T2-97 low Ordinance No. T2-97
AN ORDINANCE
ESTABLISHING A MORATORIUM ON ENFORCEMENT OF
ELGIN MUNICIPAL CODE SECTION 2 . 52 . 130
WHEREAS, the employment of police officers is intimately
related to the public health, safety, comfort and welfare; and
WHEREAS, Article VII of the Illinois Constitution, 1970,
includes the protection of the public health, safety, morals
and welfare among the government and affairs that home rule
units may regulate; and
WHEREAS, the City of Elgin is a home rule unit within the
meaning of the Constitution of Illinois, 1970; and
WHEREAS, it is in the best interests of the City of Elgin
and in furtherance of the public health, safety and welfare
that the individuals who are employed by the City of Elgin as
police officers are the most capable persons available to
carry out the responsibilities and duties of police officers;
and
WHEREAS, the City Council is aware that age alone is not
universally determinant of each individual ' s mental or
physical capabilities to perform the duties and
responsibilities of police officers, and that certain
individuals of advanced age may in fact be more capable than
individuals with lesser experience; and
WHEREAS, the City Council is equally aware of its
obligation to establish standards and practices which will
tend to maintain the most efficient and effective possible
police service to the citizens of the City of Elgin; and
WHEREAS, Elgin Municipal Code Section 2 . 52 . 130 provides
for the mandatory retirement of police department members who
have attained the age of 63 years; and
WHEREAS, 775 ILCS 5/2-104 permits the imposition of a
mandatory retirement age for law enforcement officers; and
WHEREAS, the federal Age Discrimination in Employment Act
of 1967 (29 U.S .C. 623) has recently been amended to permit
the imposition of a mandatory retirement age for law
enforcement officers, and to direct the Secretary of Health
and Human Services to conduct a study and submit a report
based on the results of that study within 3 years of
appropriate tests for the assessment of abilities of law
enforcement officers; and
WHEREAS, the City Council has determined that it is in
the best interests of the City of Elgin to impose a moratorium
on the enforcement of the mandatory retirement provisions of
Elgin Municipal Code Section 2 . 52 . 130 to consider and evaluate
the merits of retaining, amending or abolishing Elgin
Municipal Code Section 2 . 52 . 130 .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ELGIN, ILLINOIS, that it hereby declares and directs a
moratorium on the enforcement of Elgin Municipal Code Section
2 . 52 . 130 for a period of sixty ( 60) days so as to permit
consideration, study and review of the merits of retaining,
amending or abolishing the mandatory retirement of police
officers who have attained the age of 63 years .
Kevin Kelly, Mayor
Presented: January 22, 1997
Passed: January 22 , 1997
Omnibus Vote: Yeas 6 Nays 0
Recorded: January 23, 1997
Published:
Attest:
1
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Do onna Mecum, City Clerk