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HomeMy WebLinkAboutRESOLUTION - 31-85 - 4/23/1985 - RULES & REGS OF FIRE/POLICE COMM.RESOLUTION NO. 31-85 A RESOLUTION ADOPTING THE RULES AND REGULATIONS OF THE VILLAGE OF ELK GROVE VILLAGE BOARD OF FIRE AND POLICE COMMISSIONERS NOW, THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois: Section 1: That the Village President and Board of Trustees hereby authorize the adoption of the attached documents marked: Rules and Regulations of the Village of Elk Grove Village Board of Fire and Police Commissioners a copy of which 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. PASSED this 23rd day of IApril , 1985. APPROVED this 23rd day of April , 1985. Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS AS ADOPTED April 23 , 1985 , TO BE EFFECTIVE Apri 1 23 1985 . ARTICLE I ORGANIZATION SECTION I: AUTHORITY. The Board of Fire and Police Commissioners of the Village of Elk Grove Village, Illinois, exists under and derives its power from the Illinois Municipal Code (I11.Rev. Stats. Chapter 24, Section 10.2.1, et seg.), which provides that "the President of the Village, with the consent of the Board of Trustees, shall appoint a Board of Fire and Police Commissioners." SECTION II: MEETINGS. A) The Board of Fire and Police Commissioners of the Village of Elk Grove Village, Illinois, hereinafter referred to as the "Board" shall hold a regular open meeting at least once each month, and shall, in January of each year, post a schedule of its regular monthly meetings for that calendar year. B) Two (2) members of the Board shall consti- tute a quorum whether at a regular or special meeting. C) Special meetings may be called by any two (2) members of the Board by twenty-four (24) hour oral or written notification to the Secretary of the Board and notice to any media representatives who have requested notice of meetings pursuant to the provisions of the Illinois Open Meetings Law. D) Special meetings may also be called by the Chairman of the Board in a notice to be filed with the Secretary, designating time and place of meeting. A copy of said Notice shall be delivered to all members of the Board. SECTION III: OFFICERS. The Board shall annually, at its first meeting in May of each year, elect a Chairman and a Secretary. They shall hold office one (1) year and until their successors are duly elected and qualified. The Chairman shall be the presiding officer at all meetings. The. Secretary shall keep the minutes of all meetings of the Board and shall be the custodian of all forms, papers, books and records and completed examinations of the Board. SECTION IV: ORDER OF BUSINESS - PROCEDURE. The regular meetings of the Commission shall be con- ducted pursuant to the following format, unless agreed otherwise by a majority of the Commission: -2- A) Order of Business. 1. Call to Order by Chairman. 2. Reading of Minutes. 3. old Business. 4. New Business. 5. Adjournment. B) Rules of Procedure. Parlimentary proce- dure prescribed in Robert's "Rules of Order" shall be followed as required. C) Motions. Motions may be stated orally by any Board member and shall be recorded in the minutes together with action taken thereon. D) Minutes. Minutes shall be recorded by the Secretary of all transactions conducted at all regular, special and extra -ordinary meetings of the Board. SECTION V: COMMISSION'S OFFICE. The Commission shall maintain a regular office in the Village of Elk Grove Village, 901 Wellington Avenue, Elk Grove Village, Illinois, 60007. All records and docu- ments of the Commission shall be maintained at its office. SECTION VI: CHANGE IN BOARD RULES. These and any other Rules and Regulations of the Commis- sion may be amended at any time by a majority vote of the Board in accordance with Section 10.2.1, et seq., Chapter 24, of the Illinois Revised Statutes (1975), as amended. -3- SECTION VII: ANNUAL REPORT. on or before April 10 of each year, the Board shall submit to the President a report of its activities, its current rules then in force, and a budget request for the ensuing year, for the President's report to the Board of Trustees. ARTICLE 2 ORIGINAL APPOINTMENTS TO THE POLICE AND FIRE DEPARTMENTS SECTION I: APPLICATIONS. A) General Requirements. Applications for examination for appointment to the Police and Fire Departments may be secured at the Police or Fire Department Headquarters, Village of Elk Grove Village. Applications must be on the forms furnished by the Board of Fire and Police Commis- sioners of the Village of Elk Grove Village, Illinois, must be completely answered, signed and filed with the Village Clerk or Secretary of the Board or any agency, entity or party desig- nated by the Board of Fire and Police Commissioners, at least fourteen (14) days prior to the date of the examination. Persons making untruthful answers to questions in said application shall be rejected by the Board and the applicant notified -4- of such action. Each applicant must, at the time of submitting the application, be a citizen of the United States and possess a high school diploma or the equilavent of a high school diploma. B) Investigations. All applicants are subject to any investigation necessary to establish good character and reputation and the accuracy of the information provided as to his or her application. C) Age Limits and Exceptions to Age Limits. Except as provided in Subsections i), ii) and iii) herein, all applicants must be at least twenty-one (21) years of age and under thirty-five (35) years of age at the time of testing. i) An applicant, who at the time of testing, is serving as a full-time policeman or fireman in a regularly constituted police or fire depart- ment of a municipality shall be eligible to take an examination notwithstanding the age limitation set forth above. ii) Twenty (20) year old applicants who have successfully completed two (2) years of law enforcement studies at an accredited college or university shall IDe eligible to take an examina- tion, but, if appointed to active probationary duty, shall have no power of arrest, nor shall they be permitted to carry -firearms, until they reach twenty-one (21) years of age. No person who is younger than twenty-one (21) years shall be eligible to be appointed as a police officer or fire fighter pursuant to Section VI of this Article 2. iii) Applicants who are eighteen (18) years of age who have successfully completed two (2) -5- years of study in fire techniques, amounting to a total of four (4) high school credits, within a cadet program of any municipality, shall be eligible for testing and appointment to active duty in the Fire Department. D) Pre—Appointment Requirements. i) Proof of age shall be required before appointment. ii) Applicants for a position in the Police and Fire Departments must be of such stature that weight is proportionate to height. , iii) Applicants who are, at the time of sub- mitting an application, actual residents of the Village of Elk Grove Village, shall be preferred for original appointment to the Police and Fire Departments. Such preference shall be effected by the Board, by adding five (5) points to the final eligibility list test score of such applicant. The preference above provided shall not be given to any applicant until the applicant has provided evidence of such residency to the Board. iv) All applicants for original appointment to the Police or Fire Departments shall attend an orientation program and will be subject to a written examination, a physical agility test, a background investigation and an oral examination. No applicant shall be permitted to participate in the physical agility test unless the applicant has submitted the medical certification forms provided to the applicant by the Commission. In addition, prior to appointment, applicants shall be subject to a physical, psychological and polygraph examinations by persons selected by the Board and a second final oral examination by the Board. A passing grade of the minimum set forth hereafter must be received on each part of the examination before progressing to the next examination. 'm SECTION II. INITIAL TESTING REQUIRED FOR ADVANCING TO ELIGIBILITY LIST. To ensure the mental, physical and psychological abili- ties of any applicant to fulfill the responsibilities of a police officer or fire fighter of the Village, all appli- cants will be required to successfully pass an agility test, written examination, initial oral examination, poly- graph test, psychological examination and a final oral examination (provided the applicant has successfully passed all preceding tests). A minimum grade of seventy (70%) percent is required on the oral and written examination in addition to successful completion of the agility, poly- graph and psychological examination in order for an applicant to advance to posting on the eligibility list, provided that at any time an applicant may be rejected if it is determined that any portion of his or her application has been untruthfully answered. The examination shall be so conducted so as to determine the physical, mental and psycho- logical fitness of the candidate to perform the duties of a police officer or fire fighter. The polygraph test shall be conducted to determine the truthfulness of the information provided by the candidate to the Board by his or her application and the testing responses obtained. The final oral examination shall ascertain all testing responses and such other matters as the Board determines appropriate. -7- When the Board has established a date on which the testing shall begin, it shall send postcard notice of such date to the residence address provided by each applicant and shall publish notice two (2) weeks prior to the test date in a newspaper published in the Village. At any time during this testing procedure, the Commis- sion shall initiate a background test to ascertain that the applicant meets the minimum requirements of these Rules and Regulations and of the provisions of Section 10.2.1-6, Chapter 24, Ill.Rev.Stats. (1975). SECTION III: ELIGIBILITY LISTS. The names of all applicants who have successfully passed the tests indicated in the previous section, and whose background investigation has ascertained the accuracy of his or her application and who are otherwise determined to be in compliance with the provisions of these Rules and Regulations, shall be listed on the eligibility list for probationary appointment, without preference to priority of time of taking examination, but with the preference provided for in Section I (D) iii) of this Article 2. This list shall be posted within sixty (60) days of the final oral examination of the applicants. The names shall appear in the order of the highest grade first and in the case of a tie, by drawing of names by the Secretary of the Board. At the written request Q� of the Village Manager, the Board shall select from the list of eligibles for probationary appointment, with such - selection to be in descending order from the name first on the list, the candidate who is