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HomeMy WebLinkAboutOrdinances - MC-19-1199 - 07/15/2019 - Repealing and Replacing Chapter 18, PoliceCITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS ORDINANCE NUMBER MC-19-1199 An Ordinance Repealing and Replacing Chapter 18, Police of the City of McHenry's Municipal Code Adopted by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois July 15, 2019 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 16th day of July 2019. ORDINANCE NO. MC-19-1199 An Ordinance Repealing and Replacing Chapter 18, Police of the City of McHenry's Municipal Code WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY, McHenry County, Illinois, as follows: SECTION 1: Chapter 18, Police, shall be fully repealed and replaced in its entirety and restated as referenced in Exhibit A attached hereto. SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 3: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Passed and approved this 15th day of July, 2019 Ayes Alderwoman Baehne X Alderman Devine I Alderman Glab ,r Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer X Nays Absent Abstain o a . bw�� Monte Johnson, Wputy Clerk Chapter 18, Police, Page 1 Exhibit A MUNICIPAL CODE CHAPTER 18 POLICE ARTICLE I. IN GENERAL Sec. 18-1. Creation, Composition of Department. There is hereby created a Police Department for the City which shall consist of the Chief of Police and such other officers and as may be provided for from time to time by the Chief of Police. Sec. 18-2. Salaries, Vacations and Sick Leaves. All employees of the Department shall receive annual salaries which shall be established by the City Council at such times as are required by statute. Salaries of all full-time employees of the Department shall be paid in equal bi-weekly installments, unless provision is made to the contrary by the City Council or through a collective bargaining agreement. Vacations and sick leave shall be granted and provided as is set forth in the Personnel Policy Manual or collective bargaining agreement when applicable. Sec. 18-3. Chief of Police to head Department. The Chief of Police shall be the head of the Department and shall have and be responsible for direct supervision over all officers and employees. Sec. 18-4. Administrative duties of Chief of Police. The Chief of Police shall keep such records and make such reports concerning the activities of the Department as may be required by statute or by the Council. The Chief of Police shall be responsible for the performance by the Department of all of its functions and all persons who are employees of the Department shall serve subject to the orders of the Chief of Police. Sec. 18-5. Regulations governing Department. The Chief of Police of the Department may make or prescribe such Rules and Regulations as are deemed advisable. Such Rules shall be binding upon all employees of the Department. The Rules and Regulations may cover but are not limited to; role and responsibilities, organizational structure, management and administration, personnel structure, personnel process, operations and all other similar matters necessary or desirable for the efficiency of the Department. Sec. 18-6. Serving of Process. The Chief of Police or their designee shall be the sole process server for the City. Sec. 18-7. Deputy Chief; Commanders and Sergeants. The positions of Deputy Chief (one), Commander of Field Operations and Commander of Support Services are hereby established for the Department of the City and each shall be exempt ranks, and be appointed by and serve at the discretion of the Chief of Police and if removed from the position, except for cause, shall revert to the rank previously held, without regard as to whether a vacancy exists in that rank. Such removal to a lower rank shall not be reviewable by the Commission and shall be deemed a final action by the Chief of Police. Exhibit A The Deputy Chief position shall be immediately below that of the Chief of Police. Appointment to the rank of Deputy Chief shall be made from within the department. A minimum of 10 years of service as an Officer and the prior minimum rank of non -probationary sergeant is required. The Commander positions shall be equal to each other and both shall be immediately below that of the Deputy Chief. Appointment to the rank of Commander shall be made from within the department. A minimum of 5 years of service as an Officer and the prior minimum rank of non - probationary sergeant is required. The rank of Sergeant is also hereby established for the Department and is a tested rank that is non- exempt and is immediately below the rank of Commander. Newly promoted Sergeants are placed on probation for a period of six months in which time their performance is evaluated and rated. The Chief of Police of the Department shall have the right to remove to a lower rank any probationary Sergeant who fails to meet the minimum performance expectations of the agency. Promotions to the rank of Sergeant are in accordance with Article V of this Code. The