G48-05 (2) Ordinance No. G48-05
AN ORDINANCE
AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT" OF THE
ELGIN MUNICIPAL CODE, 1976, AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Section 2.52.170 of the Elgin Municipal Code, 1976,as amended,entitled
"Appointments"of the Elgin Municipal Code, 1976,as amended,be and is hereby further amended
by amending Subsection A3 to read as follows:
"3. The provisions of this Subsection 2.52.170A shall apply only to new
appointees and shall not apply to applicants for promotions."
Section 2. That Section 2.52.170 of the Elgin Municipal Code, 1976,as amended,entitled
"Appointments"of the Elgin Municipal Code, 1976,as amended,be and is hereby further amended
by adding Subsection E to read as follows:
"E. For purposes of the application of promotion preference points pursuant
to 65 ILCS 5/10-2.1-10,as amended,the term"engaged in a military or naval service
of the United States at any time for a period of one year" shall mean "Net Active
Service"combined with"Total Prior Active Service"as indicated on the certificate
of release or discharge from active duty provided by the branch of military service of
which the promotional applicant was engaged,commonly referred to as a"DD214"
form. No other military service shall be construed so as to constitute a promotional
applicant's engagement in a military or naval service of the United States as provided
by 65 ILCS 5/10-2.1-10, as amended."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
s/Ed Schock
Ed Schock, Mayor
Presented: April 27, 2005
Passed: April 27, 2005
Vote: Yeas: 7 Nays: 0
Recorded: April 28, 2005
Published:
Attest:
s/Dolonna Mecum
Dolonna Mecum, City Clerk
of Et. Agenda Item No.
" City of Elgin
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April 8, 2005 G !!!� E 1101
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TO: Mayor and Members of the City Council N F!!!
FINANCIALLY STABLE CITU GOVERNMENT
FROM: Olufemi Folarin, City ManagerAND OUA ITT INFRASTRUCTURE
Michael R. Gehrman,Assistant orporation Counsel
SUBJECT: Eligibility for Veteran's Preference Points for Police Department Promotions
PURPOSE
The purpose of this memorandum is to submit to the Mayor and members of the City Council a
proposed ordinance to clarify an ambiguity which exists pursuant to the current law regarding
eligibility for promotional veteran's preference points.
RECOMMENDATION
It is recommended that the City Council adopt an ordinance amendment which will provide for a
calculation of veteran's points based exclusively on the certificate of release or discharge from
active duty form issued by the armed services (commonly referred to as a "DD214" form), as is
currently used by the Illinois State Board of Fire and Police Commissioners.
BACKGROUND
Elgin Municipal Code Section 2.52.170(A) provides, in pertinent part, "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."
The application of promotional preferences is provided for by the state statues at 65 ILCS 5/10-
2.1-10, which provides promotional preference points for members of the police department of
any municipality who were "engaged in a military or naval service of the United States at any
time for a period of one year", who "were honorably discharged therefrom, who are now or who
may hereafter be on inactive or reserve duty in such military or naval service... and whose name
appears on existing promotional eligibility registers".
Pursuant to the aforementioned statute and ordinance, which adopts the statute, members of the
police department seeking promotion are eligible to receive military preference points if they
were "engaged in a military or naval service of the United States at any time for a period of one
year".
•
Eligibility for Veteran's Preference Points for Police Department Promotions
April 8, 2005
Page 2
The Illinois Second District Appellate Court, in interpreting 65 ILCS 5/10-2.1-10, along with
another similar statute, has held "We read the statute as requiring the applicants to have been
engaged in a military or naval service of the United States for a period of one year in either case.
It seems clear to us that the primary requirement is military or naval service in the forces of the
United States. We construe this to be active service." The Court restated this holding a second
time, stating "In any event, however, we read both sections as requiring first of all, active duty in
the military or naval service of the United States, and the following language of the Act as
merely indicating an alternative to an honorable discharge, where the applicant elects to remain
on inactive or reserved duty." See, Gaines v. City of Rockford Fire and Police Commission, 389
N.E. 2d 3 (1979).
It is the practice of the State of Illinois Board of Fire and Police Commissioners to only consider
promotional points based on "active duty" as defined by the military service involved, as
reflected by the discharge form provided by the military branch involved, commonly known as a
"DD214" form, when calculating length of active service. In particular, the designated time
provided under Section 12(c) of the form, which describes "Net Active Service for this Period"
and 12J(d), which describes "Total Prior Active Service". Such a method of calculation would
not provide for active duty or active service credit for induction periods prior to active duty, full-
time service, annual training services (typically consisting of two-week periods during each
summer) or service by which the affected employee performs service on alternative weekends.
The Federal Code, at 10 U.S.C., Sec. 101(d)(1) defines "active duty" as "full-time duty in the
active military service of the United States." Such term, however, also includes "full-time
training duty, annual training duty and attendance, while in the active military service, at a
school designated as a service school by law, or by the Secretary of the military department
concerned." (It should be noted, additionally, that 10 U.S.C., Sec. 101(d)(6)(A) defines "active
reserve duty" as "active duty... performed by a member of a reserve component of the marine
corps".)
There therefore exists an ambiguity in the current law regarding the application of military '
preference points for police promotions. This ambiguity was brought to light with the
development and posting of the most recent promotional eligibility list for the position of police
lieutenant. The ambiguity in the application of the current state law should be clarified by
amending the Elgin Municipal Code to unambiguously reflect the City Council's intentions.
The attached proposed ordinance would provide for a calculation of veteran's points consistent
with the State of Illinois Board of Fire and Police Commissioners by utilizing the DD214
discharge form provided by the military branch involved.
COMMUNITY GROUPS/INTERESTED PERSONS CONTACTED
rah' The State of Illinois Board of Fire and Police Commissioners.
4
r Eligibility for Veteran's Preference Points for Police Department Promotions
April 8, 2005
Page 3
9/A___
FINANCIAL IMPACT
None.
wpy',GAL IMPACT
None.
ALTERNATIVES
1. Adoption of the proposed ordinance whereby active duty will be determined by the
DD214 discharge form.
2. The City Council may elect to define "active service" toward the accumulation of
veteran's preference points based upon the more expansive definition in the Federal Code
so as to also include the aforementioned induction period (typically generally consisting
of a two-month period prior to the beginning of full-time active duty), and/or two week
summer annual training duty.
Respectfully submitted for Council consideration.
MRG/nr
Attachment
r
Eligibility for Veteran's Preference Points for Police Department Promotions
April 8, 2005
Page 4
DRAFT 411/05
Ordinance No_G
AN ORDINANCE
AMENDING CHAPTER 2.52 ENTITLED"POLICE DEPARTMENT'OF THE
ELGIN?4iUNICIPAL CODE,1976,AS AMENDED
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN,Ti 11NOIS:
Section 1. That Section 2.52.170 of the Elgin Municipal Code.1976,as amended,entitled
`Appointments'of the Elgin Municipal Code,1976,as amended,be and is hereby further amended
by amending Subsection A3 to read as follows:
"3. The provisions of this Subsection 2.52.170A shall apply only to new
appointees and shall not apply to applicants for promotions."
•
Section 2. That Section 2.52.170 oftie Elgin Municipal Code.1976,as amended,entitled
"Appointments"of the Elgin Municipal Code,1976,as amended,be and is hereby further amended
by adding Subsection E to read as follows:
"E. For purposes of the application of promotion preference points pursuant
to 65 ILCS 5910-2.1-10,as amended,the term"engaged in a military or naval service
of the United States at any time for a period of one}ear"shall mean"Net Active
Service"combined with"Total Prior Active Service"as indicated on the certificate
of release or discharge from active duty providd by the branch ofmilitaiy service of
which the promotional applicant was engaged,commonly referred to as a"DD214"
form. No other military service shall be construed so as to constitute a promotional
applicant's engagement in a military or naval service of the United States as provided
by 65 ILCS 5/10-2.1-10,as amended."
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed_
Section 4. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
Ed Schoch,Mayor
Presented:
Passed:
Vote:Yeas Nays:
Recorded:
Published:
Attest
Dolonna Mecum.City Clerk
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