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HomeMy WebLinkAboutOrdinance #0687~. a !~ ORDINANCE N0. •.~'~ AN ORDINANCE AMENDING TITLE 2, CHAPTER 1, SECTIONS 2, 5 and 11 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 certain sections of Title 2, Chapter 1 of the Canton Municipal Code; 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, Section 2 of the Canton Municipal Code be, and that same is hereby amended to read as follows: "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 office 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. Members shall not be subject to removal, except for cause, upon written charges, and after an opportunity to be heard within 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." ~ \ * a J 2. That Title 2, Chapter 1, Section 5 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "2-1-5: EXAMINATION OF APPLICANTS: 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 subject to an examination, which shall be public, competitive, and free to all applicants, and shall be subject to reason- able limitations as to residence, health, habits and moral character; provided, that the foregoing age limitation does not apply to any person previously employed as a policeman or fireman in a regularly constituted police or fire department of any muni- cipality, or a Fire Protection District, or to any person who has served a municipality as a regular- ly enrolled volunteer fireman for five (5) years immediately preceding the time that municipality begins to use full time fireman to provide all or part of its fire protection service. The examinations 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 that person does not possess a high school di- ploma or an equivalent high school education. The examinations shall include tests of physical quali- fications and health. No applicant shall be examined concerning political or religious opinions or affili- ations. The examinations shall be conducted by the Board of Fire and Police Commissioners of the City of Canton." 3. That Title 2, Chapter 1, Section 11 of the Canton Municipal Code be, and the same is hereby amended to read as follows: "2-1-11: 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 be 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 liy 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. The board may suspend any officer or member pending the hearing with or without f ,_ 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. 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." 4. That the remainder of Title 2, Chapter 1, Fire and Police Commission, of the Canton Municipal Code remain in full force and effect. 5. 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 p~ ~~Y" day of 1978. APPROVED : = C~ ,~._MAYOR HARLAN E. CROUCH n ATTEST: ~ ~°~ CITY CLERK N CY S. WHITES