HomeMy WebLinkAbout4. Mayor's Report 02/15/2011tv Village of Mount Prospect
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS�
FROM: BOARD OF FIRE AND POLICE COMMISSION CHAIRMAN �r
DATE: JANUARY 7, 2011
SUBJECT: BOARD OF FIRE AND POLICE COMMISSION REVISED RULES AND REGU
The Board of Fire and Police Commissioners (BOFPC) has been working for several months wityl
staff on revisions to our Rules and Regulations. The attached Rules and Regulations are a
culmination of this effort that included all of the Commission members, Chief Dahlberg, Chief
Malcolm, and the Village's legal counsel. Some of the changes that we made to the Rules and
Regulations include the following:
1. Changes to the Officers of the Board which includes replacement of the Board secretary
with a recording secretary. The recording secretary will be a Village employee appointed
by the Village Manager.
2. Revisions to the language regarding education credit for applicants who display fluency in a
language prevalent in Mount Prospect.
3. Changes to the Fire Department promotions section to align with the Fire Department
Promotion Act and the Collective Bargaining Agreement.
The revised Rules and Regulations were passed unanimously at our meeting on January 3, 2011.
On behalf of all of the Commission members I request the Village Board adopt the revised Rules
and Regulations. Chief Dahlberg, Chief Malcolm, and I will all be present at the February 1, 2011,
Village Board meeting to discuss these changes and answer any questions. If there are any
questions prior to the meeting please feel free to give me a call. Diane Rhodes, Police Chief
Dahlberg's secretary, has my contact information
George K. Busse
GB /jm /cl
Attachments
c: Police Chief John Dahlberg
Fire Chief John Malcolm
I: \BOFPC \VB Memo - Adoption of Revised Rules & Regs (1- 7- 11).docx
RULES AND REGULATIONS
OF THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT PROSPECT
COUNTY OF COOK, STATE OF ILLINOIS
11/29/10
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
Section5:
Meetings ........................................................... ...............................
4
Section6:
Quorum ............................................................. ...............................
5
Section 7:
Order of Business ............................................. ...............................
5
Section 8:
Rules of Procedure ........................................... ...............................
5
Section9:
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 ....... ...............................
1211
CHAPTER 3: PROMOTIONS ...................................................... ...............................
20
Section 1:
Summary of Procedures for Selecting Officers for Promotion........
20
Section 2:
Establishment of Examinations ....................... ...........................22
............
Section 3:
Notice of Examination ......... ............................... ........................2321
Section 4:
Candidates Eligibility for Participation in Pre - Screening Examination
232'!
Section 5:
Pre - Screening Examinations ...................... ...............................
2322
Section 6:
Candidates Eligible to Proceed to Assessment Center ..............
2422
Section 7:
Assessment Center Panel .......................... ...............................
2423
Section 8:
Assessment Center Process ....................... ...............................
2423
Section 9:
Use of Assessment Center Panel Report and Selection of
Candidate to Position ...................................................... ...............................
2523
.............
Section 10:
Probationary Period .................................... ...............................
2524
..
Section 11:
List of Qualified Candidates ........................ ...............................
2625
Section 12:
Review ............................. ............................... ...........................2625
Section 13:
Fire Lieutenant Promotions ......................... ...............................
2725
............
CHAPTER 4: CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS
AND DISCHARGES ........................................ ............................... ...........................2925
Section 1:
Suspension of Not More than Five (5) Days (Forty (40) Hours)
2926
Section 3:
Discharge, Demotion or Suspension of More than Five (5)
Days.
3026
Section 4:
Pre - Hearing Suspension ............................. ...............................
3026
Section 5:
Dispositions by the Board after Hearing ...... ...............................
3027
Section 6:
Demotions ........................ ............................... ...........................
3027
Section 7:
Hearing Procedures .................................... ...............................
3 . 1 . ?8
Section 8:
Pre - Hearing Procedure ............................... ...............................
3229
Section 9:
Findings and Order .......... ............................... ...........................3532
CHAPTER 5: GENERAL ......................................................... ...............................
3532
Section1:
Rules ........................................................... ...............................
3532
.............
Section 2:
Additional Powers of the Board ................... ...............................
3632
............
Section 3:
Violation of Rules or Laws .......................... ...............................
3632
Section 4:
Appeal and /or Review ................................. ...............................
3633
Section 5:
Leave of Absence ....................................... ...............................
3633
Section 6:
Political Contributions ................................. ...............................
3633
...........
Section 7:
Political Activities ........................................ ...............................
3733
...........
Section8:
Effect ........................................................... ...............................
3734
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 , 2010.
CHAPTER 1: ADMINISTRATION
Section 1: Source of Authority
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 of Fire and Police
Commissioners
Section 2: Construing 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.
Section 3: Officers of the Board
The Village President shall annually appoint a chairperson. The
chairperson shall be the presiding officer at all meetings. —
sh �l + its „ ua� .t n M ` sect a ff I ret' y. The
chairperson nd-s etary shall hold office for one full year and until the4
successor is duly appointed or elected and qualified. The Village
Manager shall appoint a Village employee to act as the recording
secretary to the Board.
an m ° °+ ^ ^s The recording 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.
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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: Meetings
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 recording
secretary A-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 typically be as follows:
I.
Approval of the minutes
II.
Police Department Update
III.
Fire Department Update
IV.
Closed Session
V.
Old Business
VI.
New Business
VIL
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.
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 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: Original 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 or e-
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 (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 twelve
(12) months ,
5 to be addicted to the use of intoxicating beverages or drugs
and not in a certified program of recovery or be able to prove
a current status of recovery from the addiction;
6. to 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;
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;
t. 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 Fire Department or 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. 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
attained the age of thirty -five (35) years shall be inducted as a
member of the Fire Department.
