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HomeMy WebLinkAboutG84-88 Ordinance No. G84-88 AN ORDINANCE AMENDING THE PROVISIONS OF THE MUNICIPAL CODE RELATING TO THE BOARD OF FIRE AND POLICE COMMISSIONERS (Appeals of Suspensions) WHEREAS, the City of Elgin is a home rule unit within the meaning of the 1970 Constitution of the State of Illinois; and WHEREAS, a home rule unit may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, review of suspension of five (5) days or less by the Board of Fire and Police Commissioners is a matter pertaining to the government and affairs of the City of Elgin. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, is hereby amended by adding the following: "3.08.040 Suspension of five days or less - Appeals. el"k The Chief of the Fire or Police Department 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 24 hours of the time and of such suspension. Any policeman or fireman so suspended may appeal to the Board for a review of the suspension within 24 hours after written notice of such suspension by filing notice of such appeal in writing with the Secretary of the Board of Fire and Police Commis- sioners. 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." Section 2. That this ordinance shall control over any conflicting statute or ordi- nance. Section 3. That this ordinance shall be in full force and effect upon its passage. s/ George VanDeVoorde George VanDeVoorde, Mayor Presented: November 30, 1988 Passed: November 30 , 1988 Vote: Yeas 7 Nays 0 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk