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Fire and Police Commission Minutes 2001 08-27-01UNITED CITY OF YORKVILLE FIRE&POLICE COMMISSION MEETING Monday, August 27, 2001 The meeting was called to order by Commissioner Bob Johnson at 6:00 PM Roll Call: Members Present: Jim Jensen-Present Margie Putzler-Present Bob Johnson-Present A quorum was established. Minutes: There were no previous minutes as this is the first meeting. JIM POWER OF SEYFARTH SHAW ATTORNEYS Mr. Power introduced himself stating that he is one of the labor attorneys representing the City of Yorkville and has come tonight to brief the members on their duties and the procedures for the Fire&Police Commission. He asked if any of the members had any knowledge of a Fire&Police Commission. Commissioner Johnson stated he had some working knowledge of this. Ms. Putlzer stated she had none,Mr. Jensen had none. Mr. Powers explained he had binders(and passed them out), that outlines the law and other laws that will impact their commission. The Freedom of Information Act , and the Open Meetings Act are two things that they will have to abide by. He stated that they do not have to call if Fire& Police Commission if the Fire Dept. is not a City Department, but can call it whatever they choose,but if they have passed this as an ordinance then it will be the same as what was passed. They will have to maintain personnel files, establish a filing system. They must set-up a set of rules and regulations of their own,but can set-up them up and amend them form time to time. He has included a sample set of Villa Park's rules for them to use as a guideline. He explained this is a separate entity from the City of Yorkville and will operate independent of the City. The main responsibility is pursuant to the Fire and Police Act, any community of a population over 5000 must establish a Board to regulate items 1, 2, and 3. This is a Civil Service System. 1.To set-up a procedure and to process initial police officer applicants. 2. Process and procedure for promotions when vacancies arise. 3.The will be responsible for holding disciplinary hearings when the need arises. The City and the Chief are responsible for the day to day operations, but the Commission is responsible for all appointments and discharges. You will be responsible for hires and discharges under the statute if the Chief feels an employee deserves more than 5 days suspension. He would have to prosecute before the Board who would be judge and jury. The statute provides for suspension sunder five days, and the Chief can impose this,but an officer can appeal to a higher 1 court. Circuit Court, then Kendall County, and to a higher court to the Supreme Court. Legal remedies are available to officers above the Fire&Police decision. Commissioner Jensen asked about personal liability. Mayor Prochaska asked if they are protected. Mr. Powers stated that you are acting in an official capacity and you are insulated from personal liability. Commissioner Johnson asked if in important situations if City Attorney Dan Kramer would be here. Mr. Powers stated that disciplinary action before the Board can be complicated and it would be good to have consul to advise. The Board has the power to suspend, but not for more than 30 days. Mr. Powers asked if the Chief was appointed by the Mayor and City Council. Mayor Prochaska stated he was. Mr. Powers stated then that action would be for anyone below Chief. All non-exempt sworn employees. Part-time officers and clerical do not fall under the Fire&Police Commission. A Deputy Chief if you had one would also be exempt, and based on 6000 population you could have one Deputy Chief. Commissioner Johnson asked if this Commission had anything to do with the Pension. Mr. Powers stated that is a separate Board the City will have to set-up. Chief Martin stated that w members would be appointed by the Mayor, one would be from he department and one more. Treasurer Allen asked if the Treasurer was the custodian of their pension funds. Chief Martin stated it fall under State of Illinois. Mr. Powers stated they need to appoint a Chairman& Secretary. A quorum is 2 of the 3 members. The rules are their major consideration. You must decide what hiring process will be. This can have a lot of pit-falls, but you can set-up what ever perimeters you want. Various testing, polygraph, etc. Treasurer Allen asked if the Treasurer had authority over expenditures of funds. Mr. Powers stated the City of Yorkville is responsible for providing adequate funding, but they must submit a budget request like any department of the City. 2 Commissioner Johnson asked bout hiring a firm to do the hiring exam. Mr. Powers stated this would be a wise decision, and you would submit this to the City Council for a decision with your annual budget request. Chief Martin stated they had some funds for this built into their budget for this year. They are also looking to hire two officers. Mr. Powers stated you can require oral interviews, but medical must come after an offer to hire. You establish procedure and decide what you want. Commissioner Jensen asked if Attorney Kramer has seen this. Chief Martin stated it came form him. Mr. Powers stated you should review this material and have another meeting to discuss further before establishing rules and regs. If you are non-home rule you cannot deviate form state statute. Commissioner Putzler asked for a procedure that is used currently. Mr. Powers stated they should develop an application, a hiring process, an eligibility list. Then rank them highest to lowest. Submit to the Chief and he will select. Commissioner Johnson stated he thinks he can select any one from the top three. Mr. Powers stated they can have preference points for military service, bachelor's degree, past police service, etc. This is spelled out in the state statute. Promotions are similar. Promotion would be one of the top three,but appointment must be made from the next level down. There are various requirements such as 35 being the maximum age for new officers. There is no residency requirement. Minimum age requirement is un-clear, but generally 21, but could hire under 21 with 2 years of police department training.. A high school or GED can be required, or a Bachelor's of Associates degree. Commissioner Jensen asked if he could look at criminal history. Mr. Powers stated you had to be very careful about using this specifically to hire or not to hire. You cannot use arrest records, only convictions,but relying on conviction record is risky. Essentially you cannot use it alone,but can use combined with other negatives. Mr. Powers stated you have to remember that for a closed session you have to follow specific procedures. Motions must be done after the closed session is concluded and you are back into the open meeting. You must submit an annual report to the City Council summarizing activities of the Board. You must appoint a Chairman and Secretary for taking and keeping minutes and records. 3 Commissioner Jensen asked if they would need to have extra bonding on their own. Mr. Powers stated you could if you wanted to be extra sure, but he has never seen action against the Board individually. ELECTION OF CHAIRMAN& SECRETARY Commissioner Putzler motioned and Commissioner Jim Jensen seconded to appoint Bob Johnson as Chairman of the Fire&Police Commission On a voice vote all members present voting yes. Motion carried. Commissioner Putzler motioned and Commissioner Bob Johnson seconded to appoint Jim Jensen to the position of Secretary of the Fire&Police Commission On a voice vote all members present voting yes. Motion carried. RECORDING SECRETARY The members discussed having a recording secretary rather for taking and transcribing minutes. Chairman Johnson asked for a motion for a recording secretary. Commissioner Jensen motioned and Commissioner Putzler seconded to have a Recording Secretary provided by the City Clerk's Office for the Fire&Police Commission On a voice vote all members present voting yes. Motion carried. Chairman Johnson stated that due to having much to accomplish they should have weekly meeting for the month of September, and then once they have established the rules and regs. they could meet monthly. Commissioner Jensen stated that once they have the rules and regs. in place they can discuss a contractor to run the system. Chief Martin stated they currently use Standard&Associates. They had testing ready to go and decided it was to late and had to call it off, as the Commission would be in place before they could complete the process. Chairman Johnson asked if meeting on Tuesday, Sept. 4th, Monday, Sept. 10th, 17th and 24th was acceptable for members at 6:30 PM in the Police Department Conference Room. All agreed to these dates and time and place. BUDGET REQUIREMENTS Chairman Johnson stated that they will need to discuss budgeting for publishing. Mayor Prochaska stated they had set aside funds for the Fire&Police Commission. Chief Martin stated that they are looking to promote 2 officers quickly, and had in the past used Standard& Associates. 4 Commissioner Jensen stated that to hold exams and create a promotion and eligibility list there doesn't have to be an opening. Chairman Johnson asked if there was anything additional on the Budget. Chief Martin stated just postage, and the recording secretary. In Oswego the have an application fee. Commissioner Jensen stated they have a fee also in Plano. Chairman Johnson stated this could be discussed further at future meetings. ADDITIONAL BUSINESS COMMENTS Commissioner Jensen asked if there is a fee to have the City Attorney at meetings. Mayor Prochaska stated we would have to check on availability. But, you could formulate questions and get the to him for answers. Chairman Johnson stated there will be questions for him from these up coming early meetings. Mayor Prochaska stated he welcomed everyone, and remind them it was too late to leave now. He wished them well as it will be interesting. Chairman Johnson stated on another track to the Police Pension Committee. Commissioner Jensen asked for a time line for hiring. Mr. Powers stated whenever the Chief is comfortable with the process. You can amend as you go if need be, from time to time. Mayor Prochaska stated he does not plan to be here regularly so if you need him here please let him know. Chairman Johnson stated that the agenda items for the next meeting to be held Sept. 4th will be 1. Rules and Regulations for the Fire&Police Commission. 2. Review and acceptance of Minutes. 3.September meetings will be at 6:30 PM, on 9/4, 9/10, & 9/17. Commissioner Jensen motions 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 5 UNITED CITY OF YORKVILLE FIRE & POLICE COMMISSION MEETING SIGN-IN SHEET Monday,August 27,2001 NAME (PLEASE PRINT!) REPRESENTING PHONE U c y OW? — C, E,./E%./ Co,',1-7,.»,o..iE:E IklAb‘aallial eam,,,,,,,,,„ii,c_ , Robr A1 /e' i Tifeq5 (4v-er r'itnify Pc vrtliS Ailormr CHI/ avoid //1//9%//L epcIntiE 6/24