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HomeMy WebLinkAboutG10-12 Ordinance No. G10-12 AN ORDINANCE AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED ENTITLED "POLICE DEPARTMENT" WHEREAS. the City of Elgin is a home rule unit,and as a home rule unit; may exercise any power and perform any function pertaining to its government and affairs: and WHEREAS,the city council has determined that it is necessary and desirable to establish the new rank of police commander within the police department and to make other amendments with respect to the number of certain ranks within the police department; and WHEREAS,the establishment and number of ranks within the police department of the city pertains to the 4overnment and affairs of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN. ILLINOIS: • Section 1. That Section 2.52.010 of the Elgin Municipal Code, 1976, as amended, entitled "Establishment; Divisions" be and is hereby further amended by amending subparagraph A thereof to read as follows: "2.52.010: ESTABLISHMENT; DIVISIONS A. There is established an executive department of the city to be known as the police department. The police department shall consist of no more than one hundred ninety (190) sworn members, of which one member shall be chief. no more than one (1) member shall hold the rank of deputy chief no more than three (3) members shall hold the rank of commander, no more than six (6) members shall hold the rank of lieutenant, no more than twenty two (22) members shall hold the rank of sergeant and the balance of said members shall be of police officer rank." Section 2. That Section 2.52.020 of the Elgin Municipal Code, 1976, as amended, entitled "Offices Created" be and is hereby further amended to read as follows: "2.52.020: OFFICES CREATED: The following offices are established in the police department: chief; deputy chief, commander, lieutenant, sergeant and patrolman. Before entering upon the duties of the office, the chief of the police department shall execute his bond to the city in the penal sum of one thousand dollars($1,000.00)with surety to be approved by the city council conditioned for the faithful performance of his duty as provided by law. Similar bonds shall be executed by other members of the department in the penal sum of five hundred dollars($ 00.00)each;with like conditions.The term"policeman"or "policemen" shall include all members of the police department regardless of rank unless otherwise specified. The term "supervisory officer" shall include all members of the department above the rank of patrolman." Section 3. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended; entitled "Appointments" be and is hereby further amended to read as follows: "2.52.170: APPOINTMENTS: A. All regular members of the police department except the chief, deputy chief and commanders shall be appointed and promoted by the board of fire and police commissioners as provided by law except as provided in this section as follows: 1. The chief of police,with the approval of the city manager, shall select from among the three(3)highest ranked candidates on any eligibility list when making original appointments to the police department.Any such candidate not selected shall retain their position on the eligibility • list. No such candidate for original appointment shall fail to be selected more than twice during the term of any applicable eligibility list in favor of any candidate who has been ranked lover on any such eligibility list. 2. In the event more than one candidate is appointed simultaneously,the appointee's overall score on the eligibility list shall determine seniority. 3. The provisions of this subsection A shall apply only to new appointees and shall not apply to applicants for promotions. 4. In the case of any conflict of any provision of this section with any provision of the statutory provisions for board of fire and police commissioners at 65 Illinois Compiled Statutes 5/10-2.1-1 et seq.,as amended; the provisions of this section shall supersede any such statutory provisions and shall control. B. The chief of police, deputy chief and commanders shall be appointed or promoted by the city manager. Deputy chiefs and commanders shall be appointed or promoted from among members of the department holding the rank of lieutenant or sergeant upon the recommendation of the chief of police. C. If a member of the police department is appointed or promoted to chief of police prior to being eligible to retire on pension he shall be considered as on Sfurlough from the rank he held immediately before his appointment to the rank of 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, without regard as to whether a vacancy then exists in such rank. D. Any member of the department who was appointed or promoted deputy chief of the police department prior to being eligible to retire on pension shall be considered on furlough from the rank he held at the time of his appointment as deputy chief. If he resigns as deputy chief or is removed as deputy chief prior to attaining eligibility to retire on pension; he shall revert to and be established in the rank of lieutenant or sergeant, as may be applicable. E. Any member of the department who was appointed or promoted commander of the police department prior to being eligible to retire on pension shall be considered on furlough from the rank he held at the time of his appointment as commander. If he resigns as commander or is removed as commander prior to attaining eligibility to retire on pension; he shall revert to and be established in the rank of lieutenant or sergeant, as may be applicable. F. For purposes of the application of promotion preference points pursuant to 65 Illinois Compiled Statutes 5/10-2.1-10, as amended, the term "engaged in a military or naval service of the United States at any time for a period of one • year" shall mean "net active service" combined with "total prior active service" as indicated on the certificate of release or discharge from active duty provided by the branch of military service of which the promotional applicant was engaged, commonly referred to as a "DD214" form. No other military service shall be construed so as to constitute a promotional applicant's engagement in a military or naval service of the United States as provided by 65 Illinois Compiled Statutes 5/10-2.1-10, as amended." Section 4. That ordinance number G15-11 entitled "An Ordinance Establishing a pay plan for certain appointed officers and employees of the City of Elgin"be and is hereby further amended by amending Section 1 thereof by adding the additional title thereto of"police commander" in pay grade 820 with a benefit grade A. Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance be and are hereby repealed to the extent of any such conflict. Section 6. That this ordinance shall be in full force and effect upon its passage and publication in the manner provided by law. z; ��10 . M4 e,4,10— David J. Kapt ffn; ayor • • Presented: March 7; 2012 �pBS F1r,�+ Passed: March 7, 2012 Omnibus Vote: Yeas: 5 Nays: 0 Recorded: March 7, 2012 e Published: March 9, 2012 B ` Attest: �J-u- Kimberly DeNvis, ity Clerk • i