eligible for probationary appointment. Any name remaining on the eligibility list for a twenty-four (24) month period shall be sticken there- from. SECTION IV: ADDITIONAL TESTING PRIOR TO PROBATIONARY APPOINTMENT. Prior to receiving a probationary appointment, the eligible candidate shall submit to the following further examination: i) Physical Examinations by a physician or physicians as selected or required by the Commission. ii) Status/updated background check. These final examinations shall be conducted so as to deter- mine the applicant's physical condition and in order to ascertain changes, if any, in the applicant's status of eligibility which may have occurred from the date of initial testing up to the date of probationary appointment. SECTION V: PROBATIONARY APPOINTMENTS. Only eligible candidates for probationary appointment who have successfully passed the tests required by the preceding section shall receive the appointment as proba- tionary police officer or fire fighter. The probationary period shall be for twelve (12) months from the date of such appointment. am During the probationary period, the Chief of the Police or Fire Department shall, at the minimum of successive three (3) month periods from the date of appointment, submit to the Board a written evaluation of each probationary police officer or fire fighter's performance of duties and all other aspects of such police officer or fire fighter's conduct as the Chief of Police or Fire Department, as the case may be, considers has a direct bearing on his or her ability to perform the duties of office. During the probationary period, a probationary officer may be summarily removed by the Board without a formal hearing. SECTION VI: ADVANCEMENT AT END OF PROBATIONARY APPOINTMENT PERIOD. Except as provided hereafter, all probationary police officers or fire fighters retained on the department for the entire twelve (12) month probationary period shall automatically advance to the status of a regular police officer or fire fighter of the Village, except that the police officer or fire fighter shall remain subject to the residency probation as set forth in paragraph 3.12 of the Village Personnel Rules and Regulations. At the expiration of all probationary periods, the Board shall issue to such police officer or fire fighter a Commission card which will certify the appointment of such person -10- as a police officer or fire fighter of the Village of Elk Grove Village, Illinois. SECTION VII: 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 may, in its discretion, extend the probationary period for an equivalent period of time, provided, however, that the entire probationary period, including any such extension shall not exceed eighteen (18) months. In addition, for any cause shown, the Board may extend the probationary period of any officer for an additional period, not to exceed six (6) months, and during said extension may require such additional evaluation and/or training of the officer as the Board deems necessary. ARTICLE 3 PROMOTIONS SECTION I: PROMOTIONAL ELIGIBILITY LISTS. At all times, the Board shall conduct such tests pursu- ant to prior two (2) week published notice (unless notice is waived in writing by all police officers or fire fighters eligible to take such tests) as are necessary so as to maintain an eligibility list so that a valid list of eligible candidates for promotion shall be available at all times. Only regular members of the Police or Fire Department shall be eligible to take promotional examinations in their respec- -11- tive Departments. In all cases, except for the positions of patrol officer, fire fighter, Chief, Police Department Commander and Deputy Fire Chief and except where temporary appointments are required as a result of an emergency, vacancies in the position of all ranks in the Department shall be filled by promotion as provided herein. Any person who receives a promotion on the basis of an emergency appoint- ment, without testing, shall not receive a commission for appointment to such office without first meeting the require- ments of this Article of these Rules. No emergency appoint- ment shall be valid after the posting of an eligible.list for promotion. SECTION II: PROMOTIONAL TESTING. A) General Provisions. Promotion in the Police and Fire Departments shall be on the basis of ascertained merit, seniority of service and examination. Examination for promotions shall be competitive among such members of the next lower rank who desire to submit themselves to examination, and all promotions shall be made from among the three (3) applicants having the highest final ratings. On each promotional examina- tion a police officer or fire fighter shall be entitled to a senority credit which will be automat- ically applied by the Secretary of the Board -12- in the manner provided hereafter. Seniority credit shall be calculated by adding one (1) point for each full year of service, calculated from the date of probationary appointment, but limited to a maximum credit of ten (10) points. B) Schedule of Testing. The following schedule of testing and grade requirements are hereby established for all applicants for promotion: i) Written Examination - a minimum score of seventy (708) percent shall be necessary in order for the applicant to advance to the oral examination. ii) oral Examination - a minimum score of seventy (708) percent is required for the Secretary of the Board to request the Police and Fire Chief to prepare a merit and efficiency rating