G32-75 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