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HomeMy WebLinkAboutOrdinances - MC-16-1127 - 06/06/2016 - AMEND CHP 18 POLICE (RULES & REGS)ORDINANCE NO. MC-16-1127 An Ordinance Amending 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: Articles I and II of Chapter 18, Police, shall be amended in its entirety and replaced with the following provisions with the formatting to be coordinated by the City Administrator: Sec. 18-1. Creation, composition of Department. There is hereby created a Department for the City which shall consist of the Chief of Police, a Deputy Chief, two Commanders, Sergeants, Officers and such other officers, technical employees and such other employees as may be provided for from time to time by the Council. 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. No remuneration shall be paid for part-time or special work unless specifically authorized by the Mayor by and with the consent of the Council. Vacations and sick leave shall be granted and provided as is set forth in the Personnel Policy Manual. 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, when approved by the Council, shall be binding upon all employees of the Department. The Rules and Regulations may cover, besides the conduct of the employees, uniforms and equipment to be worn or carried, hours of service, and all other similar matters necessary or desirable for the efficiency of the Department. Sec. 18-6. Divisions of Department. With the approval of the Mayor and City Council the Chief of Police may establish a traffic division, detective division, or other special divisions within the Department, assigning such Officers to such divisions and designating such duties therefore, as maybe deemed necessary. Sec. 18-7. Duties of Officers. It shall be the duty of all employees of the Department to see to the enforcement of all of the ordinances of the City and statutes applicable therein; to preserve order and to prevent infractions of the law, to follow the orders and policies of the Department as established by the Council and the Chief of Police, and to arrest violators of the law as shall be necessary. Sec. 18-8. Conduct of Officers. It shall be the duty of every employee of the Department to conduct himself in a proper and law abiding manner at all times, and to avoid the use of unnecessary force. Sec. 18-9. Serving of process. The Chief of Police shall be the sole process server for the City, except where necessity shall require some other employee of the Department to serve process. It shall be the decision of the Chief of Police as to whether or not any other employee of the Department shall be authorized to serve process for the City, but in no event shall any process be served by a Department employee on behalf of any other governmental body, agency, court, or individual, except on the express permission given by the Mayor and the Chief of Police. Sec. 18-10. Appearance as witnesses. Every employee of the Department shall appear as a witness whenever this is necessary in a prosecution for a violation of an ordinance, county regulation, or any state or federal law. Any employee appearing as a witness shall turn over to the City any fee received for service as a witness in any action or suit to which the City is a party, which sum shall be deposited with the Finance Director. When it is verified that personal expense has been incurred by an employee in appearing as such witness, the City Council may, in its discretion, reimburse the employee for such personal expense. Sec. 18-11. Deputy Chief; Commanders and Sergeants. The positions of Deputy Chief (one) and 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 2 position, 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. The Deputy Chief position shall be immediately below that of the Chief of Police and the Commander positions shall be equal to each other and both shall be immediately below that of the Deputy Chief. 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. 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. The Board of Police Commissioners shall appoint all sworn Officers and Sergeants of the Department. Appointments to the rank of Deputy Chief and Commander shall be from the rank of sworn, full- time Officers of the City, but must have at least ten years of full-time service as Officers in the Department and hold the prior rank of Sergeant. Promotions to the rank of Sergeant are in accordance with Police Commission Rules and Regulations. Sec. 18-12. Violation of rules and law. All members of the Department are subject to the regulations of such Department and, except as otherwise provided for in applicable collective bargaining agreements, the Police Commission Rules and Regulations. Any violations of such rules or regulations or of Illinois or Federal laws may be subject to cause for filing of charges before the Board, a subsequent hearing and action by the Board on such charge. Sec. 18-13. Created; applicability of Illinois law. There is hereby created a Board of Police Commissioners 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"). Except as otherwise provided for within this Chapter 18, the provisions of the Act shall control and where there is an inconsistency between the provisions of the Act and the provisions of this Chapter 18, the provisions of this Chapter 18 shall control. Sec. 18-14. 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 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. 