G30-16Ordinance No. G30 -16
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AMENDING CHAPTER 2.52 ENTITLED "POLICE DEPARTMENT ",
CHAPTER 3.08 ENTITLED "BOARD OF FIRE AND POLICE COMMISSIONERS"
AND 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 Article VII of the Illinois
Constitution; and
WHEREAS, the City of Elgin, as a home rule unit, may exercise any power and perform any
function pertaining to its government and affairs; and
WHEREAS, the City Council of the City of Elgin has determined that it is necessary and
desirable to provide for certain amendments to regulations relating to appointments, promotions and
probationary periods for members of the city's police department; and
WHEREAS, procedures relating to appointments, promotions and probationary periods for
members of the city's police department pertain 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 2.52.170 of the Elgin Municipal Code, 1976, as amended, entitled
"Appointments" be and is hereby further amended by amending subparagraphs A and B thereof and
by adding a new subparagraph D thereto to read as follows:
"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. Except as provided in
Section 3.08.020 H, any such candidate not selected shall retain their position on the
eligibility list for the term of such 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. All appointees to a position as a member of the police department shall
have attained the age of twenty -one years.
3. 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 promotional appointments to the police department. Except as provided in
Section 3.08.020 H, any such candidate not selected shall retain their position on the
eligibility list for the term of such list.
4. In the event more than one candidate is appointed simultaneously, the
appointee's overall score on the eligibility list shall determine seniority.
B. The chief of police, deputy chief and commanders shall be appointed or promoted
by the city manager. The deputy chief shall be appointed or promoted either from among
members of the department holding the rank of commander, lieutenant or sergeant, or from
among qualified persons who are not members of the department, upon the recommendation
of the chief of police. Commanders shall be appointed or promoted either from among
members of the department holding the rank of lieutenant or sergeant, or from among
qualified persons who are not members of the department, upon the recommendation of the
chief of police."
D. 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 5110 2.1 -1 et seq., as amended, the provisions of this section shall supersede any
such statutory provisions and shall control."
Section 2. That Section 2.52.175 of the Elgin Municipal Code, 1976, as amended, entitled
"Probationary Period; New Appointees, Sergeant and Lieutenant:" be and is hereby further amended
to read as follows:
"A. Appointees to the position of police patrolman shall be subject to and considered
on an eighteen (18) month period of probation. Provided, however, said probationary period
may be extended without a hearing and without cause in the following situations:
1. When a probationary appointee is assigned to and works in an undercover
operation during the first eighteen (18) months of employment as a police officer, the
probationary period shall be extended to equal the number of days involved in such
assignment or six (6) months, whichever is less.
2. When a probationary appointee enters the United States armed forces
during the first eighteen (18) months of employment as a police officer, the
probationary period shall be extended to equal the number of days involved in such
duty.
3. When a probationary appointee is unable to perform normal duties due to
illness or nonduty related injuries for an extended length of time during the first
eighteen (18) months of employment as a police officer, the probationary period shall
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be extended to equal the number of days in which the probationary appointee was so
ill or injured.
4. When the chief of police determines a probationary employee has a
performance or disciplinary related issue(s), the probationary period may be extended
for not more than an additional six (6) months.
B. Only nonprobationary employees may sit for promotional examinations.
C. Appointees to the position of sergeant and lieutenant shall be subject to and
considered on a twelve (12) month period of probation. When the chief ofpolice determines
a probationary appointee to the position of sergeant or lieutenant has a performance or
disciplinary related issue(s), the probationary period may be extended without a hearing and
without cause for not more than an additional six (6) months. Any promotional probationary
appointee who fails to satisfactorily complete his/her probationary period, as same may be
extended, shall be returned to his/her prior rank except when such appointee retires, resigns
or is discharged for cause.
D. The board of fire and police commissioners shall establish such rules and
regulations as may be necessary to administer the provisions of this section."
Section 3. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Board of Fire and Police Commissioners" be and is hereby further amended by further amending
Section 3.08.020 thereof entitled "Duties; Appointments; Exceptions" by amending subparagraph G
thereto to read as follows:
"G. Any person, during a probationary period pursuant to original appointment
pursuant to this chapter, as same may be extended, may be discharged and terminated from
employment by and at the discretion of the city manager without a hearing and without cause.
