Fire and Police Commission Packet 2007 07-25-07 'fou CI `d-
��� H �� United City of Yorkville
' 800 Game Farm Road
ER 18X Yorkville, Illinois 60560
Telephone: 630-553-4350
PA Fax: 630-553-7575
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BOARD OF FIRE & POLICE C0NMUSSION MEETING
AGENDA
Wednesday, July 25, 2007
Police Department Conference Room
7:00 p.m.
Meeting Call to Order:
Roll Call:
Previous Meeting Minutes (Corrections/Approval):
Communications:
Bills for Payment:
Unfinished Business:
New Business:
Old Business:
1. Review Rules of Fire and Police Commission
Executive Session:
1. For the appointment, employment, compensation, discipline, performance, or
dismissal of specific employees of the public body or legal counsel for the
public body, including hearing testimony on a complaint lodged against an
employee of the public body or against legal counsel for the public body to
determine its validity.
Additional Business:
Adjournment:
DRAFT
RULES AND REGULATIONS
OF THE
BOARD OF FIRE AND POLICE COMMISSIONERS
UNITED CITY OF YORKVILLE
STATE OF ILLINOIS
ADOPTED:
i
REVISED:
PUBLISHED:
Put public notice here...
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TABLE OF CONTENTS
CHAPTER I...................ADMINISTRATION................................................................ 1
CHAPTER II.................APPLICATIONS ......................................................................3
CHAPTER III ...............EXAMINATIONS.....................................................................5
CHAPTER IV................PROMOTIONAL EXAMINATIONS..................................... 10
CHAPTER V.................ORDER OF RANK, CLASSIFICATION AND OATH
OFOFFICE............................................................................... It
CHAPTER VI................HEARING OF CHARGES,REMOVALS,
SUSPENSIONS AND DISCHARGES.................................... 12
CHAPTER VII..............GENERAL................................................................................. 17
RULES AND REGULATIONS
OF THE
BOARD OF POLICE COMMISSIONERS
OF THE
UNITED CITY OF YORKVILLE
STATE OF ILLINOIS
As adopted by the Board of Police Commissioners of the United City of Yorkville, Illinois,
effective
CHAPTER l —ADMINISTRATION
SECTION 1 —SOURCE OF AUTHORITY.
The Board of Police Commissioners of the United City of Yorkville, Illinois derives its power
and authority from an Act of the General Assembly entitled, "Division 2.1 Board of Police
Commissioners", of Chapter 65 ILCS 5110-2.1-1 as amended from time to time and by ordinance
of the City Council of the United City of Yorkville.
SECTION 2—DEFINITIONS.
The word"Commission" and/or"Board"wherever used shall mean the Board of Police
Commissioners of the United City of Yorkville, Illinois. The word"Officer"shall mean any
person holding a permanent office in the Police Department of the United City of Yorkville,
Illinois. The masculine noun or pronoun includes the feminine. The singular includes the plural
and the plural the singular.
SECTION 3—OFFICERS OF BOARD AND THEIR DUTIES.
The Board shall annually, at its first meeting in May elect a Chairman and a Secretary. They
shall hold office until the end of the fiscal year of the municipality and until their successors are
duly elected and qualified. The Chairman shall be the presiding officer at all meetings. The
Secretary shall keep the Minutes of all meetings in a permanent record book. The Secretary shall
be the custodian of all the forms, papers,books,records and completed examinations of the
Board.
SECTION 4—MEETINGS.
(a) Regular meetings shall be held quarterly. Notice shall be posted and meetings
shall be open to the public.
(b) Special meetings shall be open,notice thereof to be posted forty-eight (48) hours
prior to convening, called by the filing of a notice in writing with the Secretary of
the Board and signed either by the Chairman of the Board or any two members
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thereof. This notice shall contain a brief statement of the business to be submitted
for the consideration of the Board at such special meetings, and shall set forth the
time and place of such special meeting, and 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. Closed sessions may be limited to Board members and such invited
persons as the Board may deem necessary. The Secretary or designee will record
the motion to close the meeting, record the roll call vote of the members on said
motion and keep minutes of the closed session.
(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,
120/1-12015.
SECTION 5—QUORUM.
A majority of the members of the Board shall constitute a quorum for the conduct of all business.
SECTION 6—ORDER OF BUSINESS.