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
prevalent in the Mount Prospect Police Service area, other
than English, as determined by the most recent U.S. Census
Bureau statistics. Fluency shall mean a clearly
demonstrated ability to read, §p@akwrite speak and understand the
language in ,.,^ N ^ ; tee "mgt n The Board shall
be the sole judge of whether a language is prevalent in the
10
Mount Prospect Service Area and whether fluency has been
clearly demonstrated. The Board may retain a testing
agency to advise as to specific language prevalence and for
standards and evaluation of fluency.
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(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, ® as determined by the most recent U.S. Census
Bureau statistincs. Fluency shall mean a clearly
demonstrated ability to read, §ppakwr4te, and understand the
language . The Board shall be
the sole judge of whether a language is prevalent in the
Mount Prospect Service Area and whether fluency has been
clearly demonstrated . The Board may retain a testing
agency to advise to specific language prevalence and for
standards and evaluation of fluency.
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).
11
Section 2: Examinations — Original 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.
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:
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
Department 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.
12
Orientation (Police Only) This may include a written test
tutorial, a preliminary Physical Aptitude Test or other
Physical Ability Ttest 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. Scoring 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, by regular mail or e-
mail, 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
13
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
Commission members and two (2) individuals appointed by
the Chief of the department for which the testing is being
performed. At least one (1) Commission member must
participate along with the appointed individuals. Each
member of the Interview Panel will have equal voting
privileges. The Commission member(s) will select the
chairperson for the e;a4 Interview Panel, which shall be a
Commission member. 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, 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. Background Investigation
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
14
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 must submit proof of having successfully
completed the CPAT within the past twelve (12) months.
Failure to provide such proof will eliminate the applicant from
further consideration.
7. Psychological Evaluation
After a conditional offer of employment, each applicant shall
submit to a psychological evaluation by a clinical
psychologist selected by the Board and licensed by the State
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. Polygraph 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.
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.
15
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 Eligibility List
The Board will prepare an "Initial Eligibility List" of the Candidates
successfully completing the required phases. The candidate's
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.
Preference Points
Available Points
in4nr rnfnr n4c \ yam
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 other preference points shall be awarded
for entry into the Fire Department. No preference points
shall be awarded for entry into the Police Department or for
promotion to Police Sergeant.
2. Time and Method of Claiming 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 Eligibility List
16
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 determines prior to
commencement of the testing process.
2. A dated copy of the Final Eligibility List shall be sent to each
Candidate on such List.
H. Eligibility 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 as 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.
3. The Board may extend the life of an eligibility list upon
majority vote at the board meeting prior to the scheduled
termination date.
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Appointment of Probationary Members from Eligibility List;
Declination
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.
Probationary Terms
18
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 Training Program 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, i.e., licensure as a paramedic by the Illinois
Department of Public Health and certification by the local EMS
system, shall be dismissed from service.
L. Discharge of Probationary Members
19
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. Emergency Appointments
The Board, upon order of the Corporate Authorities, may make
such temporary appointments as it shall deem necessary to protect
the health, safety and welfare of the Village. In the case of a strike,
walk -out, "blue -flu" or similarjob 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.
CHAPTFR �- PRmmnTinm;
Section 1:
P+ornotkm Promotion Procedures Common to Police and Fire.
A. Establishment of Examinations for Police Department and
Fire Department
Except for promotions to the Suoervisory 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
W
B. Notice of Examination for Police Department and Fire Department
C. Review
The written request for review must be delivered to the Secretary of the
Board or his or her designated representative and must plainly state:
1. The phase of the promotional process for which review is being
sou ht.
21
2. The reason(s) for the reauest for review.
Reviews will be conducted at the Board's next meeting at which a -1 1^11
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 12 ''1 days of the original
date of the filing of the request for review.
Section 2: Police.
Promotions within the d-Police Departments shall be accomplished in the
following order and in accordance with the standards set forth in this chapter.
22
A.S°^ +�^^ -. Candidates Eligibility for Participation in Pre - Screening Examination
A. lis . 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. Sestien 0: Pre - Screeninq Examinations
1A. Content of Examinations
The subject matter of examinations shall be such as will in the
Board's determination fairly test the capacity of the candidate to
discharge the duties of the position to which the candidate seeks
promotion.
2 -B. Criteria and Scoring
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
23
rating based on the candidate's past performance with the
Department.
G-3. No Merit Rating if Open to General Public
In the event the Board deems it necessary to extend the
examination process to the general public, there shall be no
consideration given to departmental merit and efficiency for any
candidate.
C. Assessment Center
1A. Eligible to Proceed Those individuals in the pre- screening
process who both (1) achieve a minimum score of seventy (70); and (2)
rank in the top eight (8), shall be considered finalists for promotion and be
eligible to participate in an Assessment Center. If fewer than eight (8)
achieve a minimum score of seventy (70), then only those achieving the
minimum will be eligible. The foregoing notwithstanding, the Board may, if
announced prior to the examination, permit up to twenty (20) persons
achieving a minimum score of seventy (70) to advance to the Assessment
Center.
o
2. Sestien 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.
3. Section 8: Assessment Center Process
The Assessment Center process of examination shall enable the
assessment panel to evaluate the candidate on the following criteria:
a A. Leadership ability
b g. Administrative skills
c G. Oral and written communication skills
24
dD. 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.
