G26-04 Ordinance No. G26-04
AN ORDINANCE
AMENDING CHAPTER 2.40 ENTITLED "FIRE 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 the Constitution of the State of
Illinois; and
WHEREAS, as a home rule unit the City of Elgin may exercise any power and perform any
function pertaining to its government and affairs; and
WHEREAS,the establishment of ranks within the City of Elgin Fire Department 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 Section 2.40.010 of the Elgin Municipal Code, 1976,as amended,entitled
"Establishment"be and is hereby further amended to read as follows:
"2.40.010 ESTABLISHMENT:
There is established an executive department of the City to be known as the
Fire Department. The total authorized strength of the Fire Department shall hereafter
be one hundred twelve(112)members,of which one member shall be Chief,no more
than two (2) members shall hold the rank of assistant fire chief, no more than three
(3)members shall hold the rank of battalion fire chief, no more than one (1)person
shall hold the position of fire marshall,no more than five(5)members shall hold the
rank of captain, no more than twenty five (25) members shall hold the rank of
lieutenant, and the balance of said members shall be of firefighter rank."
Section 2. That Section 2.40.020 of the Elgin Municipal Code, 1976,as amended,entitled
"Offices Created; Bond; Ranks"be and is hereby further amended to read as follows:
"2.40.020: OFFICES CREATED; BOND; RANKS:
There are created the offices of Chief of the Fire Department, assistant fire
chiefs, battalion fire chiefs, fire marshall, captains, lieutenants, and firefighters.
Before entering upon the duties of the office, the Chief of the Fire Department shall
execute his bond to the City in the penal sum of one thousand dollars($1,000.00)with
surety to be approved by the City Council conditioned for the faithful performance of
his duty as provided by law. Similar bonds shall be executed by other members of the
Department in the penal sum of five hundred dollars ($500.00) each with like
conditions. The term "fireman" or "firemen" shall include all members of the Fire
Department regardless of rank unless otherwise specified. The term "supervisory
officer" shall include all members of the Department above the rank of firefighter."
Section 3. 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 Fire Chief,
assistant fire chiefs, battalion fire chiefs, and fire marshall, 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.
rik 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 assistant fire chiefs,battalion fire chiefs and Fire Marshall
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 Fire Chief, assistant fire chief,battalion fire chief or Fire Marshall 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 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 in the
manner provided by law.
/
Ed Schock, Mayor
Presented: March 10, 2004
Passed: March 10, 2004
Vote: Yeas: 6 Nays: 0
Recorded: March 11, 2004
Published:
Attest:
Dolonna Mecum, ity Clerk
r