3 Sec. 18-15. Compensation. The members of the Board of Police Commissioners shall be paid an annual salary of $450.00. See.18-16. Police Commission Rules and Regulations. The Rules and Regulations of the Board of Fire and Police Commissioners of the City of McHenry, State of Illinois, last revised in 2009, are hereby amended and restated in their entirety as follows, with the power to amend the Rules and Regulations in the future reserved exclusively by the City Council. CHAPTER I — ADMINISTRATION SECTION 1— SOURCE OF AUTHORITY. These Rules and Regulations were adopted by home rule ordinance of the City of McHenry City Council. SECTION 2 — DEFINITIONS. The word "Commission" and/or "Board" wherever used shall mean the Board of Fire and Police Commissioners of the City of McHenry, Illinois. The word "Officer" shall mean any person holding a permanent 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. SECTION 3 — 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. SECTION 4 — 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. CHAPTER II —APPLICATIONS SECTION 1— RESIDENCE. Applicants for examination must be citizens of the United States of America. 0 SECTION 2 — APPLICATION BLANKS. Applications for a position shall be filed upon blank forms furnished by the Commission, and applicants must comply with the requirements of said form in every respect. The application must be filed with the Board prior to taking an examination. Every applicant must be of sound health and must be physically able to perform the duties of the position applied for. The burden of establishing these facts rests upon the applicant. The applicant shall furnish with his application a copy of his Military Service Record, Discharge Papers, Social Security Card, Birth Certificate, High School Diploma or G.E.D. Certificate, a copy of his College or University Degree and, if requested, a copy of a certified transcript of his course work from an accredited College or University. 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 complicity in any fraud related thereto, shall be regarded as sufficient basis for disqualification. SECTION 3 — DISQUALIFICATION. The Board may refuse to examine an applicant or, after examination, to certify him as eligible: a) Who is found lacking in any of the established preliminary requirements for the service applied for. b) Who is physically unable to perform the duties of the position to which he or she seeks appointment. c) Who is addicted to the use of drugs or intoxicating beverages. d) Who has been convicted of a felony or any misdemeanor involving moral turpitude. e) Who has been dismissed from any public service for cause. f) Who has any involvement with any deception or fraud in his or her application. g) Who may be found disqualified in personal qualifications or health. h) Whose character and employment references are deemed unsatisfactory. SECTION 4 — DEFECTIVE APPLICATIONS. Defective applications shall be returned to the applicant for correction, provided the applicant is not otherwise disqualified for the position sought. SECTION 5 — AGE 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 5 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. Applicants must have obtained a bachelor's degree from an accredited college or university, or completed 60 hours at an accredited college or university and have prior full-time law enforcement experience consisting of at least two (2) years. Provided, however, this educational requirement will be waived 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 (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. SECTION 6 — NOTICE OF ACCEPTANCE. The Secretary will notify all applicants whose applications have been accepted by the Board to be present for orientation and subsequent examination provided that, if required by the Board, the applicant has an executed Physicians Certificate that they are physically capable of participating in a strenuous "Physical Aptitude Test." SECTION 7 — RELEASE OF LIABILITY. All applicants shall execute and deliver to the Board a release of all liability as the result of taking a "Physical Aptitude Test", if required, in favor of the City of McHenry on a form to be presented by the Board. CHAPTER III — ORIGINAL APPOINTMENTS SECTION 1— NOTICE OF EXAMINIATIONS. Examinations shall be held on the dates scheduled by the Board and advertised in a manner as determined by the Board. SECTION 2 — EXAMINATIONS. The Board shall call examinations to fill vacancies in the class of service in which vacancies are liable to occur. A call for such examination shall be entered in the Minutes of the Board and shall include a statement of - Eel a) The time and place where such examination will be held. b) The location where applications may be obtained and the date by which applications must be returned to the Board. c) The position to be filled from the resulting eligibility list. d) Application due date. e) Cost of application. SECTION 3 — EXAMINATIONS — MINIMUM GRADE. The following examinations may be conducted by the Board and no examination shall contain questions regarding applicant's political or religious opinions or affiliations. The sequence of testing may vary at the discretion of the Board. Failure to achieve the minimum passing grade in any examination disqualifies the applicant from any further participation. Each weighted component of the examination process shall be based upon a scale of 1 to 100. Examinations Orientation Physical Aptitude Test Written Test Oral Interview Background Investigation Polygraph Test Psychological Examination Medical Examination %of Total Grade 50% 50% Minimum Passing Attendance Mandatory ** Pass or Fail Acceptable to Board Acceptable to Board Recommended Qualified Conditional Offer of Emplorent - Recommended Qualified To be announced by the Board prior to conducting the examination and may vary based upon the examination or the testing agency used by the Board. ** Test maybe given at the discretion of the Board on a pass/fail basis. Note: To any person who is entitled to military preference points whose name appears on the register of eligible applicants, the Board shall add five (5) points upon request of applicant. 