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HomeMy WebLinkAboutRes 17-22 05/17/2022 Authorizing an amendment to the Rules and Regulations of the Board of Fire and Police Commissioners of The Village of Mount Prospect, IllonoisRESOLUTION NO. 17-22 A RESOLUTION AUTHORIZING AN AMENDMENT TO THE RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT ILLINOIS WHEREAS, the Board of Fire and Police Commissioners of the Village of Mount Prospect derives its power and authority from the Mayor and Board of Trustees of the Village of Mount Prospect acting pursuant to its home rule powers, particularly from but not limited to Chapter 5, Article III of the Mount Prospect Village Code; and WHEREAS, any amendment to the Board of Fire and Police Commissioners Rules and Regulations must be approved by the corporate authorities; and WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in the best interests of the Village to authorize an amendment to the Board of Fire and Police Commissioners Rules and Regulations, attached as Exhibit "A." NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, have reviewed and approve the amendment to the Rules and Regulations of the Board of Fire and Police Commissioners, attached as Exhibit "A" and made part of this resolution. SECTION TWO: 'That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Filippone, Gens, Matuszak, Pissarreck, Rogers, Saccotelli NAYS: Non e ABSENT: None PASSED and APPROVED this 17th day of May, 2022 ... .............www Paul Wm. Hoefe Mayor ATTEST; Karen Agoranos Village Clerk Section 4W Original Appointments, — Fire Department A. Exclusive Method of Appointment Original appointments to the Fire Department ("Fire Department') shall be made only as set forth in these Rules and Regulations. Bo Applications, General. 1, All applications required by this Chapter 2 shall be typed or hand Printed and signed by the applicant. Any applicant making false statements in any application shall be rejected by the Board. Further, the Board may, at any time, remove any person hired to a position in the Department upon learning that false statements have been made or that material facts have been misrepresented or omitted. An applicant must notify the Board, in writing, of any change in status from the time the application is submitted until appointment. Notice of matters involving testing or appointment may be made by regular mail or e-mail. If an applicant does not duly respond to the notice, that applicant may be eliminated from further consideration. 2. Defective applications shall be returned to the applicant for correction, provided the applicant is not otherwise disqualified for the position sought. The corrected application must be received by the Board no later than five (5) business days after notification of minor application errors. Corrected applications submitted more than 5 business days after notification of minor application errors shall not be accepted. All applicants shall complete an application, which may be obtained from the Fire Department, other remote locations, or downloaded from the Village website. The filing of such application shall be a verification that the applicant possesses the qualifications for the position and is not disqualified as set forth in (D) below. The applicant shall file this application with the Board by the established deadline. D. Dis ualification The Board may, subject to the Americans with Disabilities Act, refuse to examine or, after examination, to certify as eligible, any applicant whom the Board reasonably determines: 1. to be incapable of performing the physical tasks required of the position to which the applicant seeks appointment, 521349,, ,1 2. to be a person who is currently misusing or abusing intoxicating beverages or prescription drugs, 3. to have been a user of any illegal drug or narcotic, other than Cannabis Sativa, as defined in Illinois Compiled Statutes Ch. 720, Sec. 570 et seq., and not legally prescribed by a physician within the past three years; 4. to have been a user of Cannabis Sativa in the past twelve (12) months; 5, to be addicted to the use of intoxicating beverages or drugs and not in a certified program of recovery or be able to prove a current status of recovery from the addiction; 6. to be a habitual gambler; 7, to have been found guilty of a felony or any of the following misdemeanors: The following references are to Illinois Compiled Statutes, Ch. 720, and shall include any similar offenses as defined by other jurisdictions. a. criminal sexual abuse as defined in Section 11-1.50; b. indecent solicitation as defined in Section 11-6; C. public indecency as defined in Section 11-9; d. prostitution as defined in Section 11-14; e. promoting prostitution as defined in Section 11-14.3; f. soliciting a prostitute as defined in Section 11-15; g. keeping a place of prostitution as defined in Section 11-17; h. patronizing a prostitute as defined in Section 11-18; pimping as defined in Section 11-19; j. public indecency as defined in Section 11-30; k. adultery as defined in Section 11-35; I. aggravated assault as defined in Section 12-2; M. intimidation as defined in Section 12-6, n. eavesdropping as defined in Section 14-4; o. theft as defined in Section 16-1; p. retail theft as defined in Article 16A; q. deceptive practices as defined in Article 17; r. unlawful use of weapons, as defined in Section 24-1(a) (1), (6) and (8); S. unlawful sale of firearms as defined in Section 24-3; t. unlawful possession of firearms and ammunition as defined in Section 24-3.1, U. defacing firearm identification marks as defined in Section 521349...1 24-5; V. mob action as defined in Section 25-1; W. keeping a gambling place as defined in Section 28-3; X. bribery as defined in Article 29- y. resisting or obstructing a peace officer as defined in Section 31 -1;z. obstructing justice as defined in Section 31-4, aa. escape or failure to report for periodic incarceration as defined in Section 31-6; bb. aiding escape as defined in Section 31-7; cc. interference with judicial proceedings as defined in Section 32-1, -2, -3, -4, -8; dd. battery as defined in Section 5/12-3; and ee. domestic battery as defined in Section 5/12-3.2. 8. to have been dismissed for cause, from any public service position; 9, to have character or employment references which are deemed to be unsatisfactory; 10, to have failed to satisfy any step in the test process including, whenever applicable, failure to attend a Mandatory Applicant Orientation meeting; 11to have failed to fulfill any of the requirements for applicants which are set forth in these Rules and Regulations, 12, to not possess a valid driver's license at any stage of the selection procedure. 