4-Se.o +;on 9: Use of Assessment Center Panel Report and
Selection of Candidate to Position
aA. -off+ . 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 G. Selection of Police Candidate t^ EAher °n ^° ^r r° The
Police Chief shall then select the candidate to be promoted from
the top four (4) names on the qualified List. If more than one (1)
opening is to be filled at the same time, the Chief may choose from
a number of the candidates at the top of the List that is three (3)
more than the number to be chosen. (Example: If three (3)
candidates are to be chosen, the Chief may choose from the top six
(6) names, if six (6) are to be chosen, the Chief may choose from
the top nine (9) names).
D. Seetien 19: Probationary Period
25
A. °nlie . Any Police candidate promoted by virtue of this Chapter shall be
classified as on probationary status for a period of one (1) year following his /her
promotion. The probationary period will terminate automatically at the expiration of the
one (1) year period unless the Police Chief certifies to the Board that the probationary
sergeant has not performed his or her duties satisfactorily during that period. In that
event, the probationary sergeant shall be returned to his or her prior rank using the
same procedure as set forth in Chapter 2, Section 2(L) for the dismissal of original
appointment probationary officers.
E. Seetien 11: List of Qualified Candidates
The list of qualified candidates as certified by the Board shall be posted by the
Police Chief and shall be valid for future selection to the position for the period of three
(3) years from the date of posting.
RM
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.
Section 3. Fire.
A. Eligibility
All 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.
B.
Content of Examinations
The subiect matter of examinations shall be such as will in the Board's
determination fairly test the capacity of the candidate to discharge the
duties of the position to which the candidate seeks promotion. Thirty
percent (30 %) of the total points available shall be attributable to a
departmental merit and efficiency ratino based on the candidate's cast
erformance with the Department
C. Assessment Center
The candidates shall submit to an Assessment as set forth below:
1. Assessment Center Panel
27
The Assessment Center shall consist of a panel of persons familiar with
the requirements and problems of the position to be filled and having a
demonstrated ability to assess individuals in light of those requirements
and problems. The panel shall be subject to the approval of the Board.
No member of the panel shall be an employee of the Village of Mount
Prospect.
2. Assessment Center Process
The Assessment Center process of examination shall enable the
assessment panel to evaluate the candidate on the following criteria:
a. Leadership ability
Administrative skills
C. Oral and written communication skills
d. Ability to function satisfactorily in emergency situations; and
e. Abilit I to supervise subordinates and to perform duties and
functions in conformitv with the established goals of the appropriate
department.
3. Use of Assessment Center Panel Report and Selection of
Candidate to Position
The Assessment Center Panel shall complete a report for the Board and
Fire Chief indicating the strengths and weaknesses of each candidate
based on that candidate's performance in the Assessment Center. The
scoring shall be done according to a system established by the Board at
the time of announcement of the promotional examination.
D. Preference Points.
FM
Final Score.
The final score shall be determined by a weighted formula pursuant to which the
Ascertained Merit portion is thirty (30 %) percent of the score and the Assessment
Center is seventy (70%) percent of the score and any available Veterans points are
then added.
F. List of Qualified Candidates.
The List of qualified candidates as certified by the Board shall be posted by the
Chief and shall be valid for future selection to the position for the period of two ()) years
from the date of posting. The Board shall make the appointments solely according to
their rank on this List.
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
Chiefs 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.
RE
Section 3: Discharge, 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 - Hearing Suspension
After charges have been filed but prior to the hearing, the Board on its
own motion or on motion of the Police or Fire Chief may suspend without
pay the person against whom the charges have been preferred for a
period not to exceed thirty (30) days. If the Board determines after the
hearing that the charges are not sustained, that person shall be
reimbursed for all pay withheld. If the officer requests a continuance of
the hearing beyond thirty (30) days, Section 7(E) of this Chapter 4 shall
apply.
Section 5: Dispositions by the Board after Hearing
Upon a finding of guilty of the written charge(s), the Board may suspend
the officer for a period not to exceed thirty (30) days without pay, remove
him /her from office or discharge him /her.
Section 6: Demotions
A. Any Police Sergeant or Fire Lieutenant who was promoted to that
rank by the Board may also be demoted by the Board . Such
demotion may be made only upon the written request of the Fire or
Police Chief. The request shall clearly set forth the reasons for the
demotion. The officer shall be notified in writing, by registered mail
or personal service, of such determination and shall be requested
to appear before the Board at a specified time and place for a
hearing relative to the demotion. The time for the hearing shall be
set by the Board within thirty (30) days of the time of the filing of the
report with the Board. The officer shall be given an opportunity to
be heard in his /her own defense at the hearing. Such demotion
shall be made only after the Board has found that the officer is
deficient in the performance of his or her duties in any one or more
of the following areas:
30
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
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.
31
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 - Hearing 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
32
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 may require that any
application for subpoena be 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
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.
Continuance Because of Inability to Serve Subpoenas
33
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 Charges, Objections
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.
Sarvira
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.
Filing
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
All papers filed in any proceeding shall be typewritten or
printed and shall be on one side of the paper only.
34
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 Hearinq
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: Findings 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.
CHAPTER5: GENERAL
Section 1: Rules
All officers shall be governed by these Rules and Regulations and the
Rules and Regulations of their respective department. Any conflict
between these Rules and Regulations and those of the respective
35
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
36
for withholding or refusing to pay any contribution of money or service or
any other valuable thing for any political purpose. No officer shall in any
other manner directly or indirectly use his or her official authority or
influence to compel or induce any other person to pay or render any
political assessment, subscription, contribution or service.
Section 7: Political Activities
No officer shall use his or her official authority or position to coerce or
influence the political action of any person or body or to interfere with any
election. This shall not prevent the officer from expressing a political
opinion, so long as the expression is not detrimental to the efficiency and
discipline of the department.
While on duty, no officer may take part in any political campaign, solicit
funds or signatures for any political purpose, act as a worker at the polls,
or distribute badges, color or indicia favoring or opposing a candidate for
election or nomination to a public office.