rank of Officer is hereby established of the Department and is a tested rank that is non-exempt and is immediately below the Sergeant. ARTICLE II — POLICE COMMISSION ADMINISTRATION Sec. 18-8. Created; Applicability of Illinois Law. There is hereby created a Board of Police Commissioners ("Board") consisting of three members, as provided by the Illinois Board of Fire and Police Commissioners Act, 65 ILCS 5/10-2.1-1. et. seq. ("Act"). The provisions of the Act shall apply except to the extent modified in this chapter. Sec. 18-9. Appointment; Terms. The Board of Police Commissioners shall be appointed by the Mayor of the City, by and with the consent of the City Council. The terms of office of the members of the Board of Police Commissioners shall be three years and until their respective successors shall be appointed and qualified; provided, that no such appointments shall be made by any Mayor within thirty days before the expiration of his/her term of office; and provided further, that the Mayor shall appoint the first members of such Board, one of whom is appointed to serve until the end of the current municipal year in which such appointment is made, another shall serve until the end of the municipal year next ensuing, and the third shall serve until the end of the municipal year second next ensuing; provided, that each of the first members of the Board shall serve until his successor is appointed and qualified. Sec. 18-10. Compensation. The members of the Board of Police Commissioners shall be paid an annual salary of $450.00. Sec. 18-11. Police Commission Rules and Regulations. The Rules and Regulations of the Board of Police Commissioners of the City of McHenry, State of Illinois, last revised in 2016, are hereby fully replaced by provisions in this Chapter. Sec. 18-12. Source of Authority. The Rules and Regulations of this Chapter were adopted by home rule ordinance of the City Council of the City of McHenry under Ordinance MC-09-997. Sec. 18-13. Definitions. Exhibit A The word "Commission" and/or "Board" wherever used shall mean the Board of Police Commissioners of the City of McHenry, Illinois. The word "Officer" shall mean any person holding a permanent sworn office in the Police Department of the City of McHenry, Illinois. The masculine noun or pronoun includes the feminine. The singular includes the plural, and the plural the singular. Sec. 18-14.Officers of Board and their Duties. The Board shall annually, at its first meeting in May elect a Chairman and a Secretary. They shall hold office until the end of the fiscal year of the municipality and until their successors are duly elected and qualified. The Chairman shall be the presiding officer at all meetings. The Secretary shall keep the Minutes of all meetings of the Board in a permanent record book and shall be the custodian of all the forms, papers, books, records and completed examinations of the Board. The Board of Police Commissioners have the four primary responsibilities; creation of entry level eligibility lists from which the Chief of Police can hire officers; oral interviews of certified lateral candidates; creation of sergeant promotional eligibility lists from which the Chief of Police can promote; and the conduct of disciplinary appeals related to the positons of sergeant, commander and deputy chief. Sec. 18-15. Meetings. Meetings shall be held as determined necessary by the Board and all meetings shall be held in compliance with the Illinois Open Meetings Act, 5 ILCS 120/1.01, et. seq. ARTICLE III. APPLICATIONS Sec. 18-16. Notice of Application Process. The police department shall provide notice of all open application processes for both the Entry Level Eligibility List and the Lateral List. All advertising for applications shall include; job description, benefits package, application procedure, application opening and closing dates, cost of application and mandatory steps required in the testing process. Sec. 18-17. Application Blanks. Applications shall be completed using forms furnished by the City and applicants must strictly comply with the requirements of said forms. All applicants must be of sound health and be physically able to perform the duties of the position applied for. The burden of meeting these requirements rests upon the applicant. The applicant shall furnish each of the following with their application; • A copy of their Military Service Record and Discharge Papers, if applicable • Social Security Card • Birth Certificate High School Diploma or G.E.D. Certificate A certified copy of their college transcripts A false statement knowingly made by a person in an application for examination, participation or awareness of any false statement made in any certificate which may accompany such application or Exhibit A complicity in any fraud or misrepresentation related thereto, shall be regarded as sufficient basis for disqualification. Sec. 18-18. Disqualification. The police department will screen all applications to ensure that they are complete, accurate and that each applicant possesses