13. to, in the reasonable opinion of the Board, be otherwise unqualified for service in the Fire Department; 14. to have been dishonorably discharged from military service; 15. to have knowingly received test information in advance of an examination. Any disqualified applicant shall be notified by the Board of such disqualification. The applicant may request in writing that the Board review its decision to disqualify stating the reasons why such review is appropriate. The Board need not conduct a hearing on such request, but shall respond, in writing, within a reasonable time. All applicants must be between the ages of twenty (20) and thirty-five (35) years old at the time of application deadline. All applicants must be twenty-one (21) years old to be hired. If an applicant is not yet twenty-one (21) years old at the time a conditional offer would otherwise be made to the applicant, they will not be given a conditional offer, but shall remain on the eligibility register until the next opening. No person who is 35 years of age or older shall be eligible to take an examination for a position as a firefighter except as provided in this Section E. 2. The maximum age limitation shall not apply to any person previously employed as a full time firefighter in a regularly constituted fire department of (i) any municipality or fire protection district located in Illinois, (ii) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Illinois Fire Protection District Act, or (iii) a municipality whose obligations were taken over by a fire protection district; or to any person who has served a municipality as a regularly enrolled volunteer, paid -on-call, or part-time firefighter for five (5) years immediately preceding the time that municipality begins to use full time firefighters to provide all or part of its fire protection service. 3. If a person is placed on an eligibility register and becomes over age before he or she is appointed to the Fire Department, the person remains eligible for appointment until the register has expired, but not more than two (2) years from the date that the Final Eligibility Register was established. Otherwise, no person who has attained the age of thirty-five (35) years shall be inducted as a member of the Fire Department. 4. Any person who turned thirty-five (35) years of age while serving as a member of the active or reserve components of any of the branches of the Armed Forces of the United States or the National Guard of any state, whose service was characterized as honorable or under honorable, if separated from the military and is currently under the age of forty (40) shall be eligible for appointment as a member of the Fire Department. F. Education Applicants for original appointment to the Fire Department must possess a high school diploma or its equivalent as recognized by the State of Illinois. 521349A11 Section 5: Examinations — Original Appointments — Fire Department A. Release of Liability All applicants shall execute and deliver to the Board, a release in favor of the Village of Mount Prospect, and each of its officers, agents and employees, relative to all liability, loss, damage or expense that may arise as a result of or in connection with the applicant's participation in the examination procedure. The release shall be in a form prescribed by the Board. B. Notice of Examination Examinations shall be held on the dates fixed by the Board. Notice of the time, place, general scope, merit criteria for any subjective component, and fee of every examination shall be given by the Board by a publication at least 2 weeks preceding the examination: (i) in one or more newspapers published in the Village, or if no newspaper is published therein, then in one or more newspapers with a general circulation within the Village; or (ii) on the Village's internet website. Additional notice of an examination may be given by the Board. 2. Examinations may be postponed, however, by order of the Board or its designee. The order shall state the reason for such postponement and shall designate a new date for the examination. Applicants shall be notified of the postponement of any examination and of the new date fixed for the examination. 3. Unless otherwise specifically provided, any notice required by this Chapter may be by personal service, U.S. regular mail, or email. C. Examinations The Board shall call for examinations to fill existing or prospective vacancies in the Fire Department. The Board shall determine.- The etermine: The time and place where such examination will be held. 2. The location where applications may be obtained and the date by which applications must be returned to the Board. 521349 1 3. The position to be filled from the resulting eligibility register. D. Phases of Examinations/Evaluations All applicants for original appointment as Officers in the Fire Department shall participate in the following examination phases (a failure on any phase designated as pass/fail shall disqualify the applicant from consideration). The order in which the various phases shall be given will be established by the Board prior to the commencement of testing. Any phase for which a passing score is not established or which is not designated as pass/fail, may be applied by the Board in any manner which it, in its sole discretion, deems appropriate. Ph sical A titude Test a. Applicants are required to undergo an examination of their physical ability to perform the essential functions included in the duties they may be called upon to perform as a member of a fire department. Such examination shall consist of the Candidate Physical Ability Test (CPAT) and the ladder climbing component. Applicants must provide proof of current and valid CPAT and ladder climbing component cards by the time the Final Eligibility Register is posted. Failure to provide such proof will eliminate the applicant from further consideration. Any costs associated with the CPAT certification and ladder climbing component will be at the expense of the applicants. 2. Written Examinations a. Property of Board. All examination papers shall be and remain the property of the Board. b. Outside Vendor. The Board may select an outside vendor to develop, administer and grade the written test. In such an instance the vendor shall consult with the Fire Chief. Final approval of the written test shall rest with the Board. 3. Subiective Com onent: a. The written examination shall be supplemented by a subjective component which will test the capacity to discharge the duties performed by members of the Fire Department, such as job related skills and behavioral characteristics. 521349,,,,1 b. Outside Vendor. The Board may select an outside vendor to develop, administer and grade this component. In such an instance the vendor shall consult with the Fire Chief. Final approval shall rest with the Board. 4. Grading of Examinations The grading of the written test and the subjective component shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. 5. 