G24-06 Ordinance No.G24-06
AN ORDINANCE
AMENDING CHAPTER 2.40 ENTITLED "FIRE DEPARTMENT"
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 exempt ranks and the procedures for the appointment and
removal of persons in such exempt ranks in 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 2.40.030 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 marshal, 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 (3) 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 on to new appointees and
shall not apply to applicants for promotions.
4. In the case of any conflict of any provision of this chapter with any
provision of the statutory provisions for board of fire and police
commissioners at 65 Illinois Compiled Statutes 5/10-2/1-1 et seq., as
amended, the provisions of this chapter shall supersede 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
marshal are and shall be exempt ranks and positions 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 marshal 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 is
involuntarily removed from an exempt rank, but is not discharged from the
fire department,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. The provisions of 65 ILLS
5/10-2.1-4, as amended, shall not apply to appointments, promotions or
removals for the positions of chief of the fire department,assistant fire chiefs,
battalion fire chiefs and fire marshal."
Section 2. That all ordinances or parts of ordinances in conflict with the provisions
of this ordinance be and are hereby repealed.
Section 3. That this ordinance shall be in full force and effect upon its passage in
the manner provided by law.
Ed Schock, Mayor
Presented: March 22, 2006
Passed: March 22, 2006
Vote: Yeas: 7 Nays: 0
Recorded: March 23, 2006
Published:
Attest:
enk Dolonna Mecum, City Clerk