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HomeMy WebLinkAbout6. NEW BUSINESS 05/20/2008 Mount Prospect Public Works Department ~ INTEROFFICE MEMORANDUM DATE: MAY 5, 2008 SUBJECT: ALEXIAN BROTHERS MEDICAL CENTER 199 WEST RAND ROAD TO: VILLAGER MANAGER MICHAEL E. JANONIS VILLAGE CLERK LISA ANGELL FROM: VILLAGE ENGINEER Attached please find the Village Board Approval and Acceptance form for the subject project. The project has been satisfactorily completed and I recommend approval of this project. Please place this in line for inclusion at the May 20, 2008 Village Board Meeting. ~~ Cc: Glen R. Andler, Public Works Director H: \Engineering\Development\DEV\BOARDACC\AlexianMm VILLAGE BOARD ACCEPTANCE OF PUBLIC IMPROVEMENT AND/OR PRIVATE IMPROVEMENT APPROVAL PROJECT: Alexian Brothers Medical Center LOCATION: 199 West Rand Road DATE: May 5. 2008 STAFF APPROVAL ENGINEERING DRAWINGS APPROVED: PLAT OF SUBDIVISION RECEIVED: PLAT OF SUBDIVISION RECORDED: AS BUILT PLANS REVIEWED AND APPROVED: PUBLIC WORKS APPROVAL: COMMUNITY DEVELOPMENT APPROVAL: FIRE DEPARTMENT APPROVAL: ~ ~ ENGINEER CLERK CLERK ENGINEER PUB.WKS.DIR. COMM.DEV.DIR. FIRE PREVENTION PUBLIC IMPROVEMENTS FOR ACCEPTANCE BY VILLAGE WATER MAIN SANITARY SEWER STORM SEWER ROADWAYS SIDEWALKS STREET LIGHTS P ARKW A Y TREES PARKWAY LANDSCAPING PRIVATE IMPROVEMENTS APPROVED WATER SERVICE SANITARY SEWER SERVICE STORM SEWER STORMW A TER DETENTION PARKING LOT SIDEWALK SITE LIGHTING LANDSCAPING 375 L.F. - 8" N/A N/A N/A 1.250 S.F. Covenant 4 Complete Complete Complete Complete Complete Complete Complete Complete Complete APPROVED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, THIS DAY OF , 2008. Village Clerk MAYOR Irvana K. Wilks Mount ProsJX."Ct VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert Arlene A. Juracek A. John Korn Richard M. Lohrstorfer Michael A. Zadel ~ VILLAGE CLERK M. Lisa Angell Phone: 847/392-6000 Fax: 847/392-6022 TOD: 847/392-6064 www.mount:proliPect.org Village of Mount Prospect 50 South Emerson Street, Mount Prospect, Illinois 60056 March 4, 2008 Jim Harrel Senior Manager - Real Estate Real Estate Department Folder: 01774-36 Union Pacific Railroad 1800 Farnam Street Omaha, NE 68102 Re: Mount Prospect Farmers Market Dear Mr. Harrel: Enclosed you will find a check from the Mount Prospect Lions Club for $250 to cover the next five years of lease payments commencing with the 2009 season through the 2013 season to operate the Farmers Market in the commuter parking lot. The insurance certificate for the 2008 season is also enclosed for your records. On behalf of the Loins Club and the community I would like to thank Union Pacific for the continued cooperation in staging this valued community event. Please contact me at 847-392-6000, extension 5305 if you have any other questions. Sincerely, / /J ~ .s:Lv David Strahl Assistant Village Manager C: Tom Zapler Fred Steinmiller, Loins Club H:\VILM\Farmers Mkt\Farmers Market Lease Letter 2009-2013 Season. doc ]) 82./19/89 11:38:24 (638) 324-2179-} 8479569583 Pqc 882 ACc;;;b" PRODUCER HRH .,33 E. S>Jtterfi&ld Rood. !tlh Fi:)or L01l'lbaro,1LIY;)'148 P~lOlle: ';SOC)3-16-6705 Fax (S~.oj S:l4-2779 INSURED Mount Prospect Lions Club IlUnols THIS C RTlFlCATlON I I ONLY ANn CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVEAAGE MFORDCD BV THE POLICIES BELOW. I INSURERS AFfORCING COVERAGE NAle .. INSURER A: ACE American Insurance ComPMY 22667 INSURER B: INSURER C INSURER 0 INSURER E: CERTIFICATE OF LIABILITY INSURANCE COVERAGES THE POLICIES OF INSURANCE i1STED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POlICY PERIOOINDICATEO. NOTWITHSTANDING I'm RE.:lU1REMENT, TERM OR CON01TION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AfFORDED BY THE FOllCIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGl"REGA TE LIMITS SHCW,/N MA V HAVE BEEN REDUCED BY PAlO ClAIMS. _ T'tf'lO O!" iltlIU~ POLlev NUMBER POLICY ~E:CTIVE POUCV ElCPIRATION . I ~RAL LIA8.lUTY lilY'.)G21745002 8. OSlJiHi2007 ,.,. _x tCOl'r"'~1EIl;Cl~;;;Er~ER~Lli\B!Lt'TY C~Z030")""''' rV1 '" . ~~'l..1 _ ClAIMS r~.DE ~ ()!;CUR UMIfS ~ 1.O<Jf),<JOO 1,001:1,000 1,000 1,000,000 2,000,000 2.nQO,roo 09!01!2OC18 1_~R&tCE !;lED €lCP I"'" ooe PfI,aonl PERS.?hlAL & ~. IN..I;R'~ 3E1eR~ AO\OREGA.TE s $ [- I-- ~'L."G3RE~~\m AP~S PER: I. I POLIC" 1 11& I I ~c1t'~ .IolIfOlll(I8ILE ~iA9ll!TY S PROOLICTi! - COtAP!Ol' '<00 $ . A _.0_ ANV Ai.=TC t--- ~Ui. O"!;Woi:D .:U.l'TOO 9C}tE['ULE[)~~IT()E ~ "'IRE!:' ,"'-l""~ [- 115. NOl'~.Gt/I.'NE:> AU7"':'S HDOG21745662 & CSZIJ:3C2".i{1!:, !){;j(;!l2O,')7 O{t'\l'll2006 COM!lINeO 5IN>:;LE LIMIT ;Ea acc:r'...anI1 IN(:Ll.!DED &OC'lLY iWJVR':' fP.r~~ s II" ABOVE BODILY INJIJRY ,~r3Cclll.I\l.' 1- PROPERTY D.A,MAGE (~r o:ddenI} $ GARAGE UABft..IW R Arff AL,T:) EXl..'ESSiUliltlRELLA UA81LIT'f o OCCUR 0 C'l....IMS r".1IOE R DIOC<K-llBLE RETEI'lTlON S WORKERS COMPEN....TlON ANO EMPLOYER I' LWlILITY ,4M' PRO~lETOR:'PAATNER'El'.ECLITI\''E cmCERIMEMBEA EXCLl109J? If ;'1$. ClHCI1lle under SPECI"LffiOV~K)NS tot'O\~ OTHER AUTO ONLY. EA ".CCIDEIIIT EACH OCCURRENCE I ~... ACe i $ a A(1) ClTiofER THAN .AUTO ONLY: AOOREGJ,TE oS S S i I T~~~11t" I I Ol.t' E.L. EACH .I>,CCI!:...NT Eo E.L. DlllE.o>.8E . 10"- EMPLOYE! $ E.L. ",lS~E-FO'.lC'l L1M;T i DESCRlPllOH OF' OPERAnONS! LOCATIONS 'VEHICLES' ElICLUS10NS ADDEO &Y ENDORSEMENT! SPECIAl9ROVlSIONS PrCll/illon' at the policy apply ta Ihe named Insured" partldpallan In Ihe fallowing tdIvIlV duringlhe policy pllIlod shown abCll/e: operlllng a Fernlers Market larm June 8 - OlOtober 18, 2008 at the Union Paoific: Railroad Union Pacific Railroad, 10416 Dodge Slrelll, Omaha, Nebraska 68179 is included as an Addilionallnsured(sl, but only wilt! resplld 10 General Liability arising out of 1I1e use of premises by the Insured shOWt\ ablll/t! and nol our rIf the sole negligence of said .dd1l1anallnsured. PROVISIONS OF Tl-IE POLICY 00 NOT APPLY TO Tl-IE SAlE OR SERVING OF AlCOHOLIC BEVERAGES CANCELLATION SHOULD NfY OF THE ABOVE DESCRIBED POlICIES BE CANCEllED BEFORE THE EXPIRAOON DATE THEREOF, THE ISS\JlNG INSURER WILL ENDEAVOR TO MAll ~ DAYS WRITTEN MOTICi: TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Bl1T FAILURE TO 00 SO SHALL IMP05ENOOBllGATION ORUABIUTYOF AllY KiNO UPON THE INSURER, IT5AGENTSOR REPRESENTATIVES. AUTflORIZED REflRESEUrAllYE ~ACORD CORPORATION 19" Jl.~~!:l~ :25 .1:20D1JMl RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF A GRANT OF LICENSE WITH THE MOUNT PROSPECT LIONS CLUB TO CONDUCT A FARMERS' MARKET WHEREAS, the Village of Mount Prospect supports the annual Farmers' Market held in the commuter parking lots; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village would be served by entering into a Grant of License between the Village and the Mount Prospect Lions Club in order to conduct the annual Farmers' Market from June 8,2008 through October 26, 2008. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Mayor and Board of Trustees of the Village of Mount Prospect do hereby authorize the execution of a Grant of License to the Mount Prospect Lions Club to conduct the Farmers' Market on Union Pacific Railroad property, which property is leased by the Village and under the control of said Village, a copy of the Grant of License is attached hereto and hereby made a part of as Exhibit "A", 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: NAYS: ABSENT: PASSED and APPROVED this th day of May, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WIN\RES\F armersMarket,2008.doc Exhibit" An GRANT OF LICENSE The Village of Mount Prospect hereby grants a license to the MOUNT PROSPECT LIONS CLUB (licensee) for the purpose of operating a Farmers' Market on the parking lots located at the Union Pacific Railroad property located both east and west of Main Street/Elmhurst Road, which property is currently leased by the Village of Mount Prospect from the Union Pacific Railroad Company. This License is subject to the following conditions: 1. The term of the License shall be from June 8, 2008 through October 26, 2008. 2. Each vendor operating at the Farmers' Market shall possess a Certificate of Public Liability Insurance in an amount not less than $100,000 per occurrence and shall execute a Hold Harmless Agreement, a copy of which is attached hereto and hereby made a part of as Exhibit "B". 3. This License shall be revocable at any time by the corporate authorities of the Village of Mount Prospect if the licensee or any vendor is in violation of state or local laws or this Grant of License. 4. The licensee must issue written rules applicable to all vendors and must certify each vendor as qualified prior to the vendor's participation in the Market. The licensee shall ensure all applicable Village food code regulations (Chapter 12 of the Mount Prospect Village Code) are followed and enforced. The licensee shall cooperate fully with duly authorized Village employees for enforcement of Village codes including but not limited to prequalification, spot inspections, etc. 5. Within ten (10) days of the execution of this Grant of License, the licensee shall submit to the Village Manager a pro forma revenue and expense statement setting forth certification fees and estimated revenues, expenses, management fees, if any, and the proposed disposition of potential net revenues. 6. Priorto November 30,2008, the licensee shall issue a written report to the Village Manager outlining the financial aspects of running the Market, problems encountered in the year 2008 season, along with proposed solutions, proposals for improving the Market and the outlook for the future of the Market. 7. The licensee shall possess a Certificate of Insurance for public liability insurance in an amount of not less that $1,000,000 per occurrence naming both the Village of Mount Prospect and the Union Pacific Railroad Company as additional insured. Page 2/2 Farmers Market License 2008 8. The licensee/grantee shall not discriminate against any employee, applicant, volunteer, authorized vendor or event participant because of race, color, religion, sex, sexual orientation, marital status, national origin or ancestry, citizenship status, age, physical or mental handicap unrelated to ability, military status or an unfavorable discharge from military service. This Grant of License is personal to the MOUNT PROSPECT LIONS CLUB and may not be transferred to any other person or entity. Dated this _ day of May, 2008. VILLAGE OF MOUNT PROSPECT By: APPROVED/ACCEPTED: Michael E. Janonis Village Manager for the Mount Prospect Lions Club EXHIBIT "B" HOLD HARMLESS WHEREAS, MOUNT PROSPECT LIONS CLUB ("GRANTEE") has requested permission of the corporate authorities of the Village of Mount Prospect, ("GRANTOR") to operate a Farmer's Market within the parking lots located on the Union Pacific Railroad property, located both east and west of Main StreeUElmhurst Road; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect did adopt Resolution No. on May ,2008, entitled "A Resolution Authorizing Execution of a License to the Mount Prospect Lions Club to Conduct the Annual Farmers' Market in the Village". NOW, THEREFORE, upon the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt of sufficiency of which are hereby acknowledged, the GRANTOR has granted a Grant of License to GRANTEE to operate a Farmers Market within the parking lots located on the Union Pacific Railroad property, located on both the east and west sides of Main StreeUElmhurst Road, which license is conveyed, however, subject to the following terms, covenants and conditions: 1. The GRANTOR may at any future time after the date hereof revoke the License referenced herein and without notice to the GRANTEE and without cost to either the GRANTOR or his/her successors or assigns. 