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. SECTION 4 — ORIGINAL APPOINTMENT — ORIENTATION. Applicants must attend the Board presented orientation program. Failure to attend will eliminate the applicant from further consideration. 7 SECTION 5 — ORIGINAL APPOINTMENT — PHYSICAL APTITUDE TEST. Applicants may be required to submit themselves to a physical aptitude 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. The Board may provide for the written examination to be conducted by an outside testing agency or testing vendor. SECTION 6 — ORIGINAL APPOINTMENT — WRITTEN TEST. All examination papers shall be and remain the property of the Board and the grading thereof by the Board shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. The written exam will be conducted by an independent testing company selected by the Board. Passing 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. SECTION 7 — ORIGINAL APPOINTMENT — ORAL EXAMINATION. The Board shall participate in the oral examination of the applicant and the Chief of Police or his designee shall 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. Applicantwho fail to achieve a passing grade will be notified and eliminated from all further consideration. SECTION 8 — INITIAL ELIGIBILITY REGISTER. a) The Commissioners will prepare an "Initial Eligibility List" of the applicants that successfully completed the orientation, and physical aptitude test, if any, and who obtained a minimum of 70 combined points on the written test and oral interview. Applicants shall be placed on the Initial Eligibility List in order of their relative excellence. This Initial Eligibility List is subject to change with the addition of any claimed preference points as prescribed in the Act and these Rules and Regulations. b) A dated copy of the Initial Eligibility Register shall be sent to each person appearing thereon. FZ c) Applicants who are eligible for veteran, educational, or law enforcement certification preference points, shall make a claim in writing with proof thereof within ten (10) days after the date of the Initial Eligibility List or such claim shall be deemed waived. SECTION 9 — FINAL ELIGIBILITY REGISTER — SELECTION OF APPLICANTS. a) The Commissioners will prepare a "Final Eligibility List" which shall include claimed preference points. In the event of a tie score, the placement of the tied applicants' names on the Final Eligibility List shall be determined by lot, in the presence of a quorum of the Board in whatever manner the Board deems appropriate. b) A dated copy of the Final Eligibility Register shall be posted. This copy shall include the date of expiration of the register two (2) years thereafter. c) Applicants shall be appointed in descending order from the three (3) applicantss on the Final Eligibility List having the highest rating and where there are less than three (3) names on the Final 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) Notwithstanding anything to the contrary contained within these Rules and Regulations, the Board may, at its discretion, choose to appoint an applicant who has been awarded a certificate attesting to his or her successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act, ahead of non -certified applicants. e) Appointment from this Final Eligibility Register are subject to satisfactorily passing an Oral Interview, In-depth Psychological Examination, a Polygraph Test, Background Investigation, and a thorough Medical Examination (which may include a test of the applicant's vision, hearing, for the presence of communicable diseases as well as a test to screen for the use of drugs and/or narcotics). A conditional offer of employment shall be extended to qualified applicants immediately preceding the psychological and/or medical examination of an applicant. SECTION 10 — PROFESSIONAL EXAMINATIONS. Applicants for original appointment 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 appointment. Results of all examinations are submitted to the Chief of Police for review and determination of qualification. C The confidentiality of all reports and records will be maintained to the most stringent level possible. a) Background Investigation. The Chief of Police shall institute the background investigation, through representative police department investigation teams, of three highest-ranking applicants remaining on the Final Eligibility Register. 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. The applicant shall furnish to the City at this point in time, if not already provided, a certified copy of their birth certificate and verification of high school diploma and, when applicable, certified copies of their military service record and discharge papers. In conducting this investigation, the City or its designee shall inspect such records and interview such individuals as maybe necessary. The applicant shall sign authorization for such investigation, on a form prescribed by the City. b) Polygraph Test. The applicant shall submit himself or herself for a polygraph examination by a licensed polygraph operator designated and compensated by the Board, at such time and place as the City 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 City HR Manager and Chief of Police. c) Psychological Examination. The applicant shall submit himself or herself for a psychological examination by a licensed psychologist designated and compensated by the Board, at such time and place as the City 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 City HR Manager and Chief of Police. The eligible applicant shall sign a waiver allowing the psychological report to be reviewed by the Board and City Police Administration. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. 10 Applicants who fail to pass any one of the above examinations (the background investigation, polygraph test or psychological examination) will be notified and removed from the Final Eligibility List and eliminated from all further consideration. Upon the passing of the background investigation, polygraph test and psychological examination, the Chief of Police shall make a determination whether to offer the applicant a conditional offer of employment, subject to successfully passing a medical examination. d) 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, 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 Board and shall submit a written report of the results of the examination to the City HR Manager. The applicant shall sign a waiver allowing the medical examination report to be reviewed by City HR Manger. If the medical examination reveals a condition that would prevent the applicant from performing essential job functions or duties of the position for which he or she is being considered, with or without reasonable accommodation, the City shall withdraw the conditional offer of employment. If no such condition exists, the City may extend a final offer of employment. The report of the examining physician is for the confidential use of the City, and shall not be made available to any other individual or organization unless authorized by the City. The applicant shall sign a waiver allowing the Board to provide the medical report to the Chief of Police the Department, or his designee, for review should a condition exist that required withdrawal of a conditional offer of employment as previously identified in these rules. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. SECTION 11 — REFUSAL TO SUBMIT TO PROFESSIONAL EXAMINATION. If an applicant refuses to submit to a background investigation, medical, psychological or polygraph examination required by the Board and City, the applicant's refusal to submit to such examination 11 shall be cause to eliminate the applicant's name from the Final Eligibility Register and from any further consideration for appointment. SECTION 12 — 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. SECTION 13 — PROBATIONARY APPOINTMENT OF NEW OFFICERS. a) All original appointments to the Department shall be for a probationary period of fifteen (15) months, except appointments that are hired as current certified Illinois Police Officers, in which the probationary period shall be 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 a newly appointed police officer shall commence as of the first date said individual reports for work with the Department. A signed reimbursement contract shall be on file with the City prior to or on the first date of employment. The employment of any probationary officer is at will and may be terminated, during the probationary period, by the Chief of Police, for any reason or no reason at all. b) Any person 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. c) 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. d) 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. Inability to successfully complete this course shall result in dismissal from the Department employment. CHAPTER IV — PROMOTIONAL EXAMINATIONS SECTION 1— GENERAL. 12 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. However, probationary police officers shall be ineligible to test for promotion during their probationary period. An officer must have served a minimum of three (3) years in the rank of patrol officer before being eligible for testing for the rank of sergeant. All promotions shall be made 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. The method of examination and the rules governing examinations for promotion are specified below. The Board shall strike off the names of applicants for promotional appointment after they have remained thereon for more than three (3) years, provided there is no vacancy existing which can be filled from the promotional eligibility list. For the purpose of determining that a vacancy exists, the Board must have received notice from the appropriate corporate authorities to fill an existing vacancy prior to the date the name(s) are to be stricken from a promotional eligibility list. Each weighted component of the examination process shall be based upon a scale of 1 to 100. a) The final Promotional Examination score shall be determined as follows: Examination Weight Passing Grade Written Test 40% Oral Interview/Assessment Center 45% Departmental Merit and Efficiency 10% N/A Seniority 5% %2 of a point per year for each full year of service as a police officer with the City of McHenry . Police Department not to exceed 5 points. * To be announced by the Board prior to conducting the examination and may vary based upon the examination or the testing agency used by the Board. b) Within 10 days of posting of the promotional eligibility register, upon written request of the applicants who are otherwise qualified, veteran's preference points shall be granted at the rate of 7/10 of a point for each year of active military service up to 3.5 total points. This request must be evidenced by a certified copy of the DD Form 214-Certificate of Release or Discharge from Active Duty. SECTION 2 — TOTAL SCORE. An applicant's total score shall consist of the combined scores of the merit/efficiency rating, written 13 examination and oral examination (minimum combined score of 75 points) plus seniority and veteran's preference points. 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. SECTION 3 — PROMOTIONAL VACANCY. Upon notice from the appropriate corporate authority that a promotional vacancy exists, the Board shall select the individual to be promoted in the manner specified in this chapter. CHAPTER V — POLICE OFFICER LATERAL ENTRY PROGRAM SECTION 1— DESCRIPTION. The Board may waive portions of the required examination for police applicants who have previously been full-time sworn officers in any municipal, county, university, State, or Federal law enforcement agency, provided they are certified or have the ability to be certified by the Illinois Law Enforcement Training and Standards Board and have been previously employed as a law enforcement officer within the last two years. SECTION 2 — APPLICATION FOR LATERAL ENTRY. Applications for lateral entry positions shall be on forms furnished by the City of McHenry and applicants must comply with the requirements of said form. Applicants for Lateral Entry shall have been awarded a certificate attesting to their successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act. Every applicant must be of good moral character, of temperate habits, of sound health and must be physically able to perform the essential job functions of the position applied for. Applicants must speak and understand English language sufficient to discharge the duties of police officer for the City of McHenry. The burden of establishing these facts rests upon the applicant. The applicant shall furnish with their application a copy of a Birth Certificate, High School Diploma or G.E.D. Certificate, and a copy of their certificate attesting to their successful completion of the Minimum Standards Basic Law Enforcement Training Course, as provided in the Illinois Police Training Act. If applicable, the applicant shall furnish any Military Service Records, including Discharge Papers (DD Form 214). Applicants shall also provide a certified copy of their accredited college transcripts associate's degree in criminal justice or law enforcement or bachelor's degree from an accredited college or university. 14 Any false statements, misrepresentations, or omissions, knowingly made by a person in an application for examination, connivance in any false statement made in any certificate, which may accompany such application or complicity in any fraud touching the same, shall be regarded as good cause for exclusion from the examination and bar to employment. SECTION 3 — AGE AND EDUCATION REQUIREMENTS. Age limitations do not apply to lateral entry applicants. Applicants of the lateral entry program must be a certified police officer as defined by the Illinois Police Training Act and have an Associate's Degree from an accredited college or university, or completed 60 hours at an accredited college or university. Provided, however, the college educational requirement will be waived 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 (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. SECTION 4 — NOTICE. A position announcement advertising the process will be placed a minimum of three (3) weeks prior to the scheduled testing process. Basic requirements and contact information will be provided in the position announcements. The Department shall continue to focus on recruiting the most qualified applicants with an emphasis on the Department's diversified hiring practices. SECTION 5 — HIRING PROCESS. Upon the request of the Chief of Police and approval of the Board, appointments to the position of Police Officer may be made through lateral appointment. The lateral appointment procedure includes the following phases: a) Completion of an employment application to the Police Commission b) A pre-screening of applicant c) Character background investigation d) Polygraph examination e) Oral interview — at convenience of Commission (70% minimum passing score) f) Post offer examinations including but not limited to: psychological evaluation, medical examination, vision screening and drug screening. Each phase of the process is pass/fail and required to proceed to the next. 15 SECTION 6 — LATERAL ENTRY PROGRAM ELIGIBILITY LIST. a) The Board shall prepare a police officer lateral entry program eligibility list at such time as the testing process is enacted by recommended need. The list will be active for twelve (12) months before being recreated, and may be extended with Board approval. Applicants can reapply annually. This list will be used in parallel to the eligibility list of applicants identified in Chapter III of these Rules. Applicants can be on both lists. Applicants will be rank ordered on the list, to a maximum of ten (10) individuals annually. No additions will be made to the list during the year. b) The applicant must be a full time police officer for 12 months in another law enforcement agency to apply. c) Out of state applicants must meet Illinois Law Enforcement Training Standards Board requirements. d) The Board will automatically add preference points to a lateral entry applicant's score prior to placement on the eligibility list as required by law. e) A dated copy of the lateral entry program eligibility list will be sent to each person appearing thereon. When applicants are stricken from the lateral entryprogram eligibility list, copies of the updated list will be sent to each person appearing on the list. SECTION 7 — PREFERENCE POINTS. Under §10-2.1-8 and §10-2.1-9 of the Act, any applicant who qualifies, or is otherwise entitled to military preference points shall be awarded five (5) points to their final grade average. To anyperson who is entitled to military preference points whose name appears on the register of lateral applicants, the Board shall add five (5) points upon request of applicant. 