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HomeMy WebLinkAboutRESOLUTION - 92-84 - 12/11/1984 - PERSONNEL RULES & REGS AMENDED RESOLUTION NO. 92-84 A RESOLUTION AMENDING SEC. 5.8 AND SEC. 5.9 OF THE PERSONNEL RULES AND REGULATIONS OF THE VILLAGE PERTAINING TO A POLICE OFFICER AND A FIRE OFFICER'S RESPONSIBILITIES WHILE ON/OFF DUTY BE IT RESOLVED by the President and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage', Illinois as follows : Section 1 : That Sec. 5 . 8 , Police Officer ' s Law Enforce- ment Responsibilities - On and Off Duty, be and the same is hereby amended to read as set forth in Exhibit A attached hereto and by this reference incorporated herein. Section 2 : That Sec. 5 . 9 , Fire Officer ' s Responsibil- ities - On and Off Duty, be and the same is hereby amended to read as set forth in Exhibit B attached hereto and by this refer- ence incorporated herein. Section 3 : That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTES: AYES: 4 NAYS : 0 ABSENT: 2 APPROVED: Charles J. Zettek Village President ATTEST: Patricia S. Smith Village Clerk PASSED this 11th day of December 1984 . APPROVED this 11th day of December , 1984 . 5 .8 POLICE OFFICER' S LAW ENFORCEMENT RESPONSIBILITIES WHILE ON/OFF DUTY: An Elk Grove Village Police Officer shall be considered to have full authority of a Law Enforcement Officer, as prescribed by State Statute and Village Ordinance on a twenty-four ( 24 ) hour continuous basis , as defined and restricted by this Section of the Personnel Rules and Regulations . A Police Officer ' s authority shall be determined based on his/her status of either On-Duty or Off-Duty. A. ON-DUTY LAW ENFORCEMENT RESPONSIBILITIES: 1. It is the duty and responsibility of every Elk Grove Village Police Officer who is on duty to enforce the laws enacted by the State of Illinois , as well as all of the Village ordinances and all other duties as defined in the Police Department' s Policies , Procedures and Regulations Manual. Such Police authority shall only be exercised in a reasonable and prudent manner and be consistent with established police practices: (a) within the corporate limits of the Village of Elk Grove Village for the enforcement of State laws and Village ordinances; (b) within the State of Illinois for the enforcement of State laws as provided by State Statute. 2 . In no event, and under no circumstances, is an Elk Grove Village Police Officer authorized to perform law enforcement duties outside of the boundaries of the State of Illinois , unless he/she is so authorized by the Chief of Police. B. OFF-DUTY LAW ENFORCEMENT RESPONSIBILITIES: 1. An off-duty Elk Grove Village Police Officer who witnesses an event or situation within the corporate limits of Elk Grove Village, or within the State of Illinois, which if left unattended could reasonably result in death or serious bodily injury or the loss and/or destruction of property, shall immediately come under the direction and control of the Elk Grove Village Police Department. In such situations , the Police Officer shall be considered on duty, and he/she shall be required to react to such an event or situation consistent with all of Section 5 . 8 B. Pago �� `3 2 . The Police Officer shall have all the authority as provided by Village Ordinance and State Statue and shall be answerable for any and all actions that he/she takes in reacting to the event or situation as defined above in Section 5.8 B 1 . 3 . The Elk Grove Village Police Officer shall have the duty and responsibility and be required to react to an event or situation as defined above in Section 5 . 8 B 1, when he/she is off duty at all times when within the corporate limits of Elk Grove Village or within the State of Illinois , except: (a) when he/she is in a mental or physical state which would prevent or interfere with the prudent functioning of a Police Officer in the performance of his/her Police duties consistent with established police practices, and (b) when such action would be imprudent or unnecessarily increase the risk of bodily injury or death of the Police Officer or others. 4 . The Police Officer who is off duty and required to react to an event or situation as defined in Section 5 . 8 B 1, shall be provided with all of the liability coverage (including Worker' s Compensation ) that is provided by the Village for on-duty Police personnel. 5. Any event or situations which would fall under Section 5 . 8 B 1, but which occur outside the State of Illinois are specifically excluded and the off-duty Police Officer shall not have any law enforcement authority, duty, or responsibility to take any type of police action. C. LAW ENFORCEMENT TYPE WORK PERFORMED AS AN APPROVED OUTSIDE EMPLOYMENT JOB: 1. An off-duty Police Officer who is performing law enforcement type work for an outside employer who has entered into a contractual arrangement with the Village shall be considered to be on duty. The Police Officer shall have full law enforcement authority and shall be compen- sated by the Village. Contractual arrangements for law enforcement type work shall be executed by the Village Manager only with parties who are located within the Village corporate limits. The contractual arrangments shall be defined and administered by the Village Manager. ,..Saa`Ccf:. e d r 2 . Elk Grove Village Police Officers are prohibited from engaging in any outside employment which involves performing law enforcement type work (including security work ) with an outside employer who has not entered into a contractual agreement with the Village. D. NON-LAW ENFORCEMENT TYPE WORK PERFORMED AS AN APPROVED OUTSIDE EMPLOYMENT JOB: 1. An off-duty Police Officer performing an approved outside employment job, which consists of non- law enforcement type work shall have the same law enforcement responsibilities and authority as defined and required in Section 5. 