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Fire and Police Commission Minutes 2001 10-01-01r UNITED CITY OF YORKVILLE FIRE & POLICE COMMISSION MEETING MINUTES Monday, October 1, 2001 Chairman Johnson called the meeting to order at 6:30 PM, and asked for roll call. ROLL CALL: The recording secretary called the roll: Chairman Johnson Present Margie Putzler Present Jim Jensen Present Chief Martin Present A quorum was established. MINUTES Ms. Putzler motioned and Mr. Jensen seconded to table the minutes of September 10, 17, & 24, 2001 to the next meeting. On a voice vote all members present voting yes. Motion carried. COMMUNICATIONS: Chief Martin stated that the Employment Application he had submitted to Labor Attorney, Jim Powers was sent back with information to update the application and he will have a draft of this at the next meeting. Chairman, Commissioner Johnson asked if there was anything else. There was nothing more. BILLS FOR APPROVAL & PAYMENT: There were none. UNFINISHED BUSINESS: Commissioner Jensen stated he has distributed a draft of corrections, but he will have to try to find the specialized symbols used in the text in his computer. Additionally, regarding the statement "You must be a citizen" on the application they are now saying we should not have this. Chief Martin stated that this is probably going to change soon due to discrimination. Commissioner Putzler stated that both the attorney she works for, and City Attorney, Dan Kramer said we should leave it in, and let them test it. 1 Chairman, Commissioner Johnson stated let it stand until tested. Commissioner Jensen stated that under Chapter 3, Examinations we show the title in two ways. Physical Aptitude and Physical Agility. Chairman, Commissioner Johnson agreed stating in this area we have used these interchangeably. The Commission agreed to use " Physical Aptitude". with test based on pass or fail. Commissioner Jensen stated Section 1, letter B was a questions Commissioner Putzler stated the is should read "for completeness and accuracy". Commissioner Jensen stated Chapter 4 Promotional Examinations "Schedule for Written Examinations". Commissioner Putzler stated it is "If no on equalities an exception will be made". Commissioner Jensen stated Section 12 Findings and Decisions use Villa Park, "Foregoing" he couldn't read this. Chairman, Commissioner Johnson asked in regard to Section 4, what was the intent was unclear. It should read "the Secretary or designee will record the motion". Chairman, Commissioner Johnson asked if there was anything further. There was nothing. Chairman, Commissioner Johnson the next step is to have the labor attorney review. Commissioner Jensen stated he can update this right now and distribute copies. Chairman, Commissioner Johnson stated that getting this reviewed by the labor attorney will probably take two weeks. We will schedule the next meeting for Monday October 15, 2001 at 6:30 PM. We will have to announce the posting for Police Officer in open meeting by 11/1 we should be able to announce. Commissioner Putzler stated we all have questions for the attorney that we still need answers to. Chief Martin stated he would take them and send them with his letter to the labor attorney for answers. Chairman, Commissioner Johnson stated the next meeting for Monday October 15, 2001 at 6:30 PM with attorney comments. Chairman, Commissioner Johnson stated he would entertain a motion to adjourn. 2 1 Commissioner Jensen moved and Commissioner Putzler seconded to adjourn. On a voice vote all members present voting yes. Motion carried. Meeting adjourned at 7:55 PM Minutes by Sandy Marker 3 7D/ -71,1,t;4‘,A- RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS UNITED CITY OF YORKVILLE STATE OF ILLINOIS ADOPTED: REVISED: PUBLISHED: TABLE OF CONTENTS CHAPTER I -ADMINISTRATION 3 CHAPTER II - APPLICATIONS 5 CHAPTER III - EXAMINATIONS 7 CHAPTER IV - PROMOTIONAL EXAMINATIONS ..12 CHAPTER V - ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE 13 CHAPTER VI - HEARING OF CHARGES, REMOVALS, SUSPENSIONS AND DISCHARGES 14 CHAPTER VII - GENERAL 19 RULES AND REGULATIONS OF THE BOARD OF FIRE AND POLICE COMMISSIONERS OF THE UNITED CITY OF YORKVILLE STATE OF ILLINOIS As adopted by the Board of Fire and Police commissioners of the United City of Yorkville, Illinois, effective CHAPTER I —ADMINISTRATION SECTION 1 — SOURCE OF AUTHORITY. The Board of Fire and 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 Fire and Police Commissioners", of Chapter 65 ILCS 5/10-2.1-1 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 Fire and Police Commissioners of the United City of Yorkville, Illinois. The word"Officer" shall mean any person holding a permanent office in the Police or Fire 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 monthly. 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 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, 120/1-120/5. 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. 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 Fire and 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, 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. 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. c) Who is addicted to the use of illegal, non-prescription drugs or intoxicating liquors, as is proven by medical or testimony, evidence or legal drug and alcohol screening; or is found to have taken or used illegal non-prescription drugs or narcotics by a court of competent jurisdiction. d) Who has been convicted of a felony or any misdemeanor involving moral turpitude, as specified in 5/10-2.10-6 of the Board of Fire and 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 an Associate's Degree in law enforcement or criminal justice or equivalent as determined by the Board, or a Bachelor's Degree, in any field, from an accredited Community College, College or University. 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 5/10-2.1-6 of the Fire and 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. SECTION 6—VISION. Applicants for position of patrolman must have at least 20/50 binocular vision in each eye without glasses, 20/20 with glasses, color vision to distinguish reds and greens and must also be physically able to perform the duties of a police officer. SECTION 7—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 8 — 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 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. 