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. SECTION 8 — SELECTION. a) Applicants may be chosen from the lateral entry program eligibility list in accordance with these rules. b) In the case of a lateral entry applicant, a conditional offer of employment shall be made only to the most qualified applicant of the top five applicants on the lateral entry program eligibility list, but not necessarily the first person on the list, as determined by the Chief of Police or his designee, based upon an evaluation of the following qualifications at minimum: 1. Law enforcement experience; 2. Law enforcement training beyond the Basic Law Enforcement Course; 16 3. Training and experience in specialty law enforcement functions; 4. Background investigation; and 5. Oral interview. If the top applicant is not selected, the Chief of Police shall provide reasons for such selection. Selection is subject to final approval of the Board. c) If a conditional offer of employment is extended, a lateral entry applicant must pass a psychological examination, and a thorough medical examination (which shall include a drug screen and tests of the applicant's vision and hearing). Such examinations shall be without expense to the applicant. Examinations will be administered, scored, evaluated and interpreted in a uniform manner. No examinations shall contain questions regarding applicant's political or religious opinions or affiliations. d) The Chief of Police may conduct an exploratory discussion of matters identified by professional examinations and/or tests, which bear on the applicant's character and background. e) The Chief of Police may strike from the list of eligibles lateral applicants, any applicant who fails to meet the standards set forth for original entry. In addition, any person who is discovered to have made false representation in any document or examination or who aids in committing such fraud, to gain a position on the list shall be stricken from the lateral entry program eligibility list. SECTION 9 — PROFESSIONAL EXAMINATIONS AND TESTS. Applicants for appointment from the lateral entry program eligibility list 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. 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 to the most stringent level possible. a) Background Investigation. The Board 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. 17 The applicant shall furnish to the City at this point in time, if not already provided, a certified copy of their birth certificate and verification of high school diploma and, when applicable, certified copies of their military service record and discharge papers. In conducting this investigation, the Chief of Police or 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. b) Polyg_raph Test. The eligible applicant shall submit himself or herself for a polygraph examination by a licensed polygraph operator designated and compensated by the Board, at such time and place as the City 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 City HR Manager and Chief of Police. c) Psychological Examination. The applicant shall submit himself or herself for a psychological examination by a licensed psychologist designated and compensated by the Board, at such time and place as the City 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 City HR Manager and Chief of Police. The applicant shall sign a waiver allowing the psychological report to be reviewed by the Board and City Police Administration. Failure to sign such a waiver shall eliminate the applicant's name from the Final Eligibility Register and from any further consideration. Applicants who fail to pass the background investigation, polygraph or psychological examinations will be notified and removed from the lateral entry eligibility program list and eliminated from all further consideration. Upon the passing of the background investigation, polygraph and psychological examinations, the Chief of Police shall make a determination whether to offer the lateral applicant a conditional offer of employment, subject to successfully passing a medical examination. d) 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, 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 Board and shall submit a written report of the results of the examination to the City HR Manager. The applicant shall sign a waiver allowing the medical examination report to be reviewed by City HR Manger. If the medical examination reveals a condition that would prevent the applicant from performing essential job functions or duties of the position for which he or she is being considered, with or without reasonable accommodation, the City shall withdraw the conditional offer of employment. If no such condition exists, the City may extend a final offer of employment. The report of the examining physician is for the confidential use of the City, and shall not be made available to any other individual or organization unless authorized by the City. The applicant shall sign a waiver allowing the City HR Manager to provide the medical report to the Chief of Police of the Department, or his designee, for review should a condition exist that required withdrawal