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HomeMy WebLinkAbout4. Mayor's Report 02/15/2011tv Village of Mount Prospect INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS� FROM: BOARD OF FIRE AND POLICE COMMISSION CHAIRMAN �r DATE: JANUARY 7, 2011 SUBJECT: BOARD OF FIRE AND POLICE COMMISSION REVISED RULES AND REGU The Board of Fire and Police Commissioners (BOFPC) has been working for several months wityl staff on revisions to our Rules and Regulations. The attached Rules and Regulations are a culmination of this effort that included all of the Commission members, Chief Dahlberg, Chief Malcolm, and the Village's legal counsel. Some of the changes that we made to the Rules and Regulations include the following: 1. Changes to the Officers of the Board which includes replacement of the Board secretary with a recording secretary. The recording secretary will be a Village employee appointed by the Village Manager. 2. Revisions to the language regarding education credit for applicants who display fluency in a language prevalent in Mount Prospect. 3. Changes to the Fire Department promotions section to align with the Fire Department Promotion Act and the Collective Bargaining Agreement. The revised Rules and Regulations were passed unanimously at our meeting on January 3, 2011. On behalf of all of the Commission members I request the Village Board adopt the revised Rules and Regulations. Chief Dahlberg, Chief Malcolm, and I will all be present at the February 1, 2011, Village Board meeting to discuss these changes and answer any questions. If there are any questions prior to the meeting please feel free to give me a call. Diane Rhodes, Police Chief Dahlberg's secretary, has my contact information George K. Busse GB /jm /cl Attachments c: Police Chief John Dahlberg Fire Chief John Malcolm I: \BOFPC \VB Memo - Adoption of Revised Rules & Regs (1- 7- 11).docx RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT COUNTY OF COOK, STATE OF ILLINOIS 11/29/10 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 ................................................. ............................... 3 Section 1: Source of Authority ........................................... ............................... 3 Section 2: Construing these Rules and Regulations .......... ............................... 3 Section 3: Officers of the Board .......................................... ..............................4 Section 4: Duties of the Board ........................................... ............................... 4 Section5: Meetings ........................................................... ............................... 4 Section6: Quorum ............................................................. ............................... 5 Section 7: Order of Business ............................................. ............................... 5 Section 8: Rules of Procedure ........................................... ............................... 5 Section9: Motions ............................................................. ............................... 5 Section 10: Amendments ...................................................... ..............................6 Section 11: Annual Summary .............................................. ..............................6 CHAPTER 2: HIRING OF NEW SWORN PERSONNEL ............... ............................... 6 Section 1: Original Appointments ........................................ ..............................6 Section 2: Examinations — Original Appointments ....... ............................... 1211 CHAPTER 3: PROMOTIONS ...................................................... ............................... 20 Section 1: Summary of Procedures for Selecting Officers for Promotion........ 20 Section 2: Establishment of Examinations ....................... ...........................22 ............ Section 3: Notice of Examination ......... ............................... ........................2321 Section 4: Candidates Eligibility for Participation in Pre - Screening Examination 232'! Section 5: Pre - Screening Examinations ...................... ............................... 2322 Section 6: Candidates Eligible to Proceed to Assessment Center .............. 2422 Section 7: Assessment Center Panel .......................... ............................... 2423 Section 8: Assessment Center Process ....................... ............................... 2423 Section 9: Use of Assessment Center Panel Report and Selection of Candidate to Position ...................................................... ............................... 2523 ............. Section 10: Probationary Period .................................... ............................... 2524 .. Section 11: List of Qualified Candidates ........................ ............................... 2625 Section 12: Review ............................. ............................... ...........................2625 Section 13: Fire Lieutenant Promotions ......................... ............................... 2725 ............ CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DISCHARGES ........................................ ............................... ...........................2925 Section 1: Suspension of Not More than Five (5) Days (Forty (40) Hours) 2926 Section 3: Discharge, Demotion or Suspension of More than Five (5) Days. 3026 Section 4: Pre - Hearing Suspension ............................. ............................... 3026 Section 5: Dispositions by the Board after Hearing ...... ............................... 3027 Section 6: Demotions ........................ ............................... ........................... 3027 Section 7: Hearing Procedures .................................... ............................... 3 . 1 . ?8 Section 8: Pre - Hearing Procedure ............................... ............................... 3229 Section 9: Findings and Order .......... ............................... ...........................3532 CHAPTER 5: GENERAL ......................................................... ............................... 3532 Section1: Rules ........................................................... ............................... 3532 ............. Section 2: Additional Powers of the Board ................... ............................... 3632 ............ Section 3: Violation of Rules or Laws .......................... ............................... 3632 Section 4: Appeal and /or Review ................................. ............................... 3633 Section 5: Leave of Absence ....................................... ............................... 3633 Section 6: Political Contributions ................................. ............................... 3633 ........... Section 7: Political Activities ........................................ ............................... 3733 ........... Section8: Effect ........................................................... ............................... 3734 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 President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois on , 2010. 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 5, Article III of the Mount Prospect Village Code. The sole authority to determine whether a person meets any criterion or standard set forth in these Rules and Regulations shall be vested in the Board of Fire and Police Commissioners Section 2: Construing these Rules and Regulations A. The word "Board" shall mean the Board of Fire and Police Commissioners of the Village of Mount Prospect. B. The word "Officer" 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. 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. D. The word "firefighter" shall mean firefighter /paramedic. E. The word "Village" shall mean Village of Mount Prospect. F. "Corporate Authorities" shall mean the President and Board of Trustees of the Village of Mount Prospect. G. "Village Code" shall mean the Village of Mount Prospect Code. Section 3: Officers of the Board The Village President shall annually appoint a chairperson. The chairperson shall be the presiding officer at all meetings. — sh �l + its „ ua� .t n M ` sect a ff I ret' y. The chairperson nd-s etary shall hold office for one full year and until the4 successor is duly appointed or elected and qualified. The Village Manager shall appoint a Village employee to act as the recording secretary to the Board. an m ° °+ ^ ^s The recording 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. ° mF. l.. yee v cr ° Ct- a-�u- t,�'re- r..�..dn ^ y .,..etu7y tv^ -t RnrrJ 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 2. Fire Department: Lieutenant 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. No examination required under these Rules and Regulations may take into consideration a candidate's political or religious opinions. Section 5: Meetings A. Regular meetings shall be held monthly, scheduled at the mutual convenience of the Board members. Notice shall be posted and meetings shall be open to the public. B. Special meetings shall be open. Notice of a special meeting shall be posted forty -eight (48) hours prior to convening. A meeting may be called by the filing of a notice, in writing, with the recording secretary A-and signed either by the chairperson of the Board or, in the event of the absence of the chairperson, a member of the Board. This notice shall contain a brief statement of the business to be submitted for the consideration of the Board at such special meetings. It shall set forth the time and place of such special meeting. No other business shall be considered at such special meeting unless by unanimous consent of the Board. C. During any regular or special meeting, a closed session may be held upon a proper motion made by any single member of the Board for the purpose of discussing personnel. No closed session may be held at a special meeting unless the closed session is noted on the agenda. Closed sessions may be limited to Board members and such invited persons as the Board may deem necessary. The secretary will record the motion to close the meeting and keep minutes of the closed session. Closed sessions shall be taped, audibly or visually, with said tapes being maintained for a period not less than 18 months. D. Public notice of any regularly scheduled or special meeting shall be held in accordance with the Open Meetings Act, Illinois Compiled Statutes, Chapter 5, §120/1- 120/5. 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. Section 7: Order of Business The order of business at any meeting shall typically be as follows: I. Approval of the minutes II. Police Department Update III. Fire Department Update IV. Closed Session V. Old Business VI. New Business VIL Adjournment Section 8: Rules of 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 on the motion. Section 10: Amendments Any amendment to these Rules and Regulations must be approved by the Corporate Authorities. All such amendments shall be printed for distribution and published in the manner provided by the Corporate Authorities for the publication of ordinances. Section 11: Annual Summary The Chairperson of the Board shall present annually its State of the Board of Fire and Police Commissioners address at a regularly scheduled Village Board meeting. CHAPTER 2: HIRING OF NEW SWORN PERSONNEL Section 1: Original Appointments A. Exclusive Method of Appointment Original appointments to the Police and Fire Departments ( "Departments ") shall be made only as set forth in these Rules and Regulations. B. Applications, General. 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 either 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. 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 prior to the original deadline date. C. Application All applicants shall complete a pre - application. These applications may be obtained from the respective 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 pre - application with the Board by the established deadline. D. Disqualification 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; 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 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. 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; I. 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; V. compounding a crime as defined in Section 32 -1. 7. to have been dismissed for cause, from any public service position; 8. to have character or employment references which are deemed to be unsatisfactory; 9. to have failed to satisfy any step in the test process including, whenever applicable, failure to attend a Mandatory Applicant Orientation meeting; 10. to have failed to fulfill any of the requirements for applicants which are set forth in these rules and regulations; 11. to not possess a valid driver's license at any stage of the selection procedure. 12. to have been classified by the local Selective Service Draft Board as a conscientious objector, or who has ever been so classified; 13. to, in the reasonable opinion of the Board, be otherwise unqualified for service in the Fire Department or Police Department; 14. to have been dishonorably discharged from military service. 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. E. Age Requirements 1. Police. All applicants must have attained the age of twenty - one (21) years, but not more than thirty -five (35) years of age at the time of the application deadline. The maximum age limitation shall not apply to any person previously employed as a full time Police Officer in a regularly constituted Police Department, municipality, or to any person who has served as an auxiliary Police Officer under 65 ILCS 10- 3.1 -30 -20 for at least five (5) years and is under forty (40) years of age. If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Police Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has attained the age of thirty -six (36) years shall be inducted as a member of the Police Department. 2. Fire. All applicants must have attained the age of twenty - one (21) years, but not more than thirty -four (34) years of age at the time of application deadline. The maximum age limitation shall not apply to any person currently employed as a full time firefighter in a regularly constituted fire department (i) of any municipality or (ii) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Illinois Fire Protection District Act, or to any person who has served a municipality as a regularly enrolled volunteer 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 (65 ILCS 10- 2.1 -6). If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Fire Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has attained the age of thirty -five (35) years shall be inducted as a member of the Fire Department. Education 1. Police. Applicants for original appointment to the Police Department must possess a high school diploma or its equivalent as recognized by an appropriate state authority and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non - disability service as a police officer with another full time, officially constituted and sanctioned Police Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of active military duty for the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1(D) of these Rules and Regulations. C. Ten (10) hours of college equivalency credits for each full twelve (12) months of employment by the Village of Mount Prospect Police Department as a community service officer up to a maximum of twenty (20) hours. d. Thirty (30) college equivalency semester hours for demonstrating fluency in any language prevalent in the Mount Prospect Police 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, §p@akwrite speak and understand the language in ,.,^ N ^ ; tee "mgt n The Board shall be the sole judge of whether a language is prevalent in the 10 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. 2. Fire. Applicants for original appointment to the Fire Department must possess a high school diploma or its equivalent as recognized by the State of Illinois and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non - disability service as a full time firefighter with another officially constituted and sanctioned Fire Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of engagement in the military service of the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1(D) of these Rules and Regulations. C. Thirty (30) college equivalency semester hours for demonstrating fluency in a language prevalent in the Mount Prospect Fire Service area, other than English, ® as determined by the most recent U.S. Census Bureau statistincs. Fluency shall mean a clearly demonstrated ability to read, §ppakwr4te, 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 to specific language prevalence and for standards and evaluation of fluency. d. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Emergency Medical Technician /Paramedic. e. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Basic Firefighter (Firefighter II). 11 Section 2: Examinations — Original Appointments 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, and locally advertised in accordance with the laws of the State of Illinois. 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. C. Examinations The Board shall call for examinations to fill existing or prospective vacancies in the Police and Fire Departments. The Board shall determine: 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. 3. The position to be filled from the resulting eligibility list. D. Phases of Examinations /Evaluations All applicants for original appointment as Officers in the Fire Department or Police 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. 12 Orientation (Police Only) This may include a written test tutorial, a preliminary Physical Aptitude Test or other Physical Ability Ttest and information specific to the current testing protocols. 2. Written Examinations a. Information (Police Only). Information as to the type of written examination employed by the Board will be provided as part of the Police Department orientation program. b. Property of Board. All examination papers shall be and remain the property of the Board. The grading by the Board shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. C. Outside Vendor The Board may select an outside vendor to administer the written test. In such an instance the vendor shall consult with the appropriate Chief. Final approval of the written test shall rest with the Board. d. Scoring Candidates who have a final written test aggregate score of less than 80 shall be eliminated from further consideration. However, under no circumstances shall a score of 80 or higher guarantee an applicant for the advancement of the testing process. 3. Application to Proceed a. All persons who have not been eliminated after the written examination shall be so notified, by regular mail or e- mail, by the Board. Those who wish to proceed must file an Application to Proceed with the Board by the established deadline. Applications shall be addressed to the Board and filed with the secretary or any other person designated by the Board. The secretary or designee shall specify the date and time the application was received. The Board shall then select, in order of scores achieved on the written test, the number of applicants who may proceed to the Oral Interview process. b. Police Only. Irrespective of any other standard, the Board will have the discretion to invite to the Oral Interview all police candidates who are certified as set forth in 13 subparagraph 1(2) below, so long as such certified candidates have scored 80 or above on the written test. Such invited candidates will be added to the initial number of oral interviews authorized by the Board. 4. Oral Interview The oral interview process shall be conducted by the Interview Panel. The Interview Panel will consist of Commission members and two (2) individuals appointed by the Chief of the department for which the testing is being performed. At least one (1) Commission member must participate along with the appointed individuals. Each member of the Interview Panel will have equal voting privileges. The Commission member(s) will select the chairperson for the e;a4 Interview Panel, which shall be a Commission member. Questions shall be asked of the candidates that will enable the panel members to properly evaluate and score the candidates on speech, alertness, ability to communicate, judgment, emotional stability, self - confidence, social skills, and any other traits deemed appropriate for the position. Prior to the final scoring by the Interview Panel, the members will discuss each candidate's demonstrated ability and overall fitness. Each member of the Interview Panel will provide his /her scores to the Interview Panel chairperson. Candidates who have not achieved a final score of 80 or above (as determined by the evaluators) will be eliminated from further consideration. Under no circumstances shall a score of 80 or above guarantee an applicant further advancement in the testing process. 5. Background Investigation 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. 6. Physical Aptitude Test a. Police. After a conditional offer of employment, police officer applicants must take and pass a Physical Aptitude 14 Test as selected by the Board. Failure of the Physical Aptitude Test will eliminate the applicant from further consideration. b. Fire. Candidate Physical Ability Test (CPAT). Applicants must submit proof of having successfully completed the CPAT within the past twelve (12) months. Failure to provide such proof will eliminate the applicant from further consideration. 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 of Illinois. The psychologist conducting the evaluation shall have received training to understand the specific needs of the Fire or Police 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 Police or Fire Department. 8. Polygraph 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 Police or 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 Police or Fire Department. 10. Other Evaluations Applicants may be required to submit to other evaluations which relate to the performance of public service positions. 15 Notwithstanding any other criteria or requirements of this Chapter 2, the Board shall at all times retain the sole authority to establish the number of applicants to proceed from one phase of the examination to the next. E. Initial Eligibility List The Board will prepare an "Initial Eligibility List" of the Candidates successfully completing the required phases. The candidate's Initial Eligibility List score shall be the average of the final written and final oral examination scores. Candidates shall be ranked on the Initial Eligibility List in the order of such average scores. A dated copy of the Initial Eligibility List shall be sent to each candidate completing the Oral Interview. Preference Points Available Points in4nr rnfnr n4c \ yam An applicant for an entry level position in the Fire Department may be awarded five (5) points if the applicant was engaged in active service with the Mount Prospect Fire Department as a Paid -On -Call Firefighter for a minimum of three (3) years. Such 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. No other preference points shall be awarded for entry into the Fire Department. No preference points shall be awarded for entry into the Police Department or for promotion to Police Sergeant. 2. Time and Method of Claiming Preference Points Each fire applicant eligible to claim preference points (identified in Section 2, F.1.) must submit his /her claim for that preference in writing to the Board within ten (10) days after the posting of Initial Eligibility List. 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. G. Final Eligibility List 16 The Chairperson will prepare a "Final Eligibility List" which shall, for fire candidates, include claimed preference points. Approval of the list by the Chairperson shall not require that a formal Board meeting be held. In the event of a tie score, the placement of the tied candidates' names on the eligibility list shall first be determined by the highest written test score and then in whatever manner the Board determines prior to commencement of the testing process. 2. A dated copy of the Final Eligibility List shall be sent to each Candidate on such List. H. Eligibility List — Original Appointments 1. Police. This Final Eligibility List shall remain in effect until one of the following events occur: (1) two (2) years have passed from the date of posting; (2) the Eligibility List is exhausted; or (3) a new examination has been given and a new Eligibility List has been certified and posted. In the event a new List is prepared prior to the passage of two (2) years, those applicants who remained on the prior List shall be required to retest along with all other applicants and placement on a prior List shall not be a factor in determining the placement on the new List. 2. Fire. This Eligibility List shall remain in effect for two (2) years or until the Eligibility List is exhausted. Testing shall occur every two (2) years or as determined by the Board. The Eligibility List shall be updated if tests occur more frequently than every two (2) years. In the event that a new List is prepared prior to the passage of two (2) years, those applicants who were placed on the List for less than two (2) years shall be placed on the new List. Rank order of placement on a prior List shall not be a factor in determining the rank on the new List. Applicants shall be placed on the new Eligibility List in order of their relative excellence solely as determined by test scores. No applicant shall be eligible for retesting so long as that applicant's name is to remain on an Eligibility List pursuant to this subsection 2. Scores shall also be adjusted when applicants become eligible for identified preference points. 3. The Board may extend the life of an eligibility list upon majority vote at the board meeting prior to the scheduled termination date. 17 Appointment of Probationary Members from Eligibility List; Declination Appointment All original appointees to the Fire or Police Department shall be selected on a probationary basis by the appropriate Chief from the Eligibility List. The selection shall be made from the current top four (4) candidates on the Eligibility List. When fewer than four (4) names remain on the list, all of that number shall be eligible for appointment. If there is more than one opening to be filled, the Chief may choose from the number of candidates at the top of the list that is three (3) more than the number of openings to be filled. (Example: if three (3) openings are to be filled, the Chief may choose from the top six (6) names; if six (6) are to be filled, the Chief may choose from the top nine (9) names). The Chief will notify the Board of the name of the candidate selected and the Board shall appoint that candidate as a probationary officer. The Police Chief at his or her discretion may choose to appoint an applicant for a police officer position, who has been awarded a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non - certified applicants, regardless of the certified applicant's position on the Eligibility List. 2. Declination Any candidate eligible for probationary appointment under these Rules and Regulations may, without removal from the Eligibility List, on one occasion decline an appointment tendered upon giving reasons in writing satisfactory to the Board. 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 or her name shall be removed from the Eligibility List. A second declination or failure to accept shall result in automatic removal from the Eligibility List, except if he /she is on active military duty. Probationary Terms 18 1. Police. Each police appointee shall be on probationary status from the date the appointee begins employment with the Police Department as a Police Officer and continue for a period of two (2) years from the date of the appointee's status verification as provided in Section K of this Chapter. 2. Fire. 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. K. Completion of Training Program for Probationary Employees; Possession of Valid Illinois Drivers License 1. 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 be grounds for dismissal. Extenuating circumstances may be reviewed by the Chief of Police and reported to and reviewed for action by the Board. 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. 2. Fire. Any probationary Firefighter who, during the initial one (1) year term of the probationary period, has not successfully completed the Office of the State Fire Marshal, Division of Personnel Standards and Education, approved Certified Basic Firefighter (FFII) Course, or who has a foreign state drivers' license and has not obtained a federal commercial driver's license, shall be dismissed from service. Any probationary Firefighter, who, within the initial Probationary period or any extension of that period, 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 Probationary Members 19 A probationary member may be discharged by the Chief of the respective department. The Chief shall notify the Board of the discharge. The discharge procedures set forth in Chapter 6 shall not be applicable to probationary members. M. 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). N. Emergency Appointments The Board, upon order of the Corporate Authorities, may make such temporary appointments as it shall deem necessary to protect the health, safety and welfare of the Village. In the case of a strike, walk -out, "blue -flu" or similarjob interference, such appointments shall extend for sixty (60) days with such thirty (30) day renewals as the Board shall determine to be necessary. 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. CHAPTFR �- PRmmnTinm; Section 1: P+ornotkm Promotion Procedures Common to Police and Fire. A. Establishment of Examinations for Police Department and Fire Department Except for promotions to the Suoervisory 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 W B. Notice of Examination for Police Department and Fire Department C. Review The written request for review must be delivered to the Secretary of the Board or his or her designated representative and must plainly state: 1. The phase of the promotional process for which review is being sou ht. 21 2. The reason(s) for the reauest for review. Reviews will be conducted at the Board's next meeting at which a -1 1^11 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 12 ''1 days of the original date of the filing of the request for review. Section 2: Police. Promotions within the d-Police Departments shall be accomplished in the following order and in accordance with the standards set forth in this chapter. 22 A.S°^ +�^^ -. Candidates Eligibility for Participation in Pre - Screening Examination A. lis . 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. B. Sestien 0: Pre - Screeninq Examinations 1A. 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 -B. Criteria and Scoring The criteria for the pre- screening examination shall be selected by the appropriate Chief 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 23 rating based on the candidate's past performance with the Department. G-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 1A. 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. o 2. Sestien 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 subject to the approval of the Board. No member of the panel shall be an employee of the Village of Mount Prospect. 3. 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 A. Leadership ability b g. Administrative skills c G. Oral and written communication skills 24 dD. 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. 4-Se.o +;on 9: Use of Assessment Center Panel Report and Selection of Candidate to Position aA. -off+ . 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 G. Selection of Police Candidate t^ EAher °n ^° ^r r° 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. Seetien 19: Probationary Period 25 A. °nlie . 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. Seetien 11: 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. RM Section 13: 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, I.A.F.F., AFL -CIO, currently effective through December 31, 2007, or as subsequently amended thereafter. Section 3. Fire. A. Eligibility All examinations for promotion shall be competitive among such officers of the Fire Department who shall have completed five (5) 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 subiect 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 percent (30 %) of the total points available shall be attributable to a departmental merit and efficiency ratino based on the candidate's cast erformance with the Department C. Assessment Center The candidates shall submit to an Assessment as set forth below: 1. Assessment Center Panel 27 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 Administrative skills C. Oral and written communication skills d. Ability to function satisfactorily in emergency situations; and e. Abilit I to supervise subordinates and to perform duties and functions in conformitv with the established goals of the appropriate department. 3. Use of Assessment Center Panel Report 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. FM Final Score. The final score shall be determined by a weighted formula pursuant to which the Ascertained Merit portion is thirty (30 %) percent of the score and the Assessment Center is seventy (70%) percent of the score and any available Veterans points are then added. 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 two ()) years from the date of posting. The Board shall make the appointments solely according to their rank on this List. Section 1: Suspension of Not More than Five (5) Days (Forty (40) Hours 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 Chief's 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 Chiefs 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. RE Section 3: Discharge, Demotion or Suspension of More than Five (5) Days. 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. 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. Section 5: Dispositions by the Board after Hearing 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: 30 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. 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: Hearina 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. 31 F. At the time and place of hearing, each party may be represented by counsel if that party so desires. G. 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. I. All witnesses shall be placed under oath prior to testifying. 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 A. Complaints 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. B. Notification of Hearing 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 32 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 commencement of the hearing and the time at which the accused was notified of the hearing. C. 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. 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. 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 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. Continuance Because of Inability to Serve Subpoenas 33 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 Charges, Objections 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. Sarvira 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. Filing 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. K. Forms of Paper All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the paper only. 34 2. If typewritten, 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 or her attorney. 5. If papers are filed by an attorney, they must include the attorney's name and address and telephone number. L. 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 Hearinq 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 9: Findings 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 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. 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 35 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. Section 4: Appeal and /or Review 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 as determined 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. If a leave of absence is granted during a probationary period for any reason whatsoever, the running of the probationary period shall be tolled until the probationary employee returns from the leave of absence. Any absence from duty other than authorized vacation, for longer than ten (10) consecutive days shall be deemed a leave of absence for purposes of tolling the probationary period. 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 36 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: Effect These Rules and Regulations dated supersede and replace all Rules and Regulations previously issued by the Board. These Rules and Regulations shall be in full force and effect after being duly adopted and published. DATE: Village President, Village of Mount Prospect Village Clerk 37 RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT COUNTY OF COOK, STATE OF ILLINOIS 11/29/10 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 .......................................................................... ..............................2 Section 1: Source of Authority .................................................................... ..............................2 Section 2: Construing these Rules and Regulations .................................. ..............................2 Section 3: Officers of the Board ................................................................. ..............................2 Section 4: Duties of the Board .................................................................. ............................... 3 Section5: Meetings .................................................................................... ..............................3 Section6: Quorum ..................................................................................... ..............................3 Section 7: Order of Business ..................................................................... ..............................3 Section 8: Rules of Procedure ................................................................... ..............................4 Section9: Motions ...................................................................................... ..............................4 Section 10: Amendments ............................................................................ ............................... 4 Section 11: Annual Summary ....................................................................... ..............................4 CHAPTER 2: HIRING OF NEW SWORN PERSONNEL ........................................ ..............................4 Section 1: Original Appointments ............................................................... ..............................4 Section 2: Examinations — Original Appointments .................................... ............................... 8 CHAPTER 3: PROMOTIONS ................................................................................ .............................15 Section 1: Summary of Procedures for Selecting Officers for Promotion . .............................15 Section 2: Establishment of Examinations ...... .........................Error! Bookmark not defined. Section 3: Notice of Examination .................... .........................Error! Bookmark not defined. Section 4: Candidates Eligibility for Participation in Pre - Screening Examination ...................16 Section 5: Pre - Screening Examinations .................................................... .............................17 Section 6: Candidates Eligible to Proceed to Assessment Center ........... .............................17 Section 7: Assessment Center Panel ........................................................ .............................17 Section 8: Assessment Center Process .................................................... .............................17 Section 9: Use of Assessment Center Panel Report and Selection of Candidate to Position 18 Section 10: Probationary Period ................................................................. .............................18 Section 11: List of Qualified Candidates ..................................................... .............................18 Section 12: Review ............. ............................... .........................Error! Bookmark not defined. Section 13: Fire Lieutenant Promotions ............ .........................Error! Bookmark not defined. CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DISCHARGES 20 Section 1: Suspension of Not More than Five (5) Days (Forty (40) Hours) ......................20 Section 3: Discharge, Demotion or Suspension of More than Five (5) Days ....................20 Section 4: Pre - Hearing Suspension .......................................................... .............................21 Section 5: Dispositions by the Board after Hearing .................................. .............................21 Section6: Demotions .............................................................................. ............................... 21 Section 7: Hearing Procedures ................................................................. .............................21 Section 8: Pre - Hearing Procedure ............................................................ .............................22 Section 9: Findings and Order .................................................................. .............................25 CHAPTER 5: GENERAL ........................................................................................ .............................25 Section1: Rules ...................................................................................... ............................... 25 Section 2: Additional Powers of the Board ................................................ .............................25 Section 3: Violation of Rules or Laws ........................................................ .............................25 Section 4: Appeal and /or Review ............................................................ ............................... 25 Section 5: Leave of Absence .................................................................. ............................... 25 Section 6: Political Contributions ............................................................... .............................26 Section 7: Political Activities ...................................................................... .............................26 Section8: Effect ...................................................................................... ............................... 26 11/29/10 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 President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois on 1 2010. 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 5, Article III of the Mount Prospect Village Code. The sole authority to determine whether a person meets any criterion or standard set forth in these Rules and Regulations shall be vested in the Board of Fire and Police Commissioners. Section 2: Construing these Rules and Regulations A. The word "Board" shall mean the Board of Fire and Police Commissioners of the Village of Mount Prospect. B. The word "Officer" 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. 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. D. The word "firefighter" shall mean firefighter /paramedic. E. The word "Village" shall mean Village of Mount Prospect. F. "Corporate Authorities" shall mean the President and Board of Trustees of the Village of Mount Prospect. G. "Village Code" shall mean the Village of Mount Prospect Code. Section 3: Officers of the Board The Village President shall annually appoint a chairperson. The chairperson shall be the presiding officer at all meetings. The chairperson shall hold office for one full year and until a successor is duly appointed or elected and qualified. The Village Manager shall appoint a Village employee to act as the recording secretary to the Board. The recording 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. 11/29/10 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 2. Fire Department: Lieutenant 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. No examination required under these Rules and Regulations may take into consideration a candidate's political or religious opinions. Section 5: Meetings A. Regular meetings shall be held monthly, scheduled at the mutual convenience of the Board members. Notice shall be posted and meetings shall be open to the public. B. Special meetings shall be open. Notice of a special meeting shall be posted forty -eight (48) hours prior to convening. A meeting may be called by the filing of a notice, in writing, with the recording secretary and signed either by the chairperson of the Board or, in the event of the absence of the chairperson, a member of the Board. This notice shall contain a brief statement of the business to be submitted for the consideration of the Board at such special meetings. It shall set forth the time and place of such special meeting. No other business shall be considered at such special meeting unless by unanimous consent of the Board. C. During any regular or special meeting, a closed session may be held upon a proper motion made by any single member of the Board for the purpose of discussing personnel. No closed session may be held at a special meeting unless the closed session is noted on the agenda. Closed sessions may be limited to Board members and such invited persons as the Board may deem necessary. The secretary will record the motion to close the meeting and keep minutes of the closed session. Closed sessions shall be taped, audibly or visually, with said tapes being maintained for a period not less than 18 months. D. Public notice of any regularly scheduled or special meeting shall be held in accordance with the Open Meetings Act, Illinois Compiled Statutes, Chapter 5, §120/1- 120/5. 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. Section 7: Order of Business The order of business at any meeting shall typically be as follows: I. Approval of the minutes II. Police Department Update 11/29/10 III. Fire Department Update IV. Closed Session V. Old Business VI. New Business VII. Adjournment Section 8: Rules of 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 on the motion. Section 10: Amendments Any amendment to these Rules and Regulations must be approved by the Corporate Authorities. All such amendments shall be printed for distribution and published in the manner provided by the Corporate Authorities for the publication of ordinances. Section 11: Annual Summary The Chairperson of the Board shall present annually its State of the Board of Fire and Police Commissioners address at a regularly scheduled Village Board meeting. CHAPTER 2: HIRING OF NEW SWORN PERSONNEL Section 1: Original Appointments A. Exclusive Method of Appointment Original appointments to the Police and Fire Departments ( "Departments ") shall be made only as set forth in these Rules and Regulations. B. Applications, General. 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 either 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. 11/29/10 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 prior to the original deadline date. C. Application All applicants shall complete a pre - application. These applications may be obtained from the respective 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 pre - application with the Board by the established deadline. D. Disqualification 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; 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 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. 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; 11/29/10 j. theft as defined in Section 16 -1; k. retail theft as defined in Article 16A; I. 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; V. compounding a crime as defined in Section 32 -1. 7. to have been dismissed for cause, from any public service position; 8. to have character or employment references which are deemed to be unsatisfactory; 9. to have failed to satisfy any step in the test process including, whenever applicable, failure to attend a Mandatory Applicant Orientation meeting; 10. to have failed to fulfill any of the requirements for applicants which are set forth in these rules and regulations; 11. to not possess a valid driver's license at any stage of the selection procedure. 12. to have been classified by the local Selective Service Draft Board as a conscientious objector, or who has ever been so classified; 13. to, in the reasonable opinion of the Board, be otherwise unqualified for service in the Fire Department or Police Department; 14. to have been dishonorably discharged from military service. 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. E. Age Requirements 1. Police. All applicants must have attained the age of twenty -one (21) years, but not more than thirty -five (35) years of age at the time of the application deadline. The maximum age limitation shall not apply to any person previously employed as a full time Police Officer in a 11/29/10 regularly constituted Police Department, municipality, or to any person who has served as an auxiliary Police Officer under 65 ILCS 10- 3.1 -30 20 for at least five (5) years and is under forty (40) years of age. If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Police Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has attained the age of thirty -six (36) years shall be inducted as a member of the Police Department. 2. Fire. All applicants must have attained the age of twenty - one (21) years, but not more than thirty -four (34) years of age at the time of application deadline. The maximum age limitation shall not apply to any person currently employed as a full time firefighter in a regularly constituted fire department (i) of any municipality or (ii) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Illinois Fire Protection District Act, or to any person who has served a municipality as a regularly enrolled volunteer 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 (65 ILCS 10- 2.1 -6). If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Fire Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has attained the age of thirty - five (35) years shall be inducted as a member of the Fire Department. F. Education 1. Police. Applicants for original appointment to the Police Department must possess a high school diploma or its equivalent as recognized by an appropriate state authority and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non - disability service as a police officer with another full time, officially constituted and sanctioned Police Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of active military duty for the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1(D) of these Rules and Regulations. C. Ten (10) hours of college equivalency credits for each full twelve (12) months of employment by the Village of Mount Prospect Police Department as a community service officer up to a maximum of twenty (20) hours. 11/29/10 d. Thirty (30) college equivalency semester hours for demonstrating fluency in any language prevalent in the Mount Prospect Police 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. 2. Fire. Applicants for original appointment to the Fire Department must possess a high school diploma or its equivalent as recognized by the State of Illinois and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non - disability service as a full time firefighter with another officially constituted and sanctioned Fire Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of engagement in the military service of the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1(D) of these Rules and Regulations. C. Thirty (30) college equivalency semester hours for demonstrating fluency in a language prevalent in the Mount Prospect Fire 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 to specific language prevalence and for standards and evaluation of fluency. d. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Emergency Medical Technician /Paramedic. e. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Basic Firefighter (Firefighter II). Section 2: Examinations — Original Appointments A. Release of Liability 11/29/10 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, and locally advertised in accordance with the laws of the State of Illinois. 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. C. Examinations The Board shall call for examinations to fill existing or prospective vacancies in the Police and Fire Departments. The Board shall determine: 1. 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. 3. The position to be filled from the resulting eligibility list. D. Phases of Examinations /Evaluations All applicants for original appointment as Officers in the Fire Department or Police 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. Orientation (Police Only) This may include a written test tutorial, a preliminary Physical Aptitude Test or other Physical Ability Test and information specific to the current testing protocols. 2. Written Examinations a. Information (Police Only). Information as to the type of written examination employed by the Board will be provided as part of the Police Department orientation program. b. Property of Board. All examination papers shall be and remain the property of the Board. The grading by the 11/29/10 Board shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. C. Outside Vendor The Board may select an outside vendor to administer the written test. In such an instance the vendor shall consult with the appropriate Chief. Final approval of the written test shall rest with the Board. d. Scoring Candidates who have a final written test aggregate score of less than 80 shall be eliminated from further consideration. However, under no circumstances shall a score of 80 or higher guarantee an applicant for the advancement of the testing process. 3. Application to Proceed a. All persons who have not been eliminated after the written examination shall be so notified, by regular mail or e-mail, by the Board. Those who wish to proceed must file an Application to Proceed with the Board by the established deadline. Applications shall be addressed to the Board and filed with the secretary or any other person designated by the Board. The secretary or designee shall specify the date and time the application was received. The Board shall then select, in order of scores achieved on the written test, the number of applicants who may proceed to the Oral Interview process. b. Police Only. Irrespective of any other standard, the Board will have the discretion to invite to the Oral Interview all police candidates who are certified as set forth in subparagraph 1(2) below, so long as such certified candidates have scored 80 or above on the written test. Such invited candidates will be added to the initial number of oral interviews authorized by the Board. 4. Oral Interview The oral interview process shall be conducted by the Interview Panel. The Interview Panel will consist of Commission members and two (2) individuals appointed by the Chief of the department for which the testing is being performed. At least one (1) Commission member must participate along with the appointed individuals. Each member of the Interview Panel will have equal voting privileges. The Commission member(s) will select the chairperson for the efal Interview Panel, which shall be a Commission member. Questions shall be asked of the candidates that will enable the panel members to properly evaluate and score the candidates on speech, alertness, ability to communicate, judgment, emotional stability, self - confidence, social skills, and any other traits deemed appropriate for the position. Prior to the final scoring by the Interview Panel, the members will discuss each candidate's demonstrated ability and overall fitness. Each member of the Interview Panel will provide his /her scores to the Interview Panel chairperson. 11/29/10 Candidates who have not achieved a final score of 80 or above (as determined by the evaluators) will be eliminated from further consideration. Under no circumstances shall a score of 80 or above guarantee an applicant further advancement in the testing process. 5. Background Investigation 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. 6. Physical Aptitude Test a. Police. After a conditional offer of employment, police officer applicants must take and pass a Physical Aptitude Test as selected by the Board. Failure of the Physical Aptitude Test will eliminate the applicant from further consideration. b. Fire. Candidate Physical Ability Test (CPAT). Applicants must submit proof of having successfully completed the CPAT within the past twelve (12) months. Failure to provide such proof will eliminate the applicant from further consideration. 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 of Illinois. The psychologist conducting the evaluation shall have received training to understand the specific needs of the Fire or Police 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 Police or Fire Department. 8. Polygraph 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 Police or Fire Department. 9. 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 Police or Fire Department. 11/29/10 10. Other Evaluations Applicants may be required to submit to other evaluations which relate to the performance of public service positions. Notwithstanding any other criteria or requirements of this Chapter 2, the Board shall at all times retain the sole authority to establish the number of applicants to proceed from one phase of the examination to the next. E. Initial Eligibility List The Board will prepare an "Initial Eligibility List" of the Candidates successfully completing the required phases. The candidate's Initial Eligibility List score shall be the average of the final written and final oral examination scores. Candidates shall be ranked on the Initial Eligibility List in the order of such average scores. A dated copy of the Initial Eligibility List shall be sent to each candidate completing the Oral Interview. F. Preference Points Available Points An applicant for an entry level position in the Fire Department may be awarded five (5) points if the applicant was engaged in active service with the Mount Prospect Fire Department as a Paid -On -Call Firefighter for a minimum of three (3) years. Such 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. No other preference points shall be awarded for entry into the Fire Department. No preference points shall be awarded for entry into the Police Department or for promotion to Police Sergeant. 2. Time and Method of Claimina Preference Points Each fire applicant eligible to claim preference points (identified in Section 2, F.1.) must submit his /her claim for that preference in writing to the Board within ten (10) days after the posting of Initial Eligibility List. 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. G. Final Eligibility List The Chairperson will prepare a "Final Eligibility List" which shall, for fire candidates, include claimed preference points. Approval of the list by the Chairperson shall not require that a formal Board meeting be held. In the event of a tie score, the placement of the tied candidates' names on the eligibility list shall first be determined by the highest written test score and then in whatever manner the Board determines prior to commencement of the testing process. 11/29/10 2. A dated copy of the Final Eligibility List shall be sent to each Candidate on such List. H. Eligibility List — Original Appointments 1. Police. This Final Eligibility List shall remain in effect until one of the following events occur: (1) two (2) years have passed from the date of posting; (2) the Eligibility List is exhausted; or (3) a new examination has been given and a new Eligibility List has been certified and posted. In the event a new List is prepared prior to the passage of two (2) years, those applicants who remained on the prior List shall be required to retest along with all other applicants and placement on a prior List shall not be a factor in determining the placement on the new List. 2. Fire. This Eligibility List shall remain in effect for two (2) years or until the Eligibility List is exhausted. Testing shall occur every two (2) years or as determined by the Board. The Eligibility List shall be updated if tests occur more frequently than every two (2) years. In the event that a new List is prepared prior to the passage of two (2) years, those applicants who were placed on the List for less than two (2) years shall be placed on the new List. Rank order of placement on a prior List shall not be a factor in determining the rank on the new List. Applicants shall be placed on the new Eligibility List in order of their relative excellence solely as determined by test scores. No applicant shall be eligible for retesting so long as that applicant's name is to remain on an Eligibility List pursuant to this subsection 2. Scores shall also be adjusted when applicants become eligible for identified preference points. 3. The Board may extend the life of an eligibility list upon majority vote at the board meeting prior to the scheduled termination date. Appointment of Probationary Members from Eligibility List; Declination Appointment All original appointees to the Fire or Police Department shall be selected on a probationary basis by the appropriate Chief from the Eligibility List. The selection shall be made from the current top four (4) candidates on the Eligibility List. When fewer than four (4) names remain on the list, all of that number shall be eligible for appointment. If there is more than one opening to be filled, the Chief may choose from the number of candidates at the top of the list that is three (3) more than the number of openings to be filled. (Example: if three (3) openings are to be filled, the Chief may choose from the top six (6) names; if six (6) are to be filled, the Chief may choose from the top nine (9) names). The Chief will notify the Board of the name of the candidate selected and the Board shall appoint that candidate as a probationary officer. The Police Chief at his or her discretion may choose to appoint an applicant for a police officer position, who has been awarded 11/29/10 a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non - certified applicants, regardless of the certified applicant's position on the Eligibility List. 2. Declination Any candidate eligible for probationary appointment under these Rules and Regulations may, without removal from the Eligibility List, on one occasion decline an appointment tendered upon giving reasons in writing satisfactory to the Board. 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 or her name shall be removed from the Eligibility List. A second declination or failure to accept shall result in automatic removal from the Eligibility List, except if he /she is on active military duty. Probationary Terms 1. Police. Each police appointee shall be on probationary status from the date the appointee begins employment with the Police Department as a Police Officer and continue for a period of two (2) years from the date of the appointee's status verification as provided in Section K of this Chapter. 2. Fire. 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. K. Completion of Training Program for Probationary Employees; Possession of Valid Illinois Drivers License 1. 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 be grounds for dismissal. Extenuating circumstances may be reviewed by the Chief of Police and reported to and reviewed for action by the Board. 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. 2. Fire. Any probationary Firefighter who, during the initial one (1) year term of the probationary period, has not successfully completed the Office of the State Fire Marshal, Division of Personnel Standards and Education, approved Certified Basic Firefighter (FFII) Course, or who has a foreign state drivers' license and has not obtained a federal commercial driver's license, shall be dismissed from service. Any probationary Firefighter, who, within the initial Probationary period or any extension of 11/29/10 that period, 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 Probationary Members A probationary member may be discharged by the Chief of the respective department. The Chief shall notify the Board of the discharge. The discharge procedures set forth in Chapter 6 shall not be applicable to probationary members. M. 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). N. Emergency Appointments The Board, upon order of the Corporate Authorities, may make such temporary appointments as it shall deem necessary to protect the health, safety and welfare of the Village. 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. 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. CHAPTFR 3• PROMOTIONS Section 1: Promotion Procedures Common to Police and Fire. A. Establishment of Examinations for Police Department and Fire Department 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 11/29/10 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 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. 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. A. Candidates Eligibility for Participation in Pre - Screening Examination 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. 11/29/10 B. Pre - Screening Examinations 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. Criteria and Scorinq The criteria for the pre- screening examination shall be selected by the appropriate Chief 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 rating based on the candidate's past performance with the Department. 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. 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. 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 11/29/10 e. Ability to supervise subordinates and to perform duties and functions in conformity with the established goals of the appropriate department. 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. Probationary 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. Section 3. Fire. A. Eligibility All examinations for promotion shall be competitive among such officers of the Fire Department who shall have completed five (5) 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 11/29/10 (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 percent (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. 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. 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. Use of Assessment Center Panel Report 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 11/29/10 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 pursuant to which the Ascertained Merit portion is thirty (30 %) percent of the score and the Assessment Center is seventy (70 %) percent of the score and any available Veterans points are then added. 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 two (2) years from the date of posting. The Board shall make the appointments solely according to their rank on this List. CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DISCHARGES Section 1: Suspension of Not More than Five (5) Days (Forty (40) Hours 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: Discharge, Demotion or Suspension of More than Five (5) Days. 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 11/29/10 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. 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. Section 5: Dispositions by the Board after Hearing 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: 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. 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 11/29/10 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. G. 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. I. All witnesses shall be placed under oath prior to testifying. 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 A. Complaints 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 11/29/10 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. Notification of Hearing 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 commencement of the hearing and the time at which the accused was notified of the hearing. C. 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. 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. 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 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. F. Continuance Because of Inability to Serve Subpoenas 11/29/10 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 Charges, Objections 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. 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. J. Filing 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. K. Forms of Paper 1. 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. 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 or her attorney. 5. If papers are filed by an attorney, they must include the attorney's name and address and telephone number. 11/29/10 L. 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 9: Findings 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 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 5: 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. Section 4: Appeal and /or Review 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 11/29/10 Leaves of absence shall be granted by reason of military service or temporary duty - related disability as determined 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. If a leave of absence is granted during a probationary period for any reason whatsoever, the running of the probationary period shall be tolled until the probationary employee returns from the leave of absence. Any absence from duty other than authorized vacation, for longer than ten (10) consecutive days shall be deemed a leave of absence for purposes of tolling the probationary period. 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 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: Effect These Rules and Regulations dated supersede and replace all Rules and Regulations previously issued by the Board. These Rules and Regulations shall be in full force and effect after being duly adopted and published. DATE: Village President, Village of Mount Prospect Village Clerk 11/29/10 MAYOR I t Wont Pmspc Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A. John Korn John J. Matuszak Steven S. Polit Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 TO: MAYOR IRVANA K. WILKS AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: JANUARY 27, 2011 SUBJECT: PEI WEI ASIAN DINER 1021 N. ELMHURST RD. NEW CLASS "F2' LICENSE VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 worm mountprospect.org On Thursday, January 20, 2011 the Village Manager met with District Manager Kate Pendergast, Site Manager Ms. Hillori Geissler and Assistant Managers Mr. Eduardo Neoomuceno and Ms. Robyn Cot6 regarding Pei Wei's request for the creation of a new Class "F -2" liquor license at its newly constructed Randhurst Shopping Center location. The "F2" designation provides for the service of beer and wine at tables only. Pei Wei Asian Diner is a national restaurant chain owned by P. F. Chang's and offers a modest selection of freshly prepared Asian items influenced by the cuisines of China, Japan, Korea, Vietnam, and Thailand. The Mount Prospect location will be one of only three locations located in Illinois. The total building square footage is 3,025 square feet indoor with an estimated 41 tables and an additional 625 square foot outdoor patio. Pei Wei currently plans to serve lunch and dinner seven days a week with operational hours of 11:00 a.m. -10:00 p.m. The Village Manager discussed at length with Ms. Pendergast, the Village's particular sensitivity to the sale of alcohol to minors, especially in light of its proximity to Prospect High School, and over - service to intoxicated individuals. The Village Manager indicated that Ms. Pendergast was responsible for the actions of all employees and managers. Mr. Janonis also covered the Village's Fight Ordinance requirements with the managers and all indicated that they have completed a certified liquor servers' course as a condition of issuing the license. A completed application as well as all other required documentation is on file. Ms. Pendergast and Ms. Geissler have submitted to background checks and fingerprints in association with the Pei Wei liquor license. As required by the Liquor Code all managers and individuals involved with the sale and service of alcohol must complete a certified liquor servers training course. If the Village Board views this application favorably, an Ordinance creating a new Class "F2" License would need to be adopted. \ ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT 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 POWERS: SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized. Said list is hereby amended by increasing the number of Class "F -2" Liquor Licenses by One (1): PEI WEI ASIAN DINER INC. d /b /a PEI WEI ASIAN DINER 1021 N. ELMHURST ROAD. Said list is as follows: Five (5) Class P -1 License Seven (7) Class P -2 Licenses Three (3) Class P -3 Licenses Zero (0) Class P -4 Licenses Zero (0) Class P -5 License Thirteen (13) Class F -1 License Nine (9) Class F -2 License Sixteen (16) Class F -3 License One (1) Class F -4 License Three (3) Class F -5 License Two (2) Class F -6 License One (1) Class S -1 License One (1) Class S -2 Licenses Three (3) Class S- 31-icenses One (1) Class S- 41-icense One (1) Class S -5 License (with conditions as attached to License) SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2011. Mayor ATTEST: Village Clerk Class Establishment Number P1 Balzano Liquors; Gold Eagle Liquors; Jay Liquors; 5 Mt. Prospect Liquors; D &H Liquors P2 Costco; Dominick's; Fiesta Market, Garden Fresh Market 7 Osco Drug Store, CVS Pharmacy, Wal- Mart#1681 P3 Aldi; Walgreens #00209 (Kensington); Walgreens #05107 (Elmhurst) 3 P -4 0 P5 0 F -1 Chipotle Mexican Grill; Chungkiwa Restaurant; Cuisine of India; Fellini; 13 House of Szechwan; Izakaya Sankyu; Las Islas Marias; LePeep Cafe; Little America; New Pusan Restaurant; Sakura; Torishin; Taqueria Los Arcos F -2 Arnie Salerno's Pizzeria; Avanti Cafe and Sandwich Bar; Frankie's Fast Food; 9 Mr. Beef & Pizza; Photo's Hot Dogs; Panzano's Pizza, Pasta & More; Pei Wei Asian Diner, Sankalp, Tortas Locas F -3 Bar Louie; Blues Bar, Bogie's Ale House; Buffalo Wild Wings Grill and Bar; 17 Canta Napoli; Dae Jang Kum; El Sombrero; Jake's Pizza; Jameson's Charhouse; Kampai; Mariscos El Veneno; Mina Restaurant; Mrs. P & Me; Pap's Grill & Bar; Retro Bistro; Rokudenashi; Sam's Place; F -4 Prospect Moose Lodge 1 F -5 Bristol Court Banquet Hall; Emerald Banquets; Victoria in the Park 3 F -6 Mt. Prospect Park District -Golf Course 2 Prospect Heights Park District S -1 Holiday Inn - Randhurst Banquet Hall, 1 S -2 Brunswick Zone 1 S -3 Lety's Sport Bar & Grill; Moretti's; Ye Olde Town Inn 3 S -4 Vino 100 1 S -5 Nina 1 67 MAYOR V Mount Prospe Irvana K. Wilks TRUSTEES Paul Wm. Hoefert Arlene A. Juracek A.John Korn John J. Matuszak Steven S. Polit Michael A. Zadel Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 TO: MAYOR IRVANA K. WILKS AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: JANUARY 26, 2011 SUBJECT: SANKALP RESTAURANT (FORMERLY QUIZINO'S), 1014 S. ELMHURST ROAD REQUEST FOR CLASS "F2" LIQUOR LICENSE VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK M. Lisa Angell Phone: 847/392 -6000 Fax: 847/392 -6022 TDD: 847/392 -6064 zuww mountprospect.org On Friday, January 21, 2011, the Village Manager met with Messrs. Chetan Patel, Vishun Patel and Narshibbai Patel regarding Mr. Chetan Patel's request for the creation of a new Class "72" Liquor License for the above - referenced restaurant. The "F2" designation provides for the service of beer and wine at tables only. Mr. Patel owns the regional rights for this Indian franchise and the Mount Prospect location will be the first in Illinois. Messrs. Patel currently own several Subway restaurants, however, Sankalp will be their first restaurant with alcohol service. The theme for the restaurant will be "Southern Indian fast food ". The total building square footage is 1,600 square feet with an estimated 15 tables. The restaurant will be open seven days a week Sunday through Thursday from 10:00 a.m. to 10:00 p.m. and until 11:00 p.m. on Friday and Saturday. The Village Manager discussed at length with the applicants the Village's particular sensitivity to the sale of alcohol to minors and over service to clearly intoxicated individuals. The Village Manager also indicated that the applicants were responsible for the actions of all employees and managers. Mr. Janonis also covered the Village's Fight Ordinance requirements. Messrs. Patel all indicated that they have completed a certified liquor servers' course as a condition of issuing the license. A completed application as well as all other required documentation is on file. Messrs. Patel all have submitted to background checks and fingerprints in association with the Sankalp liquor license. As required by the Liquor Code all managers and individuals involved with the sale and service of alcohol must complete a certified liquor servers training course. If the Village Board views this application favorably, an Ordinance creating a new Class "72" License would need to be adopted. NIS MEJ /dj Class Establishment Number P1 Balzano Liquors; Gold Eagle Liquors; Jay Liquors, 5 Mt. Prospect Liquors; D &H Liquors P2 Costco; Dominick's; Fiesta Market, Garden Fresh Market 7 Osco Drug Store, CVS Pharmacy; Wal- Mart#1681 P3 Aldi; Walgreens #00209 (Kensington); Walgreens #05107 (Elmhurst) 3 P -4 0 P5 0 F -1 Chipotle Mexican Grill; Chungkiwa Restaurant; Cuisine of India; Fellini; 13 House of Szechwan; Izakaya Sankyu; Las Islas Marias; LePeep Cafe; Little America; New Pusan Restaurant; Sakura; Torishin; Taqueria Los Arcos F -2 Arnie Salerno's Pizzeria; Avanti Cafe and Sandwich Bar; Frankie's Fast Food; 8 Mr. Beef & Pizza; Photo's Hot Dogs; Panzano's Pizza, Pasta & More; Sankalp, Tortas Locas F -3 Bar Louie; Blues Bar, Bogie's Ale House; Buffalo Wild Wings Grill and Bar; 17 Canta Napoli; Dae Jang Kum; El Sombrero; Jake's Pizza; Jameson's Charhouse; Kampai; Mariscos El Veneno; Mina Restaurant; Mrs. P & Me; Pap's Grill & Bar; Retro Bistro; Rokudenashi; Sam's Place; F -4 Prospect Moose Lodge 1 F -5 Bristol Court Banquet Hall; Emerald Banquets; Victoria in the Park 3 F -6 Mt. Prospect Park District -Golf Course 2 Prospect Heights Park District S -1 Holiday Inn - Randhurst Banquet Hall, 1 S -2 Brunswick Zone 1 S -3 Lety's Sport Bar & Grill; Moretti's; Ye Olde Town Inn 3 S -4 Vino 100 1 S -5 Nina 1 66