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Fire and Police Commission Minutes 2001 09-24-01t UNITED CITY OF YORKVILLE FIRE & POLICE COMMISSION MEETING MINUTES Monday, September 24, 2001 Chairman Johnson called the meeting to order at 6:30 PM, and asked for roll call. The recording secretary called the roll: Chairman Johnson Present Margie Putzler Present Jim Jensen Present Commissioner Putzler moved and Commissioner Jensen seconded to table approval of the minutes of September 10th until the meeting of October 1, 2001. Commissioner Putzler stated that they could get an outside typist to prepare the Rules & Regulations if needed. UNFINISHED BUSINESS: Establishing the Rules & Regulations CHAPTER 6 Hearing of Charges Chairman, Commissioner Johnson stated that these hearings are not common law,they cannot appeal the Commissions decision. It can however go to litigation. A,B,C & D are all OK. E is calling for a hearing. Commissioner Jensen stated that any suspension of 5 days or more that is appealed will come to the Commission. F. Commission. Preponderance of Evidence. G. Probationary Employees are not entitled to the protection afforded other officers. H. Chairman, Commissioner Johnson stated he has a questions on whether this is a portion of the hearing, and felt page 20, Letter G from Villa Park was how this should read. Commissioner Jensen stated he would like it to state that at the time & place the Commission will be represented by counsel. Commissioner Putzler stated this option should be left open, and not locked in so the Commission can go either way. Chairman, Commissioner Johnson stated the Commission should decide on a case by case basis. I is fine as written. All agreed it was OK J. is also OK. 1 r Chairman, Commissioner Johnson stated that regarding item K. The transcription would be at the cost of any party that requested it, but the Commission shall bear the cost to transcribe, and the Hearing Officer would do the Swear In of witnesses. M. All agreed this is OK as is. SECTION 2 - Hearing Procedure a) Commissioner Putzler asked if the re is a deadline for filing a complaint. Commissioner Jensen stated we can come back to this if we find it farther on in the text. b), c), d), e), are all OK f) Commissioner Jensen stated he didn't like this "At the Hearing". Commissioner Putzler stated we have 48 hours or we can ask for a continuance. The motion or objection to the sufficiency of the charges must be made within 48 hours of the hearing before the board. SECTION 3 - Subpoenas a) &b) are OK. SECTION 4 - OK SECTION 5 - OK SECTION 6 -OK SECTION 7 -OK All agreed these are OK. Commissioner Putzler asked to return to Counsel. All agreed to return to I: And that it should read: All Parties may have legal representation. SECTION 8 Suspension a), b) are OK c), Questions for the labor attorney are: 1.How many days can an employee be suspended. 2.The Commission has 30 days "Is that inclusive of time past". SECTION 9 Discharge or Suspension after Hearing a) OK 2 b) The Board shall within 15 days after hearing is completed enter its findings on the records of the Board. SECTION 10 Date of Hearing SECTION 11: OK SECTION 12 : OK SECTION 13: OK SECTION 14: OK CHAPTER VII - General SECTIONS 1, 2, 3, ARE OK SECTION 4 OK. Ask a general question of the labor attorney :"Does a leave have a reason to be considered by the Commission". SECTION 5 - Change#5 to Resignations. Change Chapter 6, Section 6 from Villa Park. SECTION 6 - Change to Political Contributions to Section 6 & leave as is. Commissioner Jensen stated Villa Park goes into an Efficiency Report under Probationary Period. Commissioner Putzler stated the Chief can fire them, so why add this. Chairman, Commissioner Johnson stated we don't need this. Replace with Section 12 of Villa Park as Section 12 of our Rules/Conflict on our page 19. Commissioner Jensen stated he would type in corrections and additions. Commissioner Putzler stated we should be able to get this on disc. Chairman, Commissioner Johnson stated the next meeting would be next Monday, October 1, 2001 at 6:30 PM. We will update for finalizing Rules & Regulations. Chairman, Commissioner Johnson stated he would entertain a motion to adjourn. Commissioner Putzler moved and Commissioner Jensen seconded to adjourn. On a voice vote all members present voting yes. Motion carried. Meeting adjourned at 8:35 PM Minutes by Sandy Marker 3