The order of business at any meeting shall be:
a) Call to order
b) Roll Call
c) Approval of Minutes
d) Bill Listing
e) Communications
f) Unfinished Business
g) New Business
h) Adjournment
SECTION 7—PROCEDURE.
The parliamentary procedure prescribed in Robert's "Rules of Order" shall be followed as far as
applicable.
SECTION 8—AMENDMENTS.
Amendments to the rules of the Board may be made at any meeting of the Board. All
amendments shall forthwith be printed for distribution and notice shall be given of the place or
places where said rules may be obtained. Such notice shall be published in a newspaper of
general circulation in the United City of Yorkville. The notice shall specify the date, not less
than 10 days subsequent to the date of such publication, when rules shall go into effect.
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SECTION 9—ANNUAL REPORT AND BUDGET REQUEST.
The Board shall submit an Annual Report of its activities as required by 5/10-2.1 — 19 of the
Board of Police Commissioners Act, and a Budget Request for the ensuing year, as required by
local ordinance and the aforementioned 5/10-2.1 — 19.
CHAPTER II—APPLICATIONS
SECTION 1 —RESIDENCE.
Applicants for examination must be citizens of the United States.
SECTION 2—APPLICATION BLANKS.
Applications for a position shall be filed upon blank forms furnished by the Commission, and
applicants must comply with the requirements of said form in every respect. The application
must be filed with the Board on or before the deadline specified by the Board.
Every applicant must be of good moral character, of temperate habits, of sound health and must
be physically able to perform the duties of the position applied for. The burden of establishing
these facts rests upon the applicant.
The applicant shall furnish with his application a copy of his Military Service Record, Discharge
Papers, Social Security Card, Valid Drivers License, Birth Certificate, High School Diploma or
G.E.D. Certificate, a copy of his College or University Degree and, if requested, a copy of a
certified transcript of his course work from an accredited College or University.
A false statement knowingly made by a person on an application for examination shall be
regarded as cause for exclusion from the examination.
The Board may provide by motion, prior to applications being made available, for a non-
refundable fee to be paid by applicants at the time of application submission, or at such other
time as the Board may determine and is consistent with the Laws of the State of Illinois.
SECTION 3—DISQUALIFICATION.
The Board may refuse to examine an applicant or after examination, to certify him as eligible:
a) Who is found lacking in any of the established preliminary requirements for the
service for which he or she applies.
b) Who is physically unable to perform the duties of the position to which he or she
seeks appointment, with or without reasonable accommodation.
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c) Who is currently engaging in the illegal use of drugs or whose abuse of alcohol is
inconsistent with the performance of the essential functions of the position
applied for.
d) Who has been convicted of a felony or any misdemeanor involving moral
turpitude, as specified in 5110-2.10-6 of the Board of Police Commissioners Act.
e) Who has been dismissed from any public service for good cause.
f) Who has attempted to practice any deception or fraud in his or her application.
g) Who may be found disqualified in personal qualifications or health.
h) Whose character and employment references are unsatisfactory.
i) Who does not possess a high school education or its equivalent.
j) Who has applied for a position as a police officer and is or has been classified by
his or her Local Selective Service Draft Board as a conscientious objector.
k) Who, if applying for a position as a police officer does not possess afl-4sseeiate4
Degree iff law eftfarreemeM or-e4minal justiee or-related— -field— sas determined by
the Board, or-a Badheler-'s Degree, in any field, from an aeer-edited Gemmwtity
College, Gellege or-Univer-sit high school diploma or an equivalent high school
education.
1) Who does not posses a valid driver's license.
Any applicant, or eligible, deemed disqualified hereunder, shall be notified by the Board.
SECTION 4--DEFECTIVE APPLICATIONS.
Defective applications shall be returned to the applicant for correction,provided the applicant is
not otherwise disqualified for the position sought.
SECTION 5-AGE REQUIREMENTS.
Applicants shall be under 35 years of age, at the time of application and at such time as the final
eligibility list is posted, unless exempt from such age limitation as provided in Section 5110-2.1-6
of the Police commissioner's Act. Applicants, at such time as they file their application with this
board,must be 21 years of age. Proof of birth date will be required at time of application.
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SECTION 6—NOTICE OF ACCEPTANCE.
The Secretary will notify all applicants whose applications have been accepted by the Board to
be present for orientation and subsequent examination with an executed Physicians Certificate
that they are physically capable of participating in a strenuous "Physical Aptitude Test."
SECTION 7—RELEASE OF LIABILITY.