'Background Investigation a. Each applicant shall submit to fingerprinting and photographing by the Police Department. The applicant shall provide a signed waiver for access to such records as may be required by the Board to conduct a thorough background investigation in order to determine the applicant's eligibility for appointment. b. The background investigation may consist of a number of elements, including, but not limited to, a background interview conducted by a designated investigator; relevant credit, reference, criminal history and employer checks; and a panel interview with department members. c. The background investigation shall also include an oral examination taken on a pass/fail basis. The oral examination shall be conducted after the Final Eligibility Register has been posted. 6. Pol ra h Examination After a conditional offer of employment, each applicant shall be required to submit to a polygraph examination. The examination shall be conducted by a testing service, licensed by the State of Illinois, and selected by the Board. The Board shall have the sole authority to determine whether or not the results of the Polygraph Examination disqualify an applicant from employment by the Fire Department. 7. Psychological Evaluation After a conditional offer of employment, each applicant shall submit to a psychological evaluation by a clinical psychologist selected by the Board and licensed by the State 521344_1 of Illinois. The psychologist conducting the evaluation shall have received training to understand the specific needs of the Fire Department. The Board shall have the sole authority to determine whether or not the results of the Psychological Evaluation disqualify an applicant from employment by the Fire Department. & Medical Examination After a conditional offer of employment, each applicant shall be required to submit to a medical examination by a licensed physician appointed by the Board. The Board shall have the sole authority to determine whether or not the results of the Medical Examination disqualify an applicant from employment by the Fire Department. 9. Other Evaluations Applicants may be required to submit to other evaluations which relate to the performance of public service positions, E. Preliminary Eligibility Register/Initial Eligibility List Register 1. The Board will prepare a Preliminary Eligibility Register and an Initial Eligibility Register of the candidates as follows: a. The Preliminary Eligibility Register will include those candidates who have scored at or above 70% on the written examination, and provided proof of completion of the Physical Aptitude Test as provided in Section 4. D(1). b. The Initial Eligibility Register will include those candidates on the Preliminary Eligibility Register upon completion of the Subjective Component. Such Register shall be prepared to combine the scores, as follows: i) The Written Examination score shall be weighted 60% and the Subjective Component score shall be weighted 40%. The process of creating composite scores shall consist of the following steps: (a) The Written Examination and Subjective Component scores will each be converted to standardized scores (z -scores); (b) The standardized scores will be combined into a single score according to the weights previously described, 521349 11 (c) The composite z -score will then be converted to a scaled score (t -scare) on a 100 point scale; and (d) A register shall be created in rank order based upon the resulting scaled scores. c. The Registers shall be posted not more than sixty (60) days after the last such examinations. d. A dated copy of the Initial Eligibility Register shall be sent to each candidate on such Register. F. Preference Points 1. Available Points a. Veteran preference. Persons who were engaged in the military service of the United States for a period of at least one year of active duty and who were honorably discharged therefrom, or who are now or have been members on inactive or reserve duty in such military service, shall be preferred for appointment to and employment with the Fire Department of an affected department. Five (5) points shall be added to such a candidate's Initial Eligibility Register score. b. Educational! preference. Persons who have successfully obtained an associate's degree in the field of fire service or emergency medical services, or a bachelor's degree from an accredited college or university shall be preferred for appointment to and employment with the Fire Department. Five (5) points shall be added to such a candidate's Initial Eligibility Register score. C. Paramedic preference. Persons who have obtained certification by the State of Illinois or the National Registry as an Emergency Medical Technician Paramedic (EMT P) shall be preferred for appointment to and employment with the Fire Department of an affected department providing emergency medical services. Five (5) points shall be added to such a candidate's Initial Eligibility Register score. 521349_ 1 d. EMT preference. Persons who have obtained certification by the State of Illinois or the National Registry as an Emergency Medical Technician Basic (EMT B) shall be preferred for appointment to and employment with the Fire Department. Two (2) points shall be added to such a candidate's Initial Eligibility Register score. e. Experience preference. (i) All persons employed by a municipality who have been paid on call or part time certified Firefighter Basic (Firefighter II), State of Illinois or nationally licensed EMT B or EMT I, or any combination of those capacities shall be awarded 0.5 point for each year of successful service in one or more of those capacities, up to a maximum of 5 points. Certified Firefighter Advanced (Firefighter III) and State of Illinois or nationally licensed paramedics shall be awarded one point per year up to a maximum of 5 points. (ii) Applicants from outside the municipality who were employed as full time firefighters or firefighter paramedics by a fire protection district or another municipality for at least 2 years shall be awarded 5 experience preference points. (iii) Applicants, who were engaged in active service with the Mount Prospect Fire Department as a Paid -On -Call Firefighter for a minimum of three (3) years, shall be awarded five (5) points. In the event that a candidate is eligible for points under subsection (i) and this subsection (iii), the total number of cumulative points shall not exceed five (5). (iv) A candidate may not receive the full amount of experience preference points if the amount of points awarded would place the candidate before a veteran on the Final Eligibility Register. If more than one candidate receiving experience preference points is prevented from receiving all of their points due to not being allowed to pass a veteran, the candidates shall S21349_1 1 be placed on the Register below the veteran in rank order based on the totals received if all points under this subsection were to be awarded. Any remaining ties on the Register shall be determined by lot. Residencv Dreference. Applicants whose principal residence at the time of filing the application is located within the Fire