Section 8: 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:
Village President, Village of Mount Prospect
Village Clerk
37
RULES AND REGULATIONS
OF THE BOARD OF FIRE AND POLICE COMMISSIONERS
OF THE VILLAGE OF MOUNT PROSPECT
COUNTY OF COOK, STATE OF ILLINOIS
11/29/10
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 .......................................................................... ..............................2
Section 1:
Source of Authority .................................................................... ..............................2
Section 2:
Construing these Rules and Regulations .................................. ..............................2
Section 3:
Officers of the Board ................................................................. ..............................2
Section 4:
Duties of the Board .................................................................. ...............................
3
Section5:
Meetings .................................................................................... ..............................3
Section6:
Quorum ..................................................................................... ..............................3
Section 7:
Order of Business ..................................................................... ..............................3
Section 8:
Rules of Procedure ................................................................... ..............................4
Section9:
Motions ...................................................................................... ..............................4
Section 10:
Amendments ............................................................................ ...............................
4
Section 11:
Annual Summary ....................................................................... ..............................4
CHAPTER 2:
HIRING OF NEW SWORN PERSONNEL ........................................ ..............................4
Section 1:
Original Appointments ............................................................... ..............................4
Section 2:
Examinations — Original Appointments .................................... ...............................
8
CHAPTER 3:
PROMOTIONS ................................................................................ .............................15
Section 1:
Summary of Procedures for Selecting Officers for Promotion . .............................15
Section 2:
Establishment of Examinations ...... .........................Error! Bookmark not defined.
Section 3:
Notice of Examination .................... .........................Error! Bookmark not defined.
Section 4:
Candidates Eligibility for Participation in Pre - Screening Examination ...................16
Section 5:
Pre - Screening Examinations .................................................... .............................17
Section 6:
Candidates Eligible to Proceed to Assessment Center ........... .............................17
Section 7:
Assessment Center Panel ........................................................ .............................17
Section 8:
Assessment Center Process .................................................... .............................17
Section 9:
Use of Assessment Center Panel Report and Selection of Candidate to
Position
18
Section 10:
Probationary Period ................................................................. .............................18
Section 11:
List of Qualified Candidates ..................................................... .............................18
Section 12:
Review ............. ............................... .........................Error! Bookmark not defined.
Section 13:
Fire Lieutenant Promotions ............ .........................Error! Bookmark not defined.
CHAPTER 4:
CHARGES, HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND
DISCHARGES
20
Section 1:
Suspension of Not More than Five (5) Days (Forty (40) Hours) ......................20
Section 3:
Discharge, Demotion or Suspension of More than Five (5) Days ....................20
Section 4:
Pre - Hearing Suspension .......................................................... .............................21
Section 5:
Dispositions by the Board after Hearing .................................. .............................21
Section6:
Demotions .............................................................................. ...............................
21
Section 7:
Hearing Procedures ................................................................. .............................21
Section 8:
Pre - Hearing Procedure ............................................................ .............................22
Section 9:
Findings and Order .................................................................. .............................25
CHAPTER 5:
GENERAL ........................................................................................ .............................25
Section1:
Rules ...................................................................................... ...............................
25
Section 2:
Additional Powers of the Board ................................................ .............................25
Section 3:
Violation of Rules or Laws ........................................................ .............................25
Section 4:
Appeal and /or Review ............................................................ ...............................
25
Section 5:
Leave of Absence .................................................................. ...............................
25
Section 6:
Political Contributions ............................................................... .............................26
Section 7:
Political Activities ...................................................................... .............................26
Section8:
Effect ...................................................................................... ...............................
26
11/29/10
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 1 2010.
CHAPTER 1: ADMINISTRATION
Section 1: Source of Authority
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 of Fire and
Police Commissioners.
Section 2: Construing 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.
Section 3: Officers of the Board
The Village President shall annually appoint a chairperson. The chairperson shall
be the presiding officer at all meetings. The chairperson shall hold office for one
full year and until a successor is duly appointed or elected and qualified. The
Village Manager shall appoint a Village employee to act as the recording
secretary to the Board. The recording 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.
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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: Meetings
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 recording secretary 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 typically be as follows:
I. Approval of the minutes
II. Police Department Update
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III.
Fire Department Update
IV.
Closed Session
V.
Old Business
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.
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 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: Original 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 or
e -mail. If an applicant does not duly respond to the notice, that applicant
may be eliminated from further consideration.
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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 (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 twelve (12)
months;
5 to be addicted to the use of intoxicating beverages or drugs and
not in a certified program of recovery or be able to prove a
current status of recovery from the addiction;
6. to 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;
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;
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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;
t. 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 Fire Department or 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. 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
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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 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.
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d. Thirty (30) college equivalency semester hours for
demonstrating fluency in any language prevalent in the Mount
Prospect Police Service area, other than English, as determined
by the most recent U.S. Census Bureau statistics. Fluency shall
mean a clearly demonstrated ability to read, speak and
understand the language -. The Board shall be the sole judge of
whether a language is prevalent in the Mount Prospect Service
Area and whether fluency has been clearly demonstrated. The
Board may retain a testing agency to advise as to specific
language prevalence and for standards and evaluation of
fluency.
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(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, as determined by
the most recent U.S. Census Bureau statistics. Fluency shall
mean a clearly demonstrated ability to read, speak, and
understand the language. The Board shall be the sole judge of
whether a language is prevalent in the Mount Prospect Service
Area and whether fluency has been clearly demonstrated . The
Board may retain a testing agency to advise to specific language
prevalence and for standards and evaluation of fluency.