report of the applicant. C) Merit and Efficiency Rating. For each candidate who has attained the minimum scores as set forth in paragraph B) above as determined by the Board, the Secretary of the Board shall give to the Chief of the Police or Fire Department, as the case may be, a written request for a merit and efficiency rating for the applicant. The total merit and efficiency rating shall have a value of ten (10) points and shall consist of the following two (2) separate sections, each comprising five (S) points: i) Evaluation ratings determined by adding the scores of the last years regular evaluations ratings conducted by the respective department -13- and dividing by the number of evaluations conducted during said one year period. This score shall be automatically applied by the Secretary of the Board upon receipt of the last two (2) performance evaluations. ii) Evaluation and Merit Evaluation as deter- mined by the Chief taking into consideration the applicants performance since the most recent performance evaluation and the Chief's determina- tion as to how well the applicant will function in the position to which he or she is seeking a promotion. D) Relative Weight of Tests, Merit and Efficiency Rating - PRELIMINARY FINAL SCORE. Within five (5) days after receipt of a merit and efficiency rating, the Board will weigh and average the total score of all applicants taking the promotional examination, who have advanced in the manner required above. The weighing of such tests and the rating shall be on the following basis: i) Written Examination 408 ii) Oral Examination 408 iii) Merit and Efficiency Rating 108 iv) Seniority Credit 108 MAXIMUM TOTAL PRELIMINARY FINAL SCORE 1008 E) Posting of Preliminary Final Score - Military Credit. i) General Provisions. When all Preliminary Final Scores have been calculated, a list shall be posted, which list shall contain, in numerical -14- descending order from highest to lowest, the names of those applicants who have successfully completed the promotional examination in the manner required above. This list shall be dated as of the date it is posted and shall be entitled "Preliminary Final Score of the Promotional Examinations for Position of Within ten (10) days after this list is posted, the applicants whose names appear thereon shall make a written decision as to wehther or not his or her preliminary final score shall be increased by any military credit available to such applicant. Such military credit can be used only one (1) time for the purpose of increasing an applicant's score on any promotional score. However, if it is so used, and the applicant is not promoted from the list, the applicant may reuse such mili- tary credit on subsequent promotion examinations. ii) Computation of Military Credit. Any applicant whose name appears on the preliminary final score list who was engaged in military or naval service of the United States at any time for a period of one year and who was honorably discharged therefrom, not including, however, in the case of offices, positions and places of employment in the Police Department, persons who were convicted by court-martial of disobedience of orders where such disobedience consisted of the refusal to perform military service on the ground of alleged religious or conscientious objections against war, shall be preferred for promotional appointments in such manner as is hereinafter set forth, provided, that this paragraph shall not be applicable to any promotional appli- cants hired by the Village subsequent to January 1, 1985. The credit shall be computed by adding to the preliminary final score 7/10 of one (1) point for each six (6) months or fraction thereof of military or naval service not exceeding thirty (30) months. iii) Final Score. The preliminary final score plus an applicant's military credit shall be the applicant's final score, which will be posted on the eligible list for promotion. -15- SECTION III: ELIGIBLE LIST FOR PROMOTION. Upon completion of the foregoing Sections of this Article, but not sooner than ten (10) days after the posting of the preliminary final score, the eligible list for promo- tion shall be officially posted, listing the candidates for promotion in the order of their relative excellence, as determined by their final score. Any promotion shall be made by the Board from the three (3) having the highest rating, and where there are less than three (3) names on the list, as originally posted or remaining thereon after appointments have been made, from those names or name remain- ing on the eligible for promotion list. The Board shall strike off the list the names of candidates for promotional appointment after they have remained thereon for more than three (3) years, provided there is no vacancy existing which can be filled from the list. SECTION.IV: MISCELLANEOUS. A) Village Manager to Determine Need to Fill any Vacancy. If a vacancy, which is, pursuant to the written direction of the Village Manager, required to be filled, occurs, it shall be the responsibility of the Village Manager to notify the Board of said vacancy in writing. Thereafter, said vacancy shall be filled from the eligible list for promotion for that office. -16- B) Rank. The order of rank in the Police and Fire Departments shall be as provided by Village Ordinance. C) Reduction of Force - Reinstatement. Any reduction in the work force and reinstatment thereto shall be in accordance with Section 6.5 of the Village Personnel Rules and Regulations, as amended. ARTICLE 4 ROLES AND REGULATIONS SECTION I: GENERAL PROVISIONS. 