All applicants shall execute and deliver to the Board a release of all liability as the result of
taking a"Physical Aptitude Test"in favor of the United City of Yorkville on a form to be
prescribed by the Board.
CHAPTER III— EXAMINATIONS
ORIGINAL APPOINTMENTS
SECTION 1—NOTICE OF EXAMINATIONS.
Examinations shall be held on the dates fixed by the Board. Notice of the time and place of
every examination shall be given by the board at least two weeks proceeding the examination
and advertised in a local paper in accordance with the Statutes of the State of Illinois.
Examinations may be postponed, however,by order of the Commission, which order shall state
the reason for such postponement and shall designate a new date for said examination.
Applicants shall be notified of the postponement of any examination and of the new date fixed
for said examination.
SECTION 2—EXAMINATIONS.
The Board shall call examinations to fill vacancies in the class of service in which vacancies are
liable to occur. A call for such examination shall be entered in the Minutes of the Board and
shall include a statement of:
a) The time and place where such examination will be held.
b) The location where applications may be obtained and the date by which
applications must be returned to the Board.
c) The position to be filled from the resulting eligibility list.
SECTION 3—TYPE OF EXAMINATIONS.
Applicants must attend the orientation program sponsored by the Board. In addition, applicants
may be required to participate in a physical aptitude test, written and oral examinations as
determined by the Board and as more particularly set forth in 4 below. No examination shall
contain questions regarding applicant's political or religious opinions or affiliations.
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SECTION 4—EXAMINATIONS—MINIMUM GRADE.
The following examinations may be conducted by the Board. The sequence of testing may vary
at the discretion of the Board. Failure to achieve the minimum passing grade in any examination
disqualifies the applicant from any further participation. Each weighted component of the
examination process shall be based upon a scale of 1 to 100.
Examinations % of Total Grade Minimum Passing
Orientation - Pass or Fail
Physical Aptitude Pass or Fail
Written Test 40%
Oral Test(Interview) 60%
Psychological Examination - Pass or Fail
Background Investigation Pass or Fail
Medical Examination Pass or Fail
*To be announced by the Board prior to conducting the examination and may vary based
upon the examination or the testing agency used by the Board.
Note: To any person who is entitled to military, educational or law enforcement
preference points whose name appears on the register of eligibles, the Board shall add
five(5)points (Sections 510-2.1-8 and 5110-2.1-9)upon request of applicant, supporting
documentation must accompany request. Such preference points shall not be cumulative.
SECTION 5—ORIGINAL APPOINTMENT—ORIENTATION.
All applicants shall attend the original appointment orientation and failing to do so, shall be
disqualified from further consideration. At the orientation, applicants shall advise the Board, by
proper form, of any disability requiring accommodation in order to participate in the application
or testing process. At that time the applicant shall adequately document the need for an
accommodation in the making of the request. The application form shall advise the Board of the
need for such accommodation. Upon receipt of such a request, the Board shall determine, in
accordance with the provisions of the Americans with Disabilities Act, whether or not an
accommodation is appropriate, and may consult counsel to advise it in connection with such a
request. Applicants shall be prepared to specify what accommodations they desire or think
necessary.
SECTION 6—ORIGINAL APPOINTMENT—PHYSICAL APTITUDE TEST.
All applicants may be required to submit themselves to a physical aptitude test. If a physical
aptitude test is given, only candidates who have participated in the"Physical Aptitude Test"will
be permitted to participate in the written examination.
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SECTION 7—ORIGINAL APPOINTMENT—WRITTEN EXAMINATIONS.
Information as to the type of written examination employed by the Board will be provided as part
of the orientation program. All examination papers shall be and remain the property of the
Board and the grading there of by the Board shall be final and conclusive and not subject to
review by any other board or tribunal of any kind or description. Candidates who fail to achieve
a passing grade will be notified and eliminated from all further consideration. All examinations,
examination papers and other materials shall not be public records, nor shall they be made
available to the applicant except upon direct order of a court of competent jurisdiction.
SECTION 8—ORIGINAL APPOINTMENT—ORAL EXAMINATION.
All Commissioners shall participate in the Oral Examination except wherein one Commissioner
is absent due to illness or when matters of an emergency nature preclude his attendance. In no
event shall less than a majority of the Commissioners conduct the Oral. Questions shall be asked
of the Candidate that will enable the Commissioners to properly evaluate and grade the
Candidate on speech, alertness, ability to communicate,judgment, emotional stability, self-
confidence, social skill and general fitness for the position. On completion of each Oral
examination the Commissioners will discuss the Candidate's abilities using the traits listed
above. Candidates who fail to successfully complete the Oral examination will be notified and
eliminated from all further consideration.
