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ORDINANCE N0. ~~ ~~
AN ORDINANCE AMENDING TITLE 2, CHAPTER 1 OF THE CANTON MUNICIPAL CODE
CONCERNING THE FIRE AND POLICE COMMISSION.
WHEREAS, the Legal and Ordinance Committee of the City of Canton,
Illinois has determined that it is necessary, desirable and to the best
interests of the City of Canton to modify and amend Title 2, Chapter 1
of the Canton Municipal Code concerning the Fire and Police Commission; and
WHEREAS, the City Council of the City of Canton, Illinois has made a
similar determination.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CANTON, ILLINOIS, AS FOLLOWS:
1. That Title 2, Chapter 1 of the Canton Municipal Code be, and the
same is hereby amended to read as follows:
"2-1-1: APPOINTMENT, TERMS OF OFFICE:
The mayor, with the consent of the City Council, shall
appoint a board of fire and police commissioners. This
board shall consist of three (3) members, whose terms
of office shall be three (3) years and until their
respective successors are appointed and have qualified.
No such. appointment, however, shall be made by the mayor
within thirty (30) days before the expiration of his
term of office.
2-1-2: QUALIFICATIONS, OATH, BOND, REMOVAL:
The members of the board shall be considered officers
of the City of Canton, and shall file an oath and a
fidelity bond in such amount as may be required from
time to time by the City Council of the City of Canton.
No person holding a lucrative office under the United
States, the State of Illinois or any political sub-
division thereof, or a municipality including the
City of Canton, shall be a member of the Board of
Fire and Police Commissioners or the Secretary thereof.
The acceptance of any such lucrative office by a member
of the board shall be treated as a resignation of his
off ice as a member of the board or the Secretary thereof.
No person shall be appointed a member of the Board of
Fire and Police Commissioners who is related, either
by blood or marriage up to the degree of first cousin,
to any elected official of the City of Canton. No
more than two members of the board shall belong to
the same political party existing in the City of Canton
at the time of such appointments. If only one or
no political party exists in the City of Canton
at the time of such appointments, then state or
national political party affiliations shall be
considered in making such appointments. Party
affiliation shall be determined by affidavit of
the person appointed as a member of the board.
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Members shall not be subject to removal, except for
cause, upon written charges, and after an opportunity
to be heard within thirty (30) days in his or their own
defense, before a regular meeting of the City Council
of the City of Canton. A majority vote of the City
Council shall be required to remove any such member
from office.
2-1-3: FIRE AND POLICE DEPARTMENTS, APPOINTMENT OF
MEMBERS, CERTIFICATES OF APPOINTMENTS:
The Board of Fire and Police Commissioners shall
appoint all officers and members of the Fire and
Police Departments, except for the Chief of Police
and the Chief of the Fire Department. The Chief of
Police and the Chief of the Fire Department shall be
appointed by the Mayor, by and with the consent and
approval of the City Council. The Chief of Police
and the Chief of the Fire Department may be appointed
by the Mayor from applicants either within or outside
of the Police and Fire Departments, regardless of
occupation or place of residence. All other appoint-
ments to each Department other than that of the lowest
rank, however, shall be from the rank next below that
to which the appointment is made.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commission-
ers and all certificates of appointments issued to any
officer or member of the fire or police department of
the City of Canton shall be signed by the chairman and
secretary respectively of the board of fire and police
commissioners, upon appointment of such officer or
member of the fire and police department of the City
of Canton by action of the board of fire and police
commissioners.
The term "policemen" as used in this Chapter does not
include auxiliary policemen as provided for in this Code.
2-1-4: RULES, PUBLICATIONS:
The board shall make rules (1) to carry out the purpose
of this Chapter, and (2) for appointments and removals
in accordance with the provisions of this Chapter. The
board, from time to time, may make changes in these rules.
All these rules and changes therein shall be printed
immediately for distribution. The board shall give
notice (1) of the places where the printed rules may
be obtained, and (2) of the date, not less than ten
(10) days subsequent to the time of publication, when
the rules or changes therein shall go into operation.
