner as to bring discredit upon themselves, the department, or the Village of Elk Grove Village. a. Violations of said rules or regulations shall constitute cause for the filing of charges before the Board and for hearing and action thereon. b. Violation of the laws of the Village, State (except as otherwise provided therein), or federal government shall constitute cause for the filing of charges before the Board, and for hearing and action thereon. 18 SECTION 3. COMPLAINTS a. Form of Statement - Charges filed with the Commission shall be brief in reciting violations of rules and shall consist of offense(s) in the language of said rule, the person involved, and the date(s) of violation. Evidence to be presented at the hearing shall not be included in the charges. Upon request a comprehensive list of witnesses shall be provided either party appearing before said commission. b. Form of Paper - All papers filed in any portion of the proceeding shall be typed on one side of each page, double spaced, except that long quotations may be single spaced and indented, shall not be larger than 8-1/2" wide by 11" long with inside margins not less than one inch. Originals shall be signed by the filing party or agent thereof. Should such agent be an attorney of record, such attorney's full name and address shall be included thereon. c. Confirmation of Form - Any doubt as to procedure or specifications as regards the filing of charges may be resolved by consulting the Commission Chairman or Secretary, or the Board's Attorney. d. Complainant. Charges seeking a disciplinary suspension or removal maybe filed by only the Police Chief, Fire Chief or Village Manager. SECTION 4. PRE -HEARING PROCEDURE a. Filing - All papers may be filed with the Board by mail, e-mail or delivering them personally to the Recording Secretary of the Board at Elk Grove Village, Illinois. For the purpose of these Rules and Regulations, the filing date of any paper shall be the date it was received in the Board's office, in the event the paper is delivered personally or by mail, or electronically. In the event a paper is forwarded by mail, the date received shall be the controlling time. b. Service - All papers required by these Rules and Regulations to be served shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed with postage prepaid, to the designated party at his last known residence as reflected by the complaint filed with the Board, except as herein otherwise provided. Proof of service of any paper may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt showing that a paper was mailed, by either registered or certified mail, return receipt requested, to a party's address where it was received by a named party. c. Computation of Time - The time within which any act under these Rules is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in an statute now or hereafter in force in the State, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday, then such succeeding day shall also be excluded. 19 d. Date of Hearing and Notice - The time and place for the hearing of charges shall be set by the Board, within thirty (30) days of the time of filing of such charges, unless waiver is requested or accepted by the charged party of by mutual agreement of the parties thereto. Notice of such hearing shall be issued the Board in accordance with Section 4 of Article VI of these rules. e. Probable Cause -The Board shall have the right to determine whether there is or is not probable cause for hearing a complaint and may conduct such informal hearings as may be necessary for such purpose. f. Objectives to Sufficiency of Charges - Motions or objections as to sufficiency of written charges must be filed or made prior to or at the hearing before the Board. g. Continuances - The matter of granting or refusing to grant a continuance of a hearing is within the discretion of the Board. No hearing shall be continued at the request of any of the parties to a proceeding or their attorneys, unless such request is either made orally to the Chairman of the Board, or received in writing at the Board's offices at least three (3) days before the scheduled hearing date. h. Stipulations - Parties may, on their own behalf, or by counsel, stipulate and agree in writing, or on the record, to a continuance or as to evidentiary matters. The facts so stipulated shall be considered as evidence in the proceeding. i. Subpoenas 1. Either the complainant or the respondent may, at any time before the hearing, make application to the Board by filing with it a written request for subpoenas for any individual to appear for a hearing or have them produce books, papers, records, accounts and other document as may be deemed by the Board to be relevant to the hearing. On the filing of such application, subpoenas will be issued for the named persons. Subpoenas may be served by any person of the age twenty-one (21) years and upwards designated by the party requesting the subpoenas. Application for subpoenas should contain the names and addresses of the individuals to be subpoenaed, and the identity of any documents which they are to produce. Subpoenas will not be issued for anyone residing outside of the State of Illinois. 