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