This notice shall be published in one or more newspapers
published in the City of Canton.
These rules of the board shall apply only to the conduct
of examinations for original appointments, for promotions,
and to the conduct of hearings on charges brought against
a member of the police or fire department. No such rule
shall be made by the board to govern the operation of
the police or fire department or the conduct of its
members unless the City Council of the City of Canton
specifically authorizes the board of fire and police
commissioners to make such rules; however, the City
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Council may also rescind such authorization.
2-1-5: EXAMINATION OF APPLICANTS, DISQUALIFICATIONS,
REMOVAL:
All applicants for a position in either the fire or
police department of the City of Canton shall be
under thirty-five (35) years of age, shall be sub-
ject to an examination which shall be public,
competitive, and free to all applicants, and shall
be subject to reasonable limitations as to residence,
health, habits and moral character. No person with
a record of misdemeanor convictions except those under
Sections 11-5, 11-6, 11-7, 11-9, 11-14, 11-15, 11-17,
11-18, 11-19, 12-2, 12-6, 14-4, 16-1, 21.1-3, 24-3.1,
24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
32-3, 32-4, 32-8, and sub-sections 1, 6 and 8 of Section
24-1 of the Criminal Code of 1961 or arrested for any
cause but not convicted thereon shall be disqualified
from taking the examination to qualify for a position
in the fire department on grounds of habits or moral
character. The foregoing age limitation does not
apply to any person previously employed as a police-
man or fireman in a regularly constituted police or
fire department of any municipality, or a Fire
Protection District, or to any person who has served
a municipality as a regularly enrolled volunteer
fireman for five (5) years immediately preceding
the time that municipality begins to use full time
firemen to provide all or part of its fire protection
service. Applicants who are twenty (20) years of age
and who have successfully completed two (2) years of
law enforcement studies at an accredited college or
university may be considered for appointment to active
duty with the police department. Any such applicant
who is appointed to active duty shall not have power
of arrest, nor shall he be permitted to carry firearms,
until he reaches twenty-one (21) years of age. Appli-
cants who are eighteen (18) years of age and who have
successfully completed two (2) years of study in fire
techniques, amounting to a total of four (4) high school
credits, within the cadet program of a municipality may
be considered for appointment to active duty with the
fire department of the City of Canton. The examination
shall be practical in character and relate to those
matters which will fairly test the capacity of the
persons examined to discharge the duties of the positions
to which they seek appointment. No person shall be
appointed to the police or fire department if he does
not possess a high. school diploma or an equivalent high
school education. The examinations shall include tests
of physical qualifications and health. No person shall
be appointed to the police or fire department if he has
suffered the amputation of any limb unless the applicant's
duties will be only clerical or as a radio operator. No
applicant shall be examined concerning his political or
religious opinions or affiliations. The examination
shall be conducted by the board of fire and police
commissioners of the City of Canton as hereinafter
provided.
No person who is classified by his local selective service
draft board as a conscientious objector, or who has ever
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been so classified, may be appointed to the police depart-
ment.
No person shall be appointed to the police or fire depart-
ment unless he is a person of good character; not a habitual
drunkard, gambler, or a person who has been convicted of
a felony or a crime involving moral turpitude. However,
no person shall be disqualified from appointment to the
fire department because of such person's record of mis-
demeanor convictions except those under Sections 11-5,
11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19,
12-2, 12-6, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1,
28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4,
32-8, and subsections 1, 6 and 8 of Section 24-1 of
the Criminal Code of 1961 or arrest for any cause with-
out conviction thereon. Any such person who is in the
department may be removed on charges brought and after
a trial as hereinafter provided.
2-1-6: FINGERPRINTS TO BE FURNISHED:
A classifiable set of the fingerprints of every person
who is now employed, or who hereafter becomes employed,
as a full time member of the fire or police department
of the City of Canton, whether with or without com-
pensation, shall be furnished to the Illinois Depart-
ment of Law Enforcement and to the Federal Bureau of
Investigation by the board of fire and police commission-
ers.
2-1-7: VETERAN'S PREFERENCE:
Persons who were engaged in the military or naval service
of the United States for a period of at least one year
and who were honorably discharged therefrom, or who are
now or may hereafter be on inactive or reserve duty in
such. military or naval service (not including, however,
in the case of off ices, positions and places of employ-
ment in the police department, persons who were convicted
by court-martial of disobedience of orders, where such
disobedience consisted in the refusal to perform military
service on the ground of religious or conscientious ob-
~ections against war) shall be preferred for appoint-
ments to offices, positions, and places of employment
in the fire and police departments of the City of Canton.
2-1-8: ORIGINAL APPOINTMENTS, PREFERENCES, LIMITATION:
The board of fire and police commissioners shall give
preference for original appointment to persons designated
in Section 2-1-7 whose names appear on any register of
eligibles resulting from an examination for original
entrance in the classified service of the fire and
police departments of the City of Canton by adding
to the final grade average which they receive or will
receive as the result of any examination held for ori-
ginal entrance, 5 points. The numerical result thus
attained shall be applied by the board of fire and
police commissioners in determining the position
of such persons on any eligibility list which has
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been created as the result of any examination for
original entrance for purposes of preference in
certification and appointment from such eligibility
list. The board shall strike off the names of candi-
dates for original appointment after such names have
been on the list for more than two (2) years.
2-1-9: PROMOTIONAL PREFERENCES:
Every member of the classified service of the fire or
police department of the City of Canton coming under
the provisions of this Chapter who was engaged in a
military or naval service of the United States at
anytime for a period of one year and who was honorably
discharged therefrom, who is now or who may hereafter
be on inactive or reserve duty in such military or
naval service, not including, however, persons who
were convicted by court-martial of disobedience of
orders where such disobedience consisted in the
refusal to perform military service on the ground
of alleged religious or conscientious objections
against war, and whose name appears on existing
promotional eligibility registers. or any promotional
eligibility register that may hereafter be created
as provided for by this Chapter shall be preferred
for promotional appointments of the fire or police
department of the City of Canton.
2-1-10: PROMOTIONAL EXAMINATIONS:
The board of fire and police commissioners shall
give preference for promotional appointment to
persons designated in Section 2-1-9 whose names
appear on promotional eligibility registers by
adding to the final grade average which they will
receive as a result of any promotional examination
7/10 of one point for each six (6) months or .fraction
thereof of military or naval service not exceeding
thirty (30) months. The numerical. result thus
attained shall be applied by the board of fire and
police commissioners in determining the position of
such persons on any eligibility list as the result
of any promotional examination held for purposes of
preference in certification and appointment from such
eligibility list.
No person shall receive the preference for a promotion-
al appointment granted by this Chapter after he has
received one promotion from an eligibility list on
which he was allowed such preference.
Z-1-11: PREFERENCE, TIME FOR ALLOWANCE:
No person entitled to preference or credit for military
or naval service shall be required to claim military
credit for service in the armed forces before any
examination held under the provisions of this Chapter
but such preference shall be given after the posting
or publication of the eligibility list or register
at the request of such person before any certification
or appointments are made from the eligibility register,
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upon the furnishing of evidence of an honorable discharge
from and proof of such service.
2-1-12: NOTICE OF EXAMINATION:
Notice of the time and place of every examination shall
be given by the board by a publication at Least two (2)
weeks preceding the examination in one or more newspapers
published in the City of Canton, except on promotional
examinations, notice may be waived in writing by all
members of the fire or police department, for which
the promotional examination is to be given.
2-1-13: REGISTER OF ELIGIBLES:
The board of fire and police commissioners shall prepare
and keep a register of persons whose general average
standing, upon examination, is not less than the mini-
mum fixed by the rules of the board, and who are other-
wise eligible. These persons shall take rank upon the
register as candidates in the order of their relative
excellence as determined by examination, without
reference to priority of time of examination.
Within sixty (.60) days after each examination, an
eligibility list shall be posted by the board, which
shall show the final grades of the candidates without
reference to priority of time of examination and sub-
ject to claim for military credit. Candidates who
are eligible for military credit shall make a claim
in writing within ten (10) days after the posting of
the eligibility list or such claim shall be deemed
waived. Appointment shall be subject to a final
physical examination.
If a person is placed on an eligibility list and be-
comes overage before he is appointed to a police or a
fire department, he remains eligible for appointment
until the list is abolished pursuant to authorized
procedures. Otherwise no person who has attained the
age of thirty-six (36) years shall be inducted as a
member of a police department and no person who has
attained the age of thirty-five (35) years shall be
inducted into afire department, except as otherwise
provided in this Chapter.
2-1-14: PROMOTIONS, MERIT, SENIORITY
The board, by its rules, shall provide for promotion
in the fire and police departments on the basis of
ascertained merit and seniority in service and exami-
nation, 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. All promotions
shall be made from the three (3) having the highest
rating, and where there are less than three (3)
names on-the promotional eligible register, as
originally posted, or remaining thereon after
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appointments have been made therefrom, appointments
to fill existing vacancies shall be made from those
names or name remaining on the promotional register.
The method of examination and the rules governing
examinations for promotion shall be the same as
provided for applicants for original appointment,
except that original appointments only shall be on
probation, as provided by the rules. The board
shall strike off the names of candidates for pro-
motional appointment after they have remained thereon
for more than three (3) years, provided there is no
vacancy existing which can be filled from the pro-
motional register.
2-1-15: TEMPORARY APPOINTMENTS:
In order to prevent a stoppage of public business, to
meet extraordinary exigencies, or to prevent material
impairment of either the police or fire department,
the board may make temporary appointments, to remain
in force until regular appointments may be made under
the provisions of this Chapter, but never to exceed
sixty (60) days. No temporary appointment of any
one person shall be made more than twice in any
calendar year.
2-1-16: REMOVAL OR DISCHARGE, INVESTIGATION OF
CHARGES, RETIREMENT:
Except as hereinafter provided, no officer or member
of the fire or police department of the City of Canton
shall lie removed or discharged except for cause, upon
written charges, and after an opportunity to be heard
in his own defense. The chief of the fire department
and the chief of the police department may be removed
or discharged by the Mayor. In such case, the Mayor
shall file with the City Council the reasons for such
removal or discharge, which removal or discharge shall
not become effective unless confirmed by a majority
vote of the City Council, after the chiefs have had an
opportunity to be heard in their own defense. The Board
of Fire and Police Commissioners shall conduct a fair
and impartial hearing of the charges, to be commenced
within thirty (30) days of the filing thereof, which
hearing may be continued from time to time. In case
an officer or member is found guilty, the board may
discharge him, or may suspend him not exceeding thirty
(30) days without pay. Ths board may suspend any
officer or member pending the hearing with or without
pay, but not to exceed thirty (30) days. If the Board
of Fire and Police Commissioners determines that the
charges are not sustained, the officer or member shall
be reimbursed for all wages withheld, if any. In the
conduct of this hearing, each member of the board shall
have power to administer oaths and affirmations, and
the board shall have power to secure by its subpoena
both the attendance and testimony of witnesses and
the production of books and papers relevant to the
hearing.
The age for retirement of policemen or firemen in the
service of the City of Canton is sixty-five (65) years.
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Nothing in this section shall be construed to prevent
the chief of the fire department or the chief of the
police department from suspending without pay a member
of his department for a period of not more than five
(5) days, but he shall notify the board in writing
of such suspension. Any policeman or fireman so sus-
pended may appeal to the Board of Fire and Police
Commissioners for a review of the suspension within
twenty-four (24) hours after such suspension, and upon
such appeal, the board may sustain the action of the
chief of the department, may reverse it with instructions
that the man receive his pay for the period involved,
or may suspend the officer for an additional period
of not more than thirty (30) days or discharge him,
depending upon the facts presented.
