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Fire and Police Commission Minutes 2001 10-29-01UNITED CITY OF YORKVILLE FIRE& POLICE COMMISSION MEETING Monday, October 29, 2001 The meeting was called to order by Commissioner Bob Johnson at 7:40 PM Roll Call: Members Present: Margie Putzler-Present Jim Jensen-Present Bob Johnson-Present A quorum was established. Welcome: Chief Martin, Mayor Prochaska, Attorney Jim Power from Seyfarth& Shaw Minutes for Approval: Commissioner Jensen moved to approve the minutes as presented for September 10. 2001, September 17. 2001 and September 24. 2001. Commissioner Putzler stated there are corrections needed to correct September 10th minutes on page three as follows: $20.00 additional per test. Commissioner Jensen amended the motion to approve as corrected. On a voice vote all members present voting aye. Motion carried. Communication: There is a reply from Seyfarth& Shaw, attorneys for the Commission. Bills for Payment: There are no bills presented for payment_ Unfinished Business: Commission Chairman Johnson they should continue to review the draft of the Rules and Regulations which was started at the last meeting. They have received responses to their questions from Attorney Kramer. 1.Can the Board sub-contract for grading tests? Yes. Attorney Kramer stated we can, but be sure the tests contains no subjective questions. Commissioner Jensen asked if the test would be chosen by Chief Martin. Chief Martin stated No, the test would be selected or guidance given by the Commission. Being sure the questions were only objective. Commission Chairman Johnson stated there should be no essay questions or anything of that nature. 1 2.Can the Police Chief sit in on the oral portion of the test. Yes, Attorney Kramer he can. Commission Chairman Johnson asked if Chief Martin wanted to sit-in on the oral portion of the tests. Chief Martin stated, yes to observe answers, but without any input. Commission Jensen asked if this was for new hires or for promotions. Attorney Powers stated this would be for new hires only, as the promotions would be up to the Commission. Commission Chairman Johnson stated that if he is present for any of them he would need to be there for all of them. Do they need to address the Fire portion of the Fire & Police Commission as named since there is no Yorkville Fire Department. Attorney Powers stated they can streamline for Police only. Commission Chairman Johnson stated we should omit any reference to "Fire" in the Rules and Regulations. Mayor Prochaska stated that when we prepared this we went per the statute to be sure it was all OK. Attorney Powers stated the City can amend the ordinance to include Police only. 4.Does allowance for military credit have to be service during an armed conflict. Attorney Posers stated No, there is no requirement for military conflict. This is the Civil Service Act that site this. The Fire & Police doesn't follow Civil Service. They can use military credit once at the time of hire, and then only once for a promotion. This is per the State Stature 10-2.1-11. They cannot use this credit after using it once for promotion. 5. Rules and Regulations should be readable to the applicants. 6. Number of days for a suspension(30 appears that it can be 60 days. 30 days plus 30 days) Attorney Powers stated this is generally 30 days, but can be that additional 30 to actually be 60 days. Some courts have recognized continuing suspension. The first district has more cases and are more persuasive. Look to the First when in doubt, but try to finish in 30 days. But, 60 is acceptable. 2 I Leave of Absence. Is this within the Commissions authority. Attorney Powers stated the Chief has the power to grant. There is no need to put this in the Rules & Regulations, but an officer could go to the Commission to extend beyond other limitations. Commission Putzler stated we can leave this out and address it if it comes up[. Commission Chairman Johnson stated we should leave it in, for sounding board purposes. Chief Martin stated he was happy with that. Attorney Powers was OK with this. Commission Chairman Johnson stated that completed the answers that were asked. Chief Martin stated that the Boiler Plate that they got from the Association cost $600. and it was only a copy. Commission Chairman Johnson asked if everyone was ready to start with the document itself Chapter 1. Section 4 - Meetings Commission Chairman Johnson asked if monthly or quarterly was better. Commissioner Jensen stated that Ad Hoc may be better. Commissioner Putzler stated that perhaps as needed would be better than Ad Hoc. Commission Chairman Johnson stated that they should meet at least quarterly. Commissioner Putzler stated that after it settles, as needed would be OK. Chief Martin stated they will hire 2 to 3 officers per year. Commission Chairman Johnson stated there will probably be lots of meetings. Commissioner Putzler agreed regular meetings should be set up on a quarterly basis. Chapter 2 - Section 1.U.S. Citizen Attorney Powers stated most boards require this, but we should remember the requirement not to discriminate. Most have the US Citizen requirement. Could re-word to say must have legal ability to work in US. Can't find any record of this being challenged. 3 Commissioner Putzler stated we should leave it in and deal with it is and when it is challenged. The Commissioners all agreed. Chapter 2, Section 3. Physical Agility stated applicants must run a limited length of time. but we have a legal obligation to accommodate. Commission Chairman Johnson stated the Americans with Disabilities is serious. and we should go with the attorney recommendations. Attorney Powers stated this should tie to an essential function of the position. Current illegal drug users are not protected under ADA. Chapter 2. Section 6 - Vision Commissioner Jensen stated that vision and minimum health requirements could adversely impact. Minorities cannot be adversely impacted. We would need to narrowly tailor to meet requirements of the job. We must come up with a minimum standard in accordance with EEOC. Can we use the Police Academy Standard. Is there a state standard? Attorney Powers stated he is not sure of a state standard, and needed to see what you are referencing here. Chief Martin stated he has a pamphlet Commissioner Jensen stated that lots of towns and counties use this. Attorney Powers stated he would check the Illinois Law Enforcement Training Standards Board. Using a sister community is not good enough for a source unless it is validated. Commissioner Putzler asked if they should omit addressing vision. Attorney Powers stated take this out for now. Commissioner Jensen stated this can be dropped in anytime in the next week or so until Attorney Powers finds an answer. Commission Chairman Johnson asked Chief Martin what his view is on this. Chief Martin stated it is not in the initial packet sent out. Attorney Powers stated if it is not in the Rules and Regulations you can play it. This could be found to be a disability of serious, or there could be un-corrected minimums without glasses. 4 Commission Chairman Johnson stated his initial thought is to take it out and amend if we come up with a standard we can validate. Commissioner Putzler stated she would ask this week end at the Fire &Police Commissioner's Seminar. Chief Martin stated perhaps this should be validated to be careful. Commission Chairman Johnson stated to push this back for an answer. Chapter 2m, Section 8 Release of Liability Attorney Powers stated this is smart to have, but be aware it may be un-enforceable. Commission Chairman Johnson stated he doesn't see a problem with keeping it in. Attorney Powers stated we should keep it in,just be aware. Commissioner Jensen asked if we should have voluntary in here. Attorney Powers stated that if they refuse to sign the waiver we are within our legal rights to refuse to allow them to test. Chapter 3, Section 1: Notice of Examinations All agreed to keep the portion stating "Notice of time and place of every examination shall be given to the Board at least 2 weeks proceeding the examination and to advertise locally per the state statute. Chapter 3, Section 5: Commission Chairman Johnson questioned the Commission as to leaving this as it is, or adding a sentence. He felt it should remain as stated. Attorney Powers stated that at orientation is the appropriate time to announce any disability & requirements. This should be given in packets and in the Rules & Regulations to put them on notice. Chief Martin stated this is a valve, if they don't sign they cannot go any farther in the process. Commission Chairman Johnson they wouldn't go any farther anyway if we charge $5.00 and they do not agree to the fee. Attorney Powers stated it has more enforceable as it has exchange value due to the fee. 5 Commission Chairman Johnson stated it may be to our advantage to charge a$5.00 or$10.00 fee, and asked what the Commission's views are on a fee. Commissioner Jensen stated he liked the fee, as we are trying to cover ourselves. Commissioner Putzler stated it didn't matter to her. Chief Martin stated he wanted what is best to protect the City, as another way to protect ourselves. Commission Chairman Johnson asked Attorney Powers to tell them how to word it. Attorney Powers stated he would work on this and roll it together with the application and have something in a day or so. Chapter 3: Section 7 Commission Chairman Johnson stated this needs an additional sentence to make sense. " All examinations, examination papers and other material shall not be public records, nor shall they