the minimum qualifications required to apply. Failure to fully and accurately complete the application with all required attachments or meet the citizenship, minimum age or education requirements shall be automatic grounds for disqualification. Each applicant who has submitted a complete application (with attachments) and meets the citizenship, age and education requirements will then be subject to a detailed application examination. Applicants will be deemed ineligible and applications will not be forwarded to the Board for any of the following reasons: a) Lacking in any of the established preliminary requirements for the service applied for; b) Physically unable to perform the duties of the position to which he or she seeks appointment; c) Is addicted to the use of drugs or intoxicating beverages; d) Has been convicted of a felony or any misdemeanor involving moral turpitude; e) Has been dismissed from any public service for cause; f) Has any involvement with any deception or fraud in his or her application; g) May be found disqualified in personal qualifications or health; or h) Whose character and employment references are deemed unsatisfactory. Sec. 18.19. Age, Citizenship and Education Requirements. Except as otherwise provided herein, applicants shall be under 35 years of age and at least 21 years of age at the time of application submission. Veterans shall be allowed to exceed the maximum age provision of this section as follows: For every year of active duty served, evidenced by a certified copy of the DD Form 214-Certificate of Release or Discharge from Active Duty, one additional year will be added, not to exceed 10 or an adjusted maximum age of 45. Full-time police officers shall be allowed to exceed the maximum age provision of this section, provided they hold a valid full-time certification with the Illinois Training and Standards Board (ILETSB) or have the capability of transferring an Out of State full-time certification in accordance with ILETSB regulations. Applicants for examination must be citizens of the United States of America. Applicants must have obtained an associate's degree from an accredited college or university, or have completed 60 credit hours at an accredited college or university. Exceptions: Provided, however, this educational requirement will be reduced to a high school diploma or GED if one or more of the following applies: (1) the applicant has served for 36 months of honorable active duty in the United States Armed Forces and has not been discharged dishonorably or under circumstances other than honorable, or Exhibit A (2) the applicant has served for 180 days of active duty in the United States Armed Forces in combat duty recognized by the Department of Defense and has not been discharged dishonorably or under circumstances other than honorable. This section shall apply to both the Entry Level Eligibility List application process and the submission of Certified Lateral Candidate applications. Sec. 18-20. Notice of Acceptance. All applicants whose applications have been successfully screened and accepted will be notified in writing and provided detailed directions regarding the testing process moving forward. Sec. 18-21. Physical Fitness Testing, Release of Liability. In the event that a physical fitness test is required all applicants must execute and deliver to the police department a release of all liability in favor of the City of McHenry on a form provided by the police department at the time of initial application. ARTICLE IV. ENTRY LEVEL ELIGIBILITY LIST Sec. 18-22. Notice of Testing Process. The police department shall provide notice to all eligible applicants of the testing process including the following mandatory steps of: 1. Orientation Meeting 2. Physical Fitness Test (when applicable) 3. Written Examination 4. Oral Interviews Dates, times and locations for all of the mandatory steps will be provided in the notice. Sec. 18.23. Scoring Process. The following mandatory tests shall be conducted. Failure to attend a mandatory testing step or achieve the minimum passing grade (when applicable) will disqualify the applicant from any further participation. 1 Orientation Meeting Attendance Only 2 Physical Fitness Test* Pass / Fail (State Power Test Standard) 3 Written Exam 70% or higher 4 Oral Interview 75% or higher * The Physical Fitness Test shall be administered as a mandatory step only if it was included at the time of the initial Notice of Testing Process. Sec. 18-24. Entry Level — Orientation. Applicants must attend the Board presented orientation program. Failure to attend will eliminate the applicant from further consideration. Sec. 18-25. Entry Level — Physical Fitness Test Exhibit A Applicants may be required to submit themselves to a physical fitness test by an agency designated by the Board and suitable to determine the physical suitability of the applicant to perform the essential function of the job. Applicants who fail to achieve a passing grade will be notified and eliminated from all further consideration. Sec. 