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 fire fighter. SECTION II: 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 fire fighters: A) The laws of the Federal, the State and the Village governments. B) The Rules and Regulations of the Police or Fire Department of the Village of Elk Grove Village, as the case may be. -17- 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 III: 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 compen- sation of any other person in such service, or promise or threaten so to do, 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 influ- ence to compel or induce any other person to pay or render any political assessment, subscription, contribution or service. SECTION IV: 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. CHM ARTICLE 5 SUSPENSION OR DISCHARGE SECTION I: GENERAL PROVISIONS. Except as provided herein no member of the Police or Fire Department, except an officer on probationary status, shall be removed, suspended or discharged from the Police or Fire Department of the Village, except for cause, upon written charges and after an opportunity to be heard in his own defense. SECTION II: HEARINGS ON CHARGES. The Board shall conduct a fair and impartial hearing of 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 is found guilty, the Board may discharge him, or may suspend him not exceeding thirty (30) days without pay. The Board may suspend any officer pending the hearing with or without pay, but not to exceed thirty (30) days unless the hearing is continued at the request of the officer in which case any suspension without pay may be extended. If the Board determines that the charges are not sustained, the police officer or fire fighter shall be reimbursed for all wages withheld, if any, except that any wages withheld as the result of a continuance requested by the police officer or fire fighter -14- shall not be reimbursed. In the conduct of this hearing, each member of 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. SECTION III: SUSPENSIONS FOR FIVE OR LESS DAYS. Nothing in this section shall be construed to prevent the Police or Fire Chief from suspending without pay an officer of their Department for a period of not more than five (5) days, but he shall notify the Board in writing of such suspension. Any police officer or fire fighter so suspended may appeal to the Board for a review of the suspension within twenty-four (24) hours after such suspen- sion, and hearing on such appeal shall be held as soon as is practicable for the police officer or fire fighter, the Board and the Chief of the Police or Fire Department. Upon such appeal, the Board may sustain the action of the Chief of the Police or Fire Department, may reverse it with instructions that the man receive his pay for the period involved, or may suspend the police officer or fire fighter for an additional period of not more than thirty (30) days or discharge him, depending upon the facts pre- sented. ARTICLE 6 HEARINGS SECTION I: GYRAL PROVISIONS. A) Hearings before the Board are not common -20- law proceedings. The provisions of the "Civil Practice Act" do not apply to hearings before the Board. B) "Counsel" as used herein means: One who has been admitted to the bar as an Attorney at law in this State. C) Except as otherwise provided by law, no rehearing, reconsideration, modification, vacation, or alteration of a decision of the Board shall be permitted. D) "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 police officer or fire fighter no longer occupying his position. The right to determine what constitutes cause is in the Board. E) The complainant initiating any proceedings which call for a hearing before the Board has the burden of proof to establish that cause does exist by a "preponderance of evidence" and should -21- the question of a crime be involved, the rule of "reasonable doubt" shall not control. F) The phrase "preponderance of evidence" is defined as the greater weight of the 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 weighted against the evidence in opposition thereto. G) All hearings shall be public, as under the Open Meetings Act. H) At the time and place of hearing, both parties may be represented by counsel, if they so desire. I) All proceedings before the Board during the conduct of the hearings shall be recorded by a court reporter to be employed by the Board. J) The records of all hearings will not be transcribed by the reporter unless requested to do so by the Board or any party of interest. The party requesting the transcription shall pay the cost of same. K) All witnesses shall be sworn by a member of the Board prior to testifying and the matter will be decided by the Board solely on evidence presented at the hearings. -22- L) The Board will first hear the witnesses substantiating the charges which have been made against the respondent. Thereafter the respondent 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. SECTION II: HEARING PROCEDURE. A) Complaints. In all cases a written complaint shall be filed in quintuplicate, setting forth a plain and concise statement of facts upon which the complaint is based. B) 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 hearings as may be necessary for such purpose. C) Notification of Hearing. Upon the filing of a complaint with the Secretary of the Board, and the determination by the Board of proper cause for holding a hearing on said complaint, the Secretary