HomeMy WebLinkAboutOrd 4318 06/04/1991 ORDINANCE NO. 4318
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
the 4th day of June , 1991
Published in pamphlet formby
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
4th day of June , 1991.
ORDINANCE NO. 4318
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois, acting in the
exercise of their home rule power;
SECTION 1: That Chapter 5 of the Mount Prospect Village
Code be amended by adding a new Section 5.702A, Authority, to be
placed between Sections 5.702 and 5.703 and said new Section to
be and read as follows:
"Sec. 5.702A. Authority.
The Board of Fire and Police Commissioners derives
its authority generally from the home rule power
of the President and Board of Trustees of the
Village of Mount Prospect pursuant to this Article
VII. That grant of authority includes all powers
set forth in Sections 10-2.1-4 through 10-2.1-30
of Chapter 24 of the Illinois Revised Statutes and
all powers in this Article VII or any other
enactment of the President and Board of Trustees
of the Village of Mount Prospect."
SECTION 2: That Chapter 5, Section 5-704 of the Mount
Prospect Village Code be amended by deleting the opening
paragraph of Section 5-704 and inserting the following paragraph
in its stead, to be and read as follows:
"The Board shall make rules to carry out the
purpose of this Article, including but not limited
to appointments, promotions, demotions and removal
of officers."
SECTION 3: That Chapter 5 of the Mount Prospect Village
Code be amended by adding a new Section 5-707 which shall be and
read as follows:
ec. 5-707. Citizenship.
No person shall be appointed to a sworn position
in either the fire or police department unless
that person is a citizen of the United States of
America."
SECTION 4: That all ordinances and resolutions, or parts
thereof which are in conflict with the provisions of this
ordinance are, to the extent of such conflict, expressly
repealed.
SECTION 5: That this ordinance shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
PASSED: This 4th day of June , 1991.
AYES: 6 NAYS: 0 ABSENT: 0 PASS: 0
APPROVED by me this 4th day of June , 1991.
Village of Mount Prosp,~t
ATTESTED and FInD in the office of the Village Clerk this 4th
day of ~une , 1991.
Village Clerk
\~HGM\EMH2ORD-02
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RULES AND REGULATIONS
OF THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT PROSPECT
COUNTY OF COOK, STATE OF ILLINOIS
INDEX TO
RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE
COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT,
COUNTY OF COOK, STATE OF ILLINOIS
CHAPTER 1: ADMINISTRATION .............................. 1
Section 1: Source of Authority ..................... 1
Section 2: Definitions ......................... 1
Section 3: officers of the Board ............... 1
Section 4: Duties of the Board ................. 2
Section 5: Meetings ............................ 2
Section 6: Quorum ................. 2
Section 7: Order of ~i~~ .............. 3
Section 8: Rules of Procedure .................. 3
Section 9: Motions ............................. 3
Section 10: Amendments ............................ 3
Section 11: Annual Report and Budget ................ 3
CHAPTER 2: APPLICATIONS - ORIGINAL APPOINTMENTS ......... 3
Section 1: Exclusive Method of Appointment ......... 3
Section 2: Applications ............................ 4
Section 3: Filing of Applications .................. 4
Section 4: Disqualification ........................ 4
Section 5: Defective Applications .................. 6
Section 6: Physical Requirements ................... 6
Section 7: Age Requirements ........................ 6
Section 8: Education ............................... 7
CHAPTER 3: EXAMINATIONS - ORIGINAL APPOINTMENTS ......... 7
Section 1: Release of Liability .................... 7
Section 2: Notice of Examination ................... 7
Section 3: Phases of Examination ................... 7
Section 4: Additional Credits (Preference Points).. 10
Section 5: Final Score ............................. 11
Section 6: Eligibility Register - Original
Appointments .......................... 11
Section 7: Appointment of Probationary Members
From Eligibility Register; Age
Limitation Declination ................ 12
Section 8: Probationary Terms ...................... 13
Section 9: Completion of Training Program for
Probationary Employees; Possession
of Valid Illinois Drivers License ..... 13
Section 10: Discharge of Probationary Members ....... 14
Section 11: Completion of Probationary Period,
Full-Time Non-Probationary
Certification ......................... 14
Section 12: Emergency Appointments .................. 14
Section 13: Oath of Office .......................... 14
CHAPTER 4: EXAMINATIONS - PROMOTIONS .................... 15
Section 1: Summary of Procedures for Selecting
officers for Promotion ................ 15
Section 2: Establishment of Examinations ........... 15
Section 3: Notice of Examination ................... 15
Section 4: Eligibility for Participatiton in
Pre-Screening Examination ............. 16
Section 5: Pre-Screening Examinations .............. 16
Section 6: Candidates Eligible to Proceed to
Assessment Center ..................... 17
Section 7: Assessment Center Panel ................. 17
Section 8: Assessment Center Process ............... 17
Section 9: Selection of Candidate to Position ...... 17
Section 10: Probationary Period ..................... 18
Section 11: List of Qualified Candidates ............ 18
Section 12: Review .................................. 18
CHAPTER 5: CHARGES, HEARING OF CHARGES, REMOVALS,
SUSPENSIONS AND DISCHARGES .............. 19
Section 1: Charges ................................. 19
Section 2: Suspension by the Chief of the Fire
or Police Department .................. 19
Section 3: Pre-Hearing Suspension .................. 20
Section 4: Dispositions by the Board after Hearing. 20
Section 5: Demotions ............................... 20
Section 6: Hearing Procedures ...................... 21
Section 7: Pre-Hearing Procedures .................. 22
Section 8: Findings and Order ...................... 25
CHAPTER 6: GENERAL ...................................... 26
Section 1: Rules .................................. 26
Section 2: Additional Powers of the Board..'''''. 26
Section 3: Violation of Rules or Laws ............ 26
Section 4: Appeal and/or Review .................. 26
Section 5: Leave of Absence ...................... 26
Section 6: Political Contributions ............... 27
Section 7: Political Activities .................. 27
Section 8: Effect ................................ 27
RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE
COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT,
COUNTY OF COOK, STATE OF ILLINOIS
Adopted by the Board of Fire and Police Commissioners of the
Village of Mount Prospect, Cook County, Illinois
on June 4 , 1991, as amended.