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 — Original Appointments
A. Release of Liability
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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 Department
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.
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
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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. Scoring 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, by regular mail or e-mail,
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 Commission
members and two (2) individuals appointed by the Chief of the
department for which the testing is being performed. At least
one (1) Commission member must participate along with the
appointed individuals. Each member of the Interview Panel will
have equal voting privileges. The Commission member(s) will
select the chairperson for the efal Interview Panel, which shall be
a Commission member. 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, 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.
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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. Background Investigation
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 must submit proof of having successfully completed
the CPAT within the past twelve (12) months. Failure to provide
such proof will eliminate the applicant from further consideration.
7. Psychological Evaluation
After a conditional offer of employment, each applicant shall
submit to a psychological evaluation by a clinical psychologist
selected by the Board and licensed by the State 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. Polygraph 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.
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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 Eligibility List
The Board will prepare an "Initial Eligibility List" of the Candidates
successfully completing the required phases. The candidate's 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
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 other
preference points shall be awarded for entry into the Fire
Department. No preference points shall be awarded for entry
into the Police Department or for promotion to Police Sergeant.
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 Eligibility List
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 determines prior to
commencement of the testing process.
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2. A dated copy of the Final Eligibility List shall be sent to each
Candidate on such List.
H. Eligibility 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 as 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.
3. The Board may extend the life of an eligibility list upon majority
vote at the board meeting prior to the scheduled termination date.
Appointment of Probationary Members from Eligibility List; Declination
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
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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.
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 Training Program 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
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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. Discharge 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. Emergency Appointments
The Board, upon order of the Corporate Authorities, may make such
temporary appointments as it shall deem necessary to protect 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.
CHAPTFR 3• PROMOTIONS
Section 1: Promotion Procedures Common to Police and Fire.
A. Establishment of Examinations for Police Department and
Fire Department
Except for promotions to the Supervisory Ranks set forth in Chapter 4 of the
Village Code, the Board will be responsible for all promotions in the Fire and
Police Department according to the standards set forth in this chapter. All
examinations and assessments for promotion shall be competitive among such
eligible officers as desire to submit themselves to the process. In the event that
the Board determines that no police officer or firefighter participating in the
examination and assessment process is qualified for promotion under these
standards, or in the event, that no officer or firefighter elects to participate in the
promotional process then the Board shall have the option of inviting participation
by Mount Prospect probationary officers and firefighters and otherwise qualified
police officers or firefighters outside of the Mount Prospect Fire Department or
Police Department. If such a process does not yield a qualified candidate, the
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Board may then, in its sole discretion and without amending these Rules and
Regulations, establish such standards for examination as it deems appropriate
All candidates for the position shall be subject to the pertinent application and
disqualification restrictions provided for original appointments in Chapter 2.
B. Notice of Examination for Police Department and Fire Department
The Board shall set the first and last dates for the giving of the promotional
examination. If the examination is open to the general public, the date for the
opening of the examination process shall be published according to State law. If
the examination process is not open to the general public, notice shall be posted
in three conspicuous places in the appropriate department. If for scheduling
purposes, the Board requires candidates to file an application for the taking of the
exam, the notice shall so state and give the final date for the filing of the
application. Examinations may be postponed by order of the Board, in which
event, the order shall state the reason for the postponement and shall designate
a new date for conducting the examination. All candidates shall be notified by
regular mail or e-mail of a postponement and of the new date fixed for the
examination.
C. Review
A candidate may request a review of any phase of the promotional process which
he or she believes to be unfair, discriminatory or inaccurately reported or graded.
Failure to file a request for review within fourteen (14) days of the posting of the
List pursuant to Section 11 of this Chapter will cause the candidate to become
ineligible to participate in a review process. A request for review shall not
interfere with or delay an ongoing promotional process except by an affirmative
vote of not less than sixty -five percent (65 %) of the members of the Board.
The written request for review must be delivered to the Secretary of the Board or
his or her designated representative and must plainly state:
The phase of the promotional process for which review is being sought.
The reason(s) for the request for review.
Reviews will be conducted at the Board's next meeting at which a quorum is
present. The Board shall issue a written response or may conduct such further
investigations as it deems appropriate. However, all reviews shall be disposed of
within one hundred and twenty (120) days of the original date of the filing of the
request for review.
Section 2: Police.
Promotions within the Police Department shall be accomplished in the following order
and in accordance with the standards set forth in this chapter.
A. Candidates Eligibility for Participation in Pre - Screening Examination
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.
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B. Pre - Screening Examinations
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.
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.
No Merit Rating if Open to General Public
In the event the Board deems it necessary to extend the examination
process to the general public, there shall be no consideration given to
departmental merit and efficiency for any candidate.
C. Assessment Center
1. Eligible to Proceed. Those individuals in the pre- screening process who
both (1) achieve a minimum score of seventy (70); and (2) rank in the top eight
(8), shall be considered finalists for promotion and be eligible to participate in an
Assessment Center. If fewer than eight (8) achieve a minimum score of seventy
(70), then only those achieving the minimum will be eligible. The foregoing
notwithstanding, the Board may, if announced prior to the examination, permit up
to twenty (20) persons achieving a minimum score of seventy (70) to advance to
the Assessment Center.
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.
Assessment Center Process
The Assessment Center process of examination shall enable the assessment
panel to evaluate the candidate on the following criteria:
a. Leadership ability
b. Administrative skills
C. Oral and written communication skills
d. Ability to function satisfactorily in emergency situations; and
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e. Ability to supervise subordinates and to perform duties and
functions in conformity with the established goals of the appropriate
department.
Use of Assessment Center Panel Report and Selection of
Candidate to Position
a. The Assessment Center Panel shall complete a report for the
Board and Chief of Police indicating the strengths and weaknesses of
each candidate based on that candidate's performance in the
Assessment Center.
