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G64-91 1r Ordinance No. G64-91 AN ORDINANCE AMENDING CHAPTERS 2 .52 AND 2 . 40 REGARDING PROVISIONS FOR APPOINTMENTS AND PROMOTIONS 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, providing for the appointment and promotion of members of the Police and Fire Departments of the City of Elgin is a matter pertaining to its government and affairs . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1 . That Chapter 2 . 52 entitled "Police Department" of the Elgin Municipal Code, 1976, as amended, be and is further amended by amending Section 2 .52 . 170 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 and promoted by the board of fire and police commissioners as provided by law; provided however, that each appointee shall be the first available individual as positioned on the applicable eligibility list. B. The chief of police and deputy chiefs shall be appointed or promoted by the city manager. Deputy chiefs 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 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 or promoted deputy chief of the police department prior to being eligible to retire on AMIN 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 2 . That Chapter 2 .40 entitled "Fire Department" of the Elgin Municipal Code, 1976, as amended, be and is further amended by amending Section 2 . 40 . 030 to read as follows : 2 .40 . 030 Appointment of members . A. All regular members of the fire department, except the chief, deputy chiefs, supervisor of training, superintendent and assistant superintendent of the bureau of inspection services shall be appointed or promoted by the board of fire and police commissioners as provided by law; provided, however that each appointee shall be the first available individual as positioned on the applicable eligibility list. B. The chief of the fire department shall be appointed or promoted by the city manager, the deputy chiefs, training supervisor, superintendent and assistant superintendent of the bureau of inspection services shall be appointed or promoted by the manager upon the recommendation of the fire chief . If a member of the fire department is appointed or promoted chief, deputy chief, training supervisor, superintendent or assistant superintendent of the bureau of inspection services of the fire department prior to being eligible to retire on pension, such member shall be considered as on furlough from the rank held immediately prior to his appointment to any of such positions . If a member resigns or is removed from an exempt rank prior to attaining eligibility to retire on pension such member shall revert to and be established in such prior rank, and thereafter shall be entitled and be established in such prior rank, and thereafter shall 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 3 . That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. George, nDeVoorde, Mayor Presented: September 25, 1991 Passed: September 25, 1991 Omnibus Vote: Yeas 6 Nays 0 Recorded: Published: Attest: Dolonna Mecum, City Clerk r rik