of a conditional offer of employment as previously identified in these rules. Failure to sign such a waiver shall disqualify the applicant from further consideration. SECTION 10 — APPOINTMENTS. Vacancies shall be filled by the Chief of Police in the manner that it deems to be in the best interest of the City. No applicant shall be eligible for appointment unless he or she has met all requirements previously listed. SECTION 11— PROBATIONARY APPOINTMENT. All lateral transfer appointments to the Department shall be for a probationary period of twelve (12) months, with the Chief of Police having the discretion to extend the probationary period an additional three months. The probationary period shall commence as of the first date said individual is sworn in with the Department. The employment of any probationary officer is at will and may be terminated, during the probationary period, by the Chief of Police, for any reason or no reason at all. CHAPTER VI — ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE SECTION 1— RANK. The order of rank in the Department shall be as provided by ordinance and municipal budget SECTION 2 — CLASSIFICATION. The Board classifies such offices in the police department for the purpose of establishing and 19 maintaining standards of examinations and promotions based upon job descriptions and departmental regulations. SECTION 3 — OATH OF OFFICE. Before entering duty, any person about to become a member of the Department, shall take the following oath, before any persona 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 the office of according to the best of my ability." CHAPTER VII — 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 provisions of this chapter. SECTION I — HEARING OF CHARGES. a) Hearing before the Board are not common law proceedings. The provisions of the "Code of Civil Procedure" do not apply to hearings before the Board. b) "Counsel" as used herein means: One who has been admitted to the bar as an attorney -at - law in this State. c) No rehearing, reconsideration, modification, vacation, or alteration of a decision of the Board shall be allowed. d) "Cause" is some substantial shortcoming which renders continuance in employment in some way detrimental to the discipline and efficiency of the public services and something which the law and sound public opinion recognizes as cause for the officer no longer occupying his position. The right to determine what constitutes cause is in the Board. e) The complainant or appellant initiating any proceedings which call for a hearing before the Board shall have the burden of proof to establish by a preponderance of the evidence that cause for discipline exists or that a suspension, previously imposed by the Chief of Police of the Department, is unwarranted. Should the question of a crime be involved, the rule of "reasonable doubt" shall not control. f) The phrase "preponderance of evidence" is defined as the greater weight of the evidence, that is to say, it rests with that evidence which, when fairly considered produces the stronger impression, and has a greater weight, and is more convincing as to its truth when weighted against the evidence in the opposition thereto. 20 g) All hearings shall be public, in accordance with the Open Meetings Act. h) At the time and place of hearing, both parties may be represented by counsel, if they so desire. i) All proceedings before the Board during the conduct of the hearing shall be recorded by a court reporter to be employed by the Board. j) The records of all hearings will not be transcribed by the court reporter unless requested to do so by the Board or any party of interest. k) All witnesses shall be sworn prior to testifying and the matter will be decided by the Board solely on evidence presented at the hearings. 1) The Board will first hear the witnesses either substantiating the charges which have been made against the respondent or in support of an appeal brought by a suspended police officer. Thereafter the other party may present and examine those witnesses whom he desires the Board to hear. All parties shall have the right to cross-examine witnesses presented by the opposite party. SECTION 2 — HEARING PROCEDURE. a) Complaints: In all cases, written complaints shall be filed in quintuple, setting forth a plain and concise statement of the facts upon which the complaint is based. b) Probable Cause: The Board shall have the right to determine whether there is or is not probable cause for hearing a complaint and may conduct such informal hearings as may be necessary for such purpose. c) Notification of Hearing: Upon the filing of a complaint in quintuple with the Secretary of the Board, and the determination by the Board of probable cause for entertaining said complaint, the Secretary of the Board shall notify both the complainant and the respondent, either by registered or certified mail, return receipt requested, or personally, of the time and place of the hearing of the charges contained in the complaint. The respondent shall also be served with a copy of the complaint, and if an Order of Suspension Pending a Hearing is entered by the Board, the responded, the complainant, the Chief of Police of the Department, the treasurer, comptroller, manager, or other finance officer of the municipality shall be notified of the entry of such Order of Suspension Pending a Hearing, and be served either personally or by registered or certified mail, return receipt requested, with a copy of such Order. d) Continuances: The matter of granting or refusing to grant a continuance of a hearing is within the discretion of the Board. e) Sufficiency