Department's jurisdiction shall be preferred for appointment to and employment with the Fire Department. One (1) point shall be added to such a candidate's Initial Eligibility Register score. g. Fluency in Second Language preference. Applicants must be able to demonstrate fluency in any language prevalent in the Mount Prospect Fire Department Service area, other than English, as determined by the most recent U.S. Census Bureau statistics. Fluency shall mean a clearly demonstrated ability to read, speak and understand the language. The Board shall be the sole judge of whether a language is prevalent in the Mount Prospect Service Area and whether fluency has been clearly demonstrated. The Board may retain a testing agency to advise as to specific language prevalence and for standards and evaluation of fluency. Two (2) points shall be added to such a candidate's Initial Eligibility Register score. Preference points shall be given only if a proper and valid claim for a preference has been made and only if the standards for such preference have been met under these Rules. Notwithstanding the preference points authorized under this Subsection 1, the Board may eliminate preference points, adopt different preference points or provide for preference points for other categories prior to announcement of any testing process, so long as statutory requirements are met. 2. Time and Method of Claiming Preference Points Each fire applicant eligible to claim preference points (identified in Section 4, F.1.) must submit his/her claim for that preference in writing to the Board within ten (10) days after the posting of the Initial Eligibility Register. Claims not made within that ten (10) day period shall be deemed waived. The applicant, at the time of submitting a claim for preference, must submit evidence of qualification for that preference. 521349 1 G. Final Elioibilitv Register The Chairperson will prepare a dated "Final Eligibility Register' which shall include those candidates on the Initial Eligibility Register and any claimed preference points. Approval of the Register by the Chairperson shall not require that a formal Board meeting be held. 2. A dated copy of the Final Eligibility Register shall be sent to each Candidate on such Register. K Final Eligibility Register — Original Appointments The Final Eligibility Register shall remain in effect for two (2) years or until exhausted. Testing shall occur every two (2) years or as determined by the Board. DORM - Declination Appointment a. The Board shall select for an original probationary appointment the candidate with the highest ranking on the Final Eligibility Register. b. If the Board has reason to believe that that candidate fails to meet the minimum standards for the position or that an alternate candidate would better serve the needs of the Department, then the Board may pass the highest ranked candidate and appoint either: (i) any candidate who has a ranking in the top 5% on the Final Eligibility Register, or (ii) any candidate who is among the top 5 highest candidates on the Final Eligibility Register if the number of candidates ranking in the top 5% is less than 5 candidates. 2. Declination Any candidate eligible for probationary appointment may, without removal from the Final Eligibility Register, on one occasion decline an appointment. A second declination or failure to accept shall result in automatic removal from the Eligibility Register, except if he/she is on active military duty. A candidate's removal from the Eligibility Register upon a second declination shall not prejudice the candidate's opportunities to participate in future examinations, including an examination held during the time a candidate is already on the Eligibility Register. 521349_1 Jung N.. � Each Firefighter appointee shall be on probationary status for a period of one (1) year from the date of the appointee begins employment with the Fire Department as a Firefighter. The Board may extend the probationary period for a Firefighter appointee who is required, as a condition of employment, to be a certified paramedic, during which time the sole reason that a firefighter may be discharged without a hearing shall be for failing to meet the requirements for paramedic certification. 2. The probationary term shall exclude periods of training, or injury or illness leaves, including duty related leave, in excess of 30 cumulative calendar days. K. Completion of Training Program for Probationaa Employees Any probationary Firefighter who, during the initial one (1) year term of the probationary period or any extension of that period: (1) has not successfully completed the Office of the State Fire Marshal, Division of Personnel Standards and Education, approved Certified Basic Firefighter Course or Firefighter II Course, (2) does not have a valid Illinois state drive's license or the equivalent from another state; and (3) has not successfully completed the requirements for paramedic certification, i.e., licensure as a paramedic by the Illinois Department of Public Health and certification by the local EMS system, shall be dismissed from service. L. Discharge of Probationa Members A probationary member may be discharged by the Chief of the Fire Department. The Chief shall notify the Board of the discharge. M„ Completion of Probationaty Period Full -Time Non-Probationa Certification Upon the successful completion of any probationary period, the Board shall place the member of the Department on a record of full time non -probationary employees maintained by the Board (Certified Record). N, Emergency Appointments 521344µ,w1 The Board, upon order of the Corporate Authorities, may make such temporary appointments as it shall deem necessary to prevent a stoppage of public business, to meet extraordinary circumstances, or to prevent material impairment of the fire department, with such temporary appointments to remain in force only until regular appointments are made, but never to exceed sixty (60) days. No temporary appointment of any one person shall be made more than twice in any calendar year. O. Oath of Office Prior to commencing duty, an applicant shall take such oath as is prescribed by the Village Code. The oath shall be administered by a member of the Board of Fire and Police Commissioners or the Village Clerk. 