2. Upon such revocation of said License by the GRANTOR, and with written notice of said revocation to the GRANTEE, the GRANTEE shall cease operation of said Farmers' Market. 3. GRANTEE shall at all times, and under all circumstances, indemnify, protect, and save harmless the GRANTOR, its grantees, licensees, agents, lessees and invitees, from and against any and all damages, losses, claims, demands, actions, and causes of action whatsoever (including any reasonable costs, expenses, and attorneys' fees which may be incurred in connection therewith) whether or not the claim, demand or other action asserted by meritorious, and which results from or is alleged to arise as a result of the activity being the subject of this Agreement. 4. GRANTOR shall not be liable to GRANTEE, her grantees, licensees, agents, lessees, or invitees for any damages or injuries (including death) to any person thereof except to the extent that injuries or damages are caused by the negligent, willful, or malicious misconduct of GRANTOR. Page 2/2 Farmers' Market Hold Harmless 5. Any notice herein provided to be given shall be deemed properly given if in writing and delivered personally or mailed to the GRANTOR at: 50 South Emerson Street Mount Prospect, Illinois 60056 or to the GRANTEE at: P. O. Box 332 Mount Prospect, Illinois 60056 or to such other person or address as the parties hereto may from time to time designate upon written notice. 6. This Agreement shall insure to the benefit of and be binding upon the parties hereto and their respective successors in interest. IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed by their proper officers, thereunto duly authorized and their respective seals to be affixed this day of May, 2008. MOUNT PROSPECT LIONS CLUB By: VILLAGE OF MOUNT PROSPECT, a municipal corporation ATTEST: By: Michael E. Janonis Village Manager M. Lisa Angell Village Clerk H :ICLKOIWI NIRESIF armersMarket,2008. doc MEMORANDUM Village of Mount Prospect Community Development Department SUBJECT: PLAT OF EASEMENT BRIAR WOOD BUSINESS CENTER TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: MAY 13,2008 Construction of the new industrial buildings on the southeast comer of Dempster Street and Linnem Road required upgrading the water main service to the property. As part of the original development approvals, the Village of Mount Prospect required the property owner to provide a utility easement for the new water main. In order to comply with Village Code requirements, the Applicant prepared a plat of easement providing an additional 15 feet as an easement along Dempster Street. The proposed 15-foot easement, when combined with existing easements in the area, will create a 30-foot easement for utilities along the south side of Dempster Street. The Plat of Easement requires Village Board review and approval. Attached is a copy of the Plat of Easement prepared by the Applicant. It denotes the location of the utility easement and includes the appropriate signature blocks. Staff has reviewed the plat and found it to be prepared according to all Village codes and requirements. Please forward this memorandum and attachments to the Village Board for their review and consideration at their May 20, 2008 meeting. Staff will be present to answer any questions related to this matter. HIPLAN\Planning & Zoning COMM\P&Z 2008\ME! MemoIPZ-44-0S ME! Memo (Plat of Easement - Opus).doc E RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF EASEMENT FOR UTILITIES AT BRIARWOOD BUSINESS CENTER, SOUTHEAST CORNER OF DEMPSTER STREET AND ALGONQUIN ROAD. MOUNT PROSPECT. ILLINOIS WHEREAS, Opus Briarwood, LLC, ("Owner") has requested approval of a Plat of Easement for the purpose of providing an additional 15 feet of easement along Dempster Street to create a 30 foot easement for utilities along the south side of Dempster Street, Briarwood Business Center located at the southeast corner of Dempster Street and Algonquin Road, Mount Prospect, Illinois ("Property"); and WHEREAS, the "Owner" is in the process of completing the construction of two new industrial buildings at the property and is required to provide a utility easement for the new water main service to the property; and WHEREAS, the "Owners" Plat of Easement dated April 7, 2008 includes a new public water main easement that is applicable to the redevelopment site as approved by the "Owners" Plat of Subdivision approved by Resolution 4-06 dated February 7,2006. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS A HOME RULE MUNICIPALITY: SECTION ONE: That the Plat of Easement for property located at the southeast corner of Dempster Street and Algonquin Road, Briarwood Business Center, a copy of which is attached to this Resolution as "Exhibit A", is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a 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: NAYS: ABSENT: PASSED AND APPROVED this th day of May, 2008. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H :\CLKO\WI N\RES\Plat of dedicationsecornerdempsterandlin nemanroadsmay2008.doc ~ '" '1 NORTH LINE OF THE NE OUARTE~ O~ S~C 23-41-11 \ __ DEMPSTER STREET HERETOFORE DEDICATED ~ '" '1 '1M ., I ---. T-1 I : I : I O\~ I f'1 ~ ~ ~ ~ iii I r .:!!i ~ ~ ~~ I ~ ~ ~~ ~ ~ . ili I -< ~ ~~ g ,~ ~~" ~~ Z> ~~ I ~, ;o~~ ~ -i I g> r::: 0 I nZO tJ ." Vi'" '" I VI _ b I 0 ~ab -II 0 .......<:---l IN, ~ ~~N 0\ A- . AD I I ~ z "I - 0:, rTl I I I I I '\ I 11.21' :'1 ./ N88~2'l1"E I ~: ~ L-~ ~I: ~, !I~ : ~I : ~ ~ lI11 I:::I~ ~ ~ ~ ill 0 '" ~ ~I: ?- ~ ~ ~: : ~. ..... . I I i\9 ~II' ~ ~ (,Q I I Z a1 ~I' I 8~ Cl ~'I "vi ~ I:: #~ F I, NVl '" -c o II ~ (3 OJ "T'I I 0 .b8 t;i I ~ ~< -< I ~o WJv; o I - .." I.. 0 ,tj Z I' ,- ,!jii I , I , , LI 10' DRAlN/>GE " PUBUC lfTlurY EASEMENT I PER DOC.052193//20 : fEASEIIENT PER t1' DOC.2Ofi18819 -'-'-I REVISIONS' r- :J:2 ~~ 63: -n> 33z '" o '" o n ~:D "'0 0> C IRON PIPE FOUND O.Dl'E ONLINE f'1 ,. Ul -< r Z f'1 ~ .. :;l -< :\ ~~O~ ~ 'vO~...\S 1>.1>. ~~~~~~~ ~,\\",., 'v\~~~ \) 363' LOT 1 ~'\~t c,X:~d~)o ~ss "":>.,\\'1.: s\~~~~'/..\~ ~~'\'? 0'" PART OF LOT 3 LINNEMAN'S DIVISION PER DOC 15716544 EAST LINE OF WEST 363 FEET OF LOT 3 SOUTH LINE OF NORTH 120 FEET OF LOT 3 NORTHWEST CORNER OF LOT 3 363.04' tsl_ OUl ,&p 0\0 ":0 -.I . =i I~Ul ~~~ I. ~'" ~ I::: ~ PER DOC. 062193//20 '~~G') I ~ 15' BUILDING SETBI>CK UNE L" _ _ _ PER DOC.052193//20 _ , , , I , , , , , I' -~~: 'I' 1,' ~:.-- 10' EXCWSIVE WATERIIAlN o ~: ~'fl"J%!052793//20 - ~' t ,l- 15' BUILDING SETBACK UNES j1i PER DOC. 0621931120 , , r - - ~BUILDlNG SETBI>CK UNE- I PER DOC.0621931120 ~ Ul --< r Z f'1 o " r o --< I I ~ \ "'- r -- J-- H-j---- ~ 'J2 84.93' UPON RECORDING RETURN TO: VILLAGE OF MOUNT PROSPECT C/O JEFF WULBECKER 50 SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056 04/07/2008 PROV 1211112007 PLAT OF EASEMENT PIN: 08-23-200-051-0000 FOR WATERMAIN PURPOSES OVER PART OF LOT 1 IN BRIAR WOOD 8USINESS CENTER. 8EING A SU8DIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 23, IN TOWNSHIP 41 NORTH ANO RANGE 11 EAST OF THE THIRO PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDEO OCTOBER 6, 2006 AS DOCUMENT 0627931120, IN COOK COUNTY, ILLINOIS. ST A TE OF ILLINOIS) ) SS COUNTY OF COOK , WE. SPACECO. INC.. AN ILLINOIS PROFESSIONAL OESIGN FIRM, NUMBER 184-001157 DO HEREBY DECLARE. THAT WE HAVE PREPARED THE PLAT HEREON DRAWN FOR THE PURPOSE OF GRANTING AN EASEMENT AS SHOWN, AND THAT THE PLAT IS A IS A TRUE AND CORRECT REPRESENT A TION OF SAID EASEMENT. ALL DIMENSIONS ARE IN FEET AND DECIMAL PARTS THEREOF. NO DISTANCES OR ANGLES SHOWN HEREON MAY BE ASSUMED BY SCALING. GIVEN UNDER OUR HANO Ar;>\ SEAL THIS ~ DAY OF _.Ap:;tnn_n__ 2008. ~~~:~~___n_n~_____~n c. N lOUNSBURY. I.P.l.S. NO. 035-'"41 LICENSE EXPIRES, 11-30-2008 (VALID ONLY IF EMBOSSED SEAL AFFIXEOJ COMPARE ALL DIMENSIONS BEFORE BUILDING AND REPORT ANY DISCREPANCIES AT ONCE. REFER TO SU8DIVISION PLAT, DEED OR TITLE POLICY FOR BUILDING LINES ANO EASEMENTS NOT SHOWN. OWNERS CERTIFICATE STATE OF ~_~_c::l:~, COUNTY OF ~\\~..,_I S.S. THIS IS TO CERTIFY THAT LIT INDUSTRIAL LIMITED PARTNERSHIP IS OWNER OF THE PROPERTY DESCRIBED HEREON AND THAT IT HAS CAUSED THE SAIO PROPERTY TO 8E PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES THEREIN SET FORTH, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE TITLE THEREON INDICA TED. DATED THIS&2i-I-L~AY OF -Ar..':~_~__nn_' A.D. _'u~_C?.e SIGNED.A. - m "_ -nln~mmn m_m _ N. __ ~m{;..-n~_~_~TvP PRINTE NAME AND TITLE SI GNED: PRINTEO-NAME'ANO-T-IT-LT m._____m______m_ AND ______. A NOTARY PU8LIC IN ANO FOR :~_~~_~~~~.AI~;T~~ ~~~~~~I:_~_~~~_Tn___ TITLE OF LIT INDUSTRIAL LIMITED PARTNERSHIP WHO ARE PERSONALLY KNOWN TO ME TO BE THE SAME WHOSE NAMES ARE SU8SCRIBED TO THE FOREGOING CERTIFICATE. APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT THEY 010 SIGN ANO DELIVER THIS INSTRUMENT AS A FREE AND VO}.UNTARY ACT FOR THE USES ANO URPOSES HEREIN SET FORTH:/ OTARIAL SEAL THISL'JJ1:;AY OF ~! ?ATR!CIA ANN ,AliC" Nc !~ry Pub~, State ofTe~:as ,,1v C0mmte,.(,,., is)(Pi~.; Juneltl.2011 AN EASEMENT IS HEREBY RESERVED AND GRANTED OVER ANO UNOER THE PLATTEO AREAS HEREON NOTED AS "WATERMAIN EASEMENT". TO THE VILLAGE OF MOUNT PROSPECT TOGETHER WITH THEIR RESPECTIVE SUCCESSORS AND ASSIGNS. TO INSTALL. LAY. CONSTRUCT. RENEW, OPERATE AND MAINTAIN, PIPES ANO WATER MAINS. UNOERGR'OUND, WITH ALL NECESSARY MANHOLES. WATER VALVES AND OTHER EOUIPMENT FOR THE PURPOSE OF SERVING THE SAID REAL ESTATE WITH WATER SERVICE AND OTHER MUNICIPAL SERVICES. ALSO THERE IS HEREBY GRANTED THE RIGHT TO ENTER UPON THE SAID REAL EST A TE AT ALL TIMES TO INSTALL. LAY. CONSTRUCT. RENEW, OPERATE AND MAINTAIN WITHIN THE SAIO REAL ESTATE SAIO MANHOLES. WATER VALVES. PIPES, AND OTHER EOUIPMENT: THE RIGHT OF INGRESS AND EGRESS IS HERE8Y GRANTED OVER. UPON ANO THROUGH THE SAIO REAL EST A TE OF EMERGENCY VEHICLES OF ANY AND ALL TYPES, FOR ANY PURPOSE WHATEVER, NO PERMANENT 8UILDING SHALL HEREAFTER BE PLACED ON THE SAIO EASEMENT, AS DETERMINED, BUT THE SAME MAY BE USED FOR GARDENS. SHRU8S. LANDSCAPING AND SUCH OTHER PURPOSES THAT THEN AND LATER DO NOT UNREASONABLY INTERFERE WITH THE USES OR THE RIGHTS HEREIN GRANTED. NO OVERHEAO UTILITY FACILITIES ARE PERMITTED IN THIS HEREBY CREA TEO EASEMENT. ~ SCALE' 1" . 