2. Any request for continuance by reason of inability to serve subpoenas shall be field on the office of the Board at least three (3) days before the date set for such hearing, provided, however, that the Board in its discretion may waive this rule. j. Waiver of Right to Trial (Laches) - Any defendant who fails to request a hearing within the period provided for herein, or who fails to appear at such hearing set by the Board shall forfeit the right to be heard or present arguments or evidence to the Board. 20 SECTION S. HEARING PROCEDURE a. Public Hearings - All hearings shall be public in accordance with the Illinois Open Meetings Act. b. Procedure - Hearings before the Board are not common law proceedings; the provisions of the "Civil Practices Act" do not apply. However, the principles of fundamental fairness do apply to all arguments and evidence submitted to the Board. c. Legal Counsel - Both parties with matters before the Board may be represented by counsel. d. Transcription- All proceedings before the Board shall be recorded by a court reporter, the cost of such services to be borne by the Board, although such record need not be transcribed unless requested by the Board or any party of interest. Burden of Proof - The party initiating any proceedings which call for a hearing before the Board has the burden of proof to establish that cause does or does not exist in the event of any appeal of suspension by a "preponderance of evidence" and should the question of a crime be involved, the rules of "reasonable doubt" shall not control. Examination of Witnesses - The Board will first hear the witnesses substantiating the charges or the appeal which have been made against the respondent or the party requesting an appeal of suspension, as the case may be. Thereafter, the responding party may present and examine those witnesses whom he desires the Board to hear. All parties shall have the right to cross-examine witnesses presented by the opposite party. g. Findings and Decision - The finding and decision of the Board, following a hearing of .charges, shall be preserved by the Secretary, and notice of said finding and decision sent to the officer involved and the department head for enforcement. The Board shall have fifteen (15) days to enter said findings. If the finding or decision is that an officer or employee is guilty of charges investigated, and removal or discharge is ordered, such order of removal or discharge shall become effective forthwith. SECTION 6. SUSPENSION a. The Board may suspend any member of the Fire or Police Departments against whom charges have been preferred, with or without pay, pending a hearing of the charges by the Board, but not to exceed thirty (30) days, without pay, at any one time on any individual charge. Continuances may be granted at the request of the defendant. 21 b. The Chief of the Fire or Police Departments shall have the right to suspend any officer under his command for a period of not to exceed five (5) day, providing no charges on the same offense have been filed and are pending before the Board, and he shall notify the Board in writing within five (5) days of such suspension. Any police officer or firefighter so suspended may appeal to the Board for a review of the suspension within five (5) days of the time of such suspension by filing notice of such appeal in writing with the Secretary of the Board of Fire & Police Commissioners. A hearing shall be had upon such appeal, and due notice given to the Chief of the Department who suspended such officer, and to the officer so suspended in the same manner as if charges were originally filed before the Board. c. Upon such appeal, the Board may sustain the action of the Chief of the Department, may reverse it with instructions that the officer so suspended receive his pay for the period involved, may suspend the officer for a period of not more than thirty (30) days, or discharge him, depending on the evidence presented. SECTION 7. DISCHARGE OR SUSPENSION AFTER HEARING Discharge from office, or suspension from service in the Fire & Police Departments shall be in compliance with the Fire and Police Commissioners Act of the State of Illinois, being Division 2, Sections 10-2.1 to 10-2.1-30, inclusive, of Chapter 24 of the Illinois Compiled Statutes or the applicable portions of any Collective Bargaining Agreement between the Village and the organization representing the respective employees of the Fire and Police Departments. Should a hearing process be established by the applicable Collective Bargaining Agreement, the employee shall not be entitled to a subsequent or concurrent hearing before the Board. In findings of guilty as charged where an action is ordered, such action shall be effective forthwith. 22 Passed by the Board of Fire & Police Commissioners of the Village of Elk Grove, Illinois, this 261h day of April, 2022. z E. Butch Ehrke, Chairman Michael P. Kontek, Secretary Stephen C. Scholten, Commissioner 23