HomeMy WebLinkAboutRes 16-17 05/16/2017 Adoption of Amended Rules and Regulations - Board of Fire and Police CommissionersRESOLUTION NO. 16-17
A RESOLUTION AUTHORIZING THE ADOPTION OF THE
AMENDED RULES AND REGULATIONS OF THE
BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT PROSPECT ILLINOIS
WHEREAS, the Board of Fire and Police Commissioners of the Village of Mount Prospect
derives its power and authority from the Mayor and Board of Trustees of the Village of Mount
Prospect acting pursuant to its home rule powers, particularly from but not limited to Chapter 5,
Article III of the Mount Prospect Village Code; and
WHEREAS, any amendment to the Board of Fire and Police Commissioners Rules and
Regulations must be approved by the corporate authorities; and
WHEREAS, the corporate authorities of the Village of Mount Prospect determined that it was in
the best interests of the Village to authorize adoption of the Amended Board of Fire and Police
Commissioners Rules and Regulations; attached as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
„Q E, That the Mayor and Board of Trustees of the Village of Mount Prospect, Cook
County, Illinois, have reviewed and approve the Amended Rules and Regulations of the Board
of Fire and Police Commissioners, attached as Exhibit "A" and made part of this resolution.
SECTIQN TWO: That this Resolution shall be in full force and effect from and after its passage
and approval in the manner provided by law.
AYES: Grossi, Hatzis, Hoefert, Rogers, Saccotelli, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 16th day of May, 2017.
Arlene A. Juracek
Mayor
ATTEST:
Karen Agoranos
Village Clerk
RULES AND REGULATIONS
OF THE
BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT PROSPECT.,
COUNTY OF COOK, STATE OF ILLINOIS
As Amended: Moray 16, 201„7
p�L1
K"C.f: 1 2794851_1I15.
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 I:
ADMINISTRATION
Section 1:
Source of Au thor1
Section 2:
Co en...aultions
1
Section 3:
Officers of the Board
..w�.._W_...........
2
............_..._....�.,.,...rv,
Section 4:
Duties of the Board
2
Section 5:
Meetings
2
Section 6:
Quorum
3
Section 7:
Order of Business
_....__........... ......... ...M..M
3
Section 8:,
Rules ofProcedure3
Section 9:
Motions
3
Section 10:
Amendments
3
Section 11
Annual Summary
4
CHAPTER 2:
HIRING OF NEW PERSONNEL
Section 1:rl
4ng1 A oginfr ie— is oli e gLtr ent
5
Section :
Examination druown dW c irl(rr e ts�_Cegl,ic De ; rtmg t);
10
Section :
La erai..A.00crum0,�rn ut ,, pl.Lcq 0 arta rpt
19
Section
tri anal AP oirat rent ,,,( iu` D i mnrrt
—q -
23
Section :
Examination —0 jLwry lje ctra�rn nts. repoat raor7t
27
CHAPTER 3:
PROMOTIONS
Section 1:
Prorruetion m Procedures re ommon to Potice and Fero
37
Section 2:
Police
38
Section 3:
Fire
41
CHAPTER 4:
CHARGI kEARING OP CIARGES REMOVALS
SU PENSNONS AND DISCHARGES
Section 1:
St nsiorr_of iotmt N_ . h , i o1 pays
43
Section 2:
ApPalOProess
43
Section 3:
DlchrDerotioru„orStrsoonsion f_%Na2u than dive 5N3s
43
Section 4:
Pre��Heariru urn"ensign
44
Section 5:
Cis rosltions b Boardmafter l-G',eani!n
44
Section 6:
Demotions
44
Section 7:
Hearino Procedures
45
Section 8,µ
Pre -Hearin -Ero educe
46
Section 9:
Findinnos andiOrder
49
CHAPTER5:
GENERAL
Section 1:
Rules
50,
Section 2:
Additional Powers of the Board
......................
50
Section 3:
Violation of Rules or Laws
50
Section 4:
AePeaGogct/or review
50
Section 5:
Leave of Absence
50
Section 6:
Political Contributions
50
Section 7:
Political Activities
51
Section 8:
Retirement
5,1
Section 9:
Effect
51.
KTJ: 27940-15.
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 July 4-g; 201 l y
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.
pg_1
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
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.
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
Z 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, nor may any
candidate be examined concerning, 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
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KTJ: 279485 15
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. Citizens to be heard
III. Police Department Update
IV. Fire Department Update
V. Closed Session
VI. Old Business
VII. New Business
VIII. 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
Pg_3
K,ri: 279485 15
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.
p�L4
KTT 279485.-1151
CHAPTER 2: HIRING OF NEW SWORN PERSONNEL
Section 1: Original Appointments — Police Department
Original appointments to the Police Department ("Police
Department") 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 the Police 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 police 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.
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:
to be incapable of performing the physical tasks required of
the position to which the applicant seeks appointment;
cpgL5
KTJ: 279485 15
2. to be a person who is currently misusing or abusing
intoxicating beverages or prescription drugs;
3. to have been a user of any illegal drug or narcotic, other than
Cannabis Sativa, as defined in Illinois Compiled Statutes Ch.
720, Sec. 570 et seq., and not legally prescribed by a
physician within the past three years;
4, to have been a user of Cannabis Sativa in the past twelve
(12) months;
5 to be addicted to the use of intoxicating beverages or drugs
and not in a certified program of recovery or be able to prove
a current status of recovery from the addiction,
6, To be a habitual gambler;
7. to have been found guilty of a felony or any of the following
misdemeanors:
The following references are to Illinois Compiled Statutes,
Ch. 720, and shall include any similar offenses as defined by
other jurisdictions.
a. criminal sexual abuse as defined in Section 11-1.50;
b. indecent solicitation as defined in Section 11-6;
C. public indecency as defined in Section 11-9;
d. prostitution as defined in Section 11-14;
e. promoting prostitution as defined in Section 11-14.3;
f. soliciting a prostitute as defined in Section 11-15;
g. keeping a place of prostitution as defined in Section
11-17;
h. patronizing a prostitute as defined in Section 11-18;
i. pimping as defined in Section 11-19;
j. public indecency as defined in Section 11-30;
k. adultery as defined in Section 11-35;
I. aggravated assault as defined in Section 12-2;
M. intimidation as defined in Section 12-6;
n. eavesdropping as defined in Section 14-4;
o. theft as defined in Section 16-1;
P. retail theft as defined in Article 16A;
q. deceptive practices as defined in Article 17;
r. unlawful use of weapons, as defined in Section 24-
1(a) (1), (6) and (8)
S. unlawful sale of firearms as defined in Section 24-3;
p_q.-6
KIT 27948515
t. unlawful possession of firearms and ammunition as
defined in Section 24-3.1,
U. defacing firearm identification marks as defined in
Section 24-5;
V. mob action as defined in Section 25-1;
W. keeping a gambling place as defined in Section 28-3;
X. bribery as defined in Article 29;
Y. resisting or obstructing a peace officer as defined in
Section 31-1;
Z. obstructing justice as defined in Section 31-4;
aa, escape or failure to report for periodic incarceration as
defined in Section 31-6;
bb. aiding escape as defined in Section 31-7;
cc. interference with judicial proceedings as defined in
Section 32-1, -2, -3, -4, -8;
dd. battery in Section 12-3;
ee. domestic battery in Section 12-3.1.
& to have been dismissed for cause, from any public service
position;
9, to have character or employment references which are
deemed to be unsatisfactory;
10. to have failed to satisfy any step in the test process
including, whenever applicable, failure to attend a Mandatory
Applicant Orientation meeting;
11to have failed to fulfill any of the requirements for applicants
which are set forth in these Rules and Regulations;
12, to not possess a valid driver's license at any stage of the
selection procedure.
11 to have been classified by the local Selective Service Draft
Board as a conscientious objector, or who has ever been so
classified;
14, to, in the reasonable opinion of the Board, be otherwise
unqualified for service in the Police Department;
15. to have been dishonorably discharged from military service;
16, to have knowingly received test information in advance of an
examination.
Pg. 7
K"CJ: 279485 l5
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.
1. 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.
Applicants who are US military veterans shall be allowed to exceed
the maximum age limitation of this provision by the number of years
of active military service, but by no more than ten (10) years of
active military service.
The age limitation of this provision does not apply to any applicant
previously employed as a police officer in a regularly constituted
police department of any municipality, regardless if the municipality
is located in Illinois or another state, to any applicant who has
served as a sworn officer as a member of the Illinois Department of
State Police, or to any applicant who has served as a deputy under
Section 3-6008 of the Counties Code and otherwise meets
necessary training requirements of a police officer.
Applicants who have served as an auxiliary police officer under 65
ILCS 5/3.1-30-20 for at least five (5) years and are under the age of
forty (40) years of age prior to the application deadline shall be
permitted to apply for a position as Police Officer.
2. 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 expires or is
exhausted. Otherwise, no person who has attained the age of
thirty-six (36) years shall be inducted as a member of the Police
Department, except as indicated in paragraph 1 above.
The applicant shall submit proof of successful completion of a
physical ability test by presenting a valid certificate card obtained
within the six months prior to the application deadline. The Board
Pq� 8
6CI7: 2794,85 l 5
reserves the right to designate the preferred administrators of the
physical ability test.
G. Education
1. 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, 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.
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K"CP:2719485 Qs
Section 2: Examinations — Original Appointments — Police Department
All applicants shall execute and deliver to the Board, a release in
favor of the Village of Mount Prospect, and each of its officers,
agents and employees, relative to all liability, loss, damage or
expense that may arise as a result of or in connection with the
applicant's participation in the examination procedure. The release
shall be in a form prescribed by the Board.
B. Notice of Examination
Examinations shall be held on the dates fixed by the Board.
Notice of the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the Board by a publication at least 2 weeks
preceding the examination: (i) in one or more newspapers
published in the Village, or if no newspaper is published
therein, then in one or more newspapers with a general
circulation within the Village; or (ii) on the Village's internet
website. Additional notice of an examination may be given
by the Board.
2. Examinations may be postponed, however, by order of the
Board or its designee. The order shall state the reason for
such postponement and shall designate a new date for the
examination. Applicants shall be notified of the
postponement of any examination and of the new date fixed
for the examination.
3. Unless otherwise specifically provided, any notice required
by this Chapter may be by personal service, U.S. regular
mail, or email.
C. Examinations
The Board shall call for examinations to fill existing or prospective
vacancies in the Police Department. 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.
pg 10
KTJ: 279495-15
4. Each candidate shall submit to fingerprinting and
photographing by the Police Department. This may be done
at such point in the process as may be determined by the
Chief of Police.
D. Examination Process
1. Process Summary. The process from recruitment to
appointment shall generally be as follows:
a. Application for written examination
b. Attendance at Mandatory Orientation with All
Required Documentation Submitted by Application
Deadline
C. Written Examination
d. Formal Application by Those Passing Written
Examination
e. Oral Interviews For Those Who Have Passed Written
Examination
f. Establishment of Eligibility List (those who
have passed Oral Interviews)
g. Conditional Offer of Appointment by Police Chief
h. Testing Pursuant to Conditional Offer of Appointment
i. Appointment by Board
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.
2. Preference Points. No preference points shall be awarded
for entry into the Police Department or for promotion to Police
Sergeant.
3. Rolling List
Each of the Lists from the various phases (Written Exam, Oral
Interview and Eligibility List) shall remain in effect until such time as
the Board may establish new testing procedures or a new scoring
methodology. So long as the testing and scoring remain
substantially the same, the existing lists shall be supplemented
from time to time by the names of new candidates who have
passed the examination phases.
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 police applicants to proceed from one phase of the
examination to the next.
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K'rJ: 279485 15
w
1. Orientation Phase. 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 Phase
a. Information. Information as to the type of written
examination employed by the Board will be provided as part
of the 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 Police 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 in the testing process.
e. Proceeding to Next Phase. All persons who have not
been eliminated after the written examination shall be so
notified, by regular mail or e-mail. The Board shall then
select, in order of scores achieved on the written test, the
candidates who may proceed to the Oral Interview Phase.
Those who wish to proceed must file a Formal Application
with the Board by the established deadline.
Irrespective of any other standard, the Board will have the
discretion to invite to the Oral Interview all candidates who
are previously certified sworn police officers in any
municipality or another state; all candidates who are
previously certified sworn officers who are members of the
Illinois Department of State police; and all candidates who
are previously sworn deputies under Section 3-6008 of the
Counties Code who meet the minimum training requirements
of a Peace Officer as established by the Illinois Law
Enforcement Training and Standards Board so long as the
pg12
K"['': 27948515
previously 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.
3. Oral Interview Phase
_......................................... a. Oral Interview List
The Board shall establish an Oral Interview List based on
passing the written examination and timely filing of the
Formal Application. Upon establishment of this list, the
Board shall, upon request of the Chief of Police, notify a
certain number of candidates of a date and time for an Oral
Interview. The candidates to be interviewed shall be chosen
by rank order on the list. The number of candidates to be
interviewed shall be determined by the Board. If the number
to be interviewed breaks at a tie score, all those achieving
that score on the written examination shall be interviewed.
The Oral Interview shall be conducted by an Interview
Panel. The Interview Panel will consist of the Board and two
(2) individuals appointed by the Police Chief. At least one
(1) Board member must participate along with the appointed
individuals. Each member of the Interview Panel will have
equal voting privileges. The Board member(s) will select the
chairperson for the Interview Panel, which shall be a Board
member. Questions shall be asked of the candidates that
will enable the Interview Panel 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, the Interview Panel 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.
_c. Scoring
The Oral Interview shall be scored on 0 to 100 scale. The
method of scoring shall be determined prior to the
commencement of the Oral Interviews.
d. Updating Oral Interview List.
_" ......z.� �o.�..
pg_13
The Oral Interview List shall be updated by striking the
names of those who have (a) failed to have a score of 80 or
above after combining the Oral Interview score with the
Written Examination score as set forth in 4(a) below; or (b)
have been moved to the Eligibility List.
4. Establishment of the Eligibility List
a. Establishment of Eligibility List.
Upon the scoring of the Oral Interviews, the Board shall
establish an Eligibility List. This List shall consist of those
achieving a score of 80 or above when the Oral Interview
score is combined with the Written Examination score
according to the following formula:
Written Examination Score + Oral Interview Score
2 2
= Eligibility List Score
Under no circumstances shall a score of 80 or above
guarantee a Conditional Offer of Appointment. Ties shall go
to the candidate whose Oral Interview score is higher.
b. Succession of Eligibility Lists
When the first Eligibility List is exhausted, the Board will
determine the number of succeeding candidates from the
Oral Interview List to be called for Oral Interviews as
established under the Oral Interview Phase of this Section.
A succeeding Eligibility List will be established as described
in paragraph (a) above. The top candidate on the
succeeding Eligibility List will be numbered in the next order
after the last candidate's ranking on the previous Eligibility
List (i.e. Eligibility List I with 8 candidates is exhausted, the
top ranked candidate on Eligibility List II will be ranked 9th)
Successive Eligibility Lists will be established untl either
condition established in paragraph (c) below is met.
C. Duration of Eligibility Lists
Eligibility Lists shall remain in effect until one of
the following events occur: (1) two years have
passed from the date of posting of the first
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K TJ: 279485 15
Eligibility List established from the first group of
candidates called for Oral Interviews, or (2) all
candidates on the Oral Interview List and all
succeeding Eligibility Lists have been
exhausted, whichever comes first.
2. The Board may extend the life of an Eligibility
List beyond two years upon majority vote at the
Board meeting prior to the scheduled
termination date. The date of expiration of the
extension will be announced upon adoption.
d. Making a Conditional Offer of Appointment.
The Chief of Police, upon notice to the chairperson of the
Board, may make a conditional Offer of Appointment to any
of 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 a Conditional Offer. 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 Police Chief, at his or her discretion, may choose to
issue a Conditional Offer of Appointment for a police officer
position to a candidate who has been awarded a certificate
attesting to his or her successful completion of the Minimum
Standards for the 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.
e. Additional Testing for Those Who Have Been Made a
Conditional Offer of Appointment.
The candidate 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
candidate's eligibility for appointment.
The background investigation may consist of a number of
elements, including, but not limited to, a background
pg_ 15
KTP 27941185-1,5
interview conducted by a designated investigator; relevant
credit, reference, criminal history and employer checks and a
panel interview with department members.
2. Physical Aptitude Test
After a conditional offer of employment, police officer
candidates must take and pass a Physical Aptitude Test as
selected by the Board.
After a conditional offer of employment, each candidate 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 Police Department. The Board shall have the sole
authority to determine whether or not the results of the
Psychological Evaluation disqualify candidate from
employment by the Police Department.
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 a candidate from employment by the Police
Department.
5. Medical Examination
After a conditional offer of employment, each candidate shall
be required to submit to a medical examination by a licensed
physician appointed by the Board. This shall include, among
other tests, a vision exam that verifies that the candidate's
vision is or has been corrected to 20/40 in the poorer eye
and 20/25 in the better eye; as well as proper color and
peripheral vision. If the uncorrected vision is worse than
20/200, an ophthalmologist report will be required, prior to
hire, to certify the condition of the retina, the applicant's
ability to function as a police officer despite the condition and
that the applicant understands the potential harm from the
rigors of police work. The Board shall have the sole
pg. 16
VCTj1: 2794 85-J-5
authority to determine whether or not the results of the
Medical Examination disqualify a candidate from
employment by the Police Department.
d. Updating the Conditional Offer List
The Conditional Offer List shall be updated by striking the
names of those who (1) have been issued a Conditional
Offer of Appointment; or (2) failed the Physical Aptitude Test,
the Psychological Evaluation, Polygraph Examination or the
Medical Examination.
Appointment of Probationa Members : Declination Phase
P'a is s
a. All original appointees to the Police Department shall
be selected on a probationary basis from those who have
received Conditional Offers of Appointment and have passed
all the subsequent testing procedures.
2. Declination
Any candidate eligible for probationary appointment 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.
all 04 0,111
1. 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. The probationary term shall exclude periods of training, or
injury or illness leaves, including duty related leave, in excess of 10
cumulative calendar days.
pc17
K`J: 2744f%5 15
Verification of Probationary Police Officer status shall be made by
the Board upon an appointee's successful completion of the basic
recruit training program and certification by the Illinois Law
Enforcement Training and Standards Board. The failure of an
applicant to successfully complete the basic training program and
to be certified by the Illinois Law Enforcement Training and
Standards 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.
L. Possession of Valid Drivers License; Obtaining of Illinois License
Each candidate must possess a valid driver's license at the time of
application. 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 during the first six (6) months of employment.
M. Discharge of Probationary Members
1. A probationary member may be discharged by the Chief of
Police. The Chief shall notify the Board of the discharge.
2. The discharge procedures set forth in Chapter 6 shall not be
applicable to probationary members.
Completion of °` rarer rr Period, Full -Time Non-Probationa
Certification
Upon the successful completion of any probationary period, the
Board shall place the member of the Department on a record of full
time non -probationary employees maintained by the Board
(Certified Record).
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.
pgL18
K" 1'11:11 279495 15
P. 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.
Section 3:mm ..� Lateral Appointments _-wwPolice Dement
& Lateralesointments to Police Department. The Village
recoctnizes Mthe benefit of� a nd„inc the Dolof eligible,
candidates erITITITITcNraN ap aintment wwwto include trained
individuals whose skills and level ofexperience meets ecific
and definable needs ofIT_the ..Pg Lice eparrnert „CLateral
Dint q n " , As an alternate method MMMmm offooriginal
ap ointment, the Board mawconsider individuals for lateral
appPr it tnn to oi'ice fficer pursuant t b i§, -Subsection
1Creation of Latq[gLj ppat gjf1t Eli ibilit List. Upon
r c�e
jpt_of
_aaIT-written r cue t from the.. Chief, -of, olio .
Lateral Appointment_Eli ibilityList shall be created bathe
Board. To be�elane ... p at Lateral 1ppo ntmen_t
lib,�wlwty i�Nst candidates must be nrttie by, the, lllNnals
Law Enforcement Training andm Standards Board havin
spcessfuNl corn leted� the minimum standards basic law
enforcement course reared bathe Board or be
currentN' certified Ms a D lie oin another state and
sable of repeivin certification bY-1-1—MI-4 gllin iLaw
Enforcement Training and Stan dards.IT Board. The
n.didatrve rnps�at._the time of application.,, be o rre iy
emplo ed on a full-time basis as a police officer with a
_r
LpA.ar I ...... c onstituted�rnunici a of c Mr ty�si erIf "s
departMerlt.tate olice de artmnr t der aM eri Moet
r
n s
less than two X21 ears„ and have successful) completed
his/heratinary period.
»• •i
• rw � M � r
• wwKell
-
fegularly
constituted al or countV
00 Mao M
w • 1 IN 111
• r�
.19
IKTJ: 279485-1.11,1115,
candidate continuously µmaintained status as a certified
police officer.
WN Op .w • • a •
3. Minimum Qualifications and, RecirLe_rgents
uNnations, plii ant f ra r l ._ oo ntment are
s rb'ect to� is uali ication as_piLov
jded in the board"s.
Rules and Regulations. The minimum nualifications and
requirements of entry-level olice officers„under the
Board's Rules and..._ReaUlations also api ly,, sg"ect�i a ,tl xe
..
qualifications in_ Subsection A(I)_above And the following:p
a._ Age. Thea alimitation does not awl
b. Education. A lateral candidate shall meet the
same education requirements as all other
candidates for _original appointment to tete Police
Department, s esalise the „Board's Rules
and Regulations. Credit — for educaatio_n
rquirerraerttslisted in
Cha ter 2 Section 1
.......✓' .. Kto ..al candidates.
,Para ra h G will a I to lateral candidates.
c._ Preference Points. Preference pp:tntsdo not
apply.
4, Screening and Hiring Process Qualif ed ao licants� rior
o mp oXtnn ,nt, Must SUpccessfullv comI� the followm.
• •
r• • rw
written examination as part of
b. _Comprehensive Pr-screenin� by Police
eoartmenf Command Staff.
c. Command Staff Oral Interview. Oralw interview by
the Command Staff of the Police Deg rtmennt.
candidate will not r�oceed past this oint in the
examination Logess unless a recommendation to
roceed is iven b the Chief of Police.
pc_20
KTJ: 279485 15
d. Backgroundwwlnvesti act tion
•' •
f. Oral interview qiven bv the Board. The Oral
Interview shall __be_ conducted b __agn Interview
Panel. The Interview Panel will consist of the
e rb aq o .rtdiivLdu ls._ee ? me r !Iq
Police ITChief At least one 1 MB+oerd rgeber must
oarticipte aloncL with,,, the a ointed individuals.
Each member of the Board members will select a
chairperson for the Interview Panel, memb„ hich shall be
a Board member. Each er of the Interview
Panel will have equal vot . eges.
Ott Placement LNemen on the Lat rat... jnt„rnent� EgLbN iwty
st. Candidates shall be laced on..the Lateral
Ap ointment... I�wbility List in the order of theiITr
relative excellence as determined by the Board, A
candidate's name will remain on the Lateral
App_�qjrrerutNi ibilit List fora eriod of 12
...___..
months and the names of additional candidates
Ma
w beNaced�onthe last at an time and shall be
slotted into the list based on relative excellence
a dwith a reference for time of aecGi etic n
filing•
h._ Physical Ae%de Test. AfterITITa conditional offer of
gWtoymnt, lateral) candidates must take _and
pass I, sc@LAptitude riT st a atecte bv. thq
Board.
gfempo binAt to
•• • ••
. •Board'
•
i—is-
Medical Examination, After a conditional offer of
emp oyment a lateral candidate shall be rewired
toto�submit to a medical examination h _a Bon e
h inian a igteA b the Board with the same
requirements as
• .. - •MUNCIEw0• • • •
• •• •MUMAMMUIMUNI•
KTJ: 2794135 15
shall be removed from consideration and shall
have no .-riaht to participate in anter further
components of the focess
5. Selection. The decision to select a candidate from
.......................................................................
the Lateral Apointment eli ibility list ahead of a non-
certified
on-
certifi candidate js_sqLely wit _.the discretion of the
Board. A candidate removed -'from the Lateral
Appointment list based solei on beinon Lh!p�, list for 12
months may reap oy_for lateral appointment to the th .....Folice
Department.
6. Conditional Offer. A conditional offer of employment
sh�ifi;;"-m a -de, -o' -n —Iv -t" o —the most gyalified candidate on the
. . . .............
Later
Board, in consultation with the Chief of Police, based
. . . . WWW_ .......... -
won an evaluation of the followiMq_qglifiggpnii,,,.at, a
minimum:
b�, Law enforcement training beyond Basic Law,
Enforcement Cour
. .......... —."' . .. . . ........
c. Training and experience ip,rvrvry specialtylaw
enforcement Turn do
7. Certification: Demonstration of Need. The Chief of
Police,- er.,
shall demonstrate to theBoard the advisabilityof a
Lateral —A —pp
gLintingnt dqe cL ecial or url! q
_L _�p _q u
circumstances that warrant, pppqintrngnt over thegfig&le
P-Q.ol —ofcam iL4aLe-§-@§t-g-bLs-he—d.gn—ktLe- —Eligi l&I ty. Roster of
of
candidates. Uppfl the Bqard's determination
that §pgqi;al_pr_gniqgpq circumstances exist the Board
May_gqrtifyjndj rider lsjor Lateral Appointment.
pcL22
KITJ;I 279485 15
8. Probationary P qd.. All individuals certified for Lateral
pp.�Nr1trost.....successfully cwiee �raacana^
.rod„_of no less than 24 monthsfromthe date of
ointment—Lateral�apmmpointments shall be re c uired�wto
participate in a Field Training Program for aperiod ..of
time determined by the Chief of Police „based on their
ex erience as a law enforcement officer.
Section 4pa Original Appointments _.. Fine Department
A. Exclusive Method of Appointment
Original appointments to the Fire Department ("Fire Department")
shall be made only as set forth in these Rules and Regulations.
B. Applications, General.
1. All applications required by this Chapter 2 shall be typed or hand
Printed and signed by the applicant. Any applicant making false
statements in any application shall be rejected by the Board.
Further, the Board may, at any time, remove any person hired to a
position in the Department upon learning that false statements have
been made or that material facts have been misrepresented or
omitted. An applicant must notify the Board, in writing, of any
change in status from the time the application is submitted until
appointment. Notice of matters involving testing or appointment
may be made by regular mail or e-mail. If an applicant does not
duly respond to the notice, that applicant may be eliminated
from further consideration.
2, Defective applications shall be returned to the applicant for
correction, provided the applicant is not otherwise disqualified for
the position sought. The corrected application must be received by
the Board no later than five (5) business days after notification of
minor application errors. Corrected applications submitted more
than 5 business days after notification of minor application errors
shall not be accepted.
All applicants shall complete an application, which may be obtained
from the Fire Department, other remote locations, or downloaded
from the Village website. The filing of such application shall be a
verification that the applicant possesses the qualifications for the
position and is not disqualified as set forth in (D) below. The
applicant shall file this application with the Board by the established
deadline.
ps23
T 279485 .1.5
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:
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;
1 to have been a user of any illegal drug or narcotic, other than
Cannabis Sativa, as defined in Illinois Compiled Statutes Ch. 720,
Sec. 570 et seq., and not legally prescribed by a physician within
the past three years;
4. to have been a user of Cannabis Sativa in the past twelve (12)
months;
5, to be addicted to the use of intoxicating beverages or drugs and not
in a certified program of recovery or be able to prove a current
status of recovery from the addiction;
6. to be a habitual gambler;
7. to have been found guilty of a felony or any of the following
misdemeanors:
The following references are to Illinois Compiled Statutes, Ch. 720,
and shall include any similar offenses as defined by other
jurisdictions.
a. criminal sexual abuse as defined in Section 11-1.50;
b. indecent solicitation as defined in Section 11-6;
C. public indecency as defined in Section 11-9;
d. prostitution as defined in Section 11-14;
e. promoting prostitution as defined in Section 11-14.3;
f. soliciting a prostitute as defined in Section 11-15,
g. keeping a place of prostitution as defined in Section 11-17;
h. patronizing a prostitute as defined in Section 11-18,
pimping as defined in Section 11-19;
j. public indecency as defined in Section 11-30;
k. adultery as defined in Section 11-35;
I. aggravated assault as defined in Section 12-2;
M. intimidation as defined in Section 12-6;
pg24
PC"[°J: 27485
15
n. eavesdropping as defined in Section 14-4;
o. theft as defined in Section 16-1;
p. retail theft as defined in Article 16A;
q. deceptive practices as defined in Article 17;
r. unlawful use of weapons, as defined in Section 24-1(a) (1),
(6) and (8);
S. unlawful sale of firearms as defined in Section 24-3;
t. unlawful possession of firearms and ammunition as defined
in Section 24-3.1;
U. defacing firearm identification marks as defined in Section
24-5;
V. mob action as defined in Section 25-1;
W. keeping a gambling place as defined in Section 28-3;
X. bribery as defined in Article 29;
y. resisting or obstructing a peace officer as defined in Section
31 -1;z. obstructing justice as defined in Section 31-4;
aa. escape or failure to report for periodic incarceration as
defined in Section 31-6;
bb. aiding escape as defined in Section 31-7;
cc. interference with judicial proceedings as defined in Section
32-1, -2, -3, -4, -8;
dd. battery as defined in Section 5/12-3; and
ee. domestic battery as defined in Section 5/12-3.2.
8. to have been dismissed for cause, from any public service position;
9. to have character or employment references which are deemed to
be unsatisfactory;
10. to have failed to satisfy any step in the test process including,
whenever applicable, failure to attend a Mandatory Applicant
Orientation meeting;
11
12
13
14
15
to have failed to fulfill any of the requirements for applicants which
are set forth in these Rules and Regulations;
to not possess a valid driver's license at any stage of the selection
procedure.
to, in the reasonable opinion of the Board, be otherwise unqualified
for service in the Fire Department;
to have been dishonorably discharged from military service;
to have knowingly received test information in advance of an
examination.
pg 25
VC"QT 271148,5 15
Any disqualified applicant shall be notified by the Board of such
disqualification. The applicant may request in writing that the Board review
its decision to disqualify stating the reasons why such review is
appropriate. The Board need not conduct a hearing on such request, but
shall respond, in writing, within a reasonable time.
All applicants must be between the ages of twenty-one (21) and
thirty-five (35) years old at the time of application deadline. No
person who is 35 years of age or older shall be eligible to take an
examination for a position as a firefighter except as provided in this
Section E.
2. The maximum age limitation shall not apply to any person
previously employed as a full time firefighter in a regularly
constituted fire department of (i) any municipality or fire protection
district located in Illinois, (ii) a fire protection district whose
obligations were assumed by a municipality under Section 21 of the
Illinois Fire Protection District Act, or (iii) a municipality whose
obligations were taken over by a fire protection district; or to any
person who has served a municipality as a regularly enrolled
volunteer, paid -on-call, or part-time firefighter for five (5) years
immediately preceding the time that municipality begins to use full
time firefighters to provide all or part of its fire protection service.
3, If a person is placed on an eligibility register and becomes over age
before he or she is appointed to the Fire Department, the person
remains eligible for appointment until the register has expired, but
not more than two (2) years from the date that the Final Eligibility
Register was established. Otherwise, no person who has attained
the age of thirty-five (35) years shall be inducted as a member of
the Fire Department.
4. Any person who turned thirty-five (35) years of age while serving as
a member of the active or reserve components of any of the
branches of the Armed Forces of the United States or the National
Guard of any state, whose service was characterized as honorable
or under honorable, if separated from the military and is currently
under the age of forty (40) shall be eligible for appointment as a
member of the Fire Department.
F. Education
Applicants for original appointment to the Fire Department must
possess a high school diploma or its equivalent as recognized by
the State of Illinois and not less than sixty (60) college semester
hours or its equivalent as stated below. For purposes of original
pq. 26
KTJ: 279485 15
employment, the following shall be deemed to be the equivalent of
the number of college credits set forth:
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.
2, 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 3(D) of these Rules and Regulations.
3. Thirty (30) college equivalency semester hours for demonstrating
fluency in a second language, other than English. Fluency shall
mean a clearly demonstrated ability to read, speak, and understand
the language. The Board shall be the sole judge of whether fluency
in a second language other than English has been clearly
demonstrated. The Board may retain a testing agency to advise it
as to standards and evaluation of fluency.
4. Sixty (60) college equivalency semester hours for applicants who
have been certified by the State of Illinois as Emergency Medical
Technician/Paramedic.
5. Sixty (60) college equivalency semester hours for applicants who
have been certified by the State of Illinois as Basic Firefighter or
Firefighter II.
Section,. -45.: Examinations — Original Appointments — Fire Department
. 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
1. Examinations shall be held on the dates fixed by the Board.
Notice of the time, place, general scope, merit criteria for any
subjective component, and fee of every examination shall be
given by the Board by a publication at least 2 weeks preceding
pg27
KTJ:279485 5
the examination: (i) in one or more newspapers published in the
Village, or if no newspaper is published therein, then in one or
more newspapers with a general circulation within the Village; or
(ii) on the Village's internet website. Additional notice of an
examination may be given by the Board.
2. Examinations may be postponed, however, by order of the
Board or its designee. The order shall state the reason for such
postponement and shall designate a new date for the examination.
Applicants shall be notified of the postponement of any examination
and of the new date fixed for the examination.
3. Unless otherwise specifically provided, any notice required
by this Chapter may be by personal service, U.S. regular mail, or
email.
C. Examinations
The Board shall call for examinations to fill existing or prospective
vacancies in the Fire Department. The Board shall determine:
The 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 register.
D. Phases of Examinations/Evaluations
All applicants for original appointment as Officers in the Fire
Department shall participate in the following examination phases (a
failure on any phase designated as pass/fail shall disqualify the
applicant from consideration). The order in which the various
phases shall be given will be established by the Board prior to the
commencement of testing. Any phase for which a passing score is
not established or which is not designated as pass/fail, may be
applied by the Board in any manner which it, in its sole discretion,
deems appropriate.
Physical Aptitude Test
a. Applicants are required to undergo an examination of
their physical ability to perform the essential functions
included in the duties they may be called upon to perform as
a member of a fire department. Such examination shall
consist of the Candidate Physical Ability Test (CPAT) and
the ladder climbing component. Applicants must provide
proof of current and valid CPAT and ladder climbing
pg. 28
KIT 2T9r48 79485J 5
component cards with their completed job application to
qualify for placement on any register of eligible candidates.
Failure to provide such proof will eliminate the applicant from
further consideration. Any costs associated with the CPAT
certification and ladder climbing component will be at the
expense of the applicants.
b. If an applicant has not been appointed within one (1)
year after the date of the CPAT and/or ladder component,
the Board may cause a second examination prior to his or
her appointment. If, after the second examination, the
physical ability of the applicant fails to meet minimum
standards, the applicant shall not be appointed. However,
the applicant's name may be retained upon the Final
Eligibility Register and when next reached for recertification
and appointment, that applicant may be again examined,
and, if the applicant fails to meet the minimum standards, the
applicant shall not be appointed, and the applicant's name
shall be removed from the Register.
2. Written Examinations
a. Property of Board. All examination papers shall be and
remain the property of the Board.
b. Outside Vendor. The Board may select an outside vendor
to develop, administer and grade the written test. In such an
instance the vendor shall consult with the Fire Chief. Final
approval of the written test shall rest with the Board.
c. Eligibility. Only candidates who have submitted evidence of
satisfying the Physical Aptitude Test (CPAT) requirements
are eligible to take the written examination.
3. Subjective Component.
a. The written examination shall be supplemented by a
subjective component which will test the capacity to
discharge the duties performed by members of the Fire
Department, such as job related skills and behavioral
characteristics.
b. Outside Vendor. The Board may select an outside
vendor to develop, administer and grade this component. In
such an instance the vendor shall consult with the Fire Chief..
Final approval shall rest with the Board.
4. Grading of Examinations
gL29
"I"'J: 2794d85 1 15
The grading of the written test and the subjective component
shall be final and conclusive and not subject to review by
any other board or tribunal of any kind or description.
a. Each applicant shall submit to fingerprinting and
photographing by the Police Department. The applicant
shall provide a signed waiver for access to such records
as may be required by the Board to conduct a thorough
background investigation in order to determine the
applicant's eligibility for appointment.
b. The background investigation may consist of a number of
elements, including, but not limited to, a background
interview conducted by a designated investigator;
relevant credit, reference, criminal history and employer
checks; and a panel interview with department members.
c. The background investigation shall also include an oral
examination taken on a pass/fail basis. The oral
examination shall be conducted after the Final Eligibility
Register has been posted.
After a conditional offer of employment, each applicant shall
be required to submit to a polygraph examination. The
examination shall be conducted by a testing service,
licensed by the State of Illinois, and selected by the Board.
The Board shall have the sole authority to determine
whether or not the results of the Polygraph Examination
disqualify an applicant from employment by the Fire
Department.
7. Psychological Evaluation
After a conditional offer of employment, each applicant shall
submit to a psychological evaluation by a clinical
psychologist selected by the Board and licensed by the State
of Illinois. The psychologist conducting the evaluation shall
have received training to understand the specific needs of
the Fire Department. The Board shall have the sole
authority to determine whether or not the results of the
Psychological Evaluation disqualify an applicant from
employment by the Fire Department.
cP�30
[<TT 279485 15
& Medical Examination
After a conditional offer of employment, each applicant shall
be required to submit to a medical examination by a licensed
physician appointed by the Board. The Board shall have the
sole authority to determine whether or not the results of the
Medical Examination disqualify an applicant from
employment by the Fire Department.
9. Other Evaluations
Applicants may be required to submit to other evaluations
which relate to the performance of public service positions.
E. Preliminary Eligibility Register/Initial' Eligibility List Register
1. The Board will prepare a Preliminary Eligibility Register and
an Initial Eligibility Register of the candidates as follows:
a. The Preliminary Eligibility Register will include those
candidates who have scored at or above 70% on the written
examination, and provided proof of completion of the
Physical Aptitude Test as provided in Section 4.D(1).
b. The Initial Eligibility Register will include those
candidates on the Preliminary Eligibility Register upon
completion of the Subjective Component. Such Register
shall be prepared to combine the scores, as follows:
i) The Written Examination score shall be
weighted 60% and the Subjective Component score
shall be weighted 40%. The process of creating
composite scores shall consist of the following steps:
(a) The Written Examination and Subjective
Component scores will each be converted to
standardized scores (z -scores);
(b) The standardized scores will be combined into
a single score according to the weights previously
described;
(c) The composite z -score will then be converted
to a scaled score (t -score) on a 100 point scale; and
(d) A register shall be created in rank order based
upon the resulting scaled scores.
c. The Registers shall be posted not more than sixty (60)
days after the last such examinations.
pg_31
K'rj: 279485 15
d. A dated copy of the Initial Eligibility Register shall be sent
to each candidate on such Register.
F. Preference Points
1. Available Points
a. Veteran preference. Persons who were engaged in
the military service of the United States for a period of
at least one year of active duty and who were
honorably discharged therefrom, or who are now or
have been members on inactive or reserve duty in
such military service, shall be preferred for
appointment to and employment with the Fire
Department of an affected department. Five (5) points
shall be added to such a candidate's Initial Eligibility
Register score.
b, Educational preference. Persons who have
successfully obtained an associate's degree in the
field of fire service or emergency medical services, or
a bachelor's degree from an accredited college or
university shall be preferred for appointment to and
employment with the Fire Department. Five (5) points
shall be added to such a candidate's Initial Eligibility
Register score.
c. Paramedic preference. Persons who have obtained
certification by the State of Illinois as an Emergency
Medical Technician Paramedic (EMT P) shall be
preferred for appointment to and employment with the
Fire Department of an affected department providing
emergency medical services. Five (5) points shall be
added to such a candidate's Initial Eligibility Register
score.
d. Experience preference.
(i) All persons employed by a municipality who
have been paid on call or part time certified
Firefighter Basic (Firefighter II), State of Illinois
or nationally licensed EMT B or EMT I, or any
combination of those capacities shall be
awarded 0.5 point for each year of successful
service in one or more of those capacities, up
to a maximum of 5 points. Certified Firefighter
pg_32
Advanced (Firefighter III) and State of Illinois or
nationally licensed paramedics shall be
awarded one point per year up to a maximum
of 5 points.
(ii) Applicants from outside the municipality who
were employed as full time firefighters or
firefighter paramedics by a fire protection
district or another municipality for at least 2
years shall be awarded 5 experience
preference points.
(iii) Applicants, who were engaged in active
service with the Mount Prospect Fire
Department as a Paid -On -Call Firefighter for a
minimum of three (3) years, shall be awarded
five (5) points. In the event that a candidate is
eligible for points under subsection (i) and this
subsection (iii), the total number of cumulative
points shall not exceed five (5).
(iv) A candidate may not receive the full amount of
experience preference points if the amount of
points awarded would place the candidate
before a veteran on the Final Eligibility
Register. If more than one candidate receiving
experience preference points is prevented from
receiving all of their points due to not being
allowed to pass a veteran, the candidates shall
be placed on the Register below the veteran in
rank order based on the totals received if all
points under this subsection were to be
awarded. Any remaining ties on the Register
shall be determined by lot.
e, Residency reference. Applicants whose principal residence
at the time of filing the application is located within the Fire
Department's jurisdiction shall be preferred for appointment to
and employment with the Fire Department. One (1) point shall
be added to such a candidate's Initial Eligibility Register score.
Preference points shall be given only if a proper and valid claim for
a preference has been made and only if the standards for such
preference have been met under these Rules.
Notwithstanding the preference points authorized under this
Subsection 1, the Board may eliminate preference points, adopt
1): , 79 8 u 5
Pg.
different preference points or provide for preference points for other
categories prior to announcement of any testing process, so long
as statutory requirements are met.
2. Time and Method of Claiming Preference Points
Each fire applicant eligible to claim preference points (identified in
Section 4, F.1.) must submit his/her claim for that preference in
writing to the Board within ten (10) days after the posting of the
Initial Eligibility Register. Claims not made within that ten (10) day
period shall be deemed waived. The applicant, at the time of
submitting a claim for preference, must submit evidence of
qualification for that preference.
G. Final Eligibility Register
1, The Chairperson will prepare a dated "Final Eligibility
Register" which shall include those candidates on the Initial
Eligibility Register and any claimed preference points.
Approval of the Register by the Chairperson shall not require
that a formal Board meeting be held.
2. A dated copy of the Final Eligibility Register shall be sent to
each Candidate on such Register.
The Final Eligibility Register shall remain in effect for two (2) years
or until exhausted. Testing shall occur every two (2) years or as
determined by the Board.
Appointment of Probationa Members from Eligibility Register;
Declination
1 „ Appointment
a. The Board shall select for an original probationary
appointment the candidate with the highest ranking on the
Final Eligibility Register.
b. If the Board has reason to believe that that candidate
fails to meet the minimum standards for the position or that
an alternate candidate would better serve the needs of the
Department, then the Board may pass the highest ranked
candidate and appoint either: (i) any candidate who has a
ranking in the top 5% on the Final Eligibility Register, or (ii)
any candidate who is among the top 5 highest candidates on
pg. 34
K11111:1111217119148 1.5
the Final Eligibility Register if the number of candidates
ranking in the top 5% is less than 5 candidates.
2. Declination
Any candidate eligible for probationary appointment may,
without removal from the Final Eligibility Register, on one
occasion decline an appointment. A second declination or
failure to accept shall result in automatic removal from the
Eligibility Register, except if he/she is on active military duty.
A candidate's removal from the Eligibility Register upon a
second declination shall not prejudice the candidate's
opportunities to participate in future examinations, including
an examination held during the time a candidate is already
on the Eligibility Register.
