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HomeMy WebLinkAboutCOW Agenda Item V (02/12/2008) KT J 20 N. Wacker Orive. Sle 1660 Chicago. Illinois 60606- 2803 T 312 884 6400 F 312 884 6444 15010 S. Ravinia Avenue. Sle 10 Orland Park. Illinois 60462-5353 T 108 348 3888 F 108 348 1506 KLEIN, THORPE & JENKINS, LTD. 00 312 884 6420 emhill@Jktjlaw.com www.kljlaw.com MEMORANDUM TO: Mayor Irvana Wilks Village Manager Michael E. Janonis FROM: Everette M. Hill, Jr. DATE: February 7, 2008 RE: Board of Fire and Police Commissioners, Police and Fire Organization Regulations You have asked that I redraft the Village's regulations with respect to the operation of the Board of Fire and Police Commissioners and the organization of the Police and Fire Department. Those changes were requested in order to make the existing rules more consistent with the Village's needs. I have attached the existing Article III of Chapter 5, the existing Article VIII of Chapter 4 and existing Article IX of Chapter 4. I have attempted to point out the language that has been changed or eliminated in the new draft. I have also attached the new draft on which I have attempted to indicate new substantive concepts. The following are the major changes, along with the Section in which they are found in the new draft: Article III Board of Fire and Police Commissioners 1. The number of members is now flexible, so that the Mayor, in her or his discretion, may appoint either 3 or 5. (It is not 3 to 5, but 3 or 5 to maintain an odd number of commissioners). (Section 5.301) 2. The Mayor may appoint members for a lesser term than 3 years, if the Mayor deems it to be in the Village's best interest. (Section 5.302) 3. The Mayor appoints the chair, on an annual basis, rather than the chair being elected by the membership. At the Mayor's discretion, the outgoing chair may remain as a member when the new chair is appointed. (Section 5.302) iManage:204438_1 Mayor Irvana Wilks Village Manager Michael E. Janonis February 7,2008 Page 3 4. The Board of Fire and Police Commissioners derives its authority solely from the home rule authority of the Village Board. It is no longer, even colorably, a statutory Board. (Sections 5.303 and 5.304) 5. The Board of Fire and Police Commissioners Rules and Regulations and all amendments are subject to the approval of the Village Board. This is consistent with the changes in 5.303 and 5.304. (Section 5.305) 6. The new draft eliminates certain prohibitive qualifications for commission members. These no longer seem applicable in Mount Prospect in the year 2007. (Deleted from existing 5.301) 7. The new draft also deletes the requirement that Board of Fire and Police Commission members may be removed only after a hearing before the Village Board. I am recommending that the hearing requirement be deleted and that removal be effective by members of the Village Board, including the Mayor, both in favor of removal. (Change in existing 5.302) 8. The new draft also eliminates the provisions for the subject matter of permissible Board of Fire and Police Commissioners rule making. If the Village Board decides that it does not want approval jurisdiction over the Board of Fire and Police Commissioners rules and regulations, we can reinsert these provisions. However, they will become unnecessary if the Board does wish to have such approval authority. (Deleted from existing 5.304) Article VIII- Police 1. The number of sworn members of the police department is no longer addressed in this Article. (Section 4.801B) 2. Even though it is not a substantive change from past practice, it is now specific in the Article that the Chief has the power to suspend officers for five days or less without going before the Board of Fire and Police Commissioners. (Section 4.801 B) 3. The requirement that a police officer be a U.S. citizen is now in this Article rather than the Board of Fire and Police Commissioners Article. (Section 4.8010) 4. The regulations with respect to Community Service Officers have been removed. It seems to me that these rules are better left to the police administration. We don't have codified rules governing civilian employees in other Village departments. (Removed from existing 4.804. 1 - 4.804. 11) iManage:204438_1 Mayor Irvana Wilks Village Manager Michael E. Janonis February 7,2008 Page 3 Article IX - Fire The same changes have been made to this Article as have been made in Article VIII. The removal of Community Service Officer is not applicable to the Fire Service. I have also added a provision allowing the Fire Chief to enter into mutual aid agreements. This mirrors an existing power of the Police Chief. iManage:204438_1 DRAFT 2-7-08 ARTICLE III BOARD OF FIRE AND POLICE COMMISSIONERS SECTION: 5.301 5.302 5.303 5.304 5.305 5.306 5.307 Membership, Appointment, Qualifications Term, Vacancies, Removal, Chair Authority General Duties of the Board Quorum, Regulations Reports of the Board Secretary of the Board DRAFT 5.301: MEMBERSHIP, APPOINTMENT, QUALIFICATIONS: The Board of Fire and Police Commissioners ("BOFPC") shall consist of either three (3) or five (5) members as the Village President may from time to time deem appropriate. Members must be residents of the Village. The members shall be appointed by the President of the Village with the consent of the Board of Trustees. The members shall be officers of the Village, and as such, shall be sworn in by the Village Clerk and file an oath of office and such other documents as may be required by law. (Ord. 3260, 9-21-1982) 5.302: TERM, VACANCIES, REMOVAL, CHAIR: The term of office of the members of this BOFPC shall be three (3) years, or until their respective successors are appointed and have qualified. However, the Village President may appoint a person for a lesser term if that lesser term will be in the best interest of the Village. No appointment of any member of the BOFPC shall be made by the President within thirty (30) days before the expiration of the President's term of office. Vacancies on the BOFPC shall be filled in the same manner as the original appointment. Members shall be subject to removal, upon the affirmative vote of five (5) members of the President and Board of Trustees. The Chair shall be appointed by the Village President for a term of twelve (12) months. At the discretion of the Village President, the chair may continue to serve as a member upon the appointment of a new chair. (Ord. 3260, 9-21-1982) 5.303: AUTHORITY: The BOFPC derives its authority from this Article pursuant to the home rule power of the President and Board of Trustees of the Village. (Ord. 4318, 6-4- 1991 ) DRAFT 2-7-08 5.304: GENERAL DUTIES OF THE BOARD: The BOFPC shall have only those duties as set forth in this Article or as otherwise may be provided in this Village Code and as may be required by the terms of a valid collective bargaining agreement of the Police and/or Fire Department. (Ord. 3260, 9-21-1982) 5.305: QUORUM AND REGULATIONS: A majority of the BOFPC members shall constitute a quorum for the conduct of business. The BOFPC shall make rules to carry out the purpose of this Article as pertaining to the discipline of police officers or firefighters. Such rules shall be subject to the approval of the Village Board. 