HomeMy WebLinkAboutRESOLUTION - 60-92 - 10/13/1992 - RULES & REGS - BOARD OF FIRE & POLICE COM RESOLUTION NO. 60-92
A RESOLUTION ADOPTING THE 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 President and Board of Trustees
of the Village of Elk Grove Village, Counties of Cook and DuPage, State
of Illinois as follows:
Section 1: That the Rules and Regulation of the Board of Fire and
Police Commissioners as adopted by the President and Board of Trustees on
April 23, 1985 by Resolution No. 31-85 is hereby rescinded.
Section 2: That the Village President and Board of Trustees hereby
adopt the Rules and Regulation of the Board of Fire and Police Commissioners
of the Village of Elk Grove Village dated July 27, 1992, attached hereto
and made a part hereof as if fully set forth.
Section 3: That this Resolution shall be in full force and effect
from and after its passage and approval according to law.
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PASSED this 13th day of October , 1992.
APPROVED this 13th day of October , 1992.
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V i 1146 Pr dent
ATTEST:
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Vill ge Clerk
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FINAL DRAFT
RULES AND REGULATIONS OF THE
BOARD OF FIRE & POLICE COMMISSIONERS
OF THE
VILLAGE OF ELK GROVE VILLAGE, ILLINOIS
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TABLE OF CONTENTS
ARTICLE I - ADMINISTRATION
Section 1 Source of Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 2 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 3 Officers of the Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Section 4 Meetings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
Section 5 Records . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3
Section6 Rules. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
ARTICLE H - ORIGINAL APPOINTMENT
Section 1 Application Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section 2 Notice of Examinations. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
Section3 Examinations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
Section 4 Lists of Eligibles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-6
Section 5 Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6-7
ARTICLE III - CONDITIONS OF EMPLOYMENT
Section 1 Orginal Probation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8-9
Section2 Residency . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 3 Order of Rank . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 4 Other Conditions of Employment . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Section 5 Governing Rules and Regulations . . . . . . . . . . . . . . . . . . . ... . . . . . . . 9
Section 6 Enumeration of Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . 9-10
Section 7 Political Contributions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Section 8 Political Activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE IV - PROMOTIONAL APPOINTMENTS
Section1 Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section 2 Eligibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section3 Direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Il
Section 4 Fact Sheet . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11
Section 5 Lists of Eligibles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section6 Fraud . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 7 Veteran's Preference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 8 Duration of List . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . 12
Section 9 Promotional Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Section 10 Demotion from Promotional Rank . . . . . . . . . . . . . . . . . . . . . . . . 12-13
ARTICLE V - TESTING AND FACT SHEETS
Section 1 Generally. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Section 2 Fact Sheet Usage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14-15
ARTICLE VI - SUSPENSIONS, DISCHARGES, HEARINGS
Section 1 Definitions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 2 Causes for Suspension or Discharge . . . . . . . . . . . . . . . . . . . . . . . . . 16
Section 3 Complaints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16-17
Section 4 Pre-Hearing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17-18
Section 5 Hearing Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
t Section 6 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19-20
Section 7 Discharge or Suspension After Hearing. . . . . . . . . . . . . . . . . . . . . . . 20
ARTICLE I
ADMINISTRATION
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SECTION L SOURCE OF 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", of Chapter 24 of the Illinois Revised Statutes.
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 masculine noun or pronoun inc udes the
feminine. The singular includes the plural, and the plural the singular.
The word "act" wherever used shall mean the act cited above in Section
L The word "secretary", wherever used shall mean "exofficio" secretary.
SECTION 3. ' OFFICERS OF THE HOARD
The Board shall select one of its members to act as Chairman, and one of
its members to act as Secretary, each to serve a one year term, and until
their successors are appointed and qualified, such election to occur in the
month of May.
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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 monthly meetings for that calendar year.
b. Special Meetings - Board & Public Notice - The Commission
Secretary need not notify Commission members of standing
meetings. Special meetings called by the Chairman or a working
quorum shall require the Secretary to give 24 hour written or verbal
notice to each Commissioner. Media representatives who have
requested notice of meetings pursuant to the provisions of the Open
Meetings Act shall be so 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.
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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 5. 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.
a. Minutes - The 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 positions in either department, references, and
results of investigations, shall be maintained by the 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. Referrent 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 Secretary shall attend to all correspondence of
the Commission, and shall be the custodian of the Commission seal.
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1) Budget - The Secretary shall prepare the annual Commission
budget as required by ordinance or section 10-2.1-19 of the
Illinois Revised Statutues.
