G10-12 Ordinance No. G10-12
AN ORDINANCE
AMENDING CHAPTER 2.52 OF
THE ELGIN MUNICIPAL CODE, 1976, AS AMENDED
ENTITLED "POLICE DEPARTMENT"
WHEREAS. the City of Elgin is a home rule unit,and as a home rule unit; may exercise any
power and perform any function pertaining to its government and affairs: and
WHEREAS,the city council has determined that it is necessary and desirable to establish the
new rank of police commander within the police department and to make other amendments with
respect to the number of certain ranks within the police department; and
WHEREAS,the establishment and number of ranks within the police department of the city
pertains to the 4overnment and affairs of the city.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN. ILLINOIS:
• Section 1. That Section 2.52.010 of the Elgin Municipal Code, 1976, as amended, entitled
"Establishment; Divisions" be and is hereby further amended by amending subparagraph A thereof
to read as follows:
"2.52.010: ESTABLISHMENT; DIVISIONS
A. There is established an executive department of the city to be known as the
police department. The police department shall consist of no more than one
hundred ninety (190) sworn members, of which one member shall be chief.
no more than one (1) member shall hold the rank of deputy chief no more
than three (3) members shall hold the rank of commander, no more than six
(6) members shall hold the rank of lieutenant, no more than twenty two (22)
members shall hold the rank of sergeant and the balance of said members
shall be of police officer rank."
Section 2. That Section 2.52.020 of the Elgin Municipal Code, 1976, as amended, entitled
"Offices Created" be and is hereby further amended to read as follows:
"2.52.020: OFFICES CREATED:
The following offices are established in the police department: chief; deputy chief,
commander, lieutenant, sergeant and patrolman. Before entering upon the duties of
the office, the chief of the police department shall execute his bond to the city in the
penal sum of one thousand dollars($1,000.00)with surety to be approved by the city
council conditioned for the faithful performance of his duty as provided by law.
Similar bonds shall be executed by other members of the department in the penal sum
of five hundred dollars($ 00.00)each;with like conditions.The term"policeman"or
"policemen" shall include all members of the police department regardless of rank
unless otherwise specified. The term "supervisory officer" shall include all members
of the department above the rank of patrolman."
Section 3. That Section 2.52.170 of the Elgin Municipal Code, 1976, as amended; entitled
"Appointments" be and is hereby further amended to read as follows:
"2.52.170: APPOINTMENTS:
A. All regular members of the police department except the chief, deputy chief
and commanders shall be appointed and promoted by the board of fire and
police commissioners as provided by law except as provided in this section as
follows:
1. The chief of police,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 police 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 lover 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 subsection A 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 Illinois Compiled Statutes 5/10-2.1-1 et seq.,as
amended; the provisions of this section shall supersede any such
statutory provisions and shall control.
B. The chief of police, deputy chief and commanders shall be appointed or
promoted by the city manager. Deputy chiefs and commanders shall be
appointed or promoted from among members of the department holding the
rank of lieutenant or sergeant upon the recommendation of the chief of police.
C. If a member of the police department is appointed or promoted to chief of
police prior to being eligible to retire on pension he shall be considered as on
Sfurlough from the rank he held immediately before his appointment to the
rank of chief. If he resigns as chief or is discharged as chief prior to attaining
eligibility to retire on pension, he shall revert to and be established in such
prior rank, without regard as to whether a vacancy then exists in such rank.
D. Any member of the department who was appointed or promoted deputy chief
of the police department prior to being eligible to retire on pension shall be
considered on furlough from the rank he held at the time of his appointment
as deputy chief. If he resigns as deputy chief or is removed as deputy chief
prior to attaining eligibility to retire on pension; he shall revert to and be
established in the rank of lieutenant or sergeant, as may be applicable.
E. Any member of the department who was appointed or promoted commander
of the police department prior to being eligible to retire on pension shall be
considered on furlough from the rank he held at the time of his appointment
as commander. If he resigns as commander or is removed as commander
prior to attaining eligibility to retire on pension; he shall revert to and be
established in the rank of lieutenant or sergeant, as may be applicable.
F. For purposes of the application of promotion preference points pursuant to 65
Illinois Compiled Statutes 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 Illinois Compiled Statutes 5/10-2.1-10, as amended."
Section 4. That ordinance number G15-11 entitled "An Ordinance Establishing a pay plan
for certain appointed officers and employees of the City of Elgin"be and is hereby further amended
by amending Section 1 thereof by adding the additional title thereto of"police commander" in pay
grade 820 with a benefit grade A.
Section 5. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed to the extent of any such conflict.
Section 6. That this ordinance shall be in full force and effect upon its passage and
publication in the manner provided by law.
z; ��10 . M4 e,4,10—
David J. Kapt ffn; ayor
•
• Presented: March 7; 2012
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Passed: March 7, 2012
Omnibus Vote: Yeas: 5 Nays: 0
Recorded: March 7, 2012 e
Published: March 9, 2012
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Attest:
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Kimberly DeNvis, ity Clerk
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