CHAPTER 1: ADMINISTRATION
Section 1: Source of Authority.
The Board of Fire and Police Commissioners of the
Village of Mount Prospect derives its power and
authority from the President and Board of Trustees of
the Village of Mount Prospect acting pursuant to its
home rule powers, particularly from but not limited to
Chapter 15, Article VII of the Mount Prospect Village
Code.
Section 2: Definitions.
(a) The word "Board", whenever used, shall mean the
Board of Fire and Police Commissioners of the
Village of Mount Prospect.
(b) The word "officer" whenever used, shall mean any
individual holding a permanent office as a full
time sworn member of the Fire and Police
Departments of the Village of Mount Prospect as
described under the provisions of the Code of
Ordinances of the Village of Mount Prospect, Cook
County, Illinois, as amended. It shall include
probationary members, except when otherwise
specified.
(c) The masculine noun or pronoun shall include the
feminine, and the singular shall include the
plural.
(d) Any time reference is made to the Police or Fire
Chief, that term shall include any person duly
acting in place of the Police or Fire Chief.
Section 3: officers of the Board.
The Board shall annually, at its first meeting in May,
elect a chairperson and a secretary. The chairperson
and secretary shall hold office for one full year and
until their successors are duly elected and
qualified. The chairperson shall be the presiding
officer at all meetings. The secretary shall keep or
cause to be kept the minutes of all meetings of the
Board in a permanent record book and shall be the
custodian of all forms, papers, books, records and
completed examinations of the Board.
Section 4: Duties of the Board.
The Board shall, in accordance with these Rules and
Regulations, appoint all officers of the Fire and
Police Departments of the Village through and
including:
1. Police Department: Sergeant - Lieutenant
2. Fire Department: Lieutenant
All positions not indicated above shall, after the
effective date of these Rules and Regulations, be
exempt from the rules. The Board shall conduct
competitive examinations for original appointment and
promotion in accordance with these rules and
regulations and the Board shall conduct all required
hearings on charges of a disciplinary nature against an
officer.
Section 5: Meetinqs.
(a) Regular meetings shall be held on the second
Monday of each month, at 5:30 p.m. at a convenient
location in Mount Prospect as designated by the
Chairman.
(b) Special meetings may be held on the call of the
chairperson or any two Board members, and notice
of the date and time of said meeting shall be
filed in writing with the secretary of the Board
and signed by either the chairperson or any two
members thereof, and shall be given to each member
of the Board at least twenty-four (24) hours prior
to such meeting. The notice shall contain a brief
statement of the business to be submitted for
consideration by the Board at such special
meeting, and no other business shall be considered
at such meeting unless by unanimous consent of all
members of the Board.
Section 6: Quorum.
A majority of the then existing membership of the Board
shall constitute a quorum for the transaction of
business at any regular or special meeting.
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Section 7: Order of Business.
The order of business at any meeting shall be as
follows:
1. Approval of the minutes
2. Communications
3. Unfinished business
4. New business
5. Adjournment
Section 8: Rules or Procedure.
The chairperson shall decide all questions of order and
rule on matters not specifically provided for by these
rules and regulations. The Board shall be guided by
parliamentary law as prescribed in "Roberts Rules of
Order, Newly Revised", unless in conflict with these
Rules and Regulations.
Section 9: Motions.
Motions may be made orally by any member of the Board
and shall be recorded in the minutes together with the
action taken thereon.
Section 10: Amendments.