18-26. Entry Level — Written Test. The written exam will be conducted by an independent testing company selected by the Board and approved by the Chief of Police. Exam results will be kept confidential by the Chief of Police or designee, until such time the Board has completed the oral interview process and assigned scoring. Applicants who fail to achieve a passing grade will be notified and eliminated from all further consideration. Sec. 18-27. Entry Level — Oral Interview. The Board shall participate in the oral examination of the applicants and the Chief of Police and Deputy Chief of Police may choose to be present. In no event shall less than a majority of the Commissioners conduct the oral examination. Questions shall be asked of the applicant that will enable the Commissioners to properly evaluate and grade the applicant on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill and general fitness for the position. On completion of each oral examination the Commissioners will discuss the applicant's abilities using the traits listed above. Applicants who fail to achieve a passing grade will be notified and eliminated from all further consideration. Sec. 18-28. Initial Eligibility, Military Points. a) Upon the completion of all entry level testing steps, the Board will finalize the initial scoring in order to determine which applicants will be placed on the Final Entry Level Eligibility List. Prior to finalizing the scoring process, the Board will contact all applicants who are eligible to submit for preference points based on military experience. b) Persons who were engaged in the active military or naval service of the United States for a period of at least one year and who were honorably discharged are entitled to request preference points. DD214 form is required for verification. If any person who is entitled to military preference points requests application of the preference points to the Board, five (5) points shall be added to the applicant's total score. c) Written exam scores are converted giving this step a weight of 50% of the total score. Oral Interview scores are converted giving this step a weight of 50% of the total score. Military points are then added with a ratio weight of 1:1 or 5 total points. Sec. 18-29. Entry Level Eligibility List — Selection of Applicants. a) The Board will prepare a "Final Entry Level Eligibility List" which shall include claimed preference points. Only those applicants who have attained a total score of 75 points or higher will be placed on the Entry Level Eligibility List. b) A dated copy of the Final Entry Level Eligibility List shall be posted and a copy shall be sent to each person appearing thereon. This list shall remain active only until such time that a new list is comprised and posted by the Board. c) Eligible applicants shall be listed in descending order from the highest score to the lowest score. Applicants shall be selected for hire in descending order from the three (3) applicants on the Final Exhibit A Entry Level Eligibility List having the highest rating. When there are less than three (3) names on the Final Entry Level Eligibility List, as originally posted, or remaining thereon after appointments have been made there from, appointments to fill existing vacancies shall be made from those names or the name remaining on the Final Eligibility List. d) Selection from the Final Eligibility List may be subordinate to the police chiefs choice to select a certified lateral applicant for hire. ARTICLE V. CERTIFIED POLICE LATERAL APPLICANTS Sec. 18-30. Lateral Description. In addition to the Entry Level Eligibility List the Board reserves the right to maintain a pool of certified police officers for accelerated entry. All persons possessing certification from the Illinois Law Enforcement Training and Standards Board or possessing a full-time certification from another state that will transfer in accordance with the Illinois Law Enforcement Training and Standards Board may be considered for accelerated entry and will not be required to participate in an orientation or written exam, provided they meet the following conditions: 1. Comply with Article III Applications; 2. Have been previously employed and certified as a full-time law enforcement officer within the last 12 months, either in the state of Illinois or in state that Illinois will approve a transfer for certification; and 3. Have been actively employed as certified, full-time police officer for a minimum of 12 consecutive months with a single law enforcement agency. Sec. 18.31. Lateral - Oral Interview. Applicants who have successfully met the aforementioned conditions may be selected by the Chief of Police for further consideration. Should a lateral applicant be selected for consideration they will be first required to participate in an oral interview with the Board in which the Commissioners will evaluate the applicant on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill, experience, skill set and general fitness for the position. The Chief of Police and Deputy