8 B. 2 . Any action or consequence of any work or action, performed by an off-duty Police Officer while performing an approved non-law enforcement outside employment activity which does not fall under Section 5 . 8 B shall be the responsibility of the employee and/or his/her outside employer. In such a situation the Village will not be liable for the employee and the employee will be considered to have no relationship with the Village . 5. 9 FIRE OFFICER' S RESPONSIBILITIES WHILE ON/OFF DUTY For purposes of this Section, the term Fire Officer shall mean all sworn personnel of the Elk Grove Village Fire Department. An Elk Grove Village Fire Officer shall be considered to have full authority of a Fire Officer, as prescribed by State Statute and Village Ordinance on a twenty-four ( 24 ) hour continuous basis, as defined and restricted by this Section of the Personnel Rules and Regulations manual. A Fire Officer ' s authority shall be determined based on his/her status of either On-Duty or Off-Duty. A. ON-DUTY FIRE OFFICER' S RESPONSIBILITIES: 1. It is the duty and responsibility of every Elk Grove Village Fire Officer, who is on-duty, to enforce the laws enacted by the State of Illinois, as well as all of the Village ordinances and all other duties as defined in the Fire Department' s Policies , Procedures and Regulations. Such authority shall only be exercised in a reasonable and prudent manner consistent with estab- lished Fire Department practices: a. within the Corporate limits of the Village of Elk Grove Village; b. within the State of Illinois for the preservation of life and property. 2. In no event, and under no circumstances , is an Elk Grove Village Fire Officer authorized to perform fire suppression duties outside of the boundaries of the State of Illinois, unless so authorized by the Fire Chief. Pain of 3 B. OFF-DUTY FIRE OFFICER' S RESPONSIBILITIES 1. An off-duty Elk Grove Village Fire Officer who witnesses an event or situation within the corporate limits of Elk Grove Village or within the State of Illinois, which if left unattended, could reasonably result in death or serious bodily injury or the loss and/or destruction of property, shall immediately come under the direction and control of the Elk Grove Village Fire Department. In such situations , the Fire Officer shall be considered on-duty, and shall be required to react to such an event or situation consistent with all of 5 . 9 B. 2 . The Fire Officer shall have all the authority as provided by Village ordinance and State Statute and shall be answerable for any and all actions taken in reacting to the event or situation as defined above in Section 5.9 , B-1. 3 . The Elk Grove Village Fire Officer shall have the duty and responsibility and be required to react to an event or situation as defined above in Section 5. 9 , B-1, when off-duty at all times when within the corporate limits of Elk Grove Village or within the State of Illinois , except: a. when in a mental or physical state which would prevent or interfere with the normal functioning of a Fire Officer in the performance of duties consistent with established Fire Department practices; and b. when such action would be imprudent or unnecessarily increase the risk of bodily injury or death to the Fire Officer or others. Fags C2 o$-a- 4 . The Fire Officer who is off-duty and required to react to an event or situation as defined in Section 5 . 9 , B-1 , shall be provided with all of the liability coverage (including Worker' s Compensation ) that is provided by the Village for on-duty Fire Personnel. 5 . Any event or situation which would fall under Section '5 . 9 , B-1, but which occur outside the State of Illinois, are specifically excluded and the off-duty Fire Officer shall not have any duty, nor responsibility, to take any type of action. C. NON-FIRE DEPARTMENT TYPE WORK PERFORMED AS AN APPROVED OUTSIDE EMPLOYMENT JOB: 1. An off-duty Fire Officer performing an approved outside employment job, which consists of non-Fire Department type work shall have the same responsibilities and authority as defined and required in Section 5. 9 , B. 2 . Any action or consequence of any work or action, performed by an off-duty Fire Officer while performing an approved outside employment activity which does not fall under Section 5 . 9 , B, shall be the responsibility of the employee and/or his/her outside employer. In such a situation the Village will not be liable for the employee and the employee will be considered to have no relationship to the Village. Paged OLL