SECTION 9—INITIAL ELIGIBILITY REGISTER.
a) The Commissioners will prepare an"Initial Eligibility Register"of the Candidates
successfully completing the orientation, written test, physical aptitude test and
oral interview. Candidates shall be placed on the eligibility list in order of their
relative excellence as determined by their test scores. The score for this register
shall be determined by adding 40%of the score obtained in the written test with
60% of the score obtained in the oral examination. Applicants will be listed in
order of excellence based on their final weighted score,without reference to
priority of time of examination.
This register is subject to change with the addition of any claimed preference
points as prescribed in 5110-2.1-8 and 5110-2.1-9 (a) and (b) of the Act.
b) A dated copy of the Initial Eligibility Register shall be sent to each person
appearing thereon within 60 days after each examination.
Candidates who are eligible for veteran, educational or law enforcement
certification preference points, shall make a claim in writing with proof thereof
within ten(10) days after the date of the eligibility list or such claim shall be
deemed waived. This initial eligibility register shall be posted at the police
department and city hall.
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SECTION 10—FINAL ELIGIBILITY REGISTER.
a) The Commissioners will prepare a"Final Eligibility Register" which shall include
claimed preference points. In the event of a tie score,the placement of the tied
candidates names on the eligibility list shall be determined by lot, in the presence
of a quorum of the Board in whatever manner the Board deems appropriate.
b) A dated copy of the Final Eligibility Register shall be sent to each person
appearing thereon. This copy shall include the date two (2) years hence when the
person's name will be stricken from the register. The final eligibility register
shall be posted at the police department and City Hall.
C) Applicants shall be appointed from the eligibility list in descending order.
Notwithstanding anything to the contrary contained within these rules an
regulations,the Board may, at its discretion, choose to appoint an applicant 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.
d) Appointment from this Final Eligibility Register is subject to satisfactorily
passing a background investigation(including polygraph). Upon successful
completion of the Background Investigation, a conditional offer of employment
will be issued to an applicant, subject to satisfactorily passing an in-depth
Psychological Examination, and a thorough Medical Examination(which may
include a test of the applicant's vision, hearing, for the presence of communicable
diseases as well as a test to screen for the use of drugs and/or narcotics). Unless
otherwise exempt, applicants must be under 35 years of age at such time as the
final eligibility list is posted.
e) Notwithstanding anything to the contrary contained within these rules and
regulations,the Board in its discretion may from time to time conduct
examinations for original appointments and offer any candidates on the Final
Eligibility Register the choice of retaining their current scores or retesting in the
same manner as other candidates. Candidates will be listed in the order of
excellence based on their final weighted scores and any preference points, without
reference to priority of time of examinations.
SECTION 11 —PROFESSIONAL EXAMINATIONS AND TESTS.
a) Each applicant for original appointment shall submit to a Psychological
Examination by such psychologist or psychiatrist as the Board may designate
after a conditional offer of employment is made. Such examination shall be
without expense to the applicant. Failure of the applicant to take or successfully
complete such test shall eliminate him from further consideration.
b) Each eligible applicant must submit to finger printing by the police department at
the time of application, and be subsequently cleared by a background check prior
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to certification for appointment. The applicant must also successfully pass and
complete a background investigation including polygraph test prior to a
conditional offer of appointment or employment being made. Each candidate
shall cooperate fully and completely with each and every investigative/examining
entity. Failure to successfully complete and pass the background investigation
shall eliminate the candidates name from the eligibility roster and from any
further consideration.
C) Medical examinations shall be performed by a licensed physician after a
conditional offer of employment is made.
d) Visual examination shall be performed by a licensed optometrist or
ophthalmologist after a conditional offer of employment is made.
SECTION 12—PROBATIONARY APPOINTMENT.
a) All vacancies in the Police Department shall be tilled by individuals from the
Final Eligibility Register in the order in which their names appear on the register
and having met all requirements previously listed. Pursuant to Section 10c above,
the Board may choose to appoint certified applicants ahead of non-certified
applicants.
b) All original appointments to the police department shall be for a probationary
period of twelve (12) months. All original appointments to the shall be for a
period of twelve (12) months to permit satisfactory completion of paramedic
training. The probationary period of a newly appointed police officer shall
commence as of the first date said individual reports for work with the
department.
c) Any person whose name appears on the Final Eligibility Register may decline
appointment. It shall be the option of the Board to strike from or maintain upon
the register the name of such candidate without otherwise altering the candidate's
original position on the Final Eligibility Register.
d) Probationary employees may be summarily dismissed by the Board and are not
entitled to the protection afforded to other full-time officers by statute or these
rule.