521349, ,,1 CHAPTER 3: PROMOTIONS Section 1: Promotion Procedures Common to Police and Fire. A. Establishment of Examinations for Police Department and Fire De artment Except for promotions to the Supervisory Ranks set forth in Chapter 4 of the Village Code, the Board will be responsible for all promotions in the Fire and Police Department according to the standards set forth in this chapter. All examinations and assessments for promotion shall be competitive among such eligible officers as desire to submit themselves to the process. In the event that the Board determines that no police officer or firefighter participating in the examination and assessment process is qualified for promotion under these standards, or in the event, that no officer or firefighter elects to participate in the promotional process then the Board shall have the option of inviting participation by Mount Prospect probationary officers and firefighters and otherwise qualified police officers or firefighters outside of the Mount Prospect Fire Department or Police Department. If such a process does not yield a qualified candidate, the Board may then, in its sole discretion and without amending these Rules and Regulations, establish such standards for examination as it deems appropriate. All candidates for the position shall be subject to the pertinent application and disqualification restrictions provided for original appointments in Chapter 2. B. Notice of Examination for Police Department and Fire Department The Board shall set the first and last dates for the giving of the promotional examination. If the examination is open to the general public, the date for the opening of the examination process shall be published according to State law. If the examination process is not open to the general public, notice shall be posted in three conspicuous places in the appropriate department. If for scheduling purposes, the Board requires candidates to file an application for the taking of the exam, the notice shall so state and give the final date for the filing of the application. Examinations may be postponed by order of the Board, in which event, the order shall state the reason for the postponement and shall designate a new date for conducting the examination. All candidates shall be notified by regular mail or e-mail of a postponement and of the new date fixed for the examination. C. Review A candidate may request a review of any phase of the promotional process which he or she believes to be unfair, discriminatory or inaccurately reported or graded. Failure to file a request for review within 521349,,,_1 fourteen (14) days of the posting of the List pursuant to Section 11 of this Chapter will cause the candidate to become ineligible to participate in a review process. A request for review shall not interfere with or delay an ongoing promotional process except by an affirmative vote of not less than sixty-five percent (65%) of the members of the Board. The written request for review must be delivered to the Secretary of the Board or his or her designated representative and must plainly state: The phase of the promotional process for which review is being sought. 2. The reason(s) for the request for review. Reviews will be conducted at the Board's next meeting at which a quorum is present. The Board shall issue a written response or may conduct such further investigations as it deems appropriate. However, all reviews shall be disposed of within one hundred and twenty (120) days of the original date of the filing of the request for review. Section 2: Police. Promotions within the Police Department shall be accomplished in the following order and in accordance with the standards set forth in this Chapter. All pre-screening examinations for promotion shall be competitive among such officers of the Police Department who shall have completed one (1) full year of service after being placed on the Certified Record prior to the date on which the pre-screening examination is commenced. Content of Examinations The subject matter of examinations shall be such as will in the Board's determination fairly test the capacity of the candidate to discharge the duties of the position to which the candidate seeks promotion. 2. - Criteria and Scorin The criteria for the pre-screening examination shall be selected by the Chief of Police under the direction of and subject to the approval of the Board. Thirty percent (30%) of the total points available shall be attributable to a departmental merit and efficiency 521349J rating based on the candidate's past performance with the Department. 3, No Merit Rating if Open to General Public In the event the Board deems it necessary to extend the examination process to the general public, there shall be no consideration given to departmental merit and efficiency for any candidate. C. Assessment Center 1. Eligible to Proceed. Those individuals in the pre-screening process who both (1) achieve a minimum score of seventy (70); and (2) rank in the top eight (8), shall be considered finalists for promotion and be eligible to participate in an Assessment Center. If fewer than eight (8) achieve a minimum score of seventy (70), then only those achieving the minimum will be eligible. The foregoing notwithstanding, the Board may, if announced prior to the examination, permit up to twenty (20) persons achieving a minimum score of seventy (70) to advance to the Assessment Center. 2. Assessment Center Panel The Assessment Center shall consist of a panel of persons familiar with the requirements and problems of the position to be filled and having a demonstrated ability to assess individuals in light of those requirements and problems. The panel shall be subject to the approval of the Board. No member of the panel shall be an employee of the Village of Mount Prospect. 3. Assessment Center Process The Assessment Center process of examination shall enable the assessment panel to evaluate the candidate on the following criteria; a. Leadership ability b. Administrative skills C. Oral and written communication skills d. Ability to function satisfactorily in emergency situations; and e. Ability to supervise subordinates and to perform duties and functions in conformity with the established goals of the appropriate department. 521349 _1 4. Use of Assessment Center Panel Report and Selection of Candidate to Position a. The Assessment Center Panel shall complete a report for the Board and Chief of Police indicating the strengths and weaknesses of each candidate based on that candidate's performance in the Assessment Center. After completion of the Assessment Center and a review of the report of the Assessment Center Panel, the Board shall eliminate any remaining candidate who is believed to be unqualified and shall certify a List of qualified candidates to the Police Chief. The Board may, upon prior written request of the Police Chief and in its sole discretion, use the score from the pre-screening examination as a determinant of ranking, in addition to the Assessment Center report. Such use of the pre-screening examination must be announced prior to the commencement of the promotional process. Otherwise, candidates on the List shall be ranked according to their performance in the Assessment Center. b. Selection of Police Candidate. The Police Chief shall then select the candidate to be promoted from the top four (4) names on the qualified List. If more than one (1) opening is to be filled at the same time, the Chief may choose from a number of the candidates at the top of the List that is three (3) more than the number to be chosen. (Example: If