J, Probatuona Terms
Each Firefighter appointee shall be on probationary status
for a period of one (1) year from the date of the appointee
begins employment with the Fire Department as a
Firefighter. The Board may extend the probationary period
for a Firefighter appointee who is required, as a condition of
employment, to be a certified paramedic, during which time
the sole reason that a firefighter may be discharged without
a hearing shall be for failing to meet the requirements for
paramedic certification.
2. The probationary term shall exclude periods of training, or
injury or illness leaves, including duty related leave, in
excess of 30 cumulative calendar days.
K, Completion of Training Program for Probationary Employees
Any probationary Firefighter who, during the initial one (1) year term
of the probationary period or any extension of that period: (1) has
not successfully completed the Office of the State Fire Marshal,
Division of Personnel Standards and Education, approved Certified
Basic Firefighter Course or Firefighter II Course; (2) does not have
a valid Illinois state drive's license or the equivalent from another
state; and (3) has not successfully completed the requirements for
paramedic certification, i.e., licensure as a paramedic by the Illinois
Department of Public Health and certification by the local EMS
system, shall be dismissed from service.
L. Discharge of Probationary Members
A probationary member may be discharged by the Chief of the Fire
Department. The Chief shall notify the Board of the discharge.
pg. 35
KIT'J:279485 15
W Completion of Probationary Period Full -Time Non-Probationa
Certification
Upon the successful completion of any probationary period, the
Board shall place the member of the Department on a record of full
time non -probationary employees maintained by the Board
(Certified Record).
N. Emergency,'
The Board, upon order of the Corporate Authorities, may make
such temporary appointments as it shall deem necessary to prevent
a stoppage of public business, to meet extraordinary
circumstances, or to prevent material impairment of the fire
department, with such temporary appointments to remain in force
only until regular appointments are made, but never to exceed sixty
(60) days. No temporary appointment of any one person shall be
made more than twice in any calendar year.
O, Oath of Office
Prior to commencing duty, an applicant shall take such oath as is
prescribed by the Village Code. The oath shall be administered by
a member of the Board of Fire and Police Commissioners or the
Village Clerk.
pg. 36
[G`C'J: 2744CC5 C S
CHAPTER 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
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.
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
pcL37
KTJ: 279485 15
fourteen (14) days of the posting of the List pursuant to Section 11 of this
Chapter will cause the candidate to become ineligible to participate in a
review process. A request for review shall not interfere with or delay an
ongoing promotional process except by an affirmative vote of not less than
sixty-five percent (65%) of the members of the Board.
The written request for review must be delivered to the Secretary of the
Board or his or her designated representative and must plainly state:
The phase of the promotional process for which review is being
sought.
2. The reason(s) for the request for review.
Reviews will be conducted at the Board's next meeting at which a quorum
is present. The Board shall issue a written response or may conduct such
further investigations as it deems appropriate. However, all reviews shall
be disposed of within one hundred and twenty (120) days of the original
date of the filing of the request for review.
Section 2: Police.
Promotions within the Police Department shall be accomplished in the following
order and in accordance with the standards set forth in this Chapter.
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.
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.
2. Criteria and Scoring
The criteria for the pre-screening examination shall be selected by
the Chief of Police under the direction of and subject to the
approval of the Board. Thirty percent (30%) of the total points
available shall be attributable to a departmental merit and efficiency
pg_38
KTJ: 279485 15
rating based on the candidate's past performance with the
Department.
In the event the Board deems it necessary to extend the
examination process to the general public, there shall be no
consideration given to departmental merit and efficiency for any
candidate.
C. Assessment Center
1. Eligible to Proceed. Those individuals in the pre-screening process
who both (1) achieve a minimum score of seventy (70); and (2) rank in the
top eight (8), shall be considered finalists for promotion and be eligible to
participate in an Assessment Center. If fewer than eight (8) achieve a
minimum score of seventy (70), then only those achieving the minimum
will be eligible. The foregoing notwithstanding, the Board may, if
announced prior to the examination, permit up to twenty (20) persons
achieving a minimum score of seventy (70) to advance to the Assessment
Center.
2. Assessment Center Panel
The Assessment Center shall consist of a panel of persons familiar with
the requirements and problems of the position to be filled and having a
demonstrated ability to assess individuals in light of those requirements
and problems. The panel shall be subject to the approval of the Board.
No member of the panel shall be an employee of the Village of Mount
Prospect.
3. Assessment Center Process
The Assessment Center process of examination shall enable the
assessment panel to evaluate the candidate on the following criteria:
a. Leadership ability
b. Administrative skills
C. Oral and written communication skills
d. Ability to function satisfactorily in emergency situations; and
e. Ability to supervise subordinates and to perform duties and
functions in conformity with the established goals of the appropriate
department.
pq. 39
KIT 279485 15
4. Use of Assessment Center Panel Report and Selection of
Candidate to Position
a. The Assessment Center Panel shall complete a report for
the Board and Chief of Police indicating the strengths and
weaknesses of each candidate based on that candidate's
performance in the Assessment Center.
After completion of the Assessment Center and a review of the
report of the Assessment Center Panel, the Board shall eliminate
any remaining candidate who is believed to be unqualified and shall
certify a List of qualified candidates to the Police Chief. The Board
may, upon prior written request of the Police Chief and in its sole
discretion, use the score from the pre-screening examination as a
determinant of ranking, in addition to the Assessment Center
report. Such use of the pre-screening examination must be
announced prior to the commencement of the promotional process.
Otherwise, candidates on the List shall be ranked according to their
performance in the Assessment Center.
b. Selection of Police Candidate. The Police Chief shall then
select the candidate to be promoted from the top four (4) names on
the qualified List. If more than one (1) opening is to be filled at the
same time, the Chief may choose from a number of the candidates
at the top of the List that is three (3) more than the number to be
chosen. (Example: If three (3) candidates are to be chosen, the
Chief may choose from the top six (6) names, if six (6) are to be
chosen, the Chief may choose from the top nine (9) names).
D. 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.
pg_40
KIT 279485 15
Section 3: Fire
WINEA-M-W
All examinations for promotion shall be competitive among such officers of
the Fire Department who shall have completed seven (7) full years of
service. Fire officer promotional candidates shall, as of the first date in the
pre-screening process, have successfully completed all of the Office of the
State Fire Marshal (OSFM) Fire Officer I course work to be eligible to
participate in the promotional examination.
B. Content of Examinations
The subject matter of examinations shall be such as will in the Board's
determination fairly test the capacity of the candidate to discharge the
duties of the position to which the candidate seeks promotion. Thirty-five
percent (35%) of the total points available shall be attributable to a
departmental merit and efficiency rating based on the candidate's past
performance with the Department.
C. Assessment Center
The candidates shall submit to an Assessment as set forth below:
Assessment Center Panel
The Assessment Center shall consist of a panel of persons familiar with
the requirements and problems of the position to be filled and having a
demonstrated ability to assess individuals in light of those requirements
and problems. The panel shall be subject to the approval of the Board.
No member of the panel shall be an employee of the Village of Mount
Prospect.
Z 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
p_q._41
KI '.d: 279481` l.5
e. Ability to supervise subordinates and to perform duties and
functions in conformity with the established goals of the appropriate
department.
3. Use of Assessment Center Panel 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 disobedience of orders where such disobedience
consisted in the refusal to perform military service on the ground of alleged religious or
conscientious objections against war. No person shall receive the preference for a
promotional appointment after he or she has received one promotion from an eligibility
list on which he or she was allowed such preference.
E. Final Score.
The final score shall be determined by a weighted formula based on the current
Collective Bargaining Agreement.
The List of qualified candidates as certified by the Board shall be posted by the
Chief and shall be valid for future selection to the position for the period of three (3)
years from the date of posting. The Board shall make the appointments solely
according to their rank on this List.
G. Fire Lieutenant Promotions
Notwithstanding anything to the contrary contained within this Chapter,
promotions to the position of Fire Lieutenant shall be conducted in accordance with the
terms and conditions as specified within Article XIII of the collective bargaining
agreement by and between the Village of Mount Prospect, Illinois and the Mount
Prospect Firefighters Union, Local #4119, I.A.F.F., AFL-CIO, currently effective through
December 31, 2011, or as subsequently amended thereafter.
pg. 42
K"1'.1: 279 485 15
CHAPTER 4: CHARGES HEARING OF CHARGES REMOVALS
SUSPENSIONS AND DISCHARGES
Section 1: Suspension of Not More than Five 5 Days
The Chief of the Fire or Police Department shall have the right to suspend
any officer under his/her command for a period not to exceed the
equivalent of five (5) eight (8) hour work days, provided that no charge for
the same offense has been filed and is pending before the Board. Nothing
outside of this Chapter 4, Section 1 shall affect the Chiefs right to order
such a suspension. Any suspension by the Chief under this Section shall
be reported to the Board within seventy-two (72) hours after giving notice
of the suspension to the officer.
Section 2: Appeal Process.
Any officer so suspended may appeal to the Board for a review of the
Chief's suspension order within five (5) days after receiving written notice
of the suspension. This must be done by filing written notice of such
appeal with the Chairperson of the Board. The Board shall then meet to
discuss and determine the disposition of the appeal. The Board may, in
its sole discretion, request information or testimony from the appealing
officer to aid in its determination of the appropriate disposition. If any
evidence or testimony is taken, the burden of proof shall be on the officer
to establish that the Chief was not justified in ordering the suspension.
Upon such an appeal by the officer, the Board may sustain the action of
the Fire or Police Chief, may reverse it with instructions that the
suspended officer receive his/her pay for the period involved, may
suspend the officer for an additional period of time of not more than thirty
(30) days or discharge him/her, depending on its consideration of the
issues.
Section 3: 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.
pg_43
i� r`.r: z7����s n 3
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 Hearin
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.
Z 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.
2cL44
K"CJ: 279485 l5
B. Any Fire Lieutenant or Police Sergeant may request and/or consent
to a demotion to a lower rank subject, however, to the concurrence
of the Board.
Section 7: Hearing Procedures
A. "Counsel" means one who is an attorney in good standing in the
State of Illinois. However, the Board may, upon petition by a party
appearing before it, permit an attorney licensed in another state to
represent that party.
B. The right to determine that "cause" exists in a particular case is
vested solely with the Board.
C. The complainant initiating any proceeding, which provides for a
hearing before the Board has the burden of proof to establish that
cause does exist by a "preponderance of the evidence." Even if the
question of a crime is involved, the standard of "beyond a
reasonable doubt" shall not be applied in the hearing before the
Board.
D. The phrase "preponderance of evidence" is defined as the greater
weight of the evidence. It rests with that evidence which, when
fairly considered, produces the stronger impression, has a greater
weight and is more convincing as to its truth when weighed against
the evidence produced in opposition.
E. All hearings shall be in compliance with the Illinois Open Meetings
Act. This requirement recognizes that certain personnel matters
may be undertaken in closed session.
F. At the time and place of hearing, each party may be represented by
counsel if that party so desires.
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.
All witnesses shall be placed under oath prior to testifying,
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
pg -45
CCTJ:27948515
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.
• s +� 9-2e
Upon the filing of a complaint, the following action shall be taken by
the Board:
The accused shall be notified in writing by registered mail or
personal service of the charges and of a specified time and
place to appear before the Board for a hearing on those
charges. If after making all reasonable efforts to serve
notice of the charges on the officer, such service has not
been accomplished, the Board shall make a record of its
efforts and may proceed with the hearing in the absence of
the officer.
2. There shall be a minimum of five (5) days between the time
at which the accused was notified of the hearing and the
commencement of the hearing.
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/her produce books, papers, records, accounts and other
documents as may be deemed by the Board to be relevant to the
hearing. On the filing of such application, a subpoena will be
cp.L. 46
KTJ: 279485 15
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 s ointe and may require that any
application for subpoena be filed less than thirty (30) days prior to
the hearing.
D. Continuances
The matter of granting or refusing to grant a continuance is within
the discretion of the Board. No hearing shall be continued at the
request of any of the parties to a proceeding unless the request is
received in writing by the Board at least three (3) days before the
scheduled hearing date. In the event any officer, who has been
suspended pending the hearing, desires a continuance, the Board
may require the officer to stipulate that if the officer is found guilty of
the charges, but is retained as an officer after the hearing, no
compensation shall accrue to the officer for the period of the
continuance. Additionally, if the suspension is without pay, the
continuance shall be granted upon the condition that the accused
officer agree that no claim for compensation shall be made for the
period of the continuance.
E. Continuance Because of Inability to Serve Subpoenas
Any request for continuance by reason of inability to serve
subpoenas shall be filed in the office of the Board at least three (3)
days before the date set for the hearing. However, the Board in its
discretion may waive this rule.
F. 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.
G. Sufficiency of Char es 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.
pg_47
MIT 77 94,851,15
H. Service
All papers, required to be served by these Rules and Regulations,
shall be delivered personally to the party designated or mailed by
United States mail in an envelope properly addressed with postage
prepaid to the designated party at his or her last known residence
as reflected by the complaint filed with the Board. Proof of service
of any paper may be made by certification of any person that the
paper was delivered to the designated party personally or by filing a
signed return receipt showing that a paper was mailed by either
registered or certified mail, return receipt requested, to a party's last
known address.
Filin
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.
J. Forms of Paper
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.
0 all ! .. M 0
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.
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0 „„
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•w- s
All final administrative decisions of the Board may be reviewed pursuant to
Administrative Review as adopted by the Illinois Compiled Statutes. This
shall be the sole means of securing judicial review of the Board's decision.
Section 5: Leave of Absence.
Leaves of absence shall be granted by reason of military service or
temporary duty -related disability approved by the appropriate Pension
Board, as required in Ch. 65, Sec. 10-2.1-23 ILCS, or as may otherwise
be required by state or federal regulation.
Section 6: Political Contributions
No officer shall be under any obligation to contribute to any fund or to
render any political service. No officer shall be discharged or otherwise
prejudiced for refusing to do so. No officer shall discharge or demote or in
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any manner change the official rank or compensation of any other person
for withholding or refusing to pay any contribution of money or service or
any other valuable thing for any political purpose. No officer shall in any
other manner directly or indirectly use his or her official authority or
influence to compel or induce any other person to pay or render any
political assessment, subscription, contribution or service.
Section 7: Political Activities
No officer shall use his or her official authority or position to coerce or
influence the political action of any person or body or to interfere with any
election. This shall not prevent the officer from expressing a political
opinion, so long as the expression is not detrimental to the efficiency and
discipline of the department.
While on duty, no officer may take part in any political campaign, solicit
funds or signatures for any political purpose, act as a worker at the polls,
or distribute badges, color or indicia favoring or opposing a candidate for
election or nomination to a public office.
Section 8: Retirement
The age for retirement of all full time sworn members of the Fire and
Police Department is sixty-five (65) years.
Section 9: Effect
DATE,
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.
Village President, Village of Mount Prospect
Village Clerk
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