G90-98 •
Ordinance No. G90-98
few AN ORDINANCE
AMENDING CHAPTER 3 . 04 ENTITLED "CIVIL SERVICE
COMMISSION" AND AMENDING CHAPTER 3 . 08 ENTITLED
"BOARD OF FIRE AND POLICE COMMISSIONERS" OF THE
ELGIN MUNICIPAL CODE, 1976 , AS AMENDED
WHEREAS, the City Council of the City of Elgin has
determined that it is necessary and desirable to amend Chapters
3 . 04 and 3 . 08 of the Elgin Municipal Code to provide for
drug-screening examinations and criminal history background
checks on all applicants for positions under the Civil Service
Commission and Board of Police and Fire Commissioners , and
WHEREAS, the City of Elgin is an Illinois municipal
corporation and a home rule unit pursuant to the Constitution
and laws of the State of Illinois; and
WHEREAS, a home rule unit may exercise any power and
perform any function pertaining to its government and affairs .
WHEREAS, pre-employment examinations in the form of
drug-screening examinations and criminal history background
checks on applicants for positions under the Civil Service
Commission and Board of Fire and Police Commissioners pertains
0."66. 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 Section 3 . 04 . 040 of the Elgin Municipal
Code, 1976, as amended, entitled "Civil Service Commission" be
and is hereby amended by adding subparagraphs F and G to read
as follows :
" (F) The Civil Service Commission shall conduct
drug-screening examinations of all applicants for
positions with the City of Elgin under the purview of
the Civil Service Commission who have qualified for
placement on an eligibility list and all applicants
for positions for which employees are not selected
from an eligibility list, and shall disqualify any
applicant found through such drug-screening
examination to be a current user of any illegal drug
or explained legal drug.
(G) The Civil Service Commission shall conduct
a criminal history background check on all applicants
for positions under the purview of the Civil Service
Commission who have qualified for placement on an
eligibility list and all applicants for positions for
401'' which employees are not selected from an eligibility
list, in the form and manner directed by the City
Manager. Any applicant found to have been convicted
of a felony or convicted of any other crime involving
violence, dishonesty, theft or moral turpitude shall
be disqualified, unless the Civil Service Commission
determines in its sole and exclusive discretion and
judgment that the applicant has been rehabilitated to
the extent that his or her hiring no longer poses an
unacceptable threat to the public health, safety,
welfare or best interests of the citizens of Elgin,
and his or her hiring no longer constitutes an
unacceptable threat to the efficiency of operation of
the City of Elgin, and does not create an appearance
of impropriety. The burden of proof of sufficient
rehabilitation shall be on the applicant and must be
established by clear and convincing evidence. "
Section 2 . That Section 3 . 08 . 020 of the Elgin Municipal
Code, 1976, as amended, entitled "Board of Fire and Police
Commissioners" be and is hereby amended by amending
subparagraph A to read as follows :
" (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 under
the purview of the Board of Fire and Police
Commissioners who have qualified for placement on an
eligibility list and all applicants for any positions
for which employees are not selected from an
eligibility list, and shall disqualify any applicant
found through such drug screening examination to be a
current user of any illegal drug or unexplained legal
drug. "
Section 3 . That Section 3 . 08 . 020 of the Elgin Municipal
Code, 1976 , as amended, entitled "Board of Fire and Police
Commissioners" be and is hereby amended by adding subparagraph
F to read as follows :
" (F) The Board of Fire and Police Commissioners
shall conduct a criminal history background check on
all applicants for positions under the purview of the
Board of Fire and Police Commissioners who have
qualified for placement on an eligibility list and
all applicants for any positions for which employees
doi' are not selected from an eligibility list, in the
form and manner directed by the City Manager. Any
applicant found to have been convicted of a felony or
convicted of any other crime involving violence,
dishonesty, theft or moral turpitude shall be
disqualified. "
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby
repealed.
Section 5 . That this ordinance shall be in full force and
effect from and after its passage in the manner provided by
law.
Kevin Kelly, Mayo
Presented: November 4 , 1998
Passed: November 4, 1998
Omnibus Vote: Yeas 6 Nays 0
Recorded: November 5, 1998
Published:
Attest:
Dolonna Mecum, City Clerk