be made available to the applicant, except upon direct order o f a court of competent jurisdiction. Commission Chairman Johnson asked about the 3 board members being present for the oral examinations. Commissioner Jensen stated due to his work he would need an out in an emergency. Commission Chairman Johnson if you care not there for one and then there for the next it wouldn't be a fair evaluation. If you cannot be there for one you should excuse yourself from any of the rest of the oral exams. Chapter 3, Section 9 Attorney Powers stated there should be a sentence added to explicitly set out "Applicants will be listed in order of excellence based on their final weighted score without reference to priority at the time of the exam. Sub-section B This needs to have an insertion stating "within 60 days or less requirement after the examination. Chapter 3, Section 11 6 Attorney Powers stated the response to medicals and examinations must come after a conditional offer of employment is made. Chapter 3. Section 11 All agreed to take out the entire section B, to delete a), leave the text as a paragraph just eliminate the a.) Chapter 6. Section 1 Hearing of Charges Attorney Powers stated here an "N" should be added to read " At it's discretion the Board may be represented and aided by it's own counsel during a hearing. This counsel may at times help articulate evidentiary and other procedural rulings issued by the Board". This would mean a separate attorney for the Chief, and the Fire & Police Commission. All agreed to add this. Chapter 6. Section 8: Suspension Attorney Powers stated this is linked to the State Statute in accordance with the terms of Section 10-2.1-17 of chapter 65 of the Illinois Compiled Statute. Chapter 6. Section 12 Retain this section, but take out Chapter 7, Section 2. Leave of Absence: Attorney Powers stated to leave as is and explain per the law by adding a sentence " An officer who has been on disability or military service shall make a request for re-instatement from his leave of absence in accordance with Illinois Compiled Statutes, 65, Section 5/10-2.1-24. Attorney Powers stated he felt the Rules and Regulations look to be in pretty good shape, but the Commission needs to decide on validation. Commission Chairman Johnson asked if they need to do this soon. Attorney Powers stated it should be pretty fast, but they could defer standards for medical and vision because the offer of employment will come later. Commission Chairman Johnson asked if the Chief had some one in mind for this. Chief Martin stated Standard & Associates. Commission Chairman Johnson asked if they pulled the medical exam form the internet could they validate it. Chief Martin stated what about the state. 7 Commission Chairman Johnson stated they might try the State Training Board. Chief Martin stated he would check with Alderman Kot as he works for the State Police. Commission Chairman Johnson stated he liked the idea of tying into the state. Attorney Powers state the Commission has to be prepared to answer what validation the exam has. Chief Martin stated that Standard& Associates would charge about$5000. to $10,000. to prepare specific standardized tests for the City of Yorkville. Commission Chairman Johnson stated he has a conflict for the next meeting date. Commissioner Jensen asked for clarification on promotional exams if two people test and neither of them pass. Attorney Powers stated Chapter 4 - Section B: The Board in next determination must go through the ranks. Commission Chairman Johnson stated they didn't want to open it to the general public, but he had thought about other departments. Attorney Powers stated the statute really doesn't provide for this. Commissioner Jensen stated there is a requirement for a Bachelor's Degree for Lieutenant. Chief Martin added "Or a Management Certificate", but what about the Employee Manual. Attorney Powers stated the Police Commission supersedes the Employee Manual. As a pre-requisite you need to put a pecking order into the Rules and Regulations. Add a section for an educational pre-requisite for categories. Commissioner Putzler moved and Commissioner Jensen seconded to adjourn. All members present voting yes. Motion carried. New Business: Additional Business: Adjournment: Meeting Adjourned at 9:30 PM Minutes by: Sandy Marker 8 UNITED CITY of YORKVILLE orig n 12-19-01 13: 09 RCVD•' County Seam of Kendall County 1117illi 800 Game Farm Rd. IYorkville, IL 60560L E 630-553-4350 NOEO o lY PotfCE- 9- We,We; the members of the ,RE Co, rr'.4.) Committee-have reviewed the draft of the minutes from the /o.-2 y', J/-7, //-i y meeting. t-- /2 -3 - 2oc / XWe have approved the minutes. We have asked for the minutes to be revised. indicating you have reviewed the minutes: ill 7_ ,7,_. Submitt- by: 1 1 ommittee Ch. ' , - on