Chief of Police may choose to be present during oral interview. At the conclusion of the interview applicants must receive a positive recommendation by the Board for advancement to receive further employment consideration. Sec. 18-32. Lateral — Physical Fitness Test. Applicants who have received a positive recommendation for advancement may be required to submit themselves to a physical fitness test by an agency designated by the Board and suitable to determine the physical suitability of the applicant to perform the essential function of the job. Applicants who fail to achieve a passing grade will be notified and eliminated from all further consideration. Sec. 18-33. Lateral Selection. When a vacancy for full time police officer exists, the Chief of Police may select a lateral applicant for hire provided they have completed an oral interview (with recommendation), completed a physical fitness test (when applicable) and met all the aforementioned conditions. ARTICLE VI. PROFESSIONAL EXAMINATIONS — APPOINTMENT Exhibit A Applicants (Entry Level Eligibility and Certified Police Lateral) who have been selected by the Chief of Police for hire shall be required to submit to the professional examinations as identified in this section as part of the hiring process. All examinations will be conducted by a professional team and/or by licensed examiners or physicians approved by the Board. Such examinations shall be scheduled not more than ninety (90) calendar days prior to hire. Results of all examinations are submitted to the Chief of Police for review and determination of qualification. The confidentiality of all reports and records will be maintained. Sec. 18-34. Background Investigation. The Chief of Police shall institute the background investigation through representative police department investigation teams. This investigation shall include, but not be limited to, examination of the applicant's academic records, investigation of any civil or criminal action involving the applicant, verification of the applicant's employment and personal history as described on his or her application, and investigation of any factors which might make the applicant unsuitable for service in the Department. Each applicant must submit to fingerprinting, as part of the background investigation, by the Department. In conducting this investigation, the City or its designee shall inspect such records and interview such individuals as may be necessary. The applicant shall sign authorization for such investigation, on a form prescribed by the City. Applicants who fail to pass the background investigation will be notified and removed from all further consideration. Sec. 18-35. Polygraph Examination. The applicant shall submit himself or herself for a polygraph examination by a licensed polygraph operator designated and compensated by the City at such time and place as the Chief of Police may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the Chief of Police or designee. Applicants who fail to pass the polygraph examination will be notified and removed from all further consideration. Sec. 18-36. Psychological Examination. The applicant shall submit himself or herself for a psychological examination by a licensed psychologist designated and compensated by the City, at such time and place as the Chief of Police may designate. Such test shall be given without expense to the applicant. The examining professional shall submit a written report of the results of the examination to the Chief of Police or designee. The eligible applicant shall sign a waiver allowing the psychological report to be reviewed by City Police Administration. Failure to sign such a waiver shall eliminate the applicant from any further consideration. Applicants who fail to pass the psychological examination will be notified and removed from all further consideration. Sec. 18-37. Conditional Offer of Employment. Upon the passing of the background investigation, polygraph test and psychological examination, the Chief of Police shall make a determination whether to make a conditional offer of employment to the applicant, subject to successfully passing a medical examination. Sec. 18-38. Medical Examination. An applicant, on receipt of a conditional offer of employment from the City, shall submit himself or herself for a medical examination (which may include a test of the applicant's vision and hearing, tests to ensure proper agility and mobility, a test for the presence of communicable diseases, as well as a test to screen for the use of drugs and/or narcotics) by a licensed physician, as the City may designate. The examining professional shall be designated and compensated by the City and shall Exhibit A submit a written report of the results of the examination to the Human Resources Director ("Director") of the City of McHenry. The applicant shall sign a waiver allowing the medical examination report to be reviewed by Director and Chief of Police. Applicant who successfully pass will be extended a final offer of employment. Sec. 