After completion of the Assessment Center and a review of the report of
the Assessment Center Panel, the Board shall eliminate any remaining
candidate who is believed to be unqualified and shall certify a List of
qualified candidates to the Police Chief. The Board may, upon prior
written request of the Police Chief and in its sole discretion, use the
score from the pre- screening examination as a determinant of ranking, in
addition to the Assessment Center report. Such use of the pre- screening
examination must be announced prior to the commencement of the
promotional process. Otherwise, candidates on the List shall be ranked
according to their performance in the Assessment Center.
b. Selection of Police Candidate. The Police Chief shall then select
the candidate to be promoted from the top four (4) names on the
qualified List. If more than one (1) opening is to be filled at the same
time, the Chief may choose from a number of the candidates at the top of
the List that is three (3) more than the number to be chosen. (Example:
If three (3) candidates are to be chosen, the Chief may choose from the
top six (6) names, if six (6) are to be chosen, the Chief may choose from
the top nine (9) names).
D. Probationary Period
Any Police candidate promoted by virtue of this Chapter shall be classified as on
probationary status for a period of one (1) year following his /her promotion. The probationary
period will terminate automatically at the expiration of the one (1) year period unless the Police
Chief certifies to the Board that the probationary sergeant has not performed his or her duties
satisfactorily during that period. In that event, the probationary sergeant shall be returned to his
or her prior rank using the same procedure as set forth in Chapter 2, Section 2(L) for the
dismissal of original appointment probationary officers.
E. List of Qualified Candidates
The list of qualified candidates as certified by the Board shall be posted by the Police
Chief and shall be valid for future selection to the position for the period of three (3) years from
the date of posting.
Section 3. Fire.
A. Eligibility
All 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
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(OSFM) Fire Officer I course work to be eligible to participate in the promotional
examination.
B. Content of Examinations
The subject matter of examinations shall be such as will in the Board's
determination fairly test the capacity of the candidate to discharge the duties of
the position to which the candidate seeks promotion. Thirty 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. Assessment Center
The candidates shall submit to an Assessment as set forth below:
Assessment Center Panel
The Assessment Center shall consist of a panel of persons familiar with the
requirements and problems of the position to be filled and having a demonstrated
ability to assess individuals in light of those requirements and problems. The
panel shall be subject to the approval of the Board. No member of the panel
shall be an employee of the Village of Mount Prospect.
Assessment Center Process
The Assessment Center process of examination shall enable the assessment
panel to evaluate the candidate on the following criteria:
a. Leadership ability
b. Administrative skills
C. Oral and written communication skills
d. Ability to function satisfactorily in emergency situations; and
e. Ability to supervise subordinates and to perform duties and
functions in conformity with the established goals of the appropriate
department.
Use of Assessment Center Panel Report and Selection of
Candidate to Position
The Assessment Center Panel shall complete a report for the Board and Fire
Chief indicating the strengths and weaknesses of each candidate based on that
candidate's performance in the Assessment Center. The scoring shall be done
according to a system established by the Board at the time of announcement of
the promotional examination.
D. Preference Points.
Every promotional candidate for the fire department who was engaged in a
military or naval service of the United States at any time for a period of one year and who was
honorably discharged shall be preferred for promotional appointment. by receiving 7 /10ths of one
point for each six months or fraction thereof, of military or naval service not exceeding thirty
months. This preference shall not apply to persons who were convicted by court - martial of
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disobedience of orders where such disobedience consisted in the refusal to perform military
service on the ground of alleged religious or conscientious objections against war. No person
shall receive the preference for a promotional appointment after he or she has received one
promotion from an eligibility list on which he or she was allowed such preference.
E. Final Score.
The final score shall be determined by a weighted formula pursuant to which the
Ascertained Merit portion is thirty (30 %) percent of the score and the Assessment Center is
seventy (70 %) percent of the score and any available Veterans points are then added.
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 two (2) years from the date of
posting. The Board shall make the appointments solely according to their rank on this List.
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 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: Discharge, 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
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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 - Hearing Suspension
After charges have been filed but prior to the hearing, the Board on its own
motion or on motion of the Police or Fire Chief may suspend without pay the
person against whom the charges have been preferred for a period not to exceed
thirty (30) days. If the Board determines after the hearing that the charges are
not sustained, that person shall be reimbursed for all pay withheld. If the officer
requests a continuance of the hearing beyond thirty (30) days, Section 7(E) of
this Chapter 4 shall apply.
Section 5: Dispositions by the Board after Hearing
Upon a finding of guilty of the written charge(s), the Board may suspend the
officer for a period not to exceed thirty (30) days without pay, remove him /her
from office or discharge him /her.
Section 6: Demotions
A. Any Police Sergeant or Fire Lieutenant who was promoted to that rank
by the Board may also be demoted by the Board . Such demotion may
be made only upon the written request of the Fire or Police Chief. The
request shall clearly set forth the reasons for the demotion. The officer
shall be notified in writing, by registered mail or personal service, of such
determination and shall be requested to appear before the Board at a
specified time and place for a hearing relative to the demotion. The time
for the hearing shall be set by the Board within thirty (30) days of the
time of the filing of the report with the Board. The officer shall be given
an opportunity to be heard in his /her own defense at the hearing. Such
demotion shall be made only after the Board has found that the officer is
deficient in the performance of his or her duties in any one or more of the
following areas:
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: Hearing Procedures
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A. "Counsel' means one who is an attorney in good standing in the State of
Illinois. However, the Board may, upon petition by a party appearing
before it, permit an attorney licensed in another state to represent that
party.