Amendments to these rules and regulations, except those
provided by the authority of the President and Board of
Trustees, may be made at any meeting of the Board. All
such amendments shall be printed for distribution and
notice shall be given of the place or places where said
rules may be obtained. Such notice shall be published
in a newspaper of general circulation in the Village of
Mount Prospect and shall specify the date, not less
than ten (10) days subsequent to the date of such
publication, when such rules shall go into effect.
Section 11: Annual Report and Budqet.
The Board shall submit its annual budget request as
directed by the Village Finance Director. The Board
shall submit by March 1st to the President and Board of
Trustees an annual report of its activities for the
preceeding calendar year. In said report, the Board
may make any suggestions which it believes will result
in greater efficiency in the Fire and Police
Departments.
CHAPTER 2: APPLICATIONS - ORIGINAL APPOINTMENTS
Section 1: Exclusive Method of Appointment.
Original appointments to the police or fire department
shall be made only as prescribed herein.
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Section 2: ADDlications.
The Board shall furnish applications for original
appointment positions on the Fire and Police
Departments. Applications may be obtained from the
Village Hall or by requesting the same in writing from
the Fire and Police Department. The applicant shall
furnish, with the application, a copy of military
service records and discharge papers, if any, together
with certified copies of a birth certificate and High
School Diploma or G.E.D. Certificate and any other
documents designated by the Board.
Section 3: Filinq of Applications.
Ail applicants must file an application with the Board
by the established deadline prior to the taking of the
examination for the position for which application has
been made. Applications shall be addressed to the
Board and filed with the secretary or any other person
designated by the Board. The secretary or the
designate shall endorse thereon the date the
application was received. All applications shall be
typed or hand printed and signed by the applicant. Any
applicant knowingly making false statements in an
application shall be rejected by the Board, and the
applicant shall be notified of such action. Further,
the Board shall remove any person certified to a
position in the Fire and Police Departments upon
learning that false statements have been made or that
material facts have been misrepresented or omitted to
the Board.
Section 4: Disqualification.
The Board may refuse to examine or, after examination,
to certify as eligible, any applicant whom the Board
reasonably determines:
1. to be physically unable to perform the duties for
the position to which the applicant seeks
appointment;
2. to be addicted to the habitual use of intoxicating
beverages;
3. to have been convicted of a felony or any of the
following misdemeanors:
The following references are to Illinois Revised
Statutes, Ch. 38, and shall include any similar
offenses as defined in other jurisdictions.
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a. indecent solicitation as defined in Section
11-6;
b. adultery as defined in Section 11-7;
c. public indecency as defined in Section 11-9;
d. prostitution as defined in Section 11-14;
e. soliciting a prostitute as defined in Section
11-15;
f. keeping a place of prostitution as defined in
Section 11-17;
g. patronizing a prostitute as defined in
Section 11-18;
h. pimping as defined in Section 11-19;
i. criminal sexual abuse as defined in Section
12-15;
j. theft as defined in Section 16-1;
k. retail theft as defined in Article 16A;
1. deceptive practices as defined in Article 17;
m. unlawful sale of firearms as defined in
Section 24-3;
n. unlawful possession of firearms and
ammunition as defined in Section 24-3.1;
o. defacing firearm identification marks as
defined in Section 24-5;
p. mob action as defined in Section 25-1;
q. keeping a gambling place as defined in
Section 28-3;
r. bribery as defined in Article 29;
s. resisting or obstructing a peace officer as
defined in Section 31-1;
t. escape or failure to report for periodic
incarceration as defined in Section 31-6;
u. aiding escape as defined in Section 31-7;
Vo compounding a crime as defined in Section 32-
1.
4. to have been dismissed from any public service for
good cause;
5. to have practiced any deception or fraud in the
applicant's application;
6. to have character or employment references which
are reasonably deemed to be unsatisfactory;
7. to have failed to satisfy any step in the test
process including, whenever applicable, failure to
attend an Applicant Orientation meeting;
8. to have failed to fulfill any of the requirements
for applicants which are set forth in these rules
and regulations;
9. to be or have been a user of narcotics, Cannabis
Sativa or other dangerous drugs, as defined in
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Chapter 56-1/2 of the Illinois Revised Statutes,
not legally prescribed to the applicant by a
licensed physician;
10. to not possess a valid driver's license at any
stage of the selection procedure.
11. to have been classified by the local Selective
Service Draft Board as a conscientious objector,
or who has ever been so classified; (Police only)
12. to, in the reasonable opinion of the Board, be
otherwise unqualified for service in the
Department for which the application is made.
Any applicant disqualified hereunder 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 thereon, but shall respond in writing within
ten (10) days of the request.
Section 5: Defective Applications.
Applications found by the Board to be defective or
incomplete shall be returned to the applicant for
correction or completion, provided the applicant
appears qualified for the position sought from the face
of the application. Such application shall be
corrected or completed and returned to the Board at
least seventy-two (72) hours before the first scheduled
test date. The Board shall not be required to
reschedule or permit makeup dates for anyone filing an
incorrect or incomplete application.
