Ordinance 2010-35 Ordinance No. 2010- 35
AN ORDINANCE AMENDING THE CODE OF ORDINANCES
OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,
PROVIDING FOR DEPUTY POLICE CHIEFS
BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall
County, Illinois, as follows:
Section 1. Title 2, Article 7 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 1 in its entirety and replacing it with the following:
2 -7 -1: CREATION: A Board of Fire and Police Commissioners is hereby created to
manage the affairs of the municipal police department of Yorkville, to provide rule
making for the operation of said department, to assume all duties of hiring, discipline,
retirement regulation and the like for the successful operation of the Yorkville municipal
police department. The Chief of Police will remain a position appointed by the Mayor
with the advice and consent of the City Council and will not be hired or disciplined by
the Board of Fire and Police Commissioners. The Deputy Police Chiefs shall be
appointed by the Chief of Police and will not be hired or disciplined by the Board of Fire
and Police Commissioners.
Section 2. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 1 in its entirety and replacing it with the following:
5 -1 -1: CREATION OF THE DEPARTMENT AND COMPOSITION:
A. There is hereby created a Police Department, referred to in this Chapter as the
"Department." The Department shall consist of a Chief of Police. Further, it shall
consist of two (2) Deputy Chiefs, and such number of Sergeants and Patrol Officers as
may from time to time be provided by the Mayor, with the advice and consent of the City
Council, and as budged for by the City Council.
B. The Deputy Chiefs may be appointed from any rank of sworn, full -time officers
of the Department, but must have at least five (5) years of full -time service as a police
officer in the Department. A Deputy Chief shall serve at the discretion of the Chief of
Police and, if removed from the position, shall revert to the rank previously held, without
regard as to whether a vacancy exists in that rank. A Deputy Chief, having been
appointed from any rank of sworn full -time officers, shall be permitted, regardless of
rank, to take promotional exams and be promoted to a higher classified rank than he
currently holds, without having to resign as Deputy Chief.
Section 3. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 2 in its entirety and replacing it with the following:
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5 -1 -2: RANK OF OFFICERS:
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The Chief of Police shall be the head of the Department and shall have command and
supervision over all officers and members thereof. Following him in rank shall be the
Deputy Chiefs, Lieutenants (in the event there are any pursuant to Subsection 1),
Sergeants, and Patrol Officers, respectively, in order of seniority in each group.
Section 4. Title 5, Article 1 of the United City of Yorkville Code of Ordinances is hereby
amended by deleting Section 3 in its entirety and replacing it with the following:
5 -1 -3: DEPARTMENT MEMBERS:
A. All full -time paid members of the Department, with the exception of the Chief
and Deputy Chiefs, shall be considered to be members of the classified service and shall
be commissioned, promoted, and removed by the Board of Fire and Police
Commissioners of the classified service.
B. Commissions and Promotions: Commissions of members to and promotions
within the Department, other than the Chief of Police and Deputy Police Chiefs, shall be
made by the Board of Fire and Police Commissioners, as provided by statute.
Appointments of members to and removal of members from the position of Deputy
Police Chief shall be made by the Chief of Police, as provided by statute.
C. Discharges: No member of the classified service shall be discharged from the
Department except after a hearing on the charges before the Board of Fire and Police
Commissioners, as provided by statute, provided that this Section shall not be construed
as affecting the power of the Mayor to appoint and remove the Chief of Police with the
advice and consent of the City Council.
Section S. All ordinances or parts of ordinances conflicting with any of the provisions of this
Ordinance shall be and the same are hereby repealed.
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Section 6. If any Section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct, and independent provision, and such holding shall not affect the validity of
the remaining portions hereof.
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Section 7. This Ordinance shall be in full force and effect upon its passage, approval, and
publication as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this \
day of Qo , , A.D. 2010.
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ROBYN SUTCLIFF � DIANE TEELING
GARY GOLINSKI_ ARDEN JOSEPH PLOCHER Lx�
WALTER WERDERICH MARTY MUNNS
ROSE ANN SPEARS GEORGE GILSON JR.
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Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Iq
day of J U0-� 1 2010.
V ahAXZ-- , U -J
MAYOR f
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