B. The right to determine that "cause" exists in a particular case is vested
solely with the Board.
C. The complainant initiating any proceeding, which provides for a hearing
before the Board has the burden of proof to establish that cause does
exist by a "preponderance of the evidence." Even if the question of a
crime is involved, the standard of "beyond a reasonable doubt" shall not
be applied in the hearing before the Board.
D. The phrase "preponderance of evidence" is defined as the greater weight
of the evidence. It rests with that evidence which, when fairly
considered, produces the stronger impression, has a greater weight and
is more convincing as to its truth when weighed against the evidence
produced in opposition.
E. All hearings shall be in compliance with the Illinois Open Meetings Act.
This requirement recognizes that certain personnel matters may be
undertaken in closed session.
F. At the time and place of hearing, each party may be represented by
counsel if that party so desires.
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 - Hearing 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
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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:
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 may require that any application for
subpoena be 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 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
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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 Charges, Objections
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.
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. Filing
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.
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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: Findings 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.
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
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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
pay or render any political assessment, subscription, contribution or service.
Section 7: Political Activities
No officer shall use his or her official authority or position to coerce or influence
the political action of any person or body or to interfere with any election. This
shall not prevent the officer from expressing a political opinion, so long as the
expression is not detrimental to the efficiency and discipline of the department.
While on duty, no officer may take part in any political campaign, solicit funds or
signatures for any political purpose, act as a worker at the polls, or distribute
badges, color or indicia favoring or opposing a candidate for election or
nomination to a public office.
Section 8: 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:
Village President, Village of Mount Prospect
Village Clerk
11/29/10
MAYOR I t Wont Pmspc
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A. Juracek
A. John Korn
John J. Matuszak
Steven S. Polit
Michael A. Zadel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
TO:
MAYOR IRVANA K. WILKS AND BOARD OF TRUSTEES
FROM:
VILLAGE MANAGER
DATE:
JANUARY 27, 2011
SUBJECT:
PEI WEI ASIAN DINER
1021 N. ELMHURST RD.
NEW CLASS "F2' LICENSE
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Fax: 847/392 -6022
TDD: 847/392 -6064
worm mountprospect.org
On Thursday, January 20, 2011 the Village Manager met with District Manager Kate
Pendergast, Site Manager Ms. Hillori Geissler and Assistant Managers Mr. Eduardo
Neoomuceno and Ms. Robyn Cot6 regarding Pei Wei's request for the creation of a new Class
"F -2" liquor license at its newly constructed Randhurst Shopping Center location. The "F2"
designation provides for the service of beer and wine at tables only.
Pei Wei Asian Diner is a national restaurant chain owned by P. F. Chang's and offers a modest
selection of freshly prepared Asian items influenced by the cuisines of China, Japan, Korea,
Vietnam, and Thailand. The Mount Prospect location will be one of only three locations located
in Illinois. The total building square footage is 3,025 square feet indoor with an estimated 41
tables and an additional 625 square foot outdoor patio. Pei Wei currently plans to serve lunch
and dinner seven days a week with operational hours of 11:00 a.m. -10:00 p.m.
The Village Manager discussed at length with Ms. Pendergast, the Village's particular sensitivity
to the sale of alcohol to minors, especially in light of its proximity to Prospect High School, and
over - service to intoxicated individuals. The Village Manager indicated that Ms. Pendergast was
responsible for the actions of all employees and managers. Mr. Janonis also covered the
Village's Fight Ordinance requirements with the managers and all indicated that they have
completed a certified liquor servers' course as a condition of issuing the license.
A completed application as well as all other required documentation is on file. Ms. Pendergast
and Ms. Geissler have submitted to background checks and fingerprints in association with the
Pei Wei liquor license. As required by the Liquor Code all managers and individuals involved
with the sale and service of alcohol must complete a certified liquor servers training course. If
the Village Board views this application favorably, an Ordinance creating a new Class "F2"
License would need to be adopted. \
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13 OF THE
VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT
PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS:
SECTION ONE: That in accordance with Subsection A of Section 13.108 of Chapter 13 of the Village Code of
Mount Prospect, as amended, the Corporate Authorities shall determine the number of Liquor Licenses
available in each Classification and shall establish a list specifying the number of Liquor Licenses authorized.
Said list is hereby amended by increasing the number of Class "F -2" Liquor Licenses by One (1):
PEI WEI ASIAN DINER INC. d /b /a PEI WEI ASIAN DINER 1021 N. ELMHURST ROAD. Said list is as
follows:
Five (5)
Class P -1 License
Seven (7)
Class P -2 Licenses
Three (3)
Class P -3 Licenses
Zero (0)
Class P -4 Licenses
Zero (0)
Class P -5 License
Thirteen (13)
Class F -1 License
Nine (9)
Class F -2 License
Sixteen (16)
Class F -3 License
One (1)
Class F -4 License
Three (3)
Class F -5 License
Two (2)
Class F -6 License
One (1)
Class S -1 License
One (1)
Class S -2 Licenses
Three (3)
Class S- 31-icenses
One (1)
Class S- 41-icense
One (1)
Class S -5 License (with conditions as
attached to License)
SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and
publication in pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of , 2011.
