G77-03 �,.. CITY OF ELGIN
ORDINANCE NO. G77-03
AN ORDINANCE
AMENDING THE ELGIN MUNICIPAL CODE, 1976,
CHAPTERS 2.40, 2.52 AND 3.08
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 10 TH DAY OF SEPTEMBER 2003
r
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
12th day of September 2003.
STATE OF ILLINOIS )
ss.
COUNTY OF KANE )
CERTIFICATE
I, Dolonna Mecum, certify that I am the duly appointed and acting
municipal clerk of the City of Elgin, Cook and Kane Counties, Illinois.
I further certify that on September 10, 2003, the Corporate Authorities of
such municipality passed and approved Ordinance No. G77-03, which provided by its
terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G77-03, including the Ordinance
and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in
the municipal building commencing on September 12, 2003, and continuing for at least
ten days thereafter. Copies of such Ordinance were also available for public inspection
'"" upon request in the office of the municipal clerk.
DATED at Elgin, Illinois, on September 12, 2003.
Municipal Clerk
(SEAL)
rb.
Ordinance No. G77-03
AN ORDINANCE
AMENDING CHAPTER 2 . 40 ENTITLED "FIRE DEPARTMENT" ,
CHAPTER 2 . 52 ENTITLED "POLICE DEPARTMENT" AND
CHAPTER 3 . 08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS"
OF THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
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 provide for greater
flexibility and input from departmental chiefs in the selection and
appointment of police officers and firefighters; and
WHEREAS, procedures relating to the selection and appointment
of police officers and firefighters pertain 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 2 . 40 . 030 entitled "Appointment of
Members" of the Elgin Municipal Code, 1976, as amended, be and is
hereby further amended to read as follows :
"2 .40 . 030 APPOINTMENT OF MEMBERS :
A. All regular members of the Fire Department,
except the Chief, Deputy Chiefs, Fire Marshall, the
Training/Safety Officer and Fire Prevention/Education
Specialist shall be appointed or promoted by the Board of
Fire and Police Commissioners as provided by law except
as provided in this section as follows :
1 . The Fire Chief, with the approval of the City
Manager, shall select from among the three highest ranked
candidates on any eligibility list when making original
appointments to the Fire Department . Any such candidate
not selected shall retain their position on the
eligibility list . No such candidate for original
appointment shall fail to be selected more than twice
during the term of any applicable eligibility list in
favor of any candidate who has been ranked lower on any
such eligibility list .
2 . In the event more than one candidate is
appointed simultaneously, the appointee' s overall score
on the eligibility list shall determine seniority.
3 . The provisions of this section shall apply only
to new appointees and shall not apply to applicants for
promotions .
4 . In the case of any conflict of any provision of
this section with any provision of the statutory
provisions for Board of Fire and Police Commissioners at
65 ILCS 5/10-2 . 1-1 , et seq. , as amended, the provisions
of this section shall supercede any such statutory
provisions and shall control .
B. The Chief of the Fire Department is and shall
be an exempt rank and shall be appointed or promoted by
the City Manager and shall be subject to removal by the
City Manager. The Deputy Chiefs, Fire Marshall, the
Training Safety/Officer and Fire Prevention/Education
Specialist are and shall be exempt ranks and positions
and shall be appointed or promoted by the City Manager
upon the recommendation of the Fire Chief and shall be
subject to removal by the City Manager. If a member of
the Fire Department is appointed or promoted Chief,
Deputy Chief, Fire Marshall, Training/Safety Officer or
Fire Prevention/Education Specialist 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 to
all the benefits and emoluments of such prior rank,
without regard as to whether a vacancy then exists in
such rank. "
Section 2 . That Section 2 . 52 . 170A entitled "Appointments" of
the Elgin Municipal Code, 1976, as amended, be and is hereby
further 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 and
promoted by the Board of Fire and Police Commissioners as
provided by law except as provided in this section as
follows :
1 . The Chief of Police, with the approval of the
City Manager, shall select from among the three highest
ranked candidates on any eligibility list when making
original appointments to the Police Department . Any such
eft candidate not selected shall retain their position on the
eligibility list . No such candidate for original
appointment shall fail to be selected more than twice
during the term of any applicable eligibility list in
favor of any candidate who has been ranked lower on any
such eligibility list .
2 . In the event more than one candidate is
appointed simultaneously, the appointee' s overall score
on the eligibility list shall determine seniority.
3 . The provisions of this section shall apply only
to new appointees and shall not apply to applicants for
promotions .
4 . In the case of any conflict of any provision of
this section with any provision of the statutory
provisions for Board of Fire and Police Commissioners at
65 ILCS 5/10-2 . 1-1, et seq. , as amended, the provisions
of this section shall supercede any such statutory
provisions and shall control . "
Section 3 . That Section 3 . 08 . 020 entitled "Duties;
Appointments; Exceptions" of the Elgin Municipal Code, 1976, as
amended, be and is hereby further amended by amending
Subparagraphs A and B thereof to read as follows :
"A. The Board of Fire and Police Commissioners
shall appoint all members of the Fire and Police
Departments of the city except as otherwise provided
herein and except as otherwise provided in this code, as
amended, 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.
B. The Fire Chief, Deputy Chiefs, Fire Marshall,
Training/Safety Officer and Fire Prevention/Education
Specialist of the Fire Department are and shall be exempt
ranks and positions and shall be appointed or promoted by
the City Manager and shall be subject to removal by the
City Manager. The Chief and Deputy Chiefs of the Police
Department are and shall be exempt ranks and positions
and shall be appointed or promoted by the City Manager
eift and shall be subject to removal by the City Manager. "
Section 4 . That all ordinances or parts of ordinances in
conflict with the provisions of this ordinance be and are hereby
repealed.
Section 5 . That this ordinance shall be in full force and
effect upon its passage and publication in the manner provided by
law.
— ..rJ`
E. Schock, Mayor
Presented: September 10, 2003
Passed: September 10 , 2003
Vote : Yeas : 4 Nays : 2
Recorded: September 11, 2003
Published: September 12 , 2003
Attest :
/ l '4
Dolonna Mecum, City Clerk