80' BOARD OF TRUSTEES STATE OF ILLINOIS' ) SS COUNTY OF COOK ) APPROVED BY THE PRESIOENT ANO BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY. ILLINOIS. THIS nn___ DAY OF __nn_n__.nn_. A.D. _n__n_ SIGNED, __n_nnn_ _n_._n__n__ _ __n_ __n__ n___nn_n VILLAGE PRESIOENT ATTEST, -l,ifCCAGE-ClTRKnnnmnm------nnnmn-.n VILLAGE ENGINEER ST ATE OF ILLINOIS ) ) SS COUNTY OF COOK ) APPROVED BY THE VILLAGE ENGINEER OF THE VILLAGE OF MOUNT PROSPECT. COOK COUNTY. ILLINOIS. THIS _nn__ DAY OF A.D. n_n___' SIGNED. nn nnn_____n__ n_ _nn n_nnn_n______n_ n VILLAGE ENGINEER VILLAGE COLLECTOR STATE OF ILLINOIS ) ) SS COUNTY OF COOK ) I FIND NO DEFERRED INSTALLMENTS OF OUTSTANOING UNPAIO SPECIAL ASSESSMENTS DUE ArJ;jST ANY Of THE LAND INCLUDED IN THE ABOVE PLAT 'J./ DATED THIS L'l:JJ-_ DAY OF . mnn'_' A.,;Jj1Jjn. SIGNED. _n_n_n__ nn___ _ _n_ _nn_ __ _ __n_nnnnn___ VILLAGE COLLECTOR LEGAL DESCRIPTION FOR 15' PU8L1C UTILITY EASEMENT THE SOUTH 15 FEET OF THE NORTH 30 FEET OF LOT 1 IN 8RIARWOGD BUSINESS CENTER. 8EING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 23. IN TOWNSHIP 41 NORTH AND RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN. ACCORDING TO THE PLAT THEREOF RECOROED OCT08ER 6. 2D06 AS DOCUMENT 0627931120. IN COOK COUNTY. ILLINOIS. ,,,,,''",,,,/ ",'..~ br.~ LOUN~ "" .:-' ~~'"""IfI~:c9~;,o,~ i CJ, 2&41 :;L. ; g I PROFC:~ONAL ~ ; \ 5S~~W'~ J ~ ; ~ '\- ILUNOIS /.P:J ~ -:., O&"'t"''''H''''~~O''''''...$' ""/~""ONT. \\.~,\", """11\1'" ~u o ~ ~ ~ > ~ I ~ ~ ~ I I % DATE: :::E: 10/24/07 ; I JOB NO' I ::j 4245 ; FILENAME' 0 424c5-ESMT01 9575 W. Higgins Rood. Suite 700. _ Rosemont llfinois 60018 _ Phone: (847) 696-4060 Fox: 1847) 696-4065 _ Mount Prospect Village of Mount Prospect INTEROFFICE MEMORANDUM FROM: BOFPC CHAIRMAN ~~~ . Sj ~cS TO: VILLAGE MANAGER MICHAEL E. JANONIS DATE: MAY 15, 2008 SUBJECT: BOARD OF FIRE AND POLICE COMMISSION RULES A REGULATIONS - ADOPTION The Board of Fire and Police Commissioners has been working for several months with staff to rewrite the existing Board of Fire and Police Commission (BOFPC) Rules and Regulations. The impetus of the rewrite was to 1) provide more flexibility to change BOFPC meeting dates, 2) support the Fire Chief's request to modify the new-hire testing process to allow more frequent testing, and 3) update various aspects of the rules that conflict with recent changes in the state statutes. The attached BOFPC Rules and Regulations are the culmination of a tremendous amount of work with Commission members, the Chiefs, and legal counsel. These rules were passed unanimously at our meeting on May 5, 2008. On behalf of the Commission we request the Village Board adopt the revised rules and regulations. Unfortunately none of the BOFPC members are able to attend the May 20, 2008 Village Board meeting when this topic is expected to come up for discussion and ultimate vote. If there are any questions please give me a call. Diane Rhodes, Police Chief Dahlberg's secretary, has my contact information George K. Busse GB/mf Attachment C:\Documents and Settings\djarosz\Local Settings\ Temporary Internet Files\OLKBl\ VB Memo - Adoption of Revised Rules Regs (5-15-08).doc F RESOLUTION NO. A RESOLUTION APPROVING THE VILLAGE OF MOUNT PROSPECT BOARD OF FIRE AND POLICE COMMISSIONERS' RULES AND REGULATIONS WHEREAS, the Village of Mount Prospect Board of Fire and Police Commissioners (the "Board of Fire and. Police Commissioners") was established pursuant to Chapter 5, Boards and Commissioners, Article III, Board of Fire and Police Commissioners of the Mount Prospect Village Code; and WHEREAS, pursuant to Section 5.305 of the Village Code, the Board of Fire and Police Commissioners has the authority to make rules to carry out the purpose of this Article as pertaining to the hiring, promotion and discipline of police officers or firefighters. Such rules shall be subject to the approval of the Village Board. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, A HOME RULE MUNICIPALITY, AS FOLLOWS: SECTION ONE: That the Rules and Regulations of the Village of Mount Prospect Board of Fire and Police Commissioners, as proposed for amendment by action of the Board of Fire and Police Commissioners at its meeting on 200_, are approved pursuant to Section 5.305 of the Mount Prospect Village Code. 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: NAYS: ABSENT: PASSED and APPROVED this _ day of ,2008. Irvana K. Wilks, Mayor ATTEST: M. Lisa Angell, Village Clerk . RULES AND REGULATIONS OF THE BOARD OF FIRE AND -POLICE COMMISSIONERS OF THE VILLAGE OF MOUNI' PROSPECT COUNTY OF COOK, STATE OF ILLINOIS INDEX TO RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS CHAPTER 1 : ADMINiSTRATION................. ............................................................... 3 Section 1: Source of Authority.......................................................................... 3 Section 2: Construing these Rules and Regulations......................................... 3 Section 3: Officers of the Board........................................................................ 4 Section 4: Duties of the Board.......................................................................... 4 Section 5: Meetings.......................................................................................... 4 Section 6: Quorum ........ ................................ ......... ........................................... 5 Section 7: Order of Business.................................. .......................................... 5 Section 8: Rules of Procedure............... ........................................................... 5 Section 9: Motions............................................................................................ 5 Section 10: Amendments.............................................................. ....... ............... 6 Section 11: Annual Summary............................................................................. 6 CHAPTER 2: HIRING OF NEW SWORN PERSONNEL.............................................. 6 Section 1: Original Appointments..... .......... ................... ......... ....... ..... ...... ......... 6 Section 2: Examinations - Original Appointments .......................................... 11 CHAPTER 3: PROMOTIONS..................................................................................... 20 Section 1: Summary of Procedures for Selecting Officers for Promotion ........ 20 Section 2: Establishment of Examinations...................................................... 20 Section 3: Notice of Exam ination . ................. ............. ... ...... .............. ...... . ....,.. 21 Section 4: Candidates Eligibility for Participation in Pre-Screening Examination. .. .. . .. .. . .. .. .. . .. .. .. .. . .. .. .. .. . . .. . .. . .. . .. .. .. . .. .. . . .. . . .. .. .. . .. . .. . .. . .. .. .. .. .. . . .. . . . . .. .... 21 Pre-Screening Examinations.......................................................... 21 Candidates Eligible to Proceed to Assessment Center.................. 22 Assessment Center Panel............................................................,' 22 Assessment Center Process.......................................................... 22 Use of Assessment Center Panel Report and Selection of Candidate to Position...................................................................... 23 Section 10: Probationary Period ....................................................................... 24 Section 11: List of Qualified Candidates........................................................... 24 Section 12: Review............................................ ~.............................................. 24 Section 13: Fire Lieutenant Promotions............................................................ 25 Section 5: Section 6: Section 7: Section 8: Section 9: CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DiSCHARGES...................................................................................................... 25 Section 1: Suspension of Not More than Five (5) Days (Forty (40) Hours) ..... 25 Section 3: Discharge, Demotion or Suspension of More than Five (5) Days. .26 Section 4: Pre-Hearing Suspension................................................................ 26 Section 5: Dispositions by the Board after Hearing......................................... 26 1 Section 6: Section 7: Section 8: Section 9: Demotions........................ ...................................... ........................26 Hearing Procedures ................. ......................................................27 Pre-Hearing Procedure .... ........ .... .... ........... ....................... ............28 Findings and Order............................. .................................. .........31 CHAPTER 5: GENERAL ............................................................................................ 32 Section 1: Rules.................................................. ............................................32 Section 2: Additional Powers of the Board........................... ........................... 32 Section 3: Violation of Rules or Laws.................... .......................................... 32 Section 4: Appeal and/or Review...... ........... .... ...... .... ... ....... ... ..... ............ .......32 Section 5: Leave of Absence.......................................................................... 32 Section 6: Political Contributions. ............ ..... .... .... ....................... ...... .............33 Section 7: Political Activities........................................................................... 33 Section 8: Effect.. ......................... ..... .... ....... .......... ..... .. .. ...... .. ........ ... . ........ .... 33 RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE VILLAGE OF MOUNT PROSPECT, COUNTY OF COOK, STATE OF ILLINOIS Adopted by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois on ,2008. CHAPTER 1: ADMINISTRATION Section 1: Source of Authoritv The Board of Fire and Police Commissioners of the Village of Mount Prospect derives its power and authority from the President and Board of Trustees of the Village of Mount Prospect acting pursuant to its home rule powers, particularly from but not limited to Chapter 5, Article III of the Mount Prospect Village Code. The sole authority to determine whether a person meets any criterion or standard set forth in these Rules and Regulations shall be vested in the Board. Section 2: ConstruinQ these Rules and ReQulations A. The word "Board" shall mean the Board of Fire and Police Commissioners of the Village of Mount Prospect. B. The word "Officer" shall mean any individual holding a permanent office as a full time sworn member of the Fire and Police Departments of the Village of Mount Prospect as described under the provisions of the Code of Ordinances of the Village of Mount Prospect, Cook County, Illinois, as amended. It shall include probationary members, except when otherwise specified. C. Any time reference is made to the Police or Fire Chief, that term shall include any person duly acting in place of the Police or Fire Chief. D. The word "firefighter" shall mean firefighter/paramedic. E. The word 'Village" shall mean Village of Mount Prospect. F. "Corporate Authorities" shall mean the President and Board of Trustees of the Village of Mount Prospect. G. 'Village Code" shall mean the Village of Mount Prospect Code. '2 Section 3: Officers of the Board The Village President shall annually appoint a chairperson. The Board shall, at its annual meeting in May, elect an official secretary. The chairperson and secretary shall hold office for one full year and until their successors are duly appointed or elected and qualified. The chairperson shall be the presiding officer at all meetings. The secretary shall keep or cause to be kept the minutes of all meetings of the Board in a permanent record book and shall be the custodian of all forms, papers, books, records and completed examinations of the Board. The Village Manager may appoint a Village employee to act as the recording secretary to the Boam. . Section 4: Duties of the Board The Board shall, in accordance with these Rules and Regulations, appoint all officers of the Fire and Police Departments of the Village through and including: 1. Police Department: Sergeant 2. Fire Department: Lieutenant The Board shall conduct competitive examinations for original appointment and promotion in accordance with these Rules and Regulations and the Board shall conduct all required hearings on charges of a disciplinary nature against an officer. No examination required under these Rules and Regulations may take into consideration a candidate's political or religious opinions. Section 5: MeetinQs A. Regular meetings shall be held monthly, scheduled at the mutual convenience of the Board members. Notice shall be posted and meetings shall be open to the public. B. Special meetings shall be open. Notice of a special meeting shall be posted forty-eight (48) hours prior to convening. A meeting may be called by the filing of a notice, in writing, with the secretary of the Board and signed either by the chairperson of the Board or, in the event of the absence of the chairperson, a member of the Board. This notice shall contain a brief statement of the business to be submitted for the consideration of the Board at such special meetings. It shall set forth the time and place of such special meeting. No other business shall be considered at such special meeting unless by unanimous consent of the Board. C. During any regular or special meeting, a closed session may be held upon a proper motion made by any single member of the Board for the purpose of discussing personnel. No closed session may be held at a special meeting unless the closed session is noted on the agenda. Closed sessions may be limited to Board members and such invited persons as the Board may deem necessary. The secretary will-record the motion to close the meeting and keep minutes of the closed session. Closed sessions shall be taped, audibly or visually, with said tapes being maintained for a period not less than 18 months. D. Public notice of any regularly scheduled or special meeting shall be held in accordance with the Open Meetings Act, Illinois Compiled Statutes, Chapter 5, ~120/1-120/5. Section 6: Quorum A majority of the then existing membership of the Board shall constitute a quorum for the transaction of business at any regular or special meeting. Section 7: Order of Business The order of business at any meeting shall be as follows: 1. Approval of the minutes II. Police Department Update III. Fire Department Update IV. Unfinished Business V. Correspondence VI. New Business VII. Adjournment Section 8: Rules of Procedure The chairperson shall decide all questions of order and rule on matters not specifically provided for by these Rules and Regulations. The Board shall be guided by parliamentary law as prescribed in "Roberts Rules of Order, Newly Revised", unless in conflict with these Rules and Regulations. Section 9: Motions Motions may be made orally by any member of the Board and shall be recorded in the minutes together with the action taken on the motion. I:; Section 10: Amendments Any amendment to these Rules and Regulations must be approved by the Corporate Authorities. All such amendments shall be printed for distribution and published in the manner provided by the Corporate Authorities for the publication of ordinances. Section 11: Annual Summary The Chairperson of the Board, together with the Chief of Police and Fire Chief, shall present annually its State of the Board of Fire and Police Commissioners address at a regularly scheduled Village Board meeting. CHAPTER 2: HIRING OF NEW SWORN PERSONNEL Section 1: Oriainal Appointments A. Exclusive Method of Appointment Original appointments to the Police and Fire Departments ("Departments") shall be made only as set forth in these Rules and Regulations. B. Applications. General. All applications required by this Chapter 2 shall be typed or hand printed and signed by the applicant. Any applicant making false statements in any application shall be rejected by the Board. Further, the Board may, at any time, remove any person hired to a position in either Department upon learning that false statements have been made or that material facts have been misrepresented or omitted. An applicant must notify the Board, in writing, of any change in status from the time the application is submitted until appointment. Notice of matters involving testing or appointment may be made by regular mail. If an applicant does not duly respond to the notice, that applicant may be eliminated from further consideration. Defective applications shall be returned to the applicant for correction, provided the applicant is not otherwise disqualified for the position sought. The corrected application must be received by the Board prior to the original deadline date. C. Application All applicants shall complete a pre-application. These applications may be obtained from the respective department, other remote locations, or downloaded from the Village Website. The filing of such application shall be a verification that the applicant possesses the qualifications for the position and is not disqualified as set forth in (0) below. The applicant shall file this pre-application with the Board by the established deadline. D. DiSQualification The Board may, subject to the Americans with Disabilities Act, refuse to examine or, after examination, to certify as eligible, any applicant whom the Board reasonably determines: 1. to be incapable of performing the physical tasks required of the position to which the applicant seeks appointment; 2. to be a person who is currently misusing or abusing intoxicating beverages or prescription drugs; 3. to have been a user of any illegal drug or narcotic, other than Cannabis Sativa, as defined in Illinois Compiled Statutes Ch. 720, Sec. 570 et seq., and not legally prescribed by a physician within the past three years; 4. to have been a user of Cannabis Sativa in the past year; 5 to be addicted to the use of intoxicating beverages or drugs and not in a certified program of recovery or be able to prove a current status of recovery from the addiction; 6. to have been found guilty of a felony or any of the following misdemeanors: The following references are to Illinois Compiled Statutes, Ch. 720, and shall include any similar offenses as defined by other jurisdictions. a. indecent solicitation as defined in Section 11-6; b. adultery as defined in Section 11-7; c. public indecency as defined in Section 11-9; d. prostitution as defined in Section 11-14; 7 e. soliciting a prostitute as defined in Section 11-15; f. keeping a place of prostitution as defined in Section 11-17; g. patronizing a prostitute as defined in Section 11-18; h. pimping as defined in Section 11-19; i. criminal sexual abuse as defined in Section 12-15; j. theft as defined in Section 16-1; k. retail theft as defined in Article 16A; I. deceptive practices as defined in Article 17; m. unlawful sale of firearms as defined in Section 24-3; n. unlawful possession of firearms and ammunition as defined in Section 24-3.1 ; o. defacing firearm identification marks as defined in Section 24-5; p. mob action as defined in Section 25-1 ; q. keeping a gambling place as defined in Section 28-3; r. bribery as defined in Article 29; s. resisting or obstructing a peace officer as defined in Section 31-1; 1. escape or failure to report for periodic incarceration as defined in Section 31-6; u. aiding escape as defined in Section 31-7; v. compounding a crime as defined in Section 32-1. 7. to have been dismissed for cause, from any public service position; 8. to have character or employment references which are deemed to be unsatisfactory; 9. to have failed to satisfy any step in the test process including, whenever applicable, failure to attend a Mandatory Applicant Orientation meeting; 10. to have failed to fulfill any of the requirements for applicants which are set forth in these rules and regulations; 11. to not possess a valid driver's license at any stage of the selection procedure. 