5.306: REPORTS OF THE BOFPC: The BOFPC shall, on or before March 15 of each year, submit to the Village President a report of its activities and any suggestions which the BOFPC believes would result in greater efficiency in the Fire or Police Department. The President shall transmit the report to the Village Board. (Ord. 553, 5-21-1957; amd. Ord. 4738,7-5-1995) 5.307: SECRETARY OF THE BOFPC: The BOFPC shall elect one of its own members as official secretary. The secretary shall keep the minutes of the BOFPC's proceedings; shall be the custodian of all papers relating to the business of the BOFPC and shall perform such other duties as the BOFPC may from time to time prescribe. The Village Manager may appoint a Village employee to act as the BOFPC's recording secretary. 5.301 ~U~ 5.302A ARTICLE III BOARD OF FIRE AND POLICE COMMISSIONERS SECTION: 5.301: Membership, Appointment, Qualifications Term, Vacancies, Removal Authority General Duties Of The Board Adopt And Publish Rules, Regulations Reports Of The Board Secretary Of The Board Citizenship 5.302: 5.302A: 5.303: 5.304: 5.305: 5.306: 5.307: 5.301: MEMBERSHIP, APPOINT- MENT, QUALIFICATIONS: There is hereby created a Board of Fire and Police Commissioners 1 which shall consist of five (5) members who must be residents of the Village. The members shall be ap- pointed by the President of the Village with the consent of the Board of Trustees, and shall be considered officers of the Village, and shall file an oath and a fidelity bond in such amount as may be required by the President and Board of Trustees. No per- son may be appointed to serve on the Board of Fire and Police Commissioners or as secretary thereof who holds an office under this Village, or who is related, either by blood or marriage up to the degree of first cousin, to any elected official of this Village. No more than three (3) members of the Board shall belong to the same political party which voted as a unit for the election of Village officials at the last Village elec- tion and which is existing in the Village at the time of such appointments. Party affilia- tion shall be determined by affidavit of the person appointed as a member of the Board. (Ord. 3260, 9-21-1982) 5.302: TERM, VACANCIES, REMOV- AL: The term of office of the members of this Board shall be three (3) years, and until their respective successors are appointed and have qualified. However, in the case of the first appointment of two (2) additional members of this Board, one of such members shall be appointed to serve until the end of the then current Mu- nicipal year and the other member shall be appointed to serve until the end of the Mu- nicipal year next ensuing; provided said members shall serve until their successors are appointed and have qualified. No such appointment of any member of the Board shall be made by the President within thirty (30) days before the expiration of his or her term of office. Vacancies on the Board shall be filled in the same manner as the original appointment. Members shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within thirty (30) days in his or their own defense, before a regular meeting of the President and Board of Trustees. A majority vote of the President and Board of Trustees shall be required to remove any such member from office. (Ord. 3260, 9-21-1982) 5.302A: AUTHORITY: The Board of Fire and Police Commissioners de- rives its authority generally from the home rule power of the President and Board of Trustees of the Village pursuant to this 1. See Chapter 4, Article VIII for provisions relating to the Police Department; Chapter 4, Article IX for provisions relating to the Fire Department. Village of Mount Prospect 5.302A Article. That grant of authority includes all powers set forth in 65 Illinois Compiled Statutes 5/10-2.1-4 through 5/10-2.1-30 and all powers in this Article or any other enactment of the President and Board of Trustees of the Village. (Ord. 4318, 6-4-1991 ) 5.303: GENERAL DUTIES OF THE BOARD: Except as otherwise provided in this Article or as otherwise may be provided in this Village Code, the Board of Fire and Police Commissioners shall have those duties as are described in 65 Illinois Compiled Statutes 5/10-2.1-4 through 5/10-2.1-30, and any amendments thereto which may hereafter be adopted. The Board members shall elect a chairman to serve during the Municipal fiscal year. A majority of the Board members shall consti- tute a quorum for the conduct of business. (Ord. 3260, 9-21-1982) 5.304: ADOPT AND PUBLISH RULES, REGULATIONS: The Board shall make rules to carry out the purpose of this Article as pertaining to appointments, promotions, demotions and removal of officers, considering but not limited to the following: A. The extension of the probationary time period for probationary officers to period in excess of six (6) months from initial certification; B. The establishment of minimum educa- tional or other standards higher than that currently provided by law for all original appointees to the Police De- partment; C. The authority to establish standards for the appointment to sworn status of 5.304 community service officers, veterans or others with certified experience which demonstrably enhances the persons ability to make an efficient transition into the fire or police ser- vice. This may but shall not necessari- ly include the giving of preference points to persons with military experi- ence; D. The establishment of a minimum level of work experience for officers as a condition precedent for eligibility to take promotional examinations; E. The