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G33-81 c Ordinance No. G33-81 AN ORDINANCE REORGANIZING TIIE POLICE DEPARTMENT TO ADD THE RANK OF CAPTAIN AND TO MERGE THE RANK OF SERGEANT WITH THE RANK OF LIEUTENANT WHEREAS, the City of Elgin is a home rule unit as defined by the Con- stitution of the State of Illinois, 1970, and is authorized to perform any function and exercise any power relating to its government and affairs; and WHEREAS, the organization composition and appointment of members of the police department are matters pertaining to the government and affairs of the City of Elgin, Illinois. IT IS HEREBY ORDAINED 31 THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, IN THE EXERCISE OF ITS HOME RULE POWERS: Section 1. That Section 2.50.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52.020 Offices created. There are created the following offices in the police depart- ment: chief, deputy chief, captain, lieutenant I and lieutenant II, and patrolman. The rank of sergeant existing prior to the effective date of this ordinance shall be merged with the rank of lieutenant I. 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 with surety to be approved by the city council condi- tioned 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 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. That all members holding the rank of sergeant on the effective date of this ordinance shall hereafter be designated as holding the rank of lieutenant I. That all members holding the rank of lieutenant on the effective date of this ordinance shall be designated as holding the rank of lieutenant II." Section 2. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52.170 Appointments. A. All regular members of the police department except the chief, deputy chiefs, and captains shall be appointed by the board of fire and police commissioners as provided by law. B. The chief of police, deputy chiefs and captains shall be appointed by the city manager. The deputy chiefs and captains shall be appointed from among members of the department holding the rank of lieutenant I or II upon the recommendation of the chief of police. C. 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, without regard as to whether a vacancy then exists in such rank. D. Any member of the department who was appointed deputy chief or captain 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 or captain. If he resigns as deputy chief or captain or is discharged as deputy chief or captain prior to attaining eligibility to retire on pension, he shall revert to and be established in the rank of lieutenant I or lieutenant II, as may be applicable, 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 3.08.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "3.08.020 Duties--Appointments--Exceptions. All A. The board of fire and police commissioners shall appoint all members of the fire and police department of the city except the chief of the fire department and the chief, deputy chiefs and captains of the police department, and shall conduct and hold all examinations and disciplinary hearings in the manner provided by law. B. The chief of the fire department, the chief, deputy chiefs and captains of the police department 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. C. That any eligibility lists for the office of sergeant here- tofore established by the board of fire and police commissioners and in effect at the time of this ordinance shall be administered as an eligibility list for the office of lieutenant I." Section 4. That this ordinance shall be in full force and effect from and after August 17, 1981. s/ Richard L . Verbic Richard L. Yerbic, Mayor Presented: July 8, 1981 Passed: July 8, 1981 Vote: Yeas 4 Nays 3 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk (Pik r