Section 6: Physical Requirements.
Applicants must satisfy the health and physical
aptitude requirements of the physical agility test and
medical examination as set forth in these Rules and
Regulations or by other action of the Board.
Section 7: Aqe Requirements.
All applicants must have attained the age of twenty-one
(21) years, but shall be under thirty-five (35) years
of age at the time of the last date for filing
applications, except for persons who at the time of
application are active full time sworn members of
another police or fire department in Illinois and have
been for at least two (2) years.
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Section 8: Education.
Applicants for original appointment to the Fire and
Police Departments must possess a high school diploma
or its equivalent as recognized by the State of
Illinois.
CHAPTER 3: EXAMINATIONS - ORIGINAL APPOINTMENTS
Section 1: 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
test. The release shall be in a form prescribed by the
Board.
Section 2: Notice of Examination.
Examinations shall be held on dates fixed by the Board,
and the date of said examinations shall be advertised
in a newspaper of general circulation within Cook
County, Illinois and such other publications as the
Board may deem appropriate. Examinations may be
postponed only by order of the Board. In that event,
said order shall state the reason for the postponement
and shall designate a new date for the conduct of the
examination. All applicants shall be notified by
regular mail at the address shown on the application of
a postponement and of the new date fixed for the
examination. The Board need not republish for the new
date. Neither the Village nor the Board shall be
liable in any manner for any failure to notify an
applicant of a new date.
Section 3: Phases of Examination.
All applicants for original appointment as Officers in
the Fire and Police Departments shall participate in
the following examination phases (a failure on any
phase designated as pass/fail shall disqualify the
applicant from consideration):
(a) Written Examination: The subject matter of the
written examination shall fairly test the capacity
of the applicant to discharge the duties of the
position to which the applicant seeks appointment.
(1) Procedure. The following procedure shall
apply to all written examinations:
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Each applicant will be assigned a numbered
envelope and a card containing the same number.
The applicant will write his or her name and
address on the card. At the conclusion of the
written examination the applicant will place the
completed papers in the envelope, seal the
envelope and deliver it to the secretary or his
designate. No signature shall be placed upon any
examination papers. No marks of identification
tending to disclose the identity of the
competitors in the examination shall be placed on
the examination papers. Papers of any applicant
violating this rule shall be marked with the
notation 'REJECTED UPON ORDER OF THE BOARD'. The
cards shall be collected and kept separate from
the examination papers until the grading is
completed at which time the numbered examinations
shall be reconciled with the cards. If an outside
agency conducts the testing, it may vary from this
procedure, providing that the objective of
separating the name of the applicant from the
examination paper is still accomplished. All
examination papers shall become the property of
the Board and the grading thereof shall be final
and conclusive and not subject to review by any
other board or tribunal of any kind or
description.
(2) Minimum Grade.
Applicant must first attain a minimum score of not
less than 80 points (passing grade) based upon a
maximum obtainable number of grade points of 100
on the written examination phase of the
examination process. The failure of an applicant
to achieve the minimum passing grade as aforesaid
shall disqualify the applicant from participation
in the remainder of the examination process.
(Preference points pursuant to Chapter 3, Section
5 may not be added to a score to increase to 80 or
above).
(b) Oral Examination: Questions asked of applicants
on oral examination must aid Board members in
evaluating and grading the applicants on general
appearance, degree of self-confidence, oral
communication skills, sincerity and consistency.
(1) Procedure.
An oral examination shall be conducted by no fewer
than three Board members. The number of Board
members conducting the oral examination shall be
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uniform throughout the oral examination phase of
any particular original appointment examination.
Upon completion of each oral interview each Board
member who conducted the interview will evaluate
the applicant on each of the factors set forth in
Section 3(b) above, and will then grade the
applicant on the basis of 1 to 8 points for each
of the criterion.
(2) Minimum Grade. All applicants must achieve a
sufficient score on the oral examination
which, when averaged with their grade score
on the written examination, will yield an
average grade of not less than 80 points
(passing grade).
(c) Pre-Psycholoqical Examinations: The subject
matter of written pre-psychological examinations
shall fairly test the capacity of the applicant to
discharge the duties of the position to which the
applicant seeks appointment. (Pass/Fail)
(d) Backqround Investiqation: Each eligible applicant
shall submit to fingerprinting by the Police
Department of the Village, and shall provide
signed waivers for access to such records as may
be required by the Board to conduct a complete
background investigation in order to certify the
applicant's eligibility for appointment under the
provisions of Chapter 2, Section 4 hereof.
(Pass/Fail)
(e) Physical Fitness Test: The physical agility test
required of each applicant as herein provided
shall be conducted as the Board may direct and
shall be uniformly and consistently applied.
(Pass/Fail)
(f) Polygraph Examination: 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. (Results of the polygraph
examination will not be a sole determinant for
elimination from the testing process).