,SECTION 13—CERTIFICATION.
Final certification of probationary Police Officers shall be subject to successful completion of the
Basic Training Course, as mandated by the State of Illinois,within the prescribed probationary
period. Inability to successfully complete this course shall be grounds for dismissal.
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CHAPTER IV— PROMOTIONAL EXAMINATIONS
SECTION 1 —GENERAL.
The Board,by its rules, shall provide for promotion in the Police Departments on the basis of
ascertained merit and seniority in service and examination, and shall provide in all cases, where
it is practicable, that vacancies shall be filled by promotion. All examinations for promotion
shall be competitive among such members of the next lower rank as desire to submit themselves
to examination. Candidates for promotion from an entry level position must have completed
their probationary period as a full-time member of the United City of Yorkville Police
Department prior to the date scheduled for the written examination. Exceptions will be made to
this in the event no qualified candidates are determined from the examination process. All
promotions shall be made from the three(3) individuals having the highest rating, and where
there are less than three(3)names on the promotional eligibility register, as originally posted, or
remaining thereon after appointments have been made therefrom, appointments to fill existing
vacancies shall be made from those names or the name remaining on the promotional register.
The method of examination and the rules governing examinations for promotion are specified
below. The Board shall strike off the names of candidates for promotional appointment after
they have remained thereon for more than three(3) years, provided there is no vacancy existing
which can be filled from the promotional register. For the purpose of determining that a vacancy
exists, the Board must have received notice from the appropriate corporate authorities to fill an
existing vacancy prior to the date the name(s) are to be stricken from a promotional eligibility
register. Each weighted component of the examination process shall be based upon a scale of 1
to 100.
a) The final Promotional Examination score shall be determined as follows:
Examination Weight Passing Grade
Written Test 40%
Oral Interview/Assessment Center 50%
Departmental Merit and Efficiency 10% N/A
(Based on scale of 1-10) Maximum of 10 points.
Based on previous 12 months of service.
*To be announced by the Board prior to conducting the examination and may
vary based upon the examination or the testing agency used by the board.
b) In the event no candidate from the immediate next lower rank qualifies for
promotion, the Board in determining next in order of rank in promotional
examinations herewith determines a policy of extending the examination
successively through all the orders of rank in the services in an endeavor to
qualify suitable eligible or eligibles for the vacancy or vacancies existing before
extending the examination to qualified candidates.
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c) Candidates who are otherwise qualified and have timely requested credit for prior
military service, shall be granted veterans preference points as provided by state
statute.
SECTION 2—PROMOTIONAL ELIGIBILITY REGISTER.
The Commission shall maintain and post Promotional Eligibility Registers for each promotional
position in the Police Department. The names of all applicants for promotion shall be placed on
the Promotional Eligibility Register for the position to which appointment is Eligibility Register
for the position to which appointment is sought, within sixty(60) days after the written test is
given. Names shall be placed on the Promotional Eligibility Registers in the order of the
applicants average rating scores. If two (2)or more applicants have the same average rating
score, then the applicant having the highest Merit rating shall be assigned the higher position. If
a tie still results, then the person with the highest test score shall be assigned the higher position.
If there is still a tie, then the Commission shall determine position by lot. The Commission shall
strike the name of any person who has been on a Promotional Eligibility Register for more than
three(3) years if there is no vacancy existing which can be filled from the Promotional
Eligibility Register.
Candidates who are otherwise qualified and have timely requested credit for prior military
service, shall be granted veterans preference points as provided by state statute.
Notwithstanding anything to the contrary contained within these rules and regulations, the Board
in its discretion may from time to time conduct promotional examinations(except when a current
promotional vacancy exists), and offer any candidates on the Final Eligibility Register the choice
of retaining their current scores or retesting in the same manner as the other candidates.
Candidates will be listed in the Final Promotional Eligibility Register in the order of excellence
based on their final weighted scores and any preference points, without reference to priority of
time of examination.
SECTION 3—PROMOTIONAL VACANCY.