2) Annual Report - The Board shall submit an annual report of its
activities as required by IRS 10-2.1-19 to the Village President.
Such report shall include a budget request for the ensuing year.
3) Form of Correspondence from Departments - When making
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written notifications or requests on any matter requiring
approval, endorsements or grants of permission from the
Commmission, the Chiefs of either of the Classified divisions
shall provide the Commission with the signed original and
duplicate copy of same upon their particular department
letterhead.
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4) Certificate of Appointment - The Secretary shall prepare or
cause to be prepared the certificate of appointment required
by Illinois law. (See Exhibit A)
e. Purging of the Commission Files - The 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 Revised 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 Secretary shall keep or cause to
be kept such records of race and sex as may be required by federal or
state authority and shall take such measures as the Board may deem
necessary, to assure that they remain separate from and do not affect
the selection process.
g. Addresses of Eligible - The 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
a. Generally and Severability - In accordance with Illinois Revised
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 - Amendments to the Rules of the Board may be made
at any meeting of the Board.
All rules and changes therein or amendments thereto, shall become
effective, unless otherwise specified in their adoption, not less than
ten days after they have been printed after the date notice has been
published of their effective date and of the place or places where the
printed and published rules may be obtained.
d. Conflicting with other Rules - In the case of conflict between
Commission rules and department regulations, the former shall
control in matters before the Commission.
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ARTICLE R
ORIGINAL APPOINTMENT
SECTION I. 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 Police & Fire Departments. The burden of
establishing applicant fitness shall rest with the applicant.
a. Written Policies - In accordance with Illinois Revised 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 attempted to practice any deception or fraud in any
aspect of application.
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.
SECTION 2. NOTICE OF EXAMINATIONS
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a. Announcement - Announcement of examination shall include, but is
not limited to, the date of the initial sub-test, position title, basic
requirements, starting salary, and periods and locations for submission
of application.
Minimally, such notice shall be made no less than two (2) weeks prior
to the first examination phase. The extent of notice shall be
controlled by statute and Commission policy.
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.
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SECTION 3. EXAMINATIONS
a. Scope - 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 polygraphic tests, medical and drug examinations,
oral exarninations, background investigations, 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
Revised Statutes.
No examination shall contain questions regarding a candidates
political or religious affiliations.
b. Review - Examinations and their results shall be considered
confidential and protected documents not normally subject to review.
SECTION 4. LISTS OF ELIGIBLES
Lists of eligibles shall be compiled in accordance with the procedures set
forth in the referrent fact sheet.
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 on 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 eligibles are 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.
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g. List xtension - The Commission may Vote to rant a total of one (1)
it�� extension or creation of a new ist, whichever occurs
first.
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 in
committing such fraud, to gain a position on the list shall be stricken
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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.
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 be issued in accordance with
Illinois Revised Statutes.
a. Requisitions - Whenever an appointment is requisitioned due to a
vacancy or increase in department size, the Village Manager 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 and maintain position on the list for a second offer of
appointment. 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 striken
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 Village President or Commission to conduct such oaths. The
following oath shall be given before any person authorized to
administer oaths in the State of Illinois:
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"I do solemnly swear or affirm that
I —w—t-ff—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
Subscribed and sworn to before me this day
of A.D., 19
NOTARY PUBLIC
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ARTICLE III
CONDITIONS OF EMPLOYMENT i
' SECTION L ORIGINAL PROBATION
All newly appointed firefighters and police officers shall serve a
probationary period of twelve (12) months, unless extended as hereinafter
provided.
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a. Regular Evaluation - During such period, the employees 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 i
writing.
b. Confirmation - At the completion of the probation period, if the
appointees 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 - Unsatisfactory evaluations
may result in summary discharge in accordance with controlling law.
1) If. a probationee shall be found incompetent or unqualified for
duty in the position of appointment, the Chief shall seek
summary discharge by informing both the. probationee 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 officer 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.
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 within the prescribed probationary
period. Inability to successfully complete this course shall be
grounds for dismissal.
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2) Final certification of probationary Firefighters/Paramedic
j 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. Inability to
successfully complete this course shall be grounds for
dismissal.
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e. Leave of Absence/Extension of Probation - If during the probationary
period, a probationary offlicer reques s 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.
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f. Fraud Detection - Any fraud detected to have occurred or been
attempted since the probationee became a candidate shall constitute
grounds for probationary discharge.
