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HomeMy WebLinkAboutG32-75 Ordinance No. G32-75 AN ORDINANCE DEFINING THE STATUS OF CHIEFS OF THE FIRE DEPARTMENT AND POLICE DEPARTMENT AND DEPUTY CHIEFS OF THE POLICE DEPARTMENT WHEREAS, the City of Elgin is a home rule unit as defined by the Constitution of the State of Illinois, 1970, and is empowered to perform any function and exercise any power relating to its government and affairs; and WHEREAS, the duties and status of employees of the City of Elgin are matters within the government and affairs of the City of Elgin, Illinois. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. That Section 7-202 of Chapter 7 of the Elgin City Code is hereby amended to read as follows: "7-202. Duties. The Board of Fire and Police Commissioners shall appoint all members of the Fire and Police Departments of the City of Elgin except the Chief of the Fire Department, the Chiefs of the Police Department and the Deputy Chiefs of the Police Department, and shall conduct and hold all entrance and promotional examinations and disciplinary hearings in the manner provided by law. The Chief of the Fire Department, the Chief of the Police Department, and the Deputy Chiefs of Police shall be appointed by the City Manager and shall be subject to removal by the City Manager and shall not be subject to the provisions of the Board of Fire and Police Commissioners Act." Section 2. That Section 8-17 of Chapter 8 of the Elgin City Code, as amended, be and is hereby amended to read as follows: "8-17. Appointments. A11 regular members of the Police Department except the Chief and Deputy Chiefs shall be appointed by the Board of Fire and Police Commissioners as provided by law. The Chief of Police and Deputy Chiefs shall be appointed by the City Manager. The Deputy Chiefs shall be appointed from among members of the department holding the rank of sergeant or above upon recommendation of the Chief of Police. If a member of the Police Department is appointed Chief of Police prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held immediately before his rank as chief. If he resigns as chief or is discharged as chief prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank, and there- e" after be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank. Any member of the department who was appointed Deputy Chief of the Police Department prior to being eligible to retire on pension shall be considered on furlough from the rank which he held at the time of his appointment as Deputy Chief. If he resigns as Deputy Chief or is discharged as Deputy Chief prior to attaining eligibility to retire on pension, he shall revert to and be established in the rank which he held at the time of his appointment as Deputy Chief and shall be entitled to all the benefits and emoluments of such rank without regard as to whether a vacancy then exists in such rank." Section 3. That Section 9-103 of Chapter 9 of the Elgin City Code, as amended, be and is hereby further amended to read as follows: "9-103. Appointments. All regular members of the Fire Depart- ment except the Chief shall be appointed by the Board of Fire and Police Commissioners as provided by law. The Chief of the Fire Department shall be appointed by the City Manager. If a member of the Fire Department is appointed Chief of the Fire Department prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held immediately before his rank as chief. If he resigns as chief or is discharged as chief prior to attaining eligibility to retire on pension, he shall revert to and be established in such prior rank, and thereafter be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank." Section 4. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: June 25, 1975 Passed: June 25, 1975 Vote: Yeas 6 Nays 0 Recorded: June 25, 1975 Published: June 25, 1975 Attest: s/ Diane L. Schwartz Diane L. Schwartz, Acting City Clerk