Upon notice from the appropriate corporate authority that a promotional vacancy exists,the
Board shall select the individual to be promoted in the manner specified in Section 1 of this
Chapter IV.
CHAPTER V—ORDER OF RANK,CLASSIFICATION AND OATH OF OFFICE.
SECTION 1—RANK.
The order of rank in the Police Department shall be as provided by ordinance and municipal
budget.
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SECTION 2—CLASSIFICATION
The Board classifies such offices in the police departments for the purpose of establishing and
maintaining standards of examinations and promotions based upon job descriptions and
departmental regulations.
SECTION 3--OATH OF OFFICE.
Before entering duty, any person about to become a member of the Police Department, shall take
the following oath,before any person authorized to administer oaths in the State of Illinois:
"I , do solemnly swear or affirm that I will support the
Constitution of the United Sates, and the constitution of the State of Illinois, and that I will
faithfully discharge the duties of the office of according to the best
of my ability.
Signed
Subscribed and sworn to before me this day of_ , 20
NOTARY PUBLIC."
He shall enter into such bond in such amount as prescribed by the Ordinance.
CHAPTER VI —HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND
DISCHARGES
SECTION I—HEARING OF CHARGES.
a) Hearings before the Board are not common law proceedings. The provisions of
the"Code of Civil Procedure" do not apply to hearings before the Board.
b) "Counsel" as used herein means: One who has been admitted to the bar as an
attorney-at-law in this State.
C) No rehearing, reconsideration, modification, vacation, or alteration of a decision
of the Board shall be allowed.
d) "Cause"is some substantial shortcoming which renders continuance in
employment in some way detrimental to the discipline and efficiency of the public
service and something which the law and sound public opinion recognize as cause
for the officer no longer occupying his position. The right to determine what
constitutes cause is in the Board.
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e) The complainant or appellant initiating any proceedings which call for a hearing
before the Board shall have the burden of proof to establish by a preponderance of
the evidence that cause for discipline exists or that a suspension,previously
imposed by the Chief of a department, is unwarranted. Should the question of a
crime be involved, the rule of"reasonable doubt" shall not control.
f) The phrase"preponderance of evidence"is defined as the greater weight of the
evidence, that is to say, it rests with that evidence which, when fairly considered
produces the stronger impression, and has a greater weight, and is more
convincing as to its truth when weighed against the evidence in opposition
thereto.
g) Probationary employees may be summarily dismissed by the Board and are not
entitled to the protection afforded to other full-time officers by statute or these
rules.
h) All hearings shall be public unless the Board in its discretion determines to
conduct the hearing in closed session.
i) At the time and place of hearing, all parties may be represented by counsel, if they
so desire.
j) All proceedings before the Board during the conduct of the hearing shall be
recorded by a court reporter to be employed by the Board.
k) The records of all hearings will not be transcribed by the court reporter unless
requested to do so by the Board or any party of interest. Any party other than the
Board requesting the transcript shall bear the cost.
1) All witnesses shall be sworn prior to testifying and the matter will be decided by
the Board solely on evidence presented at the hearings.
m) The Board will first hear the witnesses either substantiating the charges which
have been made against the respondent or in support of an appeal brought by a
suspended fire fighter or police officer. Thereafter the other party may present
and examine those witnesses whom he desires the Board to hear. All parties shall
have the right to cross examine witnesses presented by the opposite part.
n) At its discretion, the Board may be represented and aided by its own counsel
during a hearing. This counsel may at times help articulate evidentiary and other
procedural rulings issued by the Board.
SECTION 2—HEARING PROCEDURE.
a) Complaints: In all cases, written complaints shall be filed in quintuple, setting
forth a plain and concise statement of the facts upon which the complaint is based.
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b) Probable Cause: The Board shall have the right to determine whether there is or
is not probable cause for hearing a complaint and may conduct such informal
hearings as may be necessary for such purpose.
C) Notification of Hearing: Upon the filing of a complaint in quintuple with the
Secretary of the Board, and the determination by the Board of probable cause for
entertaining said complaint, the Secretary of the Board shall notify both the
complainant and the respondent, either by registered or certified mail,return
receipt requested, or personally, of the time and place of the hearing of the
charges contained in the Complaint. The respondent shall also be served with a
copy of the Complaint, and if an Order of Suspension Pending a Hearing is
entered by the Board, the respondent, the complainant, the Chief of the
Department, the treasurer, comptroller,manager, or other finance officer of the
municipality shall be notified of the entry of such Order of Suspension Pending a
Hearing, and be served either personally or by registered or certified mail,return
receipt requested, with a copy of such Order.
d) Continuances: The matter of granting or refusing to grant a continuance of a
hearing is within the discretion of the Board.
e) Stipulations: Parties may, on their own behalf, or by Counsel, stipulate and
agree in writing, or on the record, as to evidenced guilt. The facts so stipulated
shall be considered as evidence in the proceeding.
