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G53-84 Ordinance No. G53-84 AN ORDINANCE PROVIDING FOR THE REORGANIZATION OF THE POLICE DEPARTMENT WHEREAS, the City of Elgin is a home rule unit within the meaning of the Illinois Constitution, 1970, and may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the organization, composition and rank structure of the police department of the City of Elgin is a matter pertaining to its government and affairs; and WHEREAS, the City Council of the City of Elgin hereby finds that it is necessary and desirable to reorganize the police department of the City of Elgin. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section I. That Section 2.52.020 of the Elgin Municipal Code, 1976, as amended, is amended to read as follows: "2.52.020 Offices Created The following offices are hereby established in the police department: chief, deputy chief, lieutenant, sergeant and patrolman. The rank of captain existing prior to the effective date of the amendatory ordinance is hereby abolished and any member of the police department holding the rank of captain on the effective date of this amendatory ordinance shall revert to such member's permanent rank. The rank of lieutenant I existing on the effective date of the amendatory ordinance shall be retitled and designated as the rank of sergeant after the effecive date of this amendatory ordinance. The rank of lieutenant II existing on the effective date of this amendatory ordinance shall be retitled and designated as the rank of lieutenant after the effective date of this amendatory ordinance. 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 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 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 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 and deputy chiefs shall be appointed by the Board of Fire and Police Commissioners as provided by law. B. The chief of police and deputy chiefs shall be appointed by the city manager. Deputy chiefs shall be appointed 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 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 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 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." 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 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 and deputy chiefs of the police department, and shall conduct and hold all examinations and disciplinary hearings as otherwise provided by law. B. The chief of the fire department and the chief and deputy chiefs 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 lieutenant heretofore 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 sergeant." Section 4. That this ordinance shall be effective from and after November 5, 1984. s/ Richard L. Verbic Richard L. Verbic, Mayor Presented: October 8, 1984 Passed: October 8, 1984 Vote: Yeas 4 Nays 2 Recorded: Published: Attest: s/ Marie Yearman Marie Yearman, City Clerk r