Any promotional probationary appointees to the positions of lieutenant or captain in the fire
department or to the positions of sergeant or lieutenant in the police department, during a
promotional probationary period, as same may be extended, may be returned to his or her
previous rank by and at the discretion of the city manager without a hearing and without
cause, except when such probationary appointee retires, resigns or is discharged for cause."
Section 4. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Board of Fire and Police Commissioners" be and is hereby further amended by further amending
Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by adding a new subparagraph
H thereto and by re- lettering the remaining subparagraphs accordingly as subparagraphs I and J, with
such new subparagraph H thereto to read as follows:
"H. The board of fire and police commissioners may remove a candidate on an
eligibility list for original appointments to the police department in the event the board of fire
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and police commissioners has reason to conclude such candidate is no longer qualified for an
original appointment to the police department. The board of fire and police commissioners
shall document its reasons for such a decision. The board of fire and police commissioners
may remove a candidate on an eligibility list for promotional appointments to the police
department in the event the board of fire and police commissioners has reason to conclude
that such candidate has demonstrated substantial shortcomings in work performance or as has
engaged in misconduct affecting the person's ability to perform the duties of a promoted rank
since the posting of the promotional list. The board of fire and police commissioners shall
document its reasons for such a decision."
Section 5. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Board of Fire and Police Commissioners" be and is hereby further amended by further amending
Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by adding a new subparagraph
K thereto to read as follows:
"K. The board of fire and police commissioners shall establish such Hiles and
regulations as may be necessary to administer the provisions of this section."
Section 6. That Chapter 3.08 of the Elgin Municipal Code, 1976, as amended, entitled
"Board of Fire and Police Commissioners" be and is hereby further amended by further amending
Section 3.08.020 thereof entitled "Duties; Appointment; Exceptions" by amending subparagraph A
thereto to read as follows:
"A. The board of fire and police commissioners shall appoint or promote all
members of the fire and police departments of the city as provided by law, except as
otherwise provided in this code, as amended, and shall conduct and hold all examinations
and demotion hearings as provided by law, including, but not limited to, 65 Illinois Compiled
Statutes 5/10- 2.1 -6.3, as amended, except as otherwise provided in this code as amended. hi
addition to the examinations and disqualifications authorized by law, including, but not
limited to, 65 Illinois Compiled Statutes 5/10 -2.1 -6 and 5/10- 2.1 -6.3, as amended, 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 7. That Section 2.40.030 of the Elgin Municipal Code, 1976, as amended,
entitled "Appointment of Members" be and is hereby further amended by further amending
subparagraph A thereof to read as follows:
"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. In the event more than one candidate is appointed simultaneously, the
appointee's overall score on the eligibility list shall determine seniority.
2. 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; provided,
however, that in the event of any conflict of any provision of this Section with any
provision of the statutory provisions at 65 Illinois Compiled Statutes 5/10- 2.1- 1 -6.3,
as amended, the provisions of 65 Illinois Compiled Statutes 5/10- 2.1 -6.3 shall
control.
3. Points will be awarded after the final stage of the appointment process
for original appointments for the following reasons; provided, however, that a
maximum number of twenty points may be awarded to any person during the
appointment process:
Five points for completion of a minimum of two years at the Elgin
Fire Cadet Academy.
Three points for being a resident within the geographic boundaries of
the City of Elgin for a period of not less than one (1) year prior to the
awarding of points.
4. In addition to requirements established pursuant to 65 Illinois
Compiled Statutes 5/10- 2.1 -6.3, as prerequisites for participation in an examination
for original appointment for hire as a firefighter, all candidates must process the
following:
(a) Emergency Medical Technician Basic; and
(b) Not less than 60 credit hours from an accredited college; or
(c) Not less than 3 years of active duty military experience; or
(d) Not less than 3 years of service as a full -time employee and current
employment with the City of Elgin; or
(e) Be 19 years or older and have not less than 3 years participation in the
Elgin Fire Cadet Academy or Elgin Police Explorer Program and 100
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hours of volunteer time in the Academy or Explorer program. The
applicant may be placed on the eligibility list, but shall not be
appointed until they reach the age of 21."
Section 8. 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 9. That this ordinance shall be in full force upon its passage and publication in the
manner provided by law.
David J. Ka plain, NAyor
Presented: June 8, 2016
Passed: June 8, 2016
Omnibus Vote: Yeas: 9 Nays: 0
Recorded: June 8, 2016
Published: June 10, 2016
Attest:
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Kimberly Dewis, City Clerk
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