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 65% Oral Test (Interview) 35% 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 5/0-2.1-8 and 5/10-2.1-9) upon request of applicant. Such preference points shall not be cumulative. Fire fighter/paramedic points shall be awarded in accordance with section 5/10-2.1-9(b) of the Act. SECTION 5— ORIGINAL APPOINTMENT— ORIENTATION. All applicants shall attend the original appointment orientation and failing to do so, shall be disqualified from further consideration. SECTION 6— ORIGINAL APPOINTMENT — PHYSICAL APTITUDE TEST. All applicants shall submit themselves to a valid and job related physical aptitude test, which shall be graded on a pass/fail basis. 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. SECTION S— 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 Candidates will be listed in order of excellence based on their final score. This register is subject to change with the addition of any claimed preference points as prescribed in 5/10-2.1-8 and 5/10-2.1-9 (a) and (b) of the Act. b) A dated copy of the Initial Eligibility Register shall be sent to each person appearing thereon. Candidates who are eligible for veteran, fire fighter/paramedic, 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. 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 of expiration of the register two (2) years hence. 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 an In-depth Psychological Examination, Background Investigation, 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. 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. 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 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. d) Visual examination shall be performed by a licensed optometrist or opthamologist. SECTION 12 —PROBATIONARY APPOINTMENT. a) All vacancies in the Police or Fire Department shall be filled 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 fire department shall be for a period of twelve (12) months to permit satisfactory completion of paramedic training. The probationary period of a newly appointed fire fighter or 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 or fire fighters by statute or these rule. SECTION 13 — CERTIFICATION. a) 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. b) Final certification of probationary Fire Fighter/Paramedics shall be subject to successful completion of the Certified Fire Fighter Basic Training Course as prescribed by the Illinois Fire Protection Personnel Standards and Education Board within the prescribed probationary period. Fire Fighters serving as paramedics shall also complete all course work and be certified as paramedics during their probationary period. Inability to successfully complete these courses shall be grounds for dismissal. CHAPTER IV—PROMOTIONAL EXAMINATIONS SECTION 1 — GENERAL. The Board, by its rules, shall provide for promotion in the Police and Fire 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 served as a full-time member of the United City of Yorkville Police or Fire Department for a minimum of three years 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 off 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% 70% Oral Interview/Assessment Center 35% Departmental Merit and Efficiency 20% N/A Based on scale of 1-10) Maximum of 10 points. Based on previous 12 months of service. Seniority 5% 1/2 of a point per year for each full year of service on the Yorkville Police or Fire Department up to a maximum of(10) points. 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. 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. 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. The order of rank in the Fire Department shall be as provided by ordinance and municipal budget. SECTION 2 - CLASSIFICATION The Board classifies such offices in the fire and 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 Fire or 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 1 -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 or fire fighter no longer occupying his position. The right to determine what constitutes cause is in the Board. 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 or fire fighters 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. 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. 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. 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 pAY• 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 '/2"by 11"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 the day succeeding such Sunday or holiday is also a holiday or a Sunday then such succeeding day shall also be excluded. SECTION 8— SUSPENSION. a) The Board may suspend any member of the Fire or Police Department against whom charges have been filed, pending a hearing of the charges by the Board, but not to exceed thirty(30) days, without pay, at any one time. b) The Chief of the Police or Fire Department shall have the right to suspend any officer or fire fighter 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 fire fighter or 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 Fire and Police Commissioners. A hearing shall be had upon such appeal, and due notice given to the Chief of the department who suspended such fire fighter or 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 or Fire Department shall be in compliance with the Fire and Police commissioners Act of the State of Illinois, being Division 2, Sections 5/10-2.1-1 through 5/10-2.1-30, 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. SECTION 11 -FINDINGS AND DECISION In case any member of the Fire or 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 finding and decision sent to the officer or fire fighter 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 the Fire and 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 and Fire 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 or Fire Department of such municipality may be cause for the filing of charges against said fire fighter or 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. Any Chapters, Sections and/or Subsections of the foregoing Rules for the operation of the Board that are in conflict with the State Statute or with any amendments thereto that may hereafter be enacted are null and void. This, however, does not invalidate any other Chapters, Sections and/or subsections of said Rules. SECTION 3. 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 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 4 — 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 5/10-2.1-23. 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. SECTION 5—RESIGNATION. Any member of either the Fire or 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 6—POLITICAL CONTRIBUTIONS. No person in the Police or Fire 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 Fire or 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.