three (3) candidates are to be chosen, the Chief may choose from the top six (6) names, if six (6) are to be chosen, the Chief may choose from the top nine (9) names). D. Probationa Period Any Police candidate promoted by virtue of this Chapter shall be classified as on probationary status for a period of one (1) year following his/her promotion. The probationary period will terminate automatically at the expiration of the one (1) year period unless the Police Chief certifies to the Board that the probationary sergeant has not performed his or her duties satisfactorily during that period. In that event, the probationary sergeant shall be returned to his or her prior rank using the same procedure as set forth in Chapter 2, Section 2(L) for the dismissal of original appointment probationary officers. E. List of Qualified Candidates The list of qualified candidates as certified by the Board shall be posted by the Police Chief and shall be valid for future selection to the position for the period of three (3) years from the date of posting. 521349.,,1 Section 3: Fire All examinations for promotion shall be competitive among such officers of the Fire Department who shall have completed seven (7) full years of service. Fire officer promotional candidates shall, as of the first date in the pre-screening process, have successfully completed all of the Office of the State Fire Marshal (OSFM) Fire Officer I course work to be eligible to participate in the promotional examination. B. Content of Examinations The subject matter of examinations shall be such as will in the Board's determination fairly test the capacity of the candidate to discharge the duties of the position to which the candidate seeks promotion. Thirty-five percent (35%) of the total points available shall be attributable to a departmental merit and efficiency rating based on the candidate's past performance with the Department. C. Assessment Center The candidates shall submit to an Assessment as set forth below: Assessment Center Panel The Assessment Center shall consist of a panel of persons familiar with the requirements and problems of the position to be filled and having a demonstrated ability to assess individuals in light of those requirements and problems. The panel shall be subject to the approval of the Board. No member of the panel shall be an employee of the Village of Mount Prospect. 2. Assessment Center Process The Assessment Center process of examination shall enable the assessment panel to evaluate the candidate on the following criteria: a. Leadership ability b. Administrative skills C. Oral and written communication skills d. Ability to function satisfactorily in emergency situations; and 521344 ,,,,1 e. Ability to supervise subordinates and to perform duties and functions in conformity with the established goals of the appropriate department. 3. Use of Assessment Center Panel lie ort and Selection of Candidate to Position The Assessment Center Panel shall complete a report for the Board and Fire Chief indicating the strengths and weaknesses of each candidate based on that candidate's performance in the Assessment Center. The scoring shall be done according to a system established by the Board at the time of announcement of the promotional examination. D. Preference Points. Every promotional candidate for the fire department who was engaged in a military or naval service of the United States at any time for a period of one year and who was honorably discharged shall be preferred for promotional appointment by receiving 7/10ths of one point for each six months or fraction thereof, of military or naval service not exceeding thirty months. This preference shall not apply to persons who were convicted by court-martial of disobedience of orders where such disobedience consisted in the refusal to perform military service on the ground of alleged religious or conscientious objections against war. No person shall receive the preference for a promotional appointment after he or she has received one promotion from an eligibility list on which he or she was allowed such preference. E. Final Score. The final score shall be determined by a weighted formula based on the current Collective Bargaining Agreement. F. List of Qualified Candidates. The List of qualified candidates as certified by the Board shall be posted by the Chief and shall be valid for future selection to the position for the period of three (3) years from the date of posting. The Board shall make the appointments solely according to their rank on this List. G. Fire Lieutenant Promotions Notwithstanding anything to the contrary contained within this Chapter, promotions to the position of Fire Lieutenant shall be conducted in accordance with the terms and conditions as specified within Article XIII of the collective bargaining agreement by and between the Village of Mount Prospect, Illinois and the Mount Prospect Firefighters Union, Local #4119, 52 ] 349a, ,] I.A. F. F., AFL-CIO, currently effective through December 31, 2011, or as subsequently amended thereafter. CHAPTER 4: CHARGES HEARING OF CHARGES REMOVALS SUSPENSIONS AND DISCHARGES Section 1; Suspension of Not More than Five 5 Days The Chief of the Fire or Police Department shall have the right to suspend any officer under his/her command for a period not to exceed the equivalent of five (5) eight (8) hour work days, provided that no charge for the same offense has been filed and is pending before the Board. Nothing outside of this Chapter 4, Section 1 shall affect the Chiefs right to order such a suspension. Any suspension by the Chief under this Section shall be reported to the Board within seventy-two (72) hours after giving notice of the suspension to the officer. Section 2: Appeal Process. Any officer so suspended may appeal to the Board for a review of the Chief's suspension order within five (5) days after receiving written notice of the suspension. This must be done by filing written notice of such appeal with the Chairperson of the Board. The Board shall then meet to discuss and determine the disposition of the appeal. The Board may, in its sole discretion, request information or testimony from the appealing officer to aid in its determination of the appropriate disposition. If any evidence or testimony is taken, the burden of proof shall be on the officer to establish that the Chief was not justified in ordering the suspension. Upon such an appeal by the officer, the Board may sustain the action of the Fire or Police Chief, may reverse it with instructions that the suspended officer receive his/her pay for the period involved, may suspend the officer for an additional period of time of not more than thirty (30) days or discharge him/her, depending on its consideration of the issues. Section 3: r .