Mayor
ATTEST:
Village Clerk
Class Establishment Number
P1 Balzano Liquors; Gold Eagle Liquors; Jay Liquors; 5
Mt. Prospect Liquors; D &H Liquors
P2 Costco; Dominick's; Fiesta Market, Garden Fresh Market 7
Osco Drug Store, CVS Pharmacy, Wal- Mart#1681
P3 Aldi; Walgreens #00209 (Kensington); Walgreens #05107 (Elmhurst) 3
P -4 0
P5 0
F -1 Chipotle Mexican Grill; Chungkiwa Restaurant; Cuisine of India; Fellini; 13
House of Szechwan; Izakaya Sankyu; Las Islas Marias; LePeep Cafe;
Little America; New Pusan Restaurant; Sakura; Torishin; Taqueria Los Arcos
F -2 Arnie Salerno's Pizzeria; Avanti Cafe and Sandwich Bar; Frankie's Fast Food; 9
Mr. Beef & Pizza; Photo's Hot Dogs; Panzano's Pizza, Pasta & More;
Pei Wei Asian Diner, Sankalp, Tortas Locas
F -3 Bar Louie; Blues Bar, Bogie's Ale House; Buffalo Wild Wings Grill and Bar; 17
Canta Napoli; Dae Jang Kum; El Sombrero;
Jake's Pizza; Jameson's Charhouse; Kampai; Mariscos El Veneno;
Mina Restaurant; Mrs. P & Me; Pap's Grill & Bar;
Retro Bistro; Rokudenashi; Sam's Place;
F -4 Prospect Moose Lodge 1
F -5 Bristol Court Banquet Hall; Emerald Banquets; Victoria in the Park 3
F -6 Mt. Prospect Park District -Golf Course 2
Prospect Heights Park District
S -1 Holiday Inn - Randhurst Banquet Hall, 1
S -2 Brunswick Zone 1
S -3 Lety's Sport Bar & Grill; Moretti's; Ye Olde Town Inn 3
S -4 Vino 100 1
S -5 Nina 1
67
MAYOR V Mount Prospe
Irvana K. Wilks
TRUSTEES
Paul Wm. Hoefert
Arlene A. Juracek
A.John Korn
John J. Matuszak
Steven S. Polit
Michael A. Zadel
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
TO: MAYOR IRVANA K. WILKS AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: JANUARY 26, 2011
SUBJECT: SANKALP RESTAURANT (FORMERLY QUIZINO'S),
1014 S. ELMHURST ROAD
REQUEST FOR CLASS "F2" LIQUOR LICENSE
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392 -6000
Fax: 847/392 -6022
TDD: 847/392 -6064
zuww mountprospect.org
On Friday, January 21, 2011, the Village Manager met with Messrs. Chetan Patel, Vishun Patel
and Narshibbai Patel regarding Mr. Chetan Patel's request for the creation of a new Class "72"
Liquor License for the above - referenced restaurant. The "F2" designation provides for the
service of beer and wine at tables only. Mr. Patel owns the regional rights for this Indian
franchise and the Mount Prospect location will be the first in Illinois.
Messrs. Patel currently own several Subway restaurants, however, Sankalp will be their first
restaurant with alcohol service. The theme for the restaurant will be "Southern Indian fast food ".
The total building square footage is 1,600 square feet with an estimated 15 tables. The
restaurant will be open seven days a week Sunday through Thursday from 10:00 a.m. to 10:00
p.m. and until 11:00 p.m. on Friday and Saturday.
The Village Manager discussed at length with the applicants the Village's particular sensitivity to
the sale of alcohol to minors and over service to clearly intoxicated individuals. The Village
Manager also indicated that the applicants were responsible for the actions of all employees
and managers. Mr. Janonis also covered the Village's Fight Ordinance requirements. Messrs.
Patel all indicated that they have completed a certified liquor servers' course as a condition of
issuing the license.
A completed application as well as all other required documentation is on file. Messrs. Patel all
have submitted to background checks and fingerprints in association with the Sankalp liquor
license. As required by the Liquor Code all managers and individuals involved with the sale and
service of alcohol must complete a certified liquor servers training course. If the Village Board
views this application favorably, an Ordinance creating a new Class "72" License would need to
be adopted.
NIS
MEJ /dj
Class Establishment Number
P1 Balzano Liquors; Gold Eagle Liquors; Jay Liquors, 5
Mt. Prospect Liquors; D &H Liquors
P2 Costco; Dominick's; Fiesta Market, Garden Fresh Market 7
Osco Drug Store, CVS Pharmacy; Wal- Mart#1681
P3 Aldi; Walgreens #00209 (Kensington); Walgreens #05107 (Elmhurst) 3
P -4 0
P5 0
F -1 Chipotle Mexican Grill; Chungkiwa Restaurant; Cuisine of India; Fellini; 13
House of Szechwan; Izakaya Sankyu; Las Islas Marias; LePeep Cafe;
Little America; New Pusan Restaurant; Sakura; Torishin; Taqueria Los Arcos
F -2 Arnie Salerno's Pizzeria; Avanti Cafe and Sandwich Bar; Frankie's Fast Food; 8
Mr. Beef & Pizza; Photo's Hot Dogs; Panzano's Pizza, Pasta & More;
Sankalp, Tortas Locas
F -3 Bar Louie; Blues Bar, Bogie's Ale House; Buffalo Wild Wings Grill and Bar; 17
Canta Napoli; Dae Jang Kum; El Sombrero;
Jake's Pizza; Jameson's Charhouse; Kampai; Mariscos El Veneno;
Mina Restaurant; Mrs. P & Me; Pap's Grill & Bar;
Retro Bistro; Rokudenashi; Sam's Place;
F -4 Prospect Moose Lodge 1
F -5 Bristol Court Banquet Hall; Emerald Banquets; Victoria in the Park 3
F -6 Mt. Prospect Park District -Golf Course 2
Prospect Heights Park District
S -1 Holiday Inn - Randhurst Banquet Hall, 1
S -2 Brunswick Zone 1
S -3 Lety's Sport Bar & Grill; Moretti's; Ye Olde Town Inn 3
S -4 Vino 100 1
S -5 Nina 1
66