In the event a respondent has been suspended pending a hearing and desires a
continuance, it shall also be stipulated and agreed that in the event said respondent
is to be retained in his position as a result of decision of the Board following a
hearing of the cause, then no compensation shall be paid to said respondent during
the period of said continuance.
f) Sufficiency of Charges-Objections To: Motions or objections to the sufficiency
of written charges must be filed or made within 48 hours of the hearing.
SECTION 3—SUBPOENAS.
a) Any party to an administrative hearing may, at any time before the hearing, make
application to the Board by filing with it a written request for subpoenas for any
individual to appear for a hearing or have them 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, subpoenas will be issued for the
named persons. Subpoenas may be served by any person 21 years of age or older
designated by the party requesting the subpoenas. Application for subpoenas
should contain the names and addresses of the individuals to be subpoenaed, and
the identity of any documents which they are to produce. Subpoenas will not be
issued for anyone residing outside of the State of Illinois.
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b) 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 such
hearing,provided,however, that the Board in its discretion may waive this rule.
SECTION 4—SERVICE.
All papers required by these"Rules and Regulations to be served 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 last known residence as reflected by the complaint
filed with the Board, except as herein otherwise provided. Proof of service of any paper may be
made by the certification of any person so mailing the paper or delivering the same to the
designated party personally, or by filing a return receipt showing that a paper was mailed,by
either registered or certified mail, return receipt requested, to a party's address where it was
received by a named party.
SECTION 5—FILING.
All papers may be filed with the Board by mailing them or delivering them personally to the
Secretary of the Board at the United City of Yorkville, Illinois. For the purpose of these Rules
and Regulations, the filing date of any paper shall be the date it was received in the Board's
Office, in the event the paper is delivered personally or by messenger. In the event a paper is
forwarded by mail, then the filing date shall be the date which is postmarked on the envelope of
such paper.
SECTION 6—FORMS OF PAPER
a) All papers filed in any proceeding shall be typewritten or printed and shall be on one
side of the paper only.
b) It typewritten, the lines shall be double spaced, except that long quotations may be
single spaced and indented.
c) All papers shall be not larger than 8 r/Z"by I I"with inside margins of not less than
one inch.
d) The original of all papers filed shall be signed in ink by the party filing the paper or
by an officer, agent, or attorney thereof and copies thereof provided the opposing
party or his counsel.
e) If papers are filed by an attorney,his name and address shall appear thereon.
SECTION 7—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,unless the last day is Sunday or is a holiday as defined or
fixed in any statute now or hereafter in force in the State, and then it shall also be excluded. If
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the day succeeding such Sunday or holiday is also a holiday or a Sunday then such succeeding
day shall also be excluded.
SECTION S—SUSPENSION.
a) The Board may suspend any member of the Police Department against whom
charges have been filed,pending a hearing of the charges by the Board, in
accordance with the terms of Section 10-2.1-17 of Chapter 65 of the Illinois
Compiled Statutes.
b) The Chief of the Police Department shall have the right to suspend any officer
under his command for a period not to exceed five (5) days, providing no charges
on the same offense have been filed and are pending before the Board, and he
shall notify the Board in writing within 24 hours of the time of such suspension.
Any police officer so suspended may appeal to the Board for a review of the
suspension within five(5) days after receiving notice of such suspension by filing
notice of such appeal in writing with the Secretary of the Board of Police
Commissioners. A hearing shall be had upon such appeal, and due notice given to
the Chief of the department who suspended such police officer, and to the
employee so suspended. The burden of establishing that a suspension is
unwarranted shall be upon the individual bringing the appeal.
c) Upon such appeal, the Board may sustain the action of the Chief of the
Department, may reverse it with instructions that the employee so suspended
receive his pay for the period involved, may suspend the employee for a period of
not more than thirty(30) days, or discharge him, depending on the evidence
presented.