- Demotion or Suspensionof Mthai.E�l ore D. Except as set forth in Section 1 of this Chapter 4, no non -probationary, sworn member of the Fire or Police Department shall be suspended, demoted or discharged except upon written charges and after an opportunity to be heard in his/her own defense. The hearings shall be governed by the Village Code and this Chapter 4. Charges shall be made in writing to any member of the Board by the Fire or Police Chief, the Village Manager or the Village President. The charges shall then be filed with the Secretary of the Board. 521349 1 Section 4: Pre -Hearing Suspension After charges have been filed but prior to the hearing, the Board on its own motion or on motion of the Police or Fire Chief may suspend without pay the person against whom the charges have been preferred for a period not to exceed thirty (30) days. If the Board determines after the hearing that the charges are not sustained, that person shall be reimbursed for all pay withheld. If the officer requests a continuance of the hearing beyond thirty (30) days, Section 7(E) of this Chapter 4 shall apply. Upon a finding of guilty of the written charge(s), the Board may suspend the officer for a period not to exceed thirty (30) days without pay, remove him/her from office or discharge him/her. Section 6: Demotions A. Any Police Sergeant or Fire Lieutenant who was promoted to that rank by the Board may also be demoted by the Board. Such demotion may be made only upon the written request of the Fire or Police Chief. The request shall clearly set forth the reasons for the demotion. The officer shall be notified in writing, by registered mail or personal service, of such determination and shall be requested to appear before the Board at a specified time and place for a hearing relative to the demotion. The time for the hearing shall be set by the Board within thirty (30) days of the time of the filing of the report with the Board. The officer shall be given an opportunity to be heard in his/her own defense at the hearing. Such demotion shall be made only after the Board has found that the officer is deficient in the performance of his or her duties in any one or more of the following areas: Leadership ability. Z Administrative skills. 3. Communication skills. 4. Ability to function in a satisfactory manner in an emergency. 5. Ability to supervise subordinates. 521349_,1 & Ability to perform duties and functions in conformance with the established goals of the Department. B. Any Fire Lieutenant or Police Sergeant may request and/or consent to a demotion to a lower rank subject, however, to the concurrence of the Board. Section 7: Hearing Procedures A. "Counsel" means one who is an attorney in good standing in the State of Illinois. However, the Board may, upon petition by a party appearing before it, permit an attorney licensed in another state to represent that party. B, The right to determine that "cause" exists in a particular case is vested solely with the Board. C, The complainant initiating any proceeding, which provides for a hearing before the Board has the burden of proof to establish that cause does exist by a "preponderance of the evidence." Even if the question of a crime is involved, the standard of "beyond a reasonable doubt' shall not be applied in the hearing before the Board. D. The phrase "preponderance of evidence" is defined as the greater weight of the evidence. It rests with that evidence which, when fairly considered, produces the stronger impression, has a greater weight and is more convincing as to its truth when weighed against the evidence produced in opposition. E. All hearings shall be in compliance with the Illinois Open Meetings Act. This requirement recognizes that certain personnel matters may be undertaken in closed session. F. At the time and place of hearing, each party may be represented by counsel if that party so desires. & All disciplinary hearings before the Board shall be recorded by a Certified Stenographic Reporter to be employed by the Board. H. The records of all hearings will not be transcribed by the reporter unless requested by the Board or a party before the Board. Any party requesting a transcript shall pay the cost of the transcript. All witnesses shall be placed under oath prior to testifying. 521349 1 J. The Board will first hear witnesses testifying in substantiation of the charges against the respondent. The respondent may then present and examine those witnesses testifying in substantiation of his or her position. All parties shall have the right to cross-examine witnesses presented by the opposing party. K. The matter will be decided by the Board solely on the evidence presented at the hearings. L. A request to the Board for a rehearing, reconsideration, modification, vacation or alteration of a decision of the Board may be permitted only upon unanimous consent of the Board and only if requested within five (5) days of the filing of the decision. Section 8: Pre -Hearing Procedure All charges shall be made in a written complaint. The complaint shall be filed with the Board as specified in Section 2 and shall contain a plain and concise statement of the facts upon which the complaint is brought and the rules, laws, regulations or policies which are alleged to have been violated. Upon the filing of a complaint, the following action shall be taken by the Board: The accused shall be notified in writing by registered mail or personal service of the charges and of a specified time and place to appear before the Board for a hearing on those charges. If after making all reasonable efforts to serve notice of the charges on the officer, such service has not been accomplished, the Board shall make a record of its efforts and may proceed with the hearing in the absence of the officer. 2. There shall be a minimum of five (5) days between the time at which the accused was notified of the hearing and the commencement of the hearing. 4 The complainant and/or the respondent may, at any time before the hearing, make written application to the Board for a subpoena to secure the appearance and testimony of any individual or to have 521349.1 him/her produce books, papers, records, accounts and other documents as may be deemed by the Board to be relevant to the hearing. On the filing of such application, a subpoena will be issued for any named person. An application for subpoena should contain the names and addresses of the individuals to be subpoenaed and the identity of any documents which the person is to produce. A subpoena will not be issued for anyone residing outside of the State of Illinois. Such a subpoena shall be enforceable in the Circuit Court of Cook County, Illinois. The Board may issue subpoenas sua sponte and may require that any application for subpoena be filed less than thirty (30) days prior to the hearing. D. Continuances The matter of granting or refusing to grant a continuance is within the discretion of the Board. No hearing shall be continued at the request of any of the parties to a proceeding unless the request is received in writing by the Board at least three (3) days before the scheduled hearing date. In the event any officer, who has been suspended pending the hearing, desires a continuance, the Board may require the officer to stipulate that if the officer is found guilty of the charges, but is retained as an officer after the hearing, no compensation shall accrue to the officer for the period of the continuance. Additionally, if the suspension is without pay, the continuance shall be granted upon the condition that the accused officer agree that no claim for compensation shall be made for the period of the continuance. E. Continuance Because of Inability to Serve Subpoenas Any request for continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least three (3) days before the date set for the hearing. However, the Board in its discretion may waive this rule. Parties may, on their own behalf or by counsel, stipulate and agree in writing or on the record to any facts material to the charges or to a finding of guilty. The facts so stipulated shall be considered as evidence in the proceeding. 521349. 1 Any motion objecting to the sufficiency of the charges must be filed in writing not less than forty-eight (48) hours prior to the commencement of the hearing. H. Service All papers, required to be served by these Rules and Regulations, shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed with postage prepaid to the designated party at his or her last known residence as reflected by the complaint filed with the Board. Proof of service of any paper may be made by certification of any person that the paper was delivered to the designated party personally or by filing a signed return receipt showing that a paper was mailed by either registered or certified mail, return receipt requested, to a party's last known address. All papers may be filed with the Board by mailing or delivering them personally to the Secretary of the Board or by delivering them to the Village Clerk at the Village Hall. For purposes of these Rules and Regulations, the filing date of any papers filed with the Board shall be the date it was actually received by the person specified in these Rules and Regulations. . .. All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the paper only. 2. If typewritten, the lines shall be double spaced except that long quotations may be single spaced and indented. 1 All papers shall not be larger than "8-1/2 wide by 11 long" and shall have inside margins of not less than one inch. 4. The original of all papers filed shall be signed in ink by the party filing the paper or by his or her attorney. 5. If papers are filed by an attorney, they must include the attorney's name and address and telephone number. 521349_1 The time within which any act under these rules is to be done shall be computed by excluding the first day and including the last. If the last day is a Sunday or holiday, as defined or fixed in any statute now or hereafter enforced in this state, that day shall also be excluded. L. Date of Hearing The date which the Board sets for hearing on the charges shall be within thirty (30) days of the time of the filing of the charges. • • • • w+•� The Board shall, within fifteen (15) days after the hearing is completed, enter its written findings and order on the records of the Board and notify the parties. The findings and decision of the Board following a hearing of charges shall be preserved by the Secretary. Notice of the findings and decision shall be sent to the officer involved and the department head for enforcement. If the decision is that the officer is guilty of the charge(s) and discharge is ordered, the discharge shall be effective immediately. 521349 1 CHAPTER5: GENERAL Section 1: Rules All officers shall be governed by these Rules and Regulations and the Rules and Regulations of their respective department. Any conflict between these Rules and Regulations and those of the respective departments shall be resolved by the application of these Rules and Regulations. Each rule passed by the Board and each section is an independent rule. The holding of any rule or section to be void, invalid, or ineffective for any reason does not affect the validity of any other rule or section. Section 2: Additional Powers of the Board The Board shall have such other powers and duties as are given it by the Corporate Authorities. Section 3: Violation of Rules or Laws Any violation of the laws of any municipality or state, or federal law, or of these Rules and Regulations, or the rules, regulations or other orders of the respective Fire or Police Department, by any officer shall be cause, among other things, for the filing of charges against the officer, and for the taking of disciplinary action. All final administrative decisions of the Board may be reviewed pursuant to Administrative Review as adopted by the Illinois Compiled Statutes. This shall be the sole means of securing judicial review of the Board's decision. Section 5: Leave of Absence. Leaves of absence shall be granted by reason of military service or temporary duty -related disability approved by the appropriate Pension Board, as required in Ch. 65, Sec. 10-2.1-23 ILCS, or as may otherwise be required by state or federal regulation. Section 6. Political Contributions No officer shall be under any obligation to contribute to any fund or to render any political service. No officer shall be discharged or otherwise prejudiced for refusing to do so. No officer shall discharge or demote or in 521349 _1 any manner change the official rank or compensation of any other person for withholding or refusing to pay any contribution of money or service or any other valuable thing for any political purpose. No officer shall in any other manner directly or indirectly use his or her official authority or influence to compel or induce any other person to pay or render any political assessment, subscription, contribution or service. Section 7: Political Activities No officer shall use his or her official authority or position to coerce or influence the political action of any person or body or to interfere with any election. This shall not prevent the officer from expressing a political opinion, so long as the expression is not detrimental to the efficiency and discipline of the department. While on duty, no officer may take part in any political campaign, solicit funds or signatures for any political purpose, act as a worker at the polls, or distribute badges, color or indicia favoring or opposing a candidate for election or nomination to a public office. Section 8: Retirement The age for retirement of all full time sworn members of the Fire and Police Department is sixty-five {65} years. Section 9: Effect These Rules and Regulations dated, 2L22. � . supersede previously iss and replace all Rules and Regulations ued by the Board. These Rules and Regulations shall be in full force and effect after being duly adopted and published. DATE: 22 - Village President IV illa of Mount Prospect Village Clerk 521349_1