of the Board shall notify both the complainant and respondent, either by regis- tered or certified mail, return receipt requested, or personally, of the time and place of the hearing -23- of the charges contained in the complaint. The. respondent shall also be served with a copy of the complaint. If, after a hearing, an Order of Suspension or Discharge is'entered by the Board, the respondent, the complainant, the Chief of the Department, the Finance Director, and the Manager of the Village shall be notified of the entry of such Order, and be served either personally or by registered or certified mail, return receipt requested, with a copy of such order. D) 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. The party requesting such continance shall also so notify the other party to the hearing. E) Stipulation. Parties may, on their own behalf, or by counsel, stipulate and agree in writing, or on the record, to a continuance, -24- to any fact or matter. The facts so stipulated shall be considered as evidence in the proceeding. In the event an officer desires a continu- ance, it shall be so stipulated and agreed that in the event said officer is to be retained in his position as the result of a decision of the Board following a hearing of the cause, then no compensation shall be paid to said officer during the period of said continuance, unless otherwise determined by the Board. F) Sufficiency of Charges/Objection To. Motions or objections to the sufficiency of written charges must be filed or made prior to or at the hearing before the Board. SECTION III: MISCELLANEOUS. A) Subpoenas Either the complainant or the respondent may, at any time before the hearing, make written application to the Board, for sub- poenas for any individual to appear fora hearing or have them produce books, papers, records, accounts and other documents 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 -25- (21) years and upwards designated by the party requesting the subpoenas. Application for subpoe- nas 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. Any request for continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least three (3) days before the date set for such hearing, pro- vided, however, that the Board in its discretion may waive this rule. B) Service. All papers required by these Rules and Regulations to be served shall be deli- vered 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 -26- 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) Filing. All papers may be filed with the Board by mailing them or delivering them personally to the Secretary of the Board at the Village..Hall, 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. D) Forms of Paper. i) All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the paper only. ii) If typewritten, the lines shall be double spaced; except that long quotations may be single spaced and indented. iii) All papers shall not be larger than 8' inches wide by 11 inches long, and shall have inside margins of not less than one inch. iv) The original of all papers filed shall be signed in ink by the party filing the paper or by an officer, agent, or attorney thereof. v) If papers are filed by an attorney, his name and address shall appear thereon. E) 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 -27- any 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. SECTION IV: HEARING DATE, FINDING AND ORDER. A) Date of Hearing. The time for the hearing of charges shall be set by the Board, within thirty (30) days of the time of the filing of such charges. Continances granted from time to time upon motion of any party to the proceedings by order of the Board shall extend the hearing time accordingly. B) Finding and Order. In case any member of the Police or Fire Department shall be found guilty of the charges preferred against him after a hearing by the Board, he may be removed, dis- charged or suspended without pay. No suspension shall be for a period exceeding thirty (30) days. C) Date of Entering Findings and Order. The Board shall, within fifteen (15) days after the hearing is completed, enter its findings and order on the records of the Board. ARTICLE 7 GENERAL SECTION I: POWERS AND DUTIES OF THE BOARD. In addition to the power, authority and duties herein .i'M RULES AND REGULATIONS PLEASE TARE NOTICE that the BOARD OF FIRE AND POLICE COMMISSIONERS of the VILLAGE OF ELK GROVE VILLAGE has adopted a new set of Rules and Regulations on the ^5 day of March 1985. A copy of the new Rules and Regulations may be obtained from the Village Clerk, Patricia Smith, any time during the regular office hours at the Village Hall. PLEASE TAKE NOTICE that these Rules and Regulations shall be effective on the 23 day of _April _, 1985. BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF ELK GROVE VILLAGE AY E ANTNER, Chairman ALA SHAP R0, D .S., Secretary ROBERT GOLDSMITH, Member set forth, the Board shall have such additional power and duties as are given it by the Statutes of the State of Illinois. SECTION II: CONFLICTS. Any previously enacted Article, Section and/or Subsec- tion of the foregoing Rules and Regulations for the operation of the Board that are in conflict herewith be and the same are hereby repealed. PASSED THIS 23rd DAY OF April , 1985 BOARD OF FIRE AND POLICE COMMIS- SIONERS OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS BY: Gay -le R_ Bantner GAYLE B. BANTNER, Chairman Alan J. Shapiro ALAN J. SHAPIRO, D.D.S., Secretary H. Robert Goldsmith H. ROBERT GOLDSMITH, Member -29-