18-39. Violations. Applicants who knowingly divulges or receives test questions or answers before a written examination, or otherwise knowingly violates or subverts any requirement of these Rules and Regulations, commits a violation of the Rules and Regulations and may be subject to immediate disqualification from the examination process. Applicants who are the knowing recipient of test information in advance of the examination shall be disqualified from the appointment examination process. Sec. 18-40. Probationary Appointment of New Officers. a) Employment of all entry level appointments to the Department shall be subject to a probationary period of fifteen (15) months. Employment of lateral certified Illinois Police Officers shall be subject to a probationary period of twelve (12) months. Any newly hired officer, regardless of experience or certification, may have their probationary period extended an additional three (3) months at the discretion of the Chief of Police. The probationary period of all appointed police officers shall commence as of the first date said individual reports for work with the Department. b) A signed reimbursement contract shall be on file with the City prior to or on the first date of employment. c) Any applicant may decline appointment. It shall be the option of the City to strike from or maintain upon the register the name of such applicant without otherwise altering the applicant's original position on the Final Eligibility Register. d) Probationary employees may be summarily dismissed from employment by the Chief of Police, for any reason or no reason at all, and are not entitled to the employment protection afforded to other full-time police officers by statute, these Rules and Regulations or collective bargaining agreement. e) All probationary police officers, not previously certified, shall successful complete the Basic Training Course as mandated by the State of Illinois within the prescribed probationary period. Failure to successfully complete this course shall result in dismissal from the Department employment. ARTICLE VII. SERGEANT PROMOTIONAL EXAMINATIONS Sec. 18-41. General. Promotion in the Department is provided for herein on the basis of ascertained merit and seniority in service and examination. All examinations for promotion shall be competitive among such members of the next lower rank who desire to apply. The Board shall be responsible for the development of all promotional lists associated with the rank of sergeant. Exhibit A Probationary police officers shall be ineligible to test for promotion during their probationary period. An officer must have a minimum of three (3) years of full-time law enforcement experience before being eligible for testing for the rank of sergeant. Sec. 18-42. Examination and Scoring Process — Minimum Grade. All applicants who are eligible for promotional participation shall be invited to participate in the examination and scoring process for the Sergeant Promotional Eligibility List. The following tests shall be conducted. Failure to attend a mandatory step or achieve the minimum passing grade (when applicable) will disqualify the applicant from any further participation. Step 1: Written Exam Each applicant must obtain a score of 70% or higher on the written promotional exam in order to move to Step 2. Step 2: Oral Interview Each applicant must participate in an oral interview with the Board. In no event shall less than a majority of the Commissioners conduct the oral examination. Questions shall be asked of the promotional applicant that will enable the Commissioners to properly evaluate and grade the applicant on leadership skills, management skills, speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill, experience, skill set and general fitness for the position. On completion of each oral examination the Commissioners will discuss the applicant's abilities using the traits listed above. Applicants must receive an interview score of 70% or higher in order to move to Step 3. Step 3: Issuance of Seniority Points At this step a %2 of a point per year for each full year of service as a police officer with the McHenry Police Department will be calculated and awarded to the applicant. Step 4: Merit and Performance Points At this step up to 10 total merit and performance points may be issued to each applicant by the Chief of Police at his/her sole discretion. Sec. 18-43. Initial Total Scoring. Upon the completion of steps 1 through 4, the Board will calculate each applicant's total score. Scoring is based upon a total of 100 points. Written exam scores are converted giving this step a weight of 40% of the total score. Oral Interview scores are converted giving this step a weight of 45% of the total score. Seniority points (step 3) and merit/performance points (step 4) are then added as a ratio of 1:1. The score is then totaled. Military Points: Persons who were engaged in the active military or naval service of the United States for a period of at least one year and who were honorably discharged are