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G57-97 Ordinance No. G57-97 AN ORDINANCE REPEALING EXISTING CHAPTER 3 . 08 OF THE ELGIN MUNICIPAL CODE, 1976 , AS AMENDED, ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS" AND CREATING CITY BOARD OF FIRE AND POLICE COMMISSIONERS WHEREAS, the City of Elgin is a home rule unit pursuant to Article VII of the Illinois Constitution; and WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the City Council of the City of . Elgin has determined that it is necessary and desirable to establish a board of fire and police commissioners which is separate, distinct and supersedes the board of fire and police commissioners authorized by the enabling statute provided at 65 ILCS 5/10-2 . 1-1 , et seq. ; and WHEREAS, the establishment of such board of fire and police commissioners pertains to the government and affairs of the' City of Elgin . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS : Section 1 . That Chapter 3 . 08 of the Elgin Municipal Code, 1976 , as amended, entitled "Board of Fire and Police Commissioners" is hereby repealed. Section 2 . That in lieu of the chapter repealed by Section 1 hereof there is hereby substituted a new Chapter 3 . 08 entitled "Board of Fire and Police Commissioners" as part of the Elgin Municipal Code, 1976 , as amended, to read as follows : "Chapter 3 . 08 BOARD OF FIRE AND POLICE COMMISSIONERS 3 . 08 . 010 ESTABLISHED. There is hereby established a board of fire and police commissioners for the City of Elgin pursuant to the City of Elgin ' s home rule authority. The board of fire and police commissioners hereby established shall be separate and distinct and supersede the board of fire and police commissioners authorized by statute. In the case of any conflict e" of any provision of this chapter with any provision of the statutory provisions for board of fire and police commissioners ( 65 Illinois Compiled Statutes 5/10-2 . 1-1 , et seq. , 1996 , as amended) the provisions of this chapter shall control . The board of fire and police commissioners shall consist of five members whose terms shall be for three years . Such members shall be appointed by the city council . Of the five members of the board not less than one shall be a female and not less than one shall be a member of a racial minority as that term is used by the Equal Employment Opportunity Commission. The board of fire and police commissioners shall elect one of its members as chairman for a term of one year subject to reelection. 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 as otherwise provided herein, and shall conduct and hold all examinations and disciplinary hearings as provided by law. In addition to the examinations and disqualifications authorized in Section 10-2 . 1-6 of Division 2 . 1 of Article 10 of Chapter 65 of the Illinois Compiled Statutes, 1996 , the board of fire and police commissioners shall conduct drug-screening examinations on all applicants for positions in the fire and police departments of the city except the applicants for the chief of the fire department and the chief and the deputy chiefs of the police department, and shall disqualify any applicant found through such drug-screening examination to be a current user of any illegal drug or unexplained legal drug. B. The fire chief, deputy chiefs and the supervisor of training for 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. C . No person shall be permitted to test for, nor be appointed by the Board to any position in the fire or police department unless such person is a citizen of the United States of America. D. Any officer of the police or fire department may, at the joint request of the officer, department chief and city manager, be placed in a lower rank. E . The board of fire and police commissioners may demote to any lower grade or rank officers of the police and fire departments , for cause, in lieu of discharge, and in addition to any suspension that may be imposed; but only at the request of the city manager and department chief . 3 . 08 . 030 RECORDS-SECRETARY. All records shall be maintained by the human resources director who shall act as the secretary to the board of fire and police commissioners . 3 . 08 . 040 SUSPENSION OF FIVE DAYS OR LESS-APPEALS . The chief of fire or police department shall have the right to suspend any officer under his command for a period of not to exceed five days , providing no charges on the same offense have been filed and are pending before the board, and he shall notify the board in writing within twenty-four hours of the time and of such suspension. Any policeman or fireman so suspended may appeal to the board for a review of the suspension within twenty-four hours after written notice of such suspension by filing notice of such appeal in writing with the secretary of the board of fire and police commissioners . A hearing shall be had upon such appeal, and due notice given to the chief of the department who suspended eft such officer and to the officer so suspended in the same manner as if charges were originally filed before the board. " Section 3 . That the duly appointed and acting commissioners of the board of fire and police commissioners repealed by Section 1 hereof shall continue to serve as the commissioners for the board of fire and police commissioners created by Section 2 hereof until the expiration of their respective current terms of office, or until their successors are appointed in the manner provided by law. Section 4 . That all ordinances or parts thereof in conflict with this ordinance be and are hereby repealed. Section 5 . That this ordinance shall be in full force and effect from and after its passage and publication in the manner provided by law. s/ Kevin Kelly Kevin Kelly, Mayor eft eiwk Presented: November 19 , 1997 Passed: November 19 , 1997 Vote: Yeas 4 Nays 3 Recorded: November 20 , 1997 Published: Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk tow fow