12. to have been classified by the local Selective Service Draft Board as a conscientious objector, or who has ever been so classified; 13. to, in the reasonable opinion of the Board, be otherwise unqualified for service in the Police Department; 14. to have been dishonorably discharged from military service. Any disqualified applicant shall be notified by the Board of such disqualification. The applicant may request in writing that the Board review its decision to disqualify stating the reasons why such review is appropriate. The Board need not conduct a hearing on such request, but shall respond, in writing, within a reasonable time. E. Aae Requirements 1. Police. All applicants must have attained the age of twenty- one (21) years, but not more than thirty-five (35) years of age at the time of the application deadline. The maximum age limitation shall not apply to any person previously employed as a full time Police Officer in a regularly constituted Police Department, municipality, or to any person who has served as an auxiliary Police Officer under 651LCS 10-3.1-30-20 for at least five (5) years and is under forty (40) years of age. If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Police Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has attained the age of thirty-six (36) years shall be inducted as a member of the Police Department. 2. Fire. All applicants must have attained the age of twenty- one (21) years, but not more than thirty-four (34) years of age at the time of application deadline. The maximum age limitation shall not apply to any person currently employed as a full time firefighter in a regularly constituted fire department (i) of any municipality or (ii) a fire protection district whose obligations were assumed by a municipality under Section 21 of the Illinois Fire Protection District Act, or to any person who has served a municipality as a regularly enrolled volunteer firefighter for five (5) years immediately preceding the time that municipality begins to use full time firefighters to provide all or part of its fire protection service (65 ILCS 10-2.1-6). If a person is placed on an eligibility list and becomes over age before he or she is appointed to the Fire Department, the person remains eligible for appointment until the list is abolished according to these Rules and Regulations. Otherwise, no person who has n attained the age of thirty-five (35) years shall be inducted as a member of the Fire Department. F. Education 1. Police. Applicants for original appointment to the Police Department must possess a high school diploma or its equivalent as recognized by an appropriate state authority and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non-disability service as a police officer with another full time, officially constituted and sanctioned Police Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of active military duty for the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1 (D) of these Rules and Regulations. c. Ten (10) hours of college equivalency credits for each full twelve (12) months of employment by the Village of Mount Prospect Police Department as a community service officer up to a maximum of twenty (20) hours. d. Thirty (30) college equivalency semester hours for demonstrating fluency in any language, other than English, prevalent in the Mount Prospect Police Service area. Fluency shall mean a clearly demonstrated ability to read, write and understand the language in common police circumstances. 2. Fire. Applicants for original appointment to the Fire Department must possess a high school diploma or its equivalent as recognized by the State of Illinois and not less than sixty (60) college semester hours or its equivalent as stated below. For purposes of original employment, the following shall be deemed to be the equivalent of the number of college credits set forth: a. Thirty (30) college equivalency semester hours for each full twelve (12) months of non-disability service as a full time firefighter with another officially constituted and sanctioned Fire Department in the United States. b. Thirty (30) college equivalency semester hours for each full twelve (12) consecutive months of engagement in the military service of the United States. This shall not apply to persons who were not honorably discharged or who were convicted by court martial or other legal process for disobedience of orders or crimes in the military which are the substantive equivalent of the crimes set forth under Chapter 2, Section 1 (0) of these Rules and Regulations. c. Thirty (30) college equivalency semester hours for demonstrating fluency in a language prevalent in the Mount Prospect Fire Service area, other than English. Fluency shall mean a clearly demonstrated ability to read, write, and understand the language in common fire circumstances. d. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Emergency Medical Technician/Paramedic. e. Sixty (60) college equivalency semester hours for applicants who have been certified by the State of Illinois as Basic Firefighter (Firefighter II). Section 2: Examinations - Orioinal Appointments A. Release of Liabilitv All applicants shall execute and deliver to the Board, a release in favor of the Village of Mount Prospect, and each of its officers, agents and employees. relative to all liability, loss, damage or expense that may arise as a result of or in connection with the applicant's participation in the examination procedure. The release shall be in a form prescribed by the Board. B. Notice of Examination Examinations shall be held on the dates fixed by the Board, and locally advertised in accordance with the laws of the State of Illinois. Examinations may be postponed, however, by order of the Board or its designee. The order shall state the reason for such postponement and shall designate a new date for the examination. ...... Applicants shall be notified of the postponement of any examination and of the new date fixed for the examination. C. Examinations The Board shall call for examinations to fill existing or prospective vacancies in the Police and Fire Departments. The Board shall determine: 1. The time and place where such examination will be held. 2. The location where applications may be obtained and the date by which applications must be returned to the Board. 3. The position to be filled from the resulting eligibility list. D. Phases of Examinations/Evaluations All applicants for original appointment as Officers in the Fire or Police Department shall participate in the following examination phases (a failure on any phase designated as pass/fail shall disqualify the applicant from consideration). The order in which the various phases shall be given will be established by the Board prior to the commencement of testing. Any phase for which a passing score is not established or which is not designated as pass/fail, may be applied by the Board in any manner which it, in its sole discretion, deems appropriate. 1. Orientation (Police Only). This may include a written test tutorial, a preliminary Physical Aptitude Test or other Physical Ability test and information specific to the current testing protocols. 2. Written Examinations a. Information (Police Only). Information as to the type of written examination employed by the Board will be provided as part of the Police Department orientation program. b. Property of Board. All examination papers shall be and remain the property of the Board. The grading by the Board shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. c. Outside Vendor. The Board may select an outside vendor to administer the written test. In such an instance the vendor shall consult with the appropriate Chief. Final approval of the written test shall rest with the Board. d. Scorina. Candidates who have a final written test aggregate score of less than 80 shall be eliminated from further consideration. However, under no circumstances shall a score of 80 or higher guarantee an applicant for the advancement of the testing process. 3. Application to Proceed a. All persons who have not been eliminated after the written examination shall be so notified, in writing, by the Board. Those who wish to proceed must file an Application to Proceed with the Board by the established deadline. Applications shall be addressed to the Board and filed with the secretary or any other person designated by the Board. The secretary or designee shall specify the date and time the application was received. The Board shall then select, in order of scores achieved on the written test, the number of applicants who may proceed to the Oral Interview process. b. Police Only. Irrespective of any other standard, the Board will have the discretion to invite to the Oral Interview all police candidates who are certified as set forth in subparagraph 1(2) below, so long as such certified candidates have scored 80 or above on the written test. Such invited candidates will be added to the initial number of oral interviews authorized by the Board. 4. Oral Interview The oral interview process shall be conducted by the Interview Panel. The Interview Panel will consist of five (5) persons: three (3) Board of Fire and Police Commissioners and two (2) persons appointed by the Chief of the department for which the testing is being done. A majority of the Interview Panel shall constitute a quorum for conducting interviews. Each member of the Interview Panel will have equal voting privileges. The Commission member(s) will select the chairperson for the oral interview panel. Questions shall be asked of the candidates that will enable the panel members to properly evaluate and score the candidates on speech, alertness, ability to communicate, 13 judgment, emotional stability, self-confidence, social skills, and any other traits deemed appropriate for the position. Prior to the final scoring by the Interview Panel, the members will discuss each candidate's demonstrated ability and overall fitness. Each member of the Interview Panel will provide his/her scores to the Interview Panel Chairperson. Candidates who have not achieved a final score of 80 or above (as determined by the evaluators) will be eliminated from further consideration. Under no circumstances shall a score of 80 or above guarantee an applicant further advancement in the testing process. 5. Backoround Investioation Each applicant shall submit to fingerprinting and photographing by the Police Department. The applicant shall provide a signed waiver for access to such records as may be required by the Board to conduct a thorough background investigation in order to determine the applicant's eligibility for appointment. 6. Phvsical Aptitude Test a. Police. After a conditional offer of employment, police officer applicants must take and pass a Physical Aptitude Test as selected by the Board. Failure of the Physical Aptitude Test will eliminate the applicant from further consideration. b. Fire. Candidate Physical Ability Test (CPAT). Applicants invited by the Board of Fire and Police Commissioners shall participate in a Candidate Physical Ability Test. Applicants must take and pass the CPAT or submit proof of successful completion of the CPAT within the past twelve (12) months from the CPAT testing scheduled date. Failure to pass will eliminate the applicant from further consideration. Upon completion of the CPAT, the Board will determine the number of candidates to proceed to the next phase of testing. The Board will include all candidates tied at the cut- off score. 7. Psvcholoaical Evaluation After a conditional offer of employment, each applicant shall submit to a psychological evaluation by a clinical psychologist selected by the Board and licensed by the State of Illinois. The psychologist conducting the evaluation shall have received training to understand the specific needs of the Fire or Police Department. The Board shall have the sole authority to determine whether or not the results of the Psychological Evaluation disqualify an applicant from employment by the Police or Fire Department. 8. Polvaraph Examination After a conditional offer of employment, each applicant shall be required to submit to a polygraph examination. The examination shall be conducted by a testing service, licensed by the State of Illinois, and selected by the Board. The Board shall have the sole authority to determine whether or not the results of the Polygraph Examination disqualify an applicant from employment by the Police or Fire Department. 9. Medical Examination After a conditional offer of employment, each applicant shall be required to submit to a medical examination by a licensed physician appointed by the Board. The Board shall have the sole authority to determine whether or not the results of the Medical Examination disqualify an applicant from employment by the Police or Fire Department. 10. Other Evaluations Applicants may be required to submit to other evaluations which relate to the performance of public service positions. Notwithstanding any other criteria or requirements of this Chapter 2, the Board shall at all times retain the sole authority to establish the number of applicants to proceed from one phase of the examination to the next. E. Initial Eliaibilitv List The Board will prepare an "Initial Eligibility List" of the Candidates successfully completing the required phases. The candidate's 11; Initial Eligibility List score shall be the average of the final written and final oral examination scores. Candidates shall be ranked on the Initial Eligibility List in the order of such average scores. A dated copy of the Initial Eligibility List shall be sent to each candidate completing the Oral Interview. F. Preference Points 1. Available Points An applicant for an entry level position in the Fire Department may be awarded five (5) points if the applicant was engaged in active service with the Mount Prospect Fire Department as a Paid-On-Call Firefighter for a minimum of three (3) years. Such points shall be given only if a proper and valid claim for a preference has been made and only if the standards for such preference have been met under these Rules. No preference points shall be awarded for entry into the Police Department or for promotion to Police Sergeant or Fire Lieutenant. 2. Time and Method of Claimina Preference Points Each fire applicant eligible to claim preference points (identified in Section 2, F.1.) must submit his/her claim for that preference in writing to the Board within ten (10) days after the posting of Initial Eligibility List. Claims not made within that ten (10) day period shall be deemed waived. The applicant, at the time of submitting a claim for preference, must submit evidence of qualification for that preference. G. Final Eliaibilitv List 1. The Chairperson will prepare a "Final Eligibility List" which shall, for fire candidates, include claimed preference points. Approval of the list by the Chairperson shall not require that a formal Board meeting be held. In the event of a tie score, the placement of the tied candidates' names on the eligibility list shall first be determined by the highest written test score and then in whatever manner the Board has previously determined. 2. A dated copy of the Final Eligibility List shall be sent to each Candidate on such List. H. EIiQibilitv List - Original Appointments 1. Police. This Final Eligibility List shall remain in effect until one of the following events occur: (1) two (2) years have passed from the date of posting; (2) the Eligibility List is exhausted; or (3) a new examination has been given and a new Eligibility List has been certified and posted. In the event a new List is prepared prior to the passage of two (2) years, those applicants who remained on the prior List shall be required to retest along with all other applicants and placement on a prior List shall not be a factor in determining the placement on the new List. 2. Fire. This Eligibility List shall remain in effect for two (2) years or until the Eligibility List is exhausted. Testing shall occur every two (2) years or at such lesser interval as may be determined by the Board. The Eligibility List shall be updated if tests occur more frequently than every two (2) years. In the event that a new List is prepared prior to the passage of two (2) years, those applicants who were placed on the List for less than two (2) years shall be placed on the new List. Rank order of placement on a prior List shall not be a factor in determining the rank on the new List. Applicants shall be placed on the new Eligibility List in order of their relative excellence solely as determined by test scores. No applicant shall be eligible for retesting so long as that applicant's name is to remain on an Eligibility List pursuant to this subsection 2. Scores shall also be adjusted when applicants become eligible for identified preference points. I. Appointment of Probationary Members from EliQibility List: Declination 1 . Appointment All original appointees to the Fire or Police Department shall be selected on a probationary basis by the appropriate Chief from the Eligibility List. The selection shall be made from the current top four (4) candidates on the Eligibility List. When fewer than four (4) names remain on the list, all of that number shall be eligible for appointment. If there is more than one opening to be filled, the Chief may choose from the number of candidates at the top of the list that is three (3) more than the number of openings to be filled. (Example: if three (3) openings are to be filled, the Chief may choose from the top six (6) names; if six (6) are to be filled, the Chief may choose from the top nine (9) names). The Chief will notify the Board of the name of the candidate selected and 17 the Board shall appoint that candidate as a probationary officer. The Police Chief at his or her discretion may choose to appoint an applicant for a police officer position, who has been awarded a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non-certified applicants, regardless of the certified applicant's position on the Eligibility List. 2. Declination Any candidate eligible for probationary appointment under these Rules and Regulations may, without removal from the Eligibility List, on one occasion decline an appointment tendered upon giving reasons in writing satisfactory to the Board. If the reasons given are not reasonably satisfactory to the Board or if no reason is given and the candidate does not accept appointment within seven (7) days after it is tendered, then his or her name shall be removed from the Eligibility List. A ~econd declination or failure to accept shall result in automatic removal from the Eligibility List, except if he/she is on active military duty. J. Probationary Terms 1. Police. Each police appointee shall be on probationary status from the date the appointee begins employment with the Police Department as a Police Officer and continue for a period of two (2) years from the date of the appointee's status verification as provided in Section K of this Chapter. 2. Fire. Each Firefighter appointee shall be on probationary status for a period of one (1) year from the date of the appointee begins employment with the Fire Department as a Firefighter. The Board may extend the probationary period for a Firefighter appointee who is required, as a condition of employment, to be a certified paramedic. K. Completion of TraininQ ProQram for Probationary Employees; Possession of Valid Illinois Drivers License 1. Police. Verification of probationary Police Officer status shall be made by the Board upon an applicant's successful completion of the basic training program and certification by the Illinois Governmental Law Enforcement Officers Training Board. The failure of an applicant to successfully complete the basic training program and to be certified by the Illinois Governmental Law Enforcement Officers Training Board within six (6) months of the original appointment shall be grounds for dismissal. Extenuating circumstances may be reviewed by the Chief of Police and reported to and reviewed for action by the Board. If at the time of appointment the candidate possesses a driver's license from another state, during the first six (6) months of employment, the candidate must secure a valid Illinois driver's license. 