of Charges: Motions or objections to the sufficiency of written charges must be filed or made prior to or at the hearing before the Board. SECTION 3 — SUBPOENAS. a) Any party to an administrative hearing may, at any time before the hearing, make application to the Board by filing with it a written request for subpoenas for any 21 individual to appear for a hearing or have them produce books, papers, records, accounts and other documents as may be deemed by the Board to be relevant to the hearing. On the filing of such application, subpoenas will be issued for the named persons. Subpoenas may be served by any person 21 years of age or older designated by the party requesting the subpoenas. Application for subpoenas should contain the names and addresses of the individuals to be subpoenaed, and the identity of any documents which they are to produce. Subpoenas will not be issued for anyone residing outside of the State of Illinois. b) Any request for continuance by reason of inability to serve subpoenas shall be filed in the office of the Board at least three (3) days before the date set for such hearing, provided, however, that the Board, in its discretion, may waive this rule. SECTION 4 — SERVICE. All papers required by these Rules and Regulations to be served shall be delivered personally to the party designated or mailed, by United States mail in an envelope properly addressed with postage prepaid, to the designated party at his last known residence as reflected by the complaint filed with the Board, except as herein otherwise provided. Proof of service of any paper may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt showing that a paper was mailed, by either registered or certified mail, return receipt requested, to a party's address where it was received by a named party. SECTION 5 — FILING. All papers may be filed with the Board by mailing them or delivering them personally to the Secretary of the Board at the City of McHenry, Illinois. For the purpose of these Rules and Regulations, the filing date of any paper shall be the date it was received in the Board's Office, in the event the paper is delivered personally or by messenger. In the event a paper is forwarded by mail, then the filing date shall be the date which is postmarked on the envelope of such paper. SECTION 6 — FORMS OF PAPER. a) All papers filed in any proceeding should be typewritten or printed and shall be on one side of the paper only. b) If typewritten, the lines shall be double spaced, except that long quotations maybe single spaced and indented. c) All papers shall not be larger than 8 %2" by 11" with inside margins of not less than one inch. d) The original of all papers filed shall be signed in ink by the party filing the paper or by an officer, agent, or attorney thereof and copies thereof provided the opposing party or his counsel. If papers are filed by an attorney, his name and address shall appear thereon. 22 SECTION 7 — COMPUTATION OF TIME. The time within which any act under these Rules and Regulations is to be done shall be computed by excluding the first day and including the last, unless the last day is Sunday or is a holiday as defined or fixed in any statute now or hereafter in force in the State, and then it shall also be excluded. If the day succeeding such Sunday or holiday is also a holiday or a Sunday then such succeeding day shall also be excluded. SECTION 8 — DATE OF HEARING. The time for the hearing of charges shall be set by the Board, within thirty (30) days of the time of the filing of such charges. Continuances maybe granted from time to time upon motion of any party to the proceedings by order of the Board. This time limitation is not applicable to hearings conducted to review suspensions of fifteen (15) days or less imposed by the Chief of Police. SECTION 9 — ALTERNATIVE DISCIPLINE. a) Upon a finding of cause, the Board may suspend for a period of time not exceeding thirty (30) days without pay, at any one time, or terminate the employment of any member of the Department who are not subject to the provisions of an applicable collective bargaining agreement, against whom charges have been filed, pending a hearing of the charges by the Board. b) In addition to the right to remove to lower ranks, the Chief of Police of the Department shall have the right to suspend any officer (who is not subject to the provisions of an applicable collective bargaining agreement), under his command for a period not to exceed fifteen (15) days, providing no charges on the same offense have been filed and are pending before the Board, and he shall notify the Board in writing within twenty-four (24) hours of the time of such suspension. Except for the Deputy Chief and Commander positions, any police officer removed to a lower rank or so suspended may appeal to the Board for a review of the removal to a lower rank or 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. A hearing shall be had upon such appeal, 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 his pay for the period involved, may suspend the employee for a period of not more than thirty (30) days or discharge him. 23 SECTION 10 — FINDINGS AND DECISION. The findings and decision of the Board, following a hearing of charges, shall be preserved by the Secretary of the Board, and notice of said finding and decision sent to the officer involved and the department head for enforcement. If the finding or decision is that an officer or employee is guilty of charges investigated, and demotion or discharge is ordered, such order of demotion or discharge shall become effective forthwith. SECTION 11— RULES — CONFLICT. