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HomeMy WebLinkAboutOrdinance #0826} ;,z r~.i ~~` 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. - 1 - i - ~` b 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 - 2 - 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 - 3 - 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 - 4 - 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, - 5 - 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 - 6 - 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. - 7 - 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 - 8 - 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." - 9 - 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 - 10 -