2. Fire. Any probationary Firefighter who, during the initial one (1) year term of the probationary period, has not successfully completed the Office of the State Fire Marshal, Division of Personnel Standards and Education, approved Certified Basic Firefighter (FFII) Course, or who has a foreign state drivers' license and has not obtained a federal commercial driver's license, shall be dismissed from service. Any probationary Firefighter, who, within the initial Probationary period or any extension of that period, has not successfully completed the requirements for paramedic certification, Le., licensure as a paramedic by the Illinois Department of Public Health and certification by the local EMS system, shall be dismissed from service. L. Discharoe of Probationary Members A probationary member may be discharged by the Chief of the respective department. The Chief shall notify the Board of the discharge. The discharge procedures set forth in Chapter 6 shall not be applicable to probationary members. M. Completion of Probationary Period. Full-Time Non-Probationary Certification Upon the successful completion of any probationary period, the Board shall place the member of the Department on a record of full time non-probationary employees maintained by the Board (Certified Record). N. Emeroency Appointments The Board, upon order of the Corporate Authorities, may make such temporary appointments as it shall deem necessary to protect 19 the health, safety and welfare of the Village. In the case of a strike, walk-out, "blue-flu" or similar job interference, such appointments shall extend for sixty (60) days with such thirty (30) day renewals as the Board shall determine to be necessary. O. Oath of Office Prior to commencing duty, an applicant shall take such oath as is prescribed by the Village Code. The oath shall be administered by a member of the Board of Fire and Police Commissioners or the Village Clerk. CHAPTER 3: PROMOTIONS Section 1: Summary of Procedures for Selecting Officers for Promotion Promotions within the Fire and Police Departments shall be accomplished in the following order and in accordance with the standards set forth in this chapter. A. All candidates shall submit to a pre-screening examination process. B. Candidates qualifying pursuant to the pre-screening process shall then submit to an Assessment Center. C. Upon completion of the Assessment Center the Board shall certify a list of qualified candidates to the appropriate Chief. D. The Chief of Police shall then select from the qualified list the officer to be promoted. Section 2: Establishment of Examinations 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 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. Section 3: Notice of Examination 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 of a postponement and of the new date fixed for the examination. Candidates Eliaibilitv for Participation in Pre-Screenina Examination Section 4: A. Police. All pre-screening examinations for promotion shall be competitive among such officers of the Police Department who shall have completed one (1) full year of service after being placed on the Certified Record prior to the date on which the pre-screening examination is commenced. B. Fire. All pre-screening examinations for promotion shall be competitive among such officers of the Fire Department who shall have completed five (5) full years of service. Fire officer promotional candidates shall, as of the first date in the pre-screening process, have successfully completed all of the Office of the State Fire Marshal (OSFM) Fire Officer I course work to be eligible to participate in the promotional examination. Section 5: Pre-Screenina Examinations A. 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. ?1 Section 6: B. Criteria and ScorinQ The criteria for the pre-screening examination shall be selected by the appropriate Chief under the direction of and subject to the approval of the Board. Thirty percent (30%) of the total points available shall be attributable to a departmental merit and efficiency rating based on the candidate's past performance with the Department. C. No Merit RatinQ 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. Candidates Eligible to Proceed to Assessment Center A. Police. 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. B. Fire. Those individuals who achieve a minimum composite score of eighty (80%) percent shall be considered finalists for promotion and be eligible to participate in an Assessment Center. Assessment Center Panel Section 7: The Assessment Center shall consist of a panel of persons familiar with the requirements and problems of the position to be filled and having a demonstrated ability to assess individuals in light of those requirements and problems. The panel shall be subject to the approval of the Board. No member of the panel shall be an employee of the Village of Mount Prospect. Assessment Center Process Section 8: 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. Section 9: Use of Assessment Center Panel Report and Selection of Candidate to Position A. Use by Police. 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. Use by Fire. 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 Fire Chief. Candidates on the List shall be ranked according to their combined performance in the pre-screening process and Assessment Center. C. Selection of Candidate to Either Police or Fire. The 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). Section 10: Probationary Period A. Police. Any 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. B. Fire. Any candidate promoted by virtue of this Chapter shall be classified as 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 Fire Chief certifies to the Board that the probationary officer has not performed their duties satisfactorily during that period. In that event, the probationary officer 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. Section 11: 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. Section 12: Review A candidate may request a review of any phase of the promotional process which he or she believes to be unfair, discriminatory or inaccurately reported or graded. Failure to file a request for review within fourteen (14) days of the posting of the List pursuant to Section 11 of this Chapter will cause the candidate to become ineligible to participate in a review process. A request for review shall not interfere with or delay an ongoing promotional process except by an affirmative vote of not less than sixty-five percent (65%) of the members of the Board. The written request for review must be delivered to the Secretary of the Board or his or her designated representative and must plainly state: A. The phase of the promotional process for which review is being sought. B. 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 13: Fire Lieutenant Promotions Notwithstanding anything to the contrary contained within this Chapter, promotions to the position of Fire Lieutenant shall be conducted in accordance with the terms and conditions as specified within Article XIII of the collective bargaining agreement by and between the Village of Mount Prospect, Illinois and the Mount Prospect Firefighters Union, Local #4119, I.A.F.F., AFL-CIO, currently effective through December 31,2007, or as subsequently amended thereafter. CHAPTER 4: CHARGES. HEARING OF CHARGES, REMOVALS. SUSPENSIONS AND DISCHARGES Section 1: Suspension of Not More than Five (5) Davs (Fortv (40) Hours) The Chief of the Fire or Police Department shall have the right to suspend any officer under his/her command for a period not to exceed the equivalent of five (5) eight (8) hour work days, provided that no charge for the same offense has been filed and is pending before the Board. Nothing outside of this Chapter 4, Section 1 shall affect the Chiefs right to order such a suspension. Any suspension by the Chief under this Section shall be reported to the Board within seventy-two (72) hours after giving notice of the suspension to the officer. Section 2: Appeal Process. Any officer so suspended may appeal to the Board for a review of the Chief's suspension order within five (5) days after receiving written notice of the suspension. This must be done by filing written notice of such appeal with the Chairperson of the Board. The Board shall then meet to discuss and determine the disposition of the appeal. The Board may, in its sole discretion, request information or testimony from the appealing officer to aid in its determination of the appropriate disposition. If any ?&\ evidence or testimony is taken, the burden of proof shall be on the officer to establish that the Chief was not justified in ordering the suspension. Upon such an appeal by the officer, the Board may sustain the action of the Fire or Police Chief, may reverse it with instructions that the suspended officer receive his/her pay for the period involved, may suspend the officer for an additional period of time of not more than thirty (30) days or discharge him/her, depending on its consideration of the issues. Section 3: Discharae. Demotion or Suspension of More than Five (5) Davs. Except as set forth in Section 1 of this Chapter 4, no non-probationary, sworn member of the Fire or Police Department shall be suspended, demoted or discharged except upon written charges and after an opportunity to be heard in his/her own defense. The hearings shall be governed by the Village Code and this Chapter 4. Charges shall be made in writing to any member of the Board by the Fire or Police Chief, the Village Manager or the Village President. The charges shall then be filed with the Secretary of the Board. Section 4: Pre-Hearina Suspension After charges have been filed but prior to the hearing, the Board on its own motion or on motion of the Police or Fire Chief may suspend without pay the person against whom the charges have been preferred for a period not to exceed thirty (30) days. If the Board determines after the hearing that the charges are not sustained, that person shall be reimbursed for all pay withheld. If the officer requests a continuance of the hearing beyond thirty (30) days, Section 7(E) of this Chapter 4 shall apply. Section 5: Dispositions bv the Board after Hearina 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 anyone or more of the following areas: 1. Leadership ability. 2. Administrative skills. 3. Communication skills. 4. Ability to function in a satisfactory manner in an emergency. 5. Ability to supervise subordinates. 