SECTION 9—DISCHARGE OR SUSPENSION AFTER HEARING
a) Discharge from office, or suspension from service in the Police Department shall
be in compliance with the Police Commissioners Act of the State of Illinois,being
Division 2, Sections 5110-2.1-1 through 5110-2.1-30, inclusive, of Chapter 65 of
the Illinois Compiled Statutes.
b) The Board shall, within 5 days after the hearing is completed, enter its findings on
the records of the Board.
SECTION 10—DATE OF HEARING.
The time for the hearing of charges shall be set by the Board, within thirty(30) days of the time
of the filing of such charges. Continuances may be granted from time to time upon motion of
any party to the proceeding by order of the Board. This time limitation is not applicable to
hearings conducted to review suspensions of five(5) days or less imposed by a Chief of a
department on one of its members.
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SECTION 11 —FINDINGS AND DECISION
In case any member of the Police Department shall be found guilty of the charges filed against
him after a hearing by the Board,he may be removed, discharged, or suspended for a period not
exceeding thirty(30) days, without pay. Upon an appeal, the Board may sustain the action of the
Chief,may reverse it, in whole or in part, or may suspend the employee for an additional period
of not more than thirty(30) days or discharge him depending on the facts presented.
The findings and decision of the Board, following a hearing of charges, shall be preserved by the
Secretary, and notice of said findings and decision sent to the officer involved and the
department head for enforcement. If the finding or decision is that an officer or employee is
guilty of charges investigated, and removal or discharge is ordered, such order of removal or
discharge shall become effective forthwith. (See Section 9 of this Chapter VI).
SECTION 12—RULES—CONFLICT.
Any Chapters, Sections and or subsections of the foregoing rules for the operation of the Board
of Police Commissioners that are in conflict with the laws of the United States or the State of
Illinois, the ordinances of the United City of Yorkville, Illinois, or with any amendments thereto
which may hereafter be enacted are null and void. This,however, does not invalidate any other
Chapters, Sections and or Subsections of said rules.
SECTION 13—VIOLATION OF RULES.
All members of the Police Departments shall be subject to the regulations of such Department
and the Rules of the Board, and a violation of such rules or regulations may be cause for filing of
charges before the Board, a subsequent hearing and action by the Board on such charges.
SECTION 14—VIOLATION OF LAW.
Any violation of the laws of the municipality or state or federal law,by any member of the
Police Department of such municipality may be cause for the filing of charges against said
officer, except as herein otherwise provide.
CHAPTER VII—GENERAL
SECTION 1.
The Board shall have such other Powers and duties as are given it by the Statutes of the State of
Illinois or by ordinance.
SECTION 2.
Amendments to the rules of the Board may be made at any meeting of the Board. A notice shall
be published, in a newspaper of general circulation in the municipality, specifying where such
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Rules are available for inspection. The notice shall specify the date,not less than ten (10) days
subsequent to the date of such publication when said Rules shall become effective.
SECTION 3.—LEAVE OF ABSENCE.
Leaves of Absence shall be granted by reason of military service or duty-related disability as
specified in Illinois Compiled Statutes, Chapter 65, Section 5110-2.1-23. If a Leave of Absence
is granted by the Board during a probationary period, such probationary period shall be tolled
until the probationary employee returns from his leave of absence. Requests for reinstatement
from leave of absence shall be done in accordance with Illinois Compiled Statutes, Chapter 65,
Section 5110-2.1-24
SECTION 4.—RESIGNATION.
Any member of either the Police Department tending his resignation shall do so in writing to the
Board not less than fifteen(15) days prior to the effective date of said resignation. Thereupon
the Board shall either(1) immediately accept in writing the tendered resignation, or(2) conduct
such investigation as it deems appropriate prior to taking further action. All resignations and the
acceptances thereof shall be entered in the records of the Board.
SECTION 5.—POLITICAL CONTRIBUTIONS.
No person in the Police Departments of the United City of Yorkville, Illinois, shall be under any
obligation to contribute any funds to render any political service, and no such person shall do so
or be removed or otherwise prejudiced for refusing to do so. No person in the Police
Departments of the United City of Yorkville, Illinois, shall discharge or promote or reduce, or in
any manner change the official rank or compensation of any other person in such service, or
promise or threaten so to do, for withholding or refusing to make any contribution of money or
service or any other valuable thing for any political purpose, or in any other manner, directly or
indirectly, use his official authority or influence to compel or induce any other person to pay or
render any political assessment, subscription, contribution or service.
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