(g) Medical/Psychological Examinations: Applicants
for original appointment shall be required, when
notified of pending appointment, to submit to and
pass, (i) a medical examination by a licensed
physician, and, (ii) a psychological examination
by a licensed psychological testing service, both
selected by the Board. Failure to take or pass
either within the time appointed by the Board
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shall result in the elimination of the applicant
from the Eligibility Register and from further
consideration. The Board in its reasonable
discretion, may at its own expense order more than
one of the above examinations. (Pass/Fail)
No phase of the testing shall contain questions
regarding political or religious affiliation.
Section 4: Additional Credits (Preference Points).
The Board of Fire and Police Commissioners of the
Village of Mount Prospect recognizes that a candidate
may possess a certain type of training or experience
that entitles that candidate to preference points in
the appointment process. These preference points shall
be added to the final grade average from the written
and oral examinations. An applicant shall be entitled
to the preference points for only one category of
preference, regardless of the number of categories
under which he might qualify. The Board shall have
exclusive authority to determine pursuant to these
rules and regulations whether or not a candidate
qualifies for preference. No preference may be added
to increase the score of an individual portion of the
testing process. The applicant shall certify to the
Board on the form provided at the time of the physical
agility test of any preference points to which the
applicant is entitled. Failure to provide this
certification on the date required shall disqualify the
applicant from receiving the preference points. The
Board may require such proof as it may deem necessary
to establish entitlement to preference points.
A. Police Department Credits
1. Applicants for original appointment who were
engaged in the military or naval service of
the United States for a period of at least
one year and who are honorably discharged
therefrom. Persons who were convicted by
court martial or other legal process for
disobedience of orders where such
disobedience consisted of a refusal to
perform military service or its equivalent
shall not be eligible for preference
points. Persons who were solely reservists
shall not be eligible for preference points;
or
Points 5
2. Applicants who are or were employed in the
Village of Mount Prospect Police Department
as a community Service Officer and who have
been so employed for not less than 4,160
10 -
hours of actual salaried service within a
three year period.
Points 5
B. Fire Department
1. Same as Section 4(a)(1) for police officers,
or
Points 5
2. Applicants who have successfully completed
two years of study in fire techniques
amounting to a total of four high school
credits within the fire cadet program of the
Village of Mount Prospect, or
Points 5
3. Applicants who have been certified by the
State of Illinois as an Emergency Medical
Technician/Paramedic; or
Points 5
4. Applicants who have been certified as an
Emergency Medical Technician-A by the State
of Illinois;
Points 3
5. Applicants who have been certified as a Fire
Fighter I by the State of Illinois; or
Points 3
6. Applicants who have been certified as a Fire
Fighter II by the State of Illinois; or
Points 4
7. Applicants who have been certified as a Fire
Fighter III by the State of Illinois.
Points 5
Section 5: Final Score.
An applicant's final point score shall be the average
of his written and oral examinations, plus the
preference points, if any, to which the applicant is
entitled as provided in Section 4 above.
Section 6: Eligibility Reqister - Oriqinal
Appointments.
Upon the completion of the testing process the
applicants will be graded as stated in Section 6
above. Within sixty (60) days of completion, the Board
shall prepare, certify and post a list of eligible
applicants who have received a passing grade on all
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phases of the testing process. ("Eligibility
Register"). Those applicants shall be ranked in order
of the total of their scores on the written and oral
examinations and the addition of Section 5 additional
credits when appropriate. This Eligibility Register
shall remain in effect until one of the following
events occur: (1) two years have passed from the date
of posting; (2) said Eligibility Register is exhausted;
or (3) a new examination has been given and a new
Eligibility Register has been certified and posted. In
the event a new Register is prepared prior to the
passage of two years or the exhaustion of the existing
Register; those applicants remaining on the prior list
shall be placed on the new Eligibility Register
according to the applicant's score without regard to
the time of testing. However, no person may remain on
more than two Eligibility Registers without
retesting. If the tests differ substantially in
content, the carryover applicant shall be placed on the
new Register in a position proportional to his or her
original position on the old Register (i.e. 6th on the
old Register of 10 would be 12 on a new Register of
20).
Section 7: Appointment of Probationary Members from
Eliqibilit¥ Reqister; Aqe Limitation
Declination.
A. Appointment.
All original appointees to the Fire or Police
Department shall be appointed on a probationary
basis by the Fire Chief or Police Chief from the
Eligibility Register. The appointments shall be
made by the selection of a person who ranks within
the top one-third on the Eligibility Register,
except when five or fewer names remain on the
list, all of that number shall be eligible for
appointment. These candidates will be appointed
according to the Rules and Regulations of the
Board.
B. Age Limitation.
Any candidate shall be stricken from the
Eligibility Register upon attainment of the age of
36 years of age, except for those to whom the 35
year age limitation did not apply at the time of
application.