6. Ability to perform duties and functions in conformance with the established goals of the Department. B. Any Fire Lieutenant or Police Sergeant may request and/or consent to a demotion to a lower rank subject, however, to the concurrence of the Board. Section 7: Hearina Procedures A. "Counsel" means one who is an attorney in good standing in the State of Illinois. However, the Board may, upon petition by a party appearing before it, permit an attorney licensed in another state to represent that party. B. The right to determine that "cause" exists in a particular case is vested solely with the Board. C. The complainant initiating any proceeding, which provides for a hearing before the Board has the burden of proof to establish that cause does exist by a "preponderance of the evidence." Even if the question of a crime is involved, the standard of "beyond a reasonable doubt" shall not be applied in the hearing before the Board. D. The phrase "preponderance of evidence" is defined as the greater weight of the evidence. It rests with that evidence which, when fairly considered, produces the stronger impression, has a greater 27 weight and is.more convincing as.to. its truth when weighed against the evidence produced in opposjtion. E. All hearings shall be irt compliance with the Illinois Open Meetings Act. . This requirement recognizes that certain personnel matters . may be undertaken.in closed sessipn. F. At the time and place of hearing, each party may be represented by counsel if that party so desires. G. All disciplinary hearings before the Board shall be recorded by a Certified Stenographic Reporter. to. be employed by the Board. H. The records of all hearings will :not be transcribed by the reporter unless requested by the Board or a party before the Board. Any party requesting. a transcript shall pay the cost of the transcript. I. All witnesses shall.be placed under oath prior to testifying. J. The Board will first hear witnesses testifying in substantiation of the charges against the respondent. The respondent may then present and examine those witnesses testifying in substantiation of his or her position. All parties shall have the right to cross-examine witnesses presented by the opposing party. K. The matter will be decided by the Board solely on the evidence presented at the hearings. L. A request to the Board for a rehearing, reconsideration, modification, vacation or alteration of a decision of the Board may be permitted only upon unanimous consent of the Board and only if requested within five (5) days' of the filing of the decision. Section 8: Pre-Hearina Procedure A. Complaints All charges shall be made in a written complaint. The complaint shall be filed with the Board as specified in Section 2 and shall contain a plain and concise statement of the facts upon which the complaint is brought and the rules, laws, regulations or policies which are alleged to have been violated. B. Notification of Hearing Upon the filing of a complaint, the following action shall be taken by the Board: 1. The accused shall be notified in writing by registered mail or personal service of the charges and of a specified time and place to appear before the Board for a hearing on those charges. If after making all reasonable efforts to serve notice of the charges on the. officer, such service has not been accomplished, the Board shall make a record of its efforts and may proceed with the hearing in the absence of the officer. 2. There shall be a minimum of five (5) days between the commencement of the hearing and the time at which the accused was notified of the hearing. C. Subpoenas The complainant and/or the respondent may, at any time before the hearing, make written application to the Board for a subpoena to secure the appearance and testimony of any individual or to have him produce books, papers, records, accounts and other documents as may be deemed by the Board to be relevant to the hearing. On the filing of such application, a subpoena will be issued for any named person. An application for subpoena should contain the names and addresses of the individuals to be subpoenaed and the identity of any documents which the person is to produce. A subpoena will not be issued for anyone residing outside of the State of Illinois. Such a subpoena shall be enforceable in the Circuit Court of Cook County, Illinois. The Board may issue subpoenas sua sponte and request any application for subpoena filed less than thirty (30) days prior to the hearing. E. Continuances The matter of granting or refusing to grant a continuance is within the discretion of the Board. No hearing shall be continued at the request of any of the parties to a proceeding unless the request is received in writing by the Board at least three (3) days before the scheduled hearing date. In the event any officer, who has been suspended pending the hearing, desires a continuance, the Board may require the officer to stipulate that if the officer is found guilty of the charges, but is retained as an officer after the hearing, no compensation shall accrue to the officer for the period of the 29 continuance. Additionally, if the suspension is without pay, the continuance shall be granted upon the conditio~ that the accused officer agree that no claim for compensation shall be made for the period of the continuance. . F. Continuance Because of Inability to Serve Subpoenas Any request for continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least three (3) days before the date set for the hearing. However, the Board in its discretion may waive this rule. G. Stipulation Parties may, on their own behalf or by counsel, stipulate and agree in writing or on the record to any facts material to the charges or to a finding of guilty. The facts so stipulated shall be considered as evidence in the proceeding. H. Sufficiency of Charaes. Obiections. 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. I. Service All papers, required to be served by these Rules and Regulations, shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed with postage prepaid to the designated party at his or her last known residence as reflected by the complaint filed with the Board. Proof of service of any paper may be made by certification of any person that the paper was delivered to the designated party personally or by filing a signed return receipt showing that a paper was mailed by either registered or certified mail, return receipt requested, to a party's last known address. J. Filina All papers may be filed with the Board by mailing or delivering them personally to the Secretary of the Board or by delivering them to the Village Clerk at the Village Hall. For purposes of these Rules and Regulations, the filing date of any papers filed with the Board shall be the date it was actually received by the person specified in these Rules and Regulations. K. Forms of Paper 1. All papers filed in any proceeding shall be typewritten or printed and shall be on one side of the paper only. 2. If typewritten, the lines shall be double spaced except that long quotations may be single spaced and indented. 3. All papers shall not be larger than "8-1/2 wide by 11 long" and shall have inside margins of not less than one inch. 4. The original of all papers filed shall be signed in ink by the party filing the paper or by his or her attorney. 5. If papers are filed by an attorney, they must include the attorney's name and address and telephone number. L. Computation of Time The time within which any act under these rules is to be done shall be computed by excluding the first day and including the last. If the last day is a Sunday or holiday, as defined or fixed in any statute now or hereafter enforced in this state, that day shall also be excluded. M. Date of Hearina The date which the Board sets for hearing on the charges shall be within thirty (30) days of the time of the filing of the charges. Section 9: Findinas and Order The Board shall, within fifteen (15) days after the hearing is completed, enter its written findings and order on the records of the Board and notify the parties. The findings and decision of the Board following a hearing of charges shall be preserved by the Secretary. Notice of the findings and decision shall be sent to the officer involved and the department head for enforcement. If the decision is that the officer is guilty of the charge(s) and discharge is ordered, the discharge shall be effective immediately. 31 CHAPTER 5: GENERAL Section 1: Rules All officers shall be governed by these Rules and Regulations and the Rules and Regulations of their respective department. Any conflict between these Rules and Regulations and those of the respective departments shall be resolved by the application of these Rules and Regulations. Each rule passed by the Board and each section is an independent rule. The holding of any rule or section to be void, invalid, or ineffective for any reason does not affect the validity of any other rule or section. Section 2: Additional Powers of the Board The Board shall have such other powers and duties as are given it by the Corporate Authorities. Section 3: Violation of Rules or Laws Any violation of the laws of any municipality or state, or federal law, or of these Rules and Regulations, or the rules, regulations or other orders of the respective Fire or Police Department, by any officer shall be cause, among other things, for the filing of charges against the officer, and for the taking of disciplinary action. Section 4: Appeal and/or Review All final administrative decisions of the Board may be reviewed pursuant to Administrative Review as adopted by the Illinois Compiled Statutes. This shall be the sole means of securing judicial review of the Board's decision. Section 5: Leave of Absence Leaves of absence shall be granted by reason of military service or temporary duty-related disability as determined by the appropriate Pension Board as required in Ch. 65, Sec. 10-2.1-23 ILCS or as may otherwise be required by state or federal regulation. If a leave of absence is granted during a probationary period for any reason whatsoever, the running of the probationary period shall be tolled until the probationary employee returns from the leave of absence. Any absence from duty other than authorized vacation, for longer than ten (10) consecutive days shall be deemed a leave of absence for purposes of tolling the probationary period. . Section 6: Political Contributions No officer shall be under any obligation to contribute to any fund or to render any political service. No officer shall be discharged or otherwise prejudiced for refusing to do so. No officer shall discharge or demote or in any manner change the official rank or compensation of any other person for withholding or refusing to pay any contribution of money or service or any other valuable thing for any political purpose. No officer shall in any other manner directly or indirectly use his or her official authority or influence to compel or induce any other person to payor render any political assessment, subscription, contribution or service. Section 7: Political Activities No officer shall use his or her official authority or position to coerce or influence the political action of any person or body or to interfere with any election. This shall not prevent the officer from expressing a political opinion, so long as the expression is not detrimental to the efficiency and discipline of the department. While on duty, no officer may take part in any political campaign, solicit funds or signatures for any political purpose, act as a worker at the polls, or distribute badges, color or indicia favoring or opposing a candidate for election or nomination to a public office. Section 8: Effect These Rules and Regulations dated ,supersede and replace all Rules and Regulations previously issued by the Board. These Rules and Regulations shall be in full force and effect after being duly adopted and published. DATE: Mayor Irvana K. Wilks Village Clerk