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HomeMy WebLinkAboutOrd 5679 03/04/2008 ORDINANCE NO. 5679 AN ORDINANCE AMENDING CHAPTER 4 ENTITLED "APPOINTIVE VILLAGE OFFICERS" AND CHAPTER 5 ENTITLED "BOARDS AND COMMISSIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Passed and approved by the President and Board of Trustees the 4th day of March 2008. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 5th day of March 2008. ORDINANCE NO. 5679 AN ORDINANCE AMENDING CHAPTER 4 ENTITLED "APPOINTIVE VILLAGE OFFICERS" AND CHAPTER 5 ENTITLED "BOARDS AND COMMISSIONS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING IN THE EXERCISE OF THEIR HOME RULE POWER: SECTION ONE: Chapter 4 entitled "Appointive Village Officers" of the Village Code as amended shall be further amended by deleting Article VIII entitled "Police Department" in its entirety and inserting in lieu thereof a new Article VIII, which shall be and read as follows: ARTICLE VIII POLICE DEPARTMENT SECTION: 4.801 Creation of Department; Appointment 4.802 Chief of Police 4.803 Supervisory Ranks 4.804 Mutual Aid And Intergovernmental Police Agreements 4.805 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 4.103K and L of this Chapter. 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. 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 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 2 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 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. 3 SECTION TWO: Chapter 4 entitled "Appointive Village Officers" of the Village Code as amended shall be further amended by deleting Article IX entitled "Fire Department" in its entirety and inserting in lieu thereof a new Article IX, which shall be and read as follows: SECTION: 4.901 4.902 4.903 4.904 4.905 4.906 4.907 4.908 ARTICLE IX FIRE DEPARTMENT 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. 4 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. 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. 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. 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. 5 4.908: PENALTY: 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. SECTION THREE: Chapter 5 entitled "Boards and Commissions" of the Village Code as amended shall be further amended by deleting Article III entitled "Board of Fire and Police Commissioners" in its entirety, and inserting in lieu thereof a new Article III which shall be and read as follows: ARTICLE III BOARD OF FIRE AND POLICE COMMISSIONERS SECTION: 5.301 Membership, Appointment, Qualifications 5.302 Term, Vacancies, Removal, Chair 5.303 Authority 5.304 General Duties of the Board 5.305 Quorum, Regulations 5.306 Reports of the Board 5.307 Secretary of the Board 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. 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. 6 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. 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. 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. 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. SECTION FOUR: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: Hoefert, Juracek, Korn, Lohrstorfer, Zadel NAYS: None ABSENT: Corcoran PASSED and APPROVED this 4fu day of March, 2008 ~ ~j/#ff I ~' Irvana K. Wilks, Mayor ATTEST: '. 7