C. Declination.
Any candidate eligible for probationary
appointment under these Rules and Regulations may
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on one occasion decline an appointment tendered
upon giving reasons in writing satisfactory to the
Board without removal from the Eligibility
Register. If the reasons given are not reasonably
satisfactory to the Board or if no reason is given
and the candidate does not accept appointment
within seven (7) days after it is tendered, then
his name shall be removed from the Eligibility
Register. A second declination or failure to
accept shall result in automatic removal from the
Eligibility Register.
Section 8: Probationary Terms.
A. Police.
The term of each police appointee's probationary
status shall commence on the date of the
appointee's original appointment to the Police
Department and shall continue for a period of two
(2) years from and after the date of the
appointee's status verification as provided in
Section 9(A) of this Chapter.
B. Fire.
The term of a Fireman/Paramedic's probationary
status shall be for two (2) years from the date of
appointment to the Fire Department.
Section 9: Completion of Traininq Program for
Probationary Employees; Possession of
Valid Illinois Drivers License.
A Police.
Verification of probationary Police officer status
shall be made by the Board upon an applicant's
successful completion of the basic training
program and certification by the Illinois
Governmental Law Enforcement officers Training
Board. The failure of an applicant to
successfully complete the basic training program
and to be certified by the Illinois Governmental
Law Enforcement officers Training Board within six
(6) months of the original appointment shall
result in automatic dismissal. If at the time of
appointment the candidate possesses a driver's
license from another state, during the first six
(6) months of employment, the candidate must
secure a valid Illinois driver's license.
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B. Firemen.
Any probationary Fireman/Paramedic who has not
successfully completed the Certified Firefighter
Basic Training Course, Emergency Medical
Technician and Paramedic programs, as prescribed
by the Illinois Fire Protection Personnel Standard
and Education Commission within the probationary
period shall not be placed on the Certified Record
but shall be dismissed from service.
Section 10: Discharqe of Probationary Members.
A probationary member may be discharged by the Board of
Fire and Police Commissioners upon affidavit of the
appropriate Chief that the probationary member has
failed to meet departmental expectations. The
affidavit shall include specifics as to such failure
and if filed more than six (6) months prior to the end
of the probationary term shall state why the officer's
failure is such a detriment to the goals, objectives
and morale of the department that the discharge must
take place immediately.
The discharge procedures set forth in Chapter 5 herein
shall not be applicable to probationary members.
Section 11: Completion of Probationary Period, Full-
Time Non-Probationary 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).
Section 12: Emergency Appointments.
The Board may make such temporary appointments as it
shall deem necessary to protect the health, safety and
welfare of Mount Prospect when it determines an
emergency need exists. In the case of a strike, walk-
out, "blue-flu" or similar job interference, such
appointments shall extend for sixty (60) days with such
thirty (30) day renewals as the Board shall determine
to be necessary.
Section 13: Oath of Office.
Prior to commencing duty as an officer in the Fire and
Police Departments, an applicant shall take such oath
and enter into such bond as is prescribed by the
ordinances of the Village or the statutes of the State
of Illinois.
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CHAPTER 4: EXAMINATIONS - PROMOTIONS.
Section 1: Summary of Procedures for Selectinq
officers for Promotion.
Promotions within the Fire and Police Departments shall
be accomplished as follows in accordance with the
rules, regulations, and standards set forth in this
Chapter 4.
a. All candidates shall submit to a pre-screening
examination process.
b. Candidates qualifying pursuant to the pre-
screening process shall then submit to an
Assessment Center.
c. Upon completion of the Assessment Center the Board
shall certify a list of qualified candidates to
the Fire or Police Chief.
d. The Fire or Police Chief shall then select from
the qualified list the officer to be promoted.
Section 2: Establishment of Examinations.
The Board will be responsible for all promotions in the
Fire and Police Departments except those designated as
"exempt rank" in Section 4.801(A) in the Village Code
according to the standards set forth in this Chapter
4. 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 officer
participating in the examination and assessment process
is qualified for promotion under the standards
hereinafter provided, or in the event, that no officer
elects to participate in said promotional process then
the Board shall have the option of extending the
promotional process to the general public. The general
public shall include Mount Prospect probationary
officers. All candidates for the position shall
conform to the pertinent application and qualification
requirements provided for original appointments in
Chapter 2.
Section 3: Notice of Examination.
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
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be posted in three conspicuous places in the Police
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, said 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 of a postponement and of the
new date fixed for the examination.
Section 4: Eligibility for Participation in the
Pre-Screeninq Examination.
All pre-screening examinations for promotion shall be
competitive among such officers of the Fire and Police
Departments who shall have completed one full year of
service after being placed on the Certified Record
prior to the date on which the pre-screening
examination is commenced. The Board may open the
selection process to the general public as set forth in
Section 1 of this Chapter, in which case probationary
officers shall likewise be eligible.
Section 5: Pre-Screeninq Examinations.
(a) 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. No
examination shall contain questions regarding the
candidates political or religious opinions or
affiliations.