2-1-17: FIRE OR POLICE DEPARTMENTS, REDUCTION OF
FORCE, REINSTATEMENT
When the force of the fire department or of the police
department is reduced, and positions displaced or
abolished, seniority shall prevail and the officers
and members so reduced in rank, or removed from the
service of the fire department or of the police de-
partment shall be considered furloughed without pay.
If any positions which have been vacated because of
reduction in forces or displacement and abolition of
positions, are reinstated, such members and officers
of the fire department or of the police department
as are furloughed from the said positions shall be
notified by the board by registered mail of such
reinstatement of positions and shall have prior
right to such positions if otherwise qualified,
and in all cases seniority shall prevail. Written
application for such reinstated position must be
made by the furloughed person within thirty (30)
days after notification as above provided and such
person may be required to submit to examination
by physicians of both the board of fire and police
commissioners and the appropriate pension board to
determine his physical fitness.
2-1-18: ANNUAL REPORT, BUDGET REQUEST:
Annually, on the first Tuesday in May, the board of
fire and police commissioners shall submit to the
mayor a report of its activities, and of the rules
in force and the practical effect thereof. In this
report, the board may make suggestions which the board
believes would result in greater efficiency in the fire
or police department. The board shall also submit an
annual budget request to the city council prior to
the end of each fiscal year. The mayor shall transmit
the report to the city council.
2-1-19: SECRETARY OF BOARD, DUTIES, SEAL OF BOARD:
The board may employ a secretary, or may designate
one of its own members to act as secretary. The
secretary (1) shall keep the minutes of the board's
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proceedings, (2) shall be the custodian of all records
pertaining to the business of the board, (3) shall keep
a record of all examinations held, (4) shall perform
all other duties the board prescribes, and (5) shall
be custodian of the seal of the board, if one is
adopted, and the board is hereby authorized to adopt
an official seal and to prescribe the form thereof
by resolution of the board.
2-1-20: ROOMS AND FUNDS FOR OPERATION OF BOARD:
The corporate authorities shall provide suitable rooms
for the board of fire and police commissioners, and
shall allow reasonable use of the City building for
holding examinations by the board and shall further
provide adequate funds in the annual appropriation
ordinance for the operation of the board.
2-1-21: DISABILITY OR MILITARY LEAVE, GRANT BY BOARD:
A person holding a position in a fire or police de-
partment who is injured while in the performance of
his duties and because of such injury is temporarily
unable to continue to perform his duties or who enters
the military or naval service of the United States
because of a war in which the United States is a
party belligerent or as required by any Act of
Congress shall, upon written application to the
board, be granted a disability or military leave,
as the case may be.
2-1-22: RETURN TO ACTIVE DUTY:
A person who has been on disability or military leave
granted by the board and who wishes to return to active
duty in his certified position shall be credited with
seniority for the period of such leave and, if other-
wise qualified, shall be reinstated to his certified
position at the rank or grade held at the start of the
leave, not more than sixty (.60) days after his written
request for reinstatement is filed with the board. Such
request shall be filed not more than thirty (30) days
after termination of the disability or military or
naval service.
2-1-23: APPLICATION OF THE ACT:
The provisions of this Chapter shall apply only to
full-time firemen and full-time policemen of the City
of Canton and not to any other personnel of any kind
or description.
2-1-24: GOVERNING PROVISIONS:
This Chapter is subject to the provisions of the
"Illinois Police Training Act", approved August
18, 1965 and the provisions of the "Illinois Fire
Protection Training Act", certified November 9, 1971."
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2. That the remainder of Title 2, Boards and Commissions, of the
Canton Municipal Code remain in full force and effect.
3. That this Ordinance shall be in full force and effect upon its
passage by the City Council of the City of Canton, Illinois and approval
by the Mayor thereof.
PASSED by the City Council of the City of Canton, Illinois and
APPROVED by the Mayor thereof this ~~ day of 1980.
APPROVED : '~~ >.1= = , MAYOR
HAR AN E. CROUCH
ATTEST: , CITY CLERK
CY S. WHITES
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