G8-03 CITY OF ELGIN
ORDINANCE NO. G9-03
AN ORDINANCE
AMENDING CHAPTER 2.52 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "POLICE DEPARTMENT" AND CHAPTER 3.08
ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS"
PASSED BY THE
CITY COUNCIL OF THE
CITY OF ELGIN
ON THIS 22ND DAY OF JANUARY 2003
Published in pamphlet form by authority of the
City Council of the City of Elgin, Kane and
Cook Counties, Illinois, on this
24th day of January 20023
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 January 22, 2003, the Corporate Authorities of
such municipality passed and approved Ordinance No. G9-03, which provided by its
terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. G9-03, including the Ordinance and
a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the
municipal building commencing on January 24, 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 January 24, 2003
Municipal Clerk
(SEAL)
r
Ordinance No. G8-03
AN ORDINANCE
AMENDING 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 authorized to
exercise any power and perform any function pertaining to its
government and affairs; and
WHEREAS, disciplinary procedures for police officers 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 . 52 . 160 of the Elgin Municipal Code,
1976, as amended, entitled "Disciplinary Measures" be and is hereby
further amended to read as follows :
"2 . 52 . 160 : DISCIPLINARY MEASURES :
The Chief of Police, with the approval of the City
Manager, is authorized and empowered to exercise and
enforce disciplinary measures against members of the
Police Department for the welfare of the Police
Department and for the purpose of ensuring efficiency
among the members thereof . Such disciplinary measures
against members of the Police Department may include
suspension without pay or removal or discharge .
Suspensions without pay shall be limited to a period of
not more than thirty (30) days . The authority of the
Chief of Police to impose disciplinary punishment shall
not be limited to the methods described above, namely,
suspension or removal or discharge . Except for the Chief
of Police, no member of the Police Department shall be
removed or discharged from the Police Department except
for cause . Discipline for those members of the police
department in a collective bargaining unit shall also be
subject to any applicable provisions in the then-current
collective bargaining agreement between the City of Elgin
and the subject bargaining unit . Discipline for police
sergeants, police lieutenants and police deputy chiefs
shall also be subject to applicable grievance procedures
in the then-current city personnel manual which in cases
involving a suspension of more than five (5) days or the
removal or discharge from the Police Department of a
police sergeant, police lieutenant or police deputy chief
shall include arbitration. The provisions of this
• section shall be in lieu of and shall supercede the
provisions relating to disciplinary procedures and
disciplinary hearings for police officers in the Board of
Fire and Police Commissioners Act at 65 ILCS 5/10-2 . 1-1,
et seq. , as amended, and in lieu of disciplinary
proceedings before the Board of Fire and Police
Commissioners . "
Section 2 . That Section 3 . 08 . 040 of the Elgin Municipal Code,
1976, as amended, entitled "Suspension of Five Days or Less;
Appeals" be and is hereby further amended to read as follows :
3 . 08 . 040 FIRE DEPARTMENT--SUSPENSION OF FIVE DAYS OR
LESS; APPEALS :
The Chief of the Fire Department shall have the
right to suspend without pay any officer under his
command for a period of not to exceed five (5) 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 (24) hours of the
time and of such suspension. Any fireman so suspended
may appeal to the Board for a review of the suspension
within twenty four (24) 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 Fire
Department and to the officer so suspended in the same
manner as if charges were originally filed before the
Board. "
Section 3 . That Chapter 3 . 08 of the Elgin Municipal Code,
1976, as amended, entitled "Board of Fire and Police Commissioners"
be and is hereby further amended by adding Section 3 . 08 . 050 thereto
to read as follows :
"3 . 08 . 050 DISCIPLINE FOR MEMBERS OF THE POLICE
DEPARTMENT :
Discipline for members of the Police Department
shall be provided for as set forth in Chapter 2 . 52 of
this code, as amended. Such ordinance provisions shall
be in lieu of and shall supercede the provisions relating
to disciplinary procedures and disciplinary hearings for
police officers in the Board of Fire and Police
Commissioners Act at 65 ILCS 5/10-2 . 1-1, et seq. , as
amended, and in lieu disciplinary proceedings before the
Board of Fire and Police Commissioners . "
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.
ir 4.- 4;r/Z
Ed Schoc , Mayor
Presented: January 22 , 2003
Passed: January 22 , 2003
Vote : Yeas : 5 Nays : 2
Recorded: January 23 , 2003
Published: January 24, 2003
Attest :
Dolonna Mecum, ity Clerk