HomeMy WebLinkAboutRes 32-08 05/20/2008
RESOLUTION NO. 32-08
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 May 5, 2008,
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: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel
NAYS: None
ABSENT: None
PASSED and APPROVED this 20th day of May, 2008.
~~~~
Irvana K. Wilks, Mayor
RULES AND REGULATIONS
OF THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT 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
F. "Corporate Authorities" shall mean the President and Board of Trustees
of the Village of Mount Prospect...................................................................................... 3
G. "Village Code" shall mean the Village of Mount Prospect Code. ............ 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
Section 1: Summary of Procedures for Selecting Officers for Promotion ........ 20
Section 2: Establishment of Examinations...................................................... 20
Section 3: Notice of Examination.................................................................... 21
Section 4: Candidates Eligibility for Participation in Pre-Screening Examination
21
Section 5: Pre-Screening Examinations.......... ............... ............ .................. ... 21
Section 6: Candidates Eligible to Proceed to Assessment Center.................. 22
Section 7: Assessment Center Panel....... ................................ ............ ..... ...... 22
Section 8: Assessment Center Process.......................................................... 22
Section 9: 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
CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS
AN D DISC HARG ES ...................................................................................................... 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
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Section 6: Demotions...................................................................................... 26
Section 7: Hearing Procedures....................................................................... 27
Section 8: Pre-Hearing Procedure.................................................................. 28
Section 9: 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
.............................................................33
Village Clerk 33
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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 May 20,2008.
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 Regulations
A. The word "Board" shall mean the Board of Fire and Police
Commissioners of the Village of Mount Prospect.
B. The word "Officer" shall mean any individual holding a permanent
office as a full time sworn member of the Fire and Police
Departments of the Village of Mount Prospect as described under
the provisions of the Code of Ordinances of the Village of Mount
Prospect, Cook County, Illinois, as amended. It shall include
probationary members, except when otherwise specified.
C. Any time reference is made to the Police or Fire Chief, that term
shall include any person duly acting in place of the Police or Fire
Chief.
D. The word "firefighter" shall mean firefighter/paramedic.
E. The word "Village" shall mean Village of Mount Prospect.
F. "Corporate Authorities" shall mean the President and Board of
Trustees of the Village of Mount Prospect.
G. "Village Code" shall mean the Village of Mount Prospect Code.
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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
Board.
Section 4:
Duties of the Board
The Board shall, in accordance with these Rules and Regulations, appoint
all officers of the Fire and Police Departments of the Village through and
including:
1. Police Department: Sergeant
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.
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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 5,9120/1-120/5.
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:
I. 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.
J:;
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: Oriqinal 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.
R
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 (D) 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;
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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;
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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. Age 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
65 ILCS 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
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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:
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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 (D) 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 - Oriqinal Appointments
A. Release of Liability
All applicants shall execute and deliver to the Board, a release in
favor of the Village of Mount Prospect, and each of its officers,
agents and employees, relative to all liability, loss, damage or
expense that may arise as a result of or in connection with the
applicant's participation in the examination procedure. The release
shall be in a form prescribed by the Board.
B. Notice of Examination
Examinations shall be held on the dates fixed by the Board, 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.
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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.
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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. ScorinQ. 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,
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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. Backqround Investiqation
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. Physical 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.
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7. Psycholoqical 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. Polyqraph 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 Eliqibility List
The Board will prepare an "Initial Eligibility List" of the Candidates
successfully completing the required phases. The candidate's
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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 Claiminq 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 Eliqibilitv 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.
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H. Eliqibilitv List - Oriqinal 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 Eliqibilitv 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
.......
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 second 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 Emplovees;
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
1A
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, i.e., licensure as a paramedic by the Illinois
Department of Public Health and certification by the local EMS
system, shall be dismissed from service.
L. Discharqe 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. Emerqency Appointments
The Board, upon order of the Corporate Authorities, may make
such temporary appointments as it shall deem necessary to protect
1Q
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 Selectinq 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
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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.
Section 4:
Candidates Eliqibility for Participation in Pre-Screeninq
Examination
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-Screeninq 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.
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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.
Section 6:
Candidates Eliqible 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.
Section 7:
Assessment Center Panel
The Assessment Center shall consist of a panel of persons familiar with
the requirements and problems of the position to be filled and having a
demonstrated ability to assess individuals in light of those requirements
and problems. The panel shall be subject to the approval of the Board.
No member of the panel shall be an employee of the Village of Mount
Prospect.
Section 8:
Assessment Center Process
The Assessment Center process of examination shall enable the
assessment panel to evaluate the candidate on the following criteria:
22
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
23
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:
24
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) Days (Forty (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 Chief's 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
25
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:
Discharqe. Demotion or Suspension of More than Five (5)
Days.
Except as set forth in Section 1 of this Chapter 4, no non-probationary,
sworn member of the Fire or Police Department shall be suspended,
demoted or discharged except upon written charges and after an
opportunity to be heard in his/her own defense. The hearings shall be
governed by the Village Code and this Chapter 4. Charges shall be made
in writing to any member of the Board by the Fire or Police Chief, the
Village Manager or the Village President. The charges shall then be filed
with the Secretary of the Board.
Section 4:
Pre-Hearinq 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 by the Board after Hearinq
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
26
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: Hearinq 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 opposition.
E. All hearings shall be in compliance with the Illinois Open Meetings
Act. This requirement recognizes that certain personnel matters
may be undertaken in closed session.
F. At the time and place of hearing, each party may be represented by
counsel if that party so desires.
G. All disciplinary hearings before the Board shall be recorded by a
Certified Stenographic Reporter to be employed by the Board.
H. The records of all hearings will not be transcribed by the reporter
unless requested by the Board or a party before the Board. Any
party requesting a transcript shall pay the cost of the transcript.
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-Hearinq 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.
28
B. Notification of Hearinq
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 condition 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 Charqes, 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. Filinq
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.
30
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 Hearing
The date which the Board sets for hearing on the charges shall be
within thirty (30) days of the time of the filing of the charges.
Section 9:
FindinQs 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
CHAPTERS: 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 /I}o V/) 6 ,62008 supersede
and replace all Rules and Regulations p{eviously issued by the Board.
These Rules and Regulations shall be in full force and effect after being
duly adopted and published.
DATE:~7 t~ R~
~Kw~
Mayor Irvana K. Wilks, Village of Mount Prospect
~m~~4~r [If
Villalfe. lerk ..
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