G51-05 Ordinance No. G51-05
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,disciplinary measures regarding members of the City of Elgin's Fire Department
pertains to the government and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Chapter 2.40 of the Elgin Municipal Code, 1976, as amended, entitled
"Fire Department" be and is hereby further amended by adding a new Section 2.40.040 thereto
entitled"Disciplinary Measures"to read as follows:
"2.40.050: DISCIPLINARY MEASURES:
The chief of the fire department, with the approval of the city manager, is
authorized and empowered to exercise and enforce disciplinary measures against
members of the fire department for the welfare of the fire department and for the
purpose of ensuring efficiency among the members thereof. Such disciplinary
measures against members of the fire 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 the fire department to impose
disciplinary punishment shall not be limited to the methods described above,namely,
suspension or removal or discharge. Except for the chief of the fire department, no
member of the fire department shall be removed or discharged from the fire
department except for cause. Discipline for those members of the fire 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 fire captains, fire marshal, battalion fire chiefs and
assistant fire 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 fire department of fire captains, fire
marshal, battalion fire chiefs and assistant fire chiefs shall include arbitration. The
provisions of this section shall be in lieu of and shall supersede the provisions relating
to disciplinary procedures and disciplinary hearings for members of the fire
•. department in the Board of Fire and Police Commissioners Act at 65 Illinois
Compiled Statutes 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 3.08.020 of the Elgin Municipal Code, 1976,as amended,entitled
"Duties;Appointments;Exceptions"be and is hereby further amended by amending Subparagraph A
thereof to read as follows:
"3.08.020: DUTIES; APPOINTMENTS; EXCEPTIONS:
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 in this code,
as amended, and shall conduct and hold all examinations and demotion hearings as
provided by law. In addition to the examinations and disqualifications authorized in
65 Illinois Compiled Statutes 5/10-2.1-6, 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 3.08.040 of the Elgin Municipal Code, 1976,as amended,entitled
"Fire Department; Suspension of Five Days or Less; Appeals"be and is hereby further amended to
read as follows:
"3.08.040: DISCIPLINE FOR MEMBERS OF THE FIRE DEPARTMENT:
Discipline for members of the fire department shall be provided for as set
forth in Chapter 2.40 of this code,as amended. Such ordinance provisions shall be in
lieu of and shall supersede the provisions relating to disciplinary procedures and
disciplinary hearings for members of the fire department in the Board of Fire and
Police Commissioners Act at 65 Illinois Compiled Statutes 5/10-2.1-1 et seq., as
amended, and in lieu of 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 in the
manner provided by law.
Ed Schock, Mayor
tigibk
Presented: May 25, 2005
Passed: May 25, 2005
Vote: Yeas: 7 Nays: 0
Recorded: May 26, 2005
Published: May 27, 2005
Attest:
- ,
Dolonna Mecum, City Clerk