SECTION 2. RESIDENCY i
a. Conditions - Failure to maintain residency during employment, or
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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 (24)
hours of relocation. Failure of such action shall constitute grounds
for possible disciplinary action.
SECTION 3: ORDER OF RANK
Order of rank in the Police be Fire Departments shall be as 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".
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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
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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.
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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 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 influence to compel or induce any other
person to pay or render any political assessment, subscription,
contribution or service.
SECTION 3: 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.
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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.
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 L NOTICE
A notice of the time, date and location of every promotional examination
shall be given by the Commission by legal notice at least once in one or
more newspapers generally circulated within the Village of Elk Grove
Village. Such legal notice shall be made at a minimum of two (2) weeks,
and a maximum of four (4) weeks preceding any promotional
examination. In lieu of the published legal notice the Commission may
post a written notice on the department bulletin board of the department
affected and when such action is taken by the Commission each and every
eligible and qualified member of the department shall notify the
Commission of his waiver of the need for a published legal notice.
SECTION 2. ELIGIBILITY
No person shall be examined for promotion in the Classified Service until
serving a minimum of at least twelve (12) months from which promotion is
sought. For the purpose of this section the probationary period shall not
be counted in determining time of service in the lowest rank. Original
probationees are not eligible for promotion.
SECTION 3. DIRECTION
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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.
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SECTION S. LISTS OF ELIGIBLES
The list of eligibles sha•11 be compiled in accordance with the provisions on
the fact sheet.
SECTION 6. FRAUD
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Any fraud attempted or practiced may result in exclusion from
examination, striking from list of eligibles or discharge from employment.
SECTION 7. VETERAN'S PREFERENCE
Veteran's preference for promotions shall be granted in accordance with
Illinois Revised 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.
Extensions of the list of eligibles are not permissable.
SECTION 9. PROMOTIONAL APPOINTMENT
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 Revised Statutes. No promotion shall be deemed to have been
effected by the Board until a certificate be issued in accordance with
Illinois Revised Statutes.
a. Notification - Whenever a promotional vacancy occurs or a new
appointment is to be made, the Village President 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 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
i promotion and upon a determination by the Chief that the promoted
officer is not satisfactorily performing the duties and responsibilities
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of the promoted rank, a petition to demote the officer back to his
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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 substatial conformance with the herein requirements set I
forth in Article VI of Section 5 of these Rules.
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ARTICLE V
TESTING AND FACT SHEETS
SECTION L 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 adopt 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 dictates of each individual
fact sheet, no fact sheet shall be construed as . rules under Illinois
Revised 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 it state or
federal, to effect substantial compliance with law.
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.
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b. The fact sheet shall include each scored or mandatory step of the
testing for 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, polygraphic deception
detection, drug screens, and background investigation.
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Promotional tests - Examinations at the promotional level
may include, but are not limtied to written, oral, efficiency
ratings, promotability ratings, Chief's points, seniority points.
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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.
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ARTICLE VI
SUSPENSIONS, DISCHARGES, HEARINGS
SECTION L DEFINITIONS
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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 & Police Department personnel shall be governed by the rules of the
Fire & Police Commission and by the regulations of the referrent
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.
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.
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b. Form of Paper - All papers filed in any portion of the proceeding
s a 1 be typewritten 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 1
inch. Originals shall be signed in ink 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. All papers shall be
filed in quintuplicate.
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.
SECTION 4. PRE-HEARING PROCEDURE
a. Filin - All papers may be filed with the Board by mailing them or
delivering them personally to the 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
messenger. 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.
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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 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.
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 or by mutual agreement of the parties thereto.
Notice of such hearing shall be issued by the Board in accordance with
Section 4 of Article VI of these rules.
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e. Probable Cause - The Board shall have the right to determine j
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
i) 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
Chearing 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 (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.
ii) 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, provided, however, that
the Board in its discretion may waive this rule.
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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.
SECTION 5. 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 i
proceedings; the provisions of the "Civil Practices Act" do not apply.
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.
e. 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.
f. 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.
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g. Finding 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.
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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.
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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) days, 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 policeman or
fireman 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 or 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 Revised Statutes.
In findings of guilty as charged where an action is ordered, such action
shall be effective forthwith.
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Passed by the Board of Fire & Police Commissioners of the Village of Elk Grove, Illinois,
this17 day of -3-u, 1992.
GA)MWB. BANTNtR
�D.S
ALAN J. HAPI
H. OBERT G ' DSMITH
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