(b) Criteria and Scoring. The criteria for the pre-
screening examination shall be selected by the
Fire or Police Chief under the direction of and
subject to the approval of the Board, provided
that 30% 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) 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, then
said examination shall be administered as herein
provided. However, should members of the general
public participate in said examination process,
there shall be no consideration given to
departmental merit and efficiency for any
candidate.
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Section 6: Candidates Eliqible to Proceed to
Assessment Center.
Those individuals who both (1) achieve a minimum score
of 80 and (2) rank in the top eight in the pre-
screening process shall be considered finalists for
promotion and be eligible to participate in an
Assessment Center. If fewer than eight achieve a
minimum score of 80, then only those achieving said
minimum will be eligible.
Section 7: 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 approved
by the Board of Fire and Police Commissioners. No
member of the panel shall be an employee of the Village
of Mount Prospect.
Section 8: 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 Fire and Police
Departments.
Section 9: Selection of Candidate to Position.
a. The Assessment Center Panel shall complete a
report for the Board and Fire and Police Chief
indicating the strengths and weaknesses of the
candidates based on their ability as demonstrated
in the Assessment Center.
b. After completion of the Assessment Center and a
review of the report of the Assessment Center
Panel, the Board shall eliminate any remaining
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candidate who is believed to be unqualified and
shall certify a list of qualified candidates to
the Fire or Police Chief. Candidates on the list
shall be ranked according to their performance in
the Assessment Center.
c. The Fire or Police Chief shall then select the
candidate to be promoted from the top three names
on the qualified list. If more than one opening
is available at a given time, the Chief may select
from the top five names°
Section 10: Probationary Period.
Any 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 said one (1) year period unless the Fire
or Police Chief certifies to the Board that the
probationary officer has not performed his duties
satisfactorily during that period. In that event, the
probationary officer shall be returned to his prior
rank using the same procedure as set forth in Chapter
3, Section l0 for the dismissal of original appointment
probationary officers.
Section 11: List of Qualified Candidates.
The list of qualified candidates as certified by the
Board shall be posted by the Fire or Police Chief and
shall be valid for future selection to the position for
the period of three (3) years from the date of posting.
Section 12: Review.
A candidate may request a review of any appeals 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
fourteen (14) days of the posting of the list pursuant
to Section i1 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 four members of the Board of Fire
and Police Commissioners°
The written request for review must be delivered to the
Secretary of the Board or his designated representative
and must plainly state:
a) The phase of the promotional process for which
review is being sought.
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b) The reason(s) for the request for review.
Reviews will be conducted at the Board of Fire and
Police Commissioner's next meeting at which a quorum is
present. The Board of Fire and Police Commissioners
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.
CHAPTER 5 CHARGES. HEARING OF CHARGES. REMOVALS. SUSPENSIONS
AND DISCHARGES
Section 1: Charqes.
Except as set forth in Section 2 of this Chapter 5, no
certified member of the Fire or Police Department shall
be removed from office, suspended, demoted or
discharged except for a cause or causes specified in
written charges and after an opportunity to be heard in
his own defense. The hearings shall be governed by the
Code of Ordinances of the Village of Mount Prospect and
this Chapter 5. Charges shall be made in writing to
any member of the Board by the Chief of Police or
person appointed to act in his place, the Village
Manager or the Village President. The charges shall
then be filed with the Secretary of the Board.
Section 2: Suspension by the Chief of the Fire or
Police Department
The Chief of the Fire or Police Department shall have
the right to suspend any officer under his command for
a period not to exceed five (5) days, provided that no
charge for the same offense has been filed and is
pending before the Board. Nothing outside of this
Chapter 5, Section 2 shall affect the Chief's right to
order such a suspension. Any suspension by the Chief
under this section shall be reported to the Board
within 72 hours after giving notice of the suspension
to the officer. 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 Chairman or Secretary of
the Board. The Board shall then conduct a hearing on
the suspension in the same manner as if charges were
originally filed before the Board, except that the
burden of proving that the suspension is unwarranted
shall be on the officer. The burden of going forward
with the evidence shall be on the Chief. Upon such an
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appeal by the officer, the Board may sustain the action
of the Police or Fire Chief, may reverse it with
instructions that the suspended officer receive his 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, depending on the evidence
presented.
Section 3: 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 7 shall apply.
Section 4: Dispositions by the Board after Hearinq.
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 from
office or discharge him.
Section 5: Demotions.
(a) Upon certification by the Fire or Police Chief to
the Board that an officer, the rank of sergeant or
above who was promoted by the Board of Fire and
Police Commissioners has not performed his duties
in a satisfactory manner, said officer shall be
notified in writing by registered mail or personal
service of such certification and shall be
requested to appear before the Board at a
specified time and place for a hearing relative to
said certification. The time for the hearing on
said certification shall be set by the Board
within thirty (30) days of the time of the filing
of such certification with the Board by the Fire
or Police Chief. An officer so certified shall be
given an opportunity to be heard in his own
defense at said hearing.
(b) Any officer, the rank of sergeant or above who was
promoted by the Board of Fire and Police
Commissioners, may be demoted by the Board with
reduction in compensation to a rate not less than
the maximum rate of such lower rank. Such
demotion shall be made only after a hearing in
which the Board has found that the officer is
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deficient in the performance of his duties in any
one or more of the following areas:
1. Leadership ability.
2. Administrative skills.
3. Communication skills.
4. Ability to function in a satisfactory manner
in an emergency°
5. Ability to supervise subordinates.
6. Ability to perform duties and functions in
conformance with the established goals of the
Department.
(c) Any officer of the Fire or Police Department,
probationary or otherwise, may request and/or
consent to a demotion to a lower rank subject,
however, to the concurrence of the Board.
Section 6: Hearinq Procedures.
(a) "Counsel" means one who has been admitted to the
bar as an attorney-at-law in this state. However,
the Board may, upon petition by a party appearing
before it, permit an attorney licensed in another
state to represent that party.
(b) Any request to the Board for any rehearing,
reconsideration, modification, vacation or
alteration of a decision of the Board may be
permitted only upon unanimous approval of the
Board and only if requested within five (5) days
of the filing of the decision.
(c) The right to determine that "cause" exists in a
particular case is vested solely with the Board.
(d) 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.
(e) 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
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weighed against the evidence produced in
opposition.
(f) 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.
(g) At the time and place of hearing, each party may
be represented by counsel if that party so
desires.
(h) All disciplinary hearings before the Board shall
be recorded by a Certified Stenographic Reporter
to be employed by the Board.
(i) 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.
(j) All witnesses shall be placed under oath prior to
testifying.
(k) 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 position. Ail parties shall
have the right to cross-examine witnesses
presented by the opposing party.
(1) The matter will be decided by the Board solely on
the evidence presented at the hearings.
Section 7: Pre-Hearinq Procedures.
(a) ComDlaints. All charges shall be made in a
written complaint. The complaint shall be filed
with the Board as specified in Section 1 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.
(b) Probable cause. After a complaint is filed, the
Board in its discretion shall have the right to
conduct such informal hearings or investigations
as may be necessary to determine whether probable
cause exists for a hearing on that complaint.
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(o) Notification of Hearinq. Upon the filing of a
complaint, the following action shall be taken by
the Board:
(1) 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; or
(2) In cases where the Board has decided to
determine whether probable cause exists, the
accused shall be notified in writing that
such charges have been filed and that the
Board is conducting an investigation to
determine whether probable cause exists
before conducting a formal hearing on the
charges. The officer shall be further
notified that if probable cause is determined
to exist, that officer will subsequently be
served with a copy of the charges and
notification of a specific time and place for
hearing on those charges.
There shall be a minimum of five (5) days between
the commencement of the hearing and the time at
which the accused was notified of the hearing.
(d) Subpoenas. 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 him 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. A subpoena
issued hereunder shall be enforceable in the
Circuit Court of Cook County, Illinois. The Board
may issue subpoenas sua sponte and request any
application for subpoena filed less than thirty
(30) days prior to the hearing.
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(e) 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 said 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.
(f) 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.
(g) Stipulation. 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.
(h) Sufficiency of Charqes, Objections Thereto. 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.
(i) 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 last known residence as reflected by
the complaint filed with the Board, except as
herein otherwise provided. 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.
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(j) Filinq. Ail 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 a
member or in the Board's office.
(k) Forms of Paper.
(1) All papers filed in any proceeding shall be
type-written or printed and shall be on one
side of the paper only.
(2) If type-written, the lines shall be double
spaced except that long quotations may be
single spaced and indented.
(3) 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 attorney.
(5) If papers are filed by an attorney, they must
include the attorney's name and address and
telephone number.
(1) Computation of Time. 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.
(m) 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.
Section 8: Findinqs and Order.
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
- 25 -
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.
CHAPTER 6: GENERAL
Section 1: Rules.
Ail 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 thereof
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 Statutes of the State of Illinois
or by ordinance.
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 said officer, and for the taking of
disciplinary action.
Section 4: Appeal and/or Review.
Ail final administrative decisions of the Board may be
reviewed pursuant to the Administrative Review Act as
adopted by the Illinois Revised 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 duty-related disability as
determined by the appropriate pension board as required
in Ch. 24, Sec. 10-2.1-23, Ill. Rev. Stat. If a leave
of absence is granted by the Board during a
probationary period for any reason whatsoever,
- 26 -
including but not limited to military duty or duty-
related disability, the probationary period shall be
tolled until the probationary employee returns from his
leave of absence.
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 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
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 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: Effect.
These Rules and Regulations, dated June 4 ,
19 91 supersede and replace all Rules and Regulations
previously issued by the Board. These Rules and
Regulations shall be in full force and effect ten (10)
days after their passage and publication as herein
provided.
%%HGM~EMH2RULES
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