entitled to request preference points. DD214 form is required for verification. If any person who is entitled to military preference points requests application of the preference points to the Board, 7/10 of a point for each year of active military service, up to 3.5 total points, shall be added to the applicant's total score. Sec. 18-44. Final Scoring / Sergeant Promotional Eligibility List. Exhibit A a) The Board will prepare a "Final Sergeant Promotional Eligibility List" which shall include claimed and eligible qualifying preference points. Only those applicants who have attained a total score of 75 points or higher will be placed on the Final Sergeant Promotional Eligibility List. b) Applicants shall take rank upon a promotional eligibility list in the order of the relative excellence as determined by their total score. In the event of a tie score, the placement of the tied applicants' names on the promotional eligibility list shall be determined by lot, in the presence of a quorum of the Board, in whatever manner the Board deems appropriate. c) A dated copy of the Final Sergeant Promotional Eligibility List shall be posted and a copy shall be sent to each person appearing thereon. This list shall remain active for a period of three (3) years from the date of posting. Sec. 18-45. Promotional Vacancy. Upon determination of a vacancy by the Chief of Police, the Chief of Police shall select the individual to be promoted. All promotions shall be made by the Chief of Police. All promotions shall be made from the current promotional eligibility list and from the three (3) individuals having the highest rating, and where there are less than three (3) names of the promotional eligibility list, as originally posted, or remaining thereon after appointments have been made there from, appointments to fill existing vacancies shall be made from those names or the name remaining on the promotional eligibility list. ARTICLE VIIL OATH OF OFFICE Sec. 18-46.Oath of Office. Before entering duty, any person about to become a member of the Department, shall take the following oath, before any person authorized to administer oaths in the State of Illinois: "I , do solemnly swear or affirm that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and the ordinances of the City of McHenry, and that I will faithfully discharge the duties of Police Officer of the City of McHenry according to the best of my ability." ARTICLE IX. HEARING OF CHARGES, REMOVAL TO LOWER RANK, SUSPENSIONS AND DISCHARGE. Sworn officers who are not guaranteed the right of arbitration through their respective collective bargaining agreement are subject to the disciplinary provisions of the Act as modified by the following provisions. Sec. 18.47. Alternative Discipline. a) The Chief of Police of the Department shall have the right to remove to a lower rank as part of the disciplinary process. Except for the Deputy Chief and Commander positions, any police officer removed to a lower rank may appeal to the Board for a review of the removal to a lower rank within five (5) days after receiving notice of such action by the Chief of the Police by filing notice of such appeal in writing with the Secretary of the Board of Police Commissioners. b) The Chief of Police of the Department shall have the right to suspend any officer, under his/her command for a period not to exceed thirty (30) days, providing no charges on the same offense have Exhibit A been filed and are pending before the Board, and the Chief shall notify the Board in writing within twenty-four (24) hours of the time of such suspension. Any police officer may appeal to the Board for a review of the suspension within five (5) days after receiving notice of such action by the Chief of the Police by filing notice of such appeal in writing with the Secretary of the Board of Police Commissioners. c) A hearing shall be had upon all such appeals, and due notice given to the Chief of Police and to the employee. The burden of establishing that a removal to the lower rank or suspension was unwarranted shall be upon the individual bringing the appeal. Upon such appeal and depending on the evidence presented, the Board may sustain the action of the Chief of Police, may reverse it and order that the employee receive their pay for the period involved, may suspend the employee for a period of not more than thirty (30) days or discharge the employee. CERTIFICATION I, Monte Johnson, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Council Members of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 15th day of July, 2019, the foregoing Ordinance entitled An Ordinance Repealing and Replacing Chapter 18, Police, of the City ofMcHenry's Municipal Code, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. MC-19-1199., including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 16th day of July 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. GIVEN under my hand and seal this 161h day of July 2019. a. Monte Johnson, eeputy City Clerk City of McHenry, McHenry County, Illinois (SEAL)