establishment of a probationary time period for all officers promoted from a lower rank; F. The establishment of a demotion pro- cedure whereby the Board shall have the authority to demote to a lower rank those officers who in the determi- nation of the Board have not met the standards of the Fire and Police De- partments; G. The establishment of a pre-test screening procedure for promotional examinations; H. The establishment of a selection pro- cedure giving the Fire Chief or Police Chief the authority to select candi- dates for officer and promotion differ- ent than that currently provided by law; I. Elimination of the seniority point sys- tem for promotion; J. The establishment of a fee for applica- tion processing for both police and fire testing, in accordance with the rules and regulations established by the Village of Mount Prospect 5.304 board of fire and police commission- ers. Except that the board shall not have the power to appoint the chief of police, the deputy chiefs of police, commanders, and watch commanders, the fire chief, deputy fire chiefs, battalion chief-shift command- ers. The chief of police and chief of the fire department shall be appointed by the vil- lage manager. Individuals may be appoint- ed by the chief of police with the advice and consent of the village manager for appoint- ment as deputy chief of police, commander, and watch commander. Individuals may be appointed by the fire chief with the advice and consent of the village manager for appointment as deputy fire chief, and/or battalion chief-shift commander. If a member of the police department is appointed as deputy chief, commander or watch commander prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held immedi- ately prior to his appointment. If he resigns or is discharged. as deputy chief, command- er, or watch commander prior to attaining eligibility to retire on pension he shall revert to and be established in such prior rank, and thereafter be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank. If a member of the fire department is ap- pointed as deputy fire chief, and/or battalion chief-shift commander prior to being eligible to retire on pension he shall be considered as on furlough from the rank he held imme- diately prior to his appointment. If he re- signs or is discharged as deputy fire chief and/or battalion chief-shift commander prior to attaining eligibility to retire on pension he shall revert to and be established in such prior rank and thereafter be entitled to all 5.306 the benefits and emoluments of such prior rank, without regard as to whether a vacan- cy then exists in such rank. (Ord. 3158, 11-3-1981; amd. Ord. 3260, 9-21-1982; Ord. 3906, 3-1-1988; Ord. 4318, 6-4-1991; Ord. 4723, 5-2-1995; Ord. 4738, 7-5-1995; Ord. 5479, 2-1-2005) 5.305: REPORTS OF THE BOARD: The board of fire and police commissioners shall, annually, on or before March 15 of each year, submit to the village president a report of its activities and the rules and regulations in force and practical effect thereof and any suggestions which the board believes would result in greater efficiency in the fire or police department. The president shall thereafter transmit the report to the village board for their consid- eration. (Ord. 553, 5-21-1957; amd. Ord. 4738, 7-5-1995) 5.306: SECRETARY OF THE BOARD: A. The board shall designate one of its own members to act as secretary. The secretary shall keep the minutes of the board's proceedings; shall be the custodian of all papers relating to the business of the board; shall keep a record of all examinations held, and shall perform such other duties as the board may from time to time pre- scribe. B. The secretary shall be paid such rea- sonable compensation for his services as from time to time fixed by the board of trustees. The board of trust- ees may also fix such compensation as deemed necessary and adequate for the other members of the board. In the absence of any action by the board of trustees, the members of the Village of Mount Prospect May 2005 5.306 5.307 board of fire and police commission- ers shall serve without compensation. (Ord. 553, 5-21-1957; amd. Ord. 4738, 7-5-1995) 5.307: CITIZENSHIP: No person shall be appointed to a sworn position in either the fire or police department un- less that person is a citizen of the United States of America. (Ord. 4318, 6-4-1991; amd. Ord. 4738, 7-5-1995) May 2005 Village of Mount Prospect DRAFT 2-7-08 ARTICLE VIII POLICE DEPARTMENT SECTION: DRAFT 4.801 4.802 4.803 4.804 4.805 Creation of Department; Appointment Chief of Police ' Supervisory Ranks Mutual Aid And Intergovernmental Police Agreements Disposition Of Abandoned Property 4.801: CREATION OF DEPARTMENT; APPOINTMENT: A. The Village of Mount Prospect Police Department is a department of the Village and shall be under the jurisdiction and control of the Village Manager. B. Other than for the Chief and those supervisory ranks set forth in 4.803 below, the power of appointment, suspension of greater than five (5) days, demotion or discharge of an officer of the Police Department, shall be vested in the Board of Fire and Police Commissioners acting pursuant to the provisions of Chapter 5 of this Code. Discipline involving suspensions of five (5) or fewer days shall be within the sole discretion of the Chief of Police as set forth in the BOFPC Rules and Regulations. C. No person shall be appointed to the position of sworn police officer unless that person is a citizen of the United States of America. 4.802: CHIEF OF POLICE. A. The head of the Police Department shall be the Chief of Police who shall be appointed by the Village Manager for an indefinite period of time. B. The authority to suspend, discharge or otherwise discipline the Chief of Police is vested with the Village Manager. C. The Chief of Police shall have such duties and responsibilities as are, from time to time, imposed by law or assigned by the village manager pursuant to subsections 4.1 03K and L of this Chapter. ( 1981 Code) DRAFT 2-7-08 4.803: SUPERVISORY RANKS A. The Chief of Police may appoint from within or outside of the Mount Prospect Police Department, with the written consent of the Village Manager, two (2) deputy chiefs of police, five (5) commanders. Such appointments shall be made from the rank of sergeant and above. The duties for such positions shall be as determined from time to time by the Chief of Police, upon consultation with the Village Manager. B. The Chief of Police is authorized to suspend, demote, discharge or otherwise discipline any or all of the persons holding the positions of Deputy Chief of Police or any Commander. Such actions shall be immediately reported to the Village Manager. C. If a member of the Police Department is appointed as Deputy Police Chief, Commander or Operations Commander and then resigns or is demoted from that supervisory rank prior to attaining eligibility to retire on pension he or she shall revert to such prior rank and be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank. 4.804: MUTUAL AID AND INTERGOVERNMENTAL POLICE AGREEMENTS: The Chief of Police is authorized and empowered to enter into contracts and agreements with other police departments regarding mutual police assistance, and to enter into intergovernmental police service agreements with park districts having areas within the corporate boundaries of the Village. Where any such mutual aid or intergovernmental police service agreement provides for or otherwise involves an appropriation or expenditure of public funds, such agreement shall be first submitted to the President and Board of Trustees for approval. (Ord. 4447, 7-7-1992) 4.805: DISPOSITION OF ABANDONED PROPERTY: A. Office Of Property Custodian Created: This section creates the office of property custodian for the Mount Prospect Police Department. The property custodian may be an officer of the Police Department or a civilian. The property custodian shall be appointed by and serve at the pleasure of the Chief of Police. Any further reference to the Chief of Police in this Section 4.805 shall also mean a designee of the Chief. B. Duties Of Property Custodian: The property custodian shall be the custodian of all personal property seized, taken or otherwise transferred to the possession of the Police Department. All officers and members of the Police Department who, in the course of duty, come into possession of any personal property shall deliver it promptly to the property custodian, unless it is needed for immediate use as evidence. If it is needed immediately as evidence, that fact DRAFT 2-7-08 shall be reported, in writing, promptly to the property custodian. Nothing in this section shall require the property custodian to take possession or dispose of any lost or stolen property, if the possession or disposition of it is otherwise provided for by this Village Code. C. Custody And Disposition Of Personal Property: The property custodian shall maintain a complete and accurate record of all personal property seized or transferred to the possession of the Police Department. In the case of property which is not contraband or needed as evidence, the property custodian shall make a reasonable effort to identify and notify the owner or any other person entitled to possession, and shall return the property after the person provides satisfactory proof of ownership or right to possession. The person claiming a right to the property shall reimburse the Police Department for reasonable expenses and costs of the custodianship. If the identity or location of the owner or other person entitled to possession has not been ascertained within sixty (60) days after the Police Department obtains possession, the property custodian shall proceed to dispose of the personal property. If the property is amenable to sale, the property custodian shall use such forum as may be approved by the Chief of Police to give notice of the sale, describe the property in general terms and specify the Village's intent to sell it to the public for cash. The property will then be sold to the public. Property offered, but not sold, may be offered and sold at a subsequent public sale without further notice. If any personal property is deemed to be of use to any Village Department, the property may be retained for use of the Department upon approval of the Chief of Police. Any personal property specified as not amenable to sale for any reason by the property custodian shall be confiscated or destroyed. The proceeds of any sale, after deducting the cost of storage, advertising, and other expenses incident to the handling and sale of the property, shall be paid by the property custodian to the Village of Mount Prospect Finance Director who shall deposit the proceeds into the General Fund of the Village. D. Exception; Weapons: The preceding provision of this Section shall not apply to pistols, revolvers, knives, dirks, slingshots, metallic knuckles, or other deadly or injurious weapons. All such weapons, except those that the Chief of Police shall order retained for the use of the Police Department, shall be presented to the Chief of Police for destruction within one year after receipt. E. Perishable Property: If perishable property is seized or transferred to the possession of the Police Department, the property custodian, upon certifying to DRAFT 2-7-08 the Chief of Police the perishable nature of the property. Upon the approval of the Chief of Police, the property custodian shall cause the property, if amenable to sale, to be advertised for sale by posting at three (3) public places within the Village and shall sell such personal property to the public at any time after three (3) days have elapsed from its seizure or taking possession. Any personal property deemed to be not amenable to sale or dangerous shall be disposed of as refuse as the Chief of Police may direct. F. Property Held For Evidence: Any property held for evidence shall be disposed of according to this Section not less than thirty five (35) days from the date when all appeals have been exhausted or longer if so required by law. (Ord. 4404,2-18-1992) 4.801 SECTION: 4.801: 4.802: 4.803: 4.804. 1: 4.804. 2: 4.804. 3: 4.804. 4: 4.804. 5: 4.804. 6: 4.804. 7: 4.804. 8: 4.804. 9: 4.804.10: 4.804.11 : 4.805: 4.801 : ARTICLE VIII Q.uu.&\ST ... 4.801 DEPARTMENT OF POLICE Creation Of Department; Appointment Duties And Responsibilities Mutual Aid And Intergovernmental Police Agreements Community Service Officer, Creation; Limitations On Personnel; Duties Application Required Qualifications Of Applicants; Requirements Training Required Duties Power To Enforce Ordinances Promulgation Of Rules And Regulations Duty Of Community Service Officers To Appear As Witnesses Uniforms Obedience To Police Regulations Compensation And Benefits Disposition Of Abandoned Property CREATION OF DEPARTMENT; APPOINTMENT: A. There is hereby established a depart- ment of police, which shall be under the jurisdiction and control of the vil- lage manager. 1. The head of said department shall be the chief of police who shall be appointed by the village manager for an indefinite period of time. 2. The chief of police is hereby autho- rized to appoint, from within or outside of the Mount Prospect police depart- ment, with the advice and consent of the village manager, two (2) deputy chiefs of police, four (4) watch com- manders and one operations com- mander, which positions shall be known as "exempt rank" positions. There shall be permitted a total of seven (7) exempt ranks in the police department. The duties, as assigned among the exempt ranks, may be shifted or modified from time to time by the chief of police, upon consulta- tion with the village manager. If a member of the police department is appointed to an exempt rank prior to being eligible to retire, he or she shall be considered as on furlough from the rank held at the time of the appoint- ment. a. The village manager is hereby authorized to suspend or discharge the chief of police. b. The chief of police, with the advice and consent of the village manager, is also hereby authorized to suspend or discharge any or all of the persons holding the positions of depu- ty police chief and/or watch command- ers. Village of Mount Prospect May 2005 4.801 c. In the event of the suspension or discharge of any of the persons hold- ing the positions of chief of police, deputy chief, and/or watch command- er, or such person resigns therefrom prior to retirement, said person or persons shall revert to his or her per- manent rank, if any, in the police de- partment as established under the Illinois board of fire and police com- missioners act1. B. All of the personnel of the said police department shall encompass such members in fire and police commis- sion rank and number as may be provided from time to time in the an- nual budget and the tax levy ordi- nance adopted by the president and board of trustees. The power of ap- pointment, discharge or suspension of all officers of the police department, other than the chief, deputy chief, and watch commanders established here- inabove, shall lie with the board of fire and police commissioners of the vil- lage heretofore created and now act- ing pursuant to the provisions of the Illinois municipal code2. C. The said department shall also en- compass such members of exempt rank, clerical assistance, community service officers and other employees the number of which the president and board of trustees shall provide from time to time in the annual budget and tax levy ordinance. (1981 Code; amd. Ord. 3229, 7-6-1982; Ord. 5480, 2-15-2005) 4.802: DUTIES AND RESPONSIBILI- TIES: The chief of police shall have such duties and responsibilities as are, from time to time, imposed by law or 4.804.1 assigned by the village manager pursuant to subsections 4.103K and L of this chap- ter. (1981 Code) 4.803: MUTUAL AID AND INTER- GOVERNMENTAL POLICE AGREEMENTS: The chief of police is here- by authorized and empowered to enter into, from time to time, contracts and agree- ments with other police departments re- garding mutual police assistance, and to enter into intergovernmental police service agreements with park districts having areas within the corporate boundaries of the vil- lage; provided that where any such mutual aid or intergovernmental police service agreement provides for or otherwise in- volves an appropriation or expenditure of public funds, such agreement shall be first submitted to the president and board of trustees for approval. (Ord. 4447,7-7-1992) 4.804.1: COMMUNITY SERVICE OFFI- CER, CREATION; LIMITA- TIONS ON PERSONNEL; DUTIES: There is hereby created a community service officer program within the department of police. A community service officer is a uniformed, unarmed, civilian member of the police department engaged in local ordi- nance enforcement and administrative du- ties within the police department. The ob- jective of this position is to relieve sworn personnel to perform duties that require a higher level of training and expertise, as well as to provide jobs for persons who wish to pursue a career in law enforcement. The chief of police, in coordination with the personnel officer and the village manager, may appoint community service officers in such manner as the village board shall from time to time deem necessary. Such commu- nity service officers shall be members of the police department of the village but not 1. 651LCS 5/10-2.1-1 et seq. 2. 65 ILCS 5/10-2.1-1 et seq. See also chapter 5, article VII of this code. May 2005 Village of Mount Prospect 4.804.1 subject to board of fire and police commis- sion rules and regulations. Such community service officers shall supplement members of the police department in the performance of their assigned and normal duties, only as provided herein. (Ord. 4447,7-7-1992) 4.804.2: APPLICATION REQUIRED: Each applicant to be a communi- ty service officer shall submit an application to the personnel officer. (Ord. 4447, 7-7-1992) 4.804.3: QUALIFICATIONS OF APPLI- CANTS; REQUIREMENTS: No applicant may be appointed as a community service officer if he or she has been con- victed of a felony, criminal misdemeanor or other crime involving moral turpitude. An applicant for the community service officer program shall: A. Be a United States citizen or autho- rized to be employed in the United States. B. Be at least eighteen (18) years of age. C. Offer of employment shall be contin- gent upon the successful completion of a physical and mental examination to ensure sufficient fitness to perform required duties. D. Never have been convicted of a felony or a criminal misdemeanor. E. Possess good moral character. (Ord. 4447,7-7-1992) 4.804.4: TRAINING REQUIRED: Com- munity service officers shall 4.804.7 receive a course of training in the use of such necessary materials, equipment and other police procedures as shall be appro- priate in the exercise of the powers con- ferred upon them under this article. Said course of training shall be developed and provided by the chief of police. (Ord. 4447, 7-7-1992) 4.804.5: DUTIES: Community service officers shall be assigned to perform the duties in the police department in accordance with current job descriptions. (Ord. 4447, 7-7-1992) 4.804.6: POWER TO ENFORCE ORDI- NANCES: Community service officers shall have the power and duty to enforce the terms and provisions of the village code. This power shall be exercised in conformity with the rules and regulations of the police department promulgated by the chief of police governing the functions of community service officers. (Ord. 4447, 7-7-1992) 4.804.7: PROMULGATION OF RULES AND REGULATIONS: The chief of police shall promulgate rules and regula- tions of the police department governing functions of community service officers. Said rules and regulations shall establish specific guidelines and procedures with respect to the enforcement of the village code by community service officers, the performance of those duties as set forth in section 4.804.5 of this article, the exercise of discretion by the watch commander or supervisor in the assignment of duties pur- suant to section 4.804.5 and such matters as may be appropriate. (Ord. 4447, 7-7-1992) Village of Mount Prospect May 2005 4.804.8 4.804.8: DUTY OF COMMUNITY SER- VICE OFFICERS TO APPEAR AS WITNESSES: All community service officers issuing citations for the violation of an ordinance of the village shall attend as witnesses before the courts where the trial may be had, and shall procure all neces- sary evidence in their power, and furnish a list of witnesses to the court and the prose- cuting attorney. No community service officer shall be entitled to any witness fees to be taxed against the village in any action for the violation of an ordinance where the village is plaintiff. (Ord. 4447, 7-7-1992) 4.804.9: UNIFORMS: Community service officers shall wear the uniform designated by police department rules, regulations, and general orders. A uniform allowance, as determined by the village board through fiscal budget appropriation, may be provided. (Ord. 4447, 7-7-1992) 4.804.10: OBEDIENCE TO POLICE REG- ULATIONS: Community service officers shall be, in addition to village rules and regulations, subject to the rules and regulations of the police department in the same manner as sworn members of the police department. (Ord. 4447, 7-7-1992) 4.804.11: COMPENSATION AND BENE- FITS: The president and board of trustees of the village shall determine, through its annual budget, the compensa- tion for community service officers. Benefits for community service officers are deter- mined by the sections set forth in the per- sonnel policy manual. (Ord. 4447, 7-7-1992) May 2005 4.805 4.805: DISPOSITION OF ABANDONED PROPERTY: A. Office Of Property Custodian Created: This section creates the office of prop- erty custodian for the Mount Prospect police department. The property cus- todian may be an officer of the police department or a civilian. The property custodian shall be appointed by and serve at the pleasure of the chief of police. B. Duties Of Property Custodian: The property custodian shall be the custo- dian of all personal property seized, taken or otherwise transferred to the possession of the police department. All officers and members of the police department who, in the course of duty, come into possession of any personal property shall deliver it promptly to be property custodian, unless it is need- ed for immediate use as evidence. If it is needed immediately as evidence, that fact shall be reported, in writing, promptly to the property custodian. Nothing in this section shall require the property custodian to take posses- sion or dispose of any lost or stolen property, if the possession or disposi- tion of it is otherwise provided for by this village code. C. Custody And Disposition Of Personal Property: The property custodian shall maintain a complete and accurate record of all personal property seized or transferred to the possession of the police department. In the case of property which is not contraband or needed as evidence, the property custodian shall make a reasonable effort to identify and notify the owner or any other person entitled to Village of Mount Prospect 4.805 possession, and shall return the prop- erty after the person provides satisfac- tory proof of ownership or right to possession. The person claiming a right to the property shall reimburse the Police Department for reasonable expenses and costs of the custodian- ship. If the identity or location of the owner or other person entitled to possession has not been ascertained within sixty (60) days after the Police Department obtains possession, the Property Cus- todian shall proceed to dispose of the personal property. If the property is salable, the Property Custodian shall cause to be published, in the newspa- per of general circulation within the Village, a notice of sale describing the property in general terms and specify- ing the Village's intent to sell it at public auction for cash at the location specified. The property will then be sold at pub- lic auction in a manner permitting inspection by the bidders of the per- sonal property. Property offered, but not sold, at such auction may be of- fered and sold at subsequent public auction without further notice. If any personal property is deemed to be of use to any Village Department, the property may be retained for use of the Department upon approval of the Village Manager. Any personal property specified as unsalable for any reason by the Prop- erty Custodian shall be confiscated or destroyed. The proceeds of any sale, after de- ducting the cost of storage, advertis- 4.805 ing, and other expenses incident to the handling and sale of the property, shall be paid by the Property Custodi- an to the Village of Mount Prospect Finance Director who shall deposit said proceeds in the General Fund of the Village. D. Exception; Weapons: The preceding provision of this Section shall not apply to pistols, revolvers, knives, dirks, slingshots, metallic knuckles, or other deadly or injurious weapons. All such weapons, except those that the Chief of Police shall order retained for the use of the Police Department, shall be presented for the Chief of Police for destruction within one year after receipt. E. Perishable Property: If perishable property is seized or transferred to the possession of the Police Department, the Property Custodian, upon certify- ing in writing the perishable nature of the property to the Chief of Police, shall, upon the approval of the Chief of Police, cause the property, if sal- able, to be advertised for sale by posting at three (3) public places within the Village and shall sell such personal property at public auction at any time after three (3) days have elapsed from its seizure or taking possession. Any personal property deemed to be unsalable or dangerous shall be disposed of as refuse or in other reasonable manner as the Chief of Police may direct. F. Property Held For Evidence: Any property held for evidence shall be disposed of according to this Section after the passage of thirty five (35) days from the date when all appeals have been exhausted or sooner upon Village of Mount Prospect 4.805 4.805 written authorization from the State's Attorney or the Village Attorney. (Ord. 4404, 2-18-1992) Village of Mount Prospect DRAFT 2-7-08 SECTION: 4.901 4.902 4.903 4.904 4.905 4.906 4.907 4.908 ARTICLE IX FIRE DEPARTMENT DRAFT Creation of Department; Appointment Fire Chief Supervisory Ranks Mutual Aid And Intergovernmental Fire Agreements: Fire Prevention Bureau Police Power of Members Use of Apparatus Penalty 4.901: CREATION OF DEPARTMENT; APPOINTMENT: A. The Village of Mount Prospect Fire Department is a department of the Village and shall be under the jurisdiction and control of the Village Manager. B. Other than for the Chief and the supervisory ranks set forth in 4.903 below, the power of appointment, suspension of greater than five (5) days demotion or discharge of any officer of the Fire Department shall lie with the Board of Fire and Police Commissioners acting pursuant to the provisions of Chapter 5 of this Code. Discipline involving suspension of five (5) or fewer days shall be within the sole discretion of the Fire Chief as set forth in the BOFPC Rules and Regulations. C. No person shall be appointed to the position of sworn firefighter unless that person is a citizen of the United States of America. 4.902: FIRE CHIEF: A. The head of the Fire Department shall be the Fire Chief who shall be appointed by the Village Manager for an indefinite period of time. B. The authority to suspend, discharge or otherwise discipline the Fire Chief shall be vested in the Village Manager. C. The Fire Chief shall have such duties and responsibilities as are, from time to time, imposed by law or assigned by the Village Manager pursuant to subsections 4.103K and L of this Chapter. (1981 Code; amd. Ord. 3230, 7-6- 1982; Ord. 3931,4-26-1988) DRAFT 2-7-08 4.903: SUPERVISORY RANKS: A. The Fire Chief may appoint, from within or outside of the Mount Prospect Fire Department, with the written consent of the Village Manager, one deputy fire chief, three (3) battalion chief-shift commanders and one battalion chief-training officer. The duties of such supervisory ranks shall be as determined from time to time by the Fire Chief, upon consultation with the Village Manager. B. The Fire Chief is authorized to suspend, demote, discharge or otherwise discipline any or all of the persons holding the positions of deputy fire chief, battalion chief-shift commander and/or battalion Chief in Training officer. Such actions shall be immediately reported to the Village Manager. C. If a member of the Fire Department is appointed as Deputy Fire Chief, and/or Battalion Chief-Shift Commander and then resigns or is demoted from that supervisory rank or Battalion Chief Training Officer prior to attaining eligibility to retire on pension he or she shall revert to such prior rank and be entitled to all the benefits and emoluments of such prior rank, without regard as to whether a vacancy then exists in such rank. (Ord. 3158, 11-3-1981; amd. Ord. 3260, 9-21- 1982; Ord. 3906, 3-1-1988; Ord. 4318, 6-4-1991; Ord. 4723,5-2-1995; Ord. 4738,7-5-1995; Ord. 5479, 2-1-2005) 4.904: MUTUAL AID AND INTERGOVERNMENTAL FIRE AGREEMENTS: The Fire Chief is authorized and empowered to enter into contracts and agreements with other fire departments regarding mutual fire assistance, and to enter into intergovernmental fire service agreements with park districts having areas within the corporate boundaries of the Village. Where any such mutual aid or intergovernmental fire service agreement provides for or otherwise involves an appropriation or expenditure of public funds, such agreement shall be first submitted to the President and Board of Trustees for approval. 4.905: FIRE PREVENTION BUREAU: A. The Fire Chief shall serve ex officio as the Chief of the Fire Prevention Bureau of the Fire Department. B. The Fire Prevention Bureau may consist of civilian members and/or such sworn Fire Department personnel as may be appointed by the Fire Chief for the purpose of administering and enforcing the regulations of the Village Code relating to building, fire prevention, fire safety and public education relative to fire safety. (Ord. 2882,4-4-1979; amd. Ord. 3230, 7-6-1982; Ord. 3931,4-26-1988; Ord. 4730, 5-16-1995) DRAFT 2-7-08 4.906: POLICE POWER OF MEMBERS: All members of the Fire Department are empowered to and shall have authority to arrest any person for any interference with the Fire Department in the performance of its duties or for the violation of any provisions of this Code or state law in connection with a fire. (Ord. 742, 1-24-1961) 4.907: USE OF APPARATUS: Only persons authorized by the Fire Chief or officer in charge may use any fire engine, hose or any other fire apparatus. (Ord. 742, 1-24-1961) 4.908: PENAL TV: Any person violating any of the provisions of this Chapter shall be fined for each offense as set forth in Appendix A, Division III of this Code. A separate offense shall be deemed committed on each and every day during or on which a violation occurs or continues. (Ord. 742,1-24-1961; amd. Ord. 5189, 5-15-2001) 4.901 Q..u" .e.c.s-r 4.901 ARTICLE IX FIRE DEPARTMENT SECTION: 4.901 : Creation Of Department; Appointment Fire Prevention Bureau Fire Chief; Duties Deputy Fire Chief; Duties Volunteer Firemen; Appointment Membership; Organization Duty Of Spectators At Fires Police Power Of Members Entering Fire House Use Of Apparatus Compensation Penalty 4.902: 4.903: 4.904: 4.905: 4.906: 4.907: 4.908: 4.909: 4.910: 4.911 : 4.912: 4.901: CREATION OF DEPARTMENT; APPOINTMENT: A. There is hereby established a fire department of the village, which shall be under the jurisdiction and control of the village manager. 1. The head of said department shall be the fire chief who shall be appoint- ed by the village manager for an in- definite period of time. 2. The fire chief is hereby authorized to appoint, from within or outside of the Mount Prospect fire department, with the advice and consent of the village manager, one deputy fire chief, three (3) battalion chief-shift com- manders, and one battalion chief- training officer; which positions shall be known as "exempt rank" positions. If a member of the fire department is 1.65 ILCS 5/10-2.1-1 et seq. appointed to an exempt rank prior to being eligible to retire, he/she shall be considered as on furlough from the rank he/she held at the time of his appointment. a. The village manager is hereby authorized to suspend or discharge the fire chief. b. The fire chief, with the advice and consent of the village manager, is also hereby authorized to suspend or discharge any or all of the persons holding the positions of deputy fire chief, and/or battalion chief-shift com- mander. c. In the event of the suspension or discharge of any of the persons hold- ing the position of fire chief, deputy fire chief, and/or battalion chief-shift commander or such person resigns therefrom prior to retirement, said person or persons shall revert to his or her permanent rank, if any, in the department as established under the Illinois board of fire and police com- missioners actl. B. All of the personnel of the said fire department shall encompass such members in fire and police commis- sion rank and number as may be provided from time to time in the an- nual budget and the tax levy ordi- nance adopted by the president and board of trustees. The power of ap- pointment, discharge or suspension of all officers of the fire department, other than the chief, deputy chief, or Village of Mount Prospect May 2005 4.901 battalion chief-shift commander estab- lished hereinabove, shall lie with the board of fire and police commission- ers of the village heretofore created and now acting pursuant to the provi- sions of the Illinois municipal code. C. The said department shall also en- compass such members of exempt rank, clerical assistance, fire assis- tants and other employees the number of which the president and board of trustees shall provide from time to time in the annual budget and tax levy ordinance. (Ord. 2011, 7-18-1967; amd. Ord. 3230, 7-6-1982; Ord. 3931, 4-26-1988; Ord. 4730, 5-16-1995; Ord. 5132, 8-1-2000; Ord. 5479, 2-1-2005 ) 4.902: FIRE PREVENTION BUREAU: A. In addition to directing the regular and volunteer fire departments of the vil- lage, the fire chief shall serve ex offi- cio as the chief of the fire prevention bureau of the fire department. B. The fire prevention bureau shall con- sist of civilian members, as well as such sworn fire department personnel as may be appointed by the fire chief for the purpose of administering and enforcing the regulations of this code relating to building, fire prevention, fire safety and public education rela- tive to fire safety. (Ord. 2882, 4-4-1979; amd. Ord. 3230, 7-6-1982; Ord. 3931, 4-26-1988; Ord. 4730, 5-16-1995) 4.903: FIRE CHIEF; DUTIES: In addi- tion to the duties and responsi- bilities provided in this article, the fire chief May 2005 4.907 shall have such duties and responsibilities as are, from time to time, imposed by law or assigned by the village manager pursu- ant to subsections 4.103K and L of this chapter. (1981 Code; amd. Ord. 3230, 7-6-1982; Ord. 3931, 4-26-1988) 4.904: DEPUTY FIRE CHIEF; DUTIES: The deputy fire chief shall be second only in rank to the fire chief, and he shall have such duties as may be assigned by the fire chief. (1981 Code; amd. Ord. 3230, 7-6-1982; Ord. 3931, 4-26-1988; Ord. 4730,5-16-1995) 4.905: VOLUNTEER FIREMEN; AP- POINTMENT: The membership of the fire department may be supplement- ed from time to time by volunteer "paid on call" firemen, the number and appointment of which shall be determined from time to time by resolution of the president and board of trustees upon recommendation of the fire chief. (Ord. 742, 1-24-1961; amd. Ord. 3230, 7-6-1982) 4.906: MEMBERSHIP; ORGANIZA- TION: The fire department may have any organization approved by the president and board of trustees and may hold meetings with the approval of the pres- ident and board of trustees. The secretary of the fire department, if any is elected or appointed, shall keep a record of all meet- ings and activities of the fire department. (Ord. 742, 1-24-1961) 4.907: DUTY OF SPECTATORS AT FIRES: All spectators at fires shall obey the orders of any of the mem- bers of the fire department then on duty. (Ord. 742, 1-24-1961) Village of Mount Prospect 4.908 4.908: POLICE POWER OF MEM- BERS: All members of the fire department are hereby empowered to and shall have authority to arrest any person for any interference with the fire department in the performance of its duties or for the violation of any provisions of this code or state law in connection with the fire. (Ord. 742,1-24-1961) 4.909: ENTERING FIRE HOUSE: It shall be and is hereby declared unlawful for any person or persons to enter the fire department house or any place where the equipment and apparatus of the fire department is stored, at any time ex- cept on business pertaining to the fire de- partment or except with authorization from the fire chief or officer in charge. (Ord. 742, 1-24-1961) 4.910: USE OF APPARATUS: Only persons authorized by the fire chief or officer in charge can use any fire engine, hose or any other apparatus be- longing to the village for any private pur- pose other than the extinguishment of fires. Whoever shall remove the same or any part thereof from its place of deposit or having control thereof, or shall permit such engine, hose or other apparatus to be used for a private purpose as aforesaid, shall, upon conviction, be subject to the penalties pro- vided in this article. (Ord. 742,1-24-1961) 4.911: COMPENSATION: All members of the fire department shall re- ceive such salary or compensation as from time to time is established by the annual budget and tax levy ordinance of the presi- dent and board of trustees. (Ord. 742, 1-24-1961; amd. Ord. 3230, 7-6-1982) 4.912 4.912: PENALTY: Any person, firm or corporation violating any of the provisions of this chapter shall be fined for each offense as set forth in appendix A, division III of this code. A separate offense shall be deemed committed on each and every day during or on which a violation occurs or continues. (Ord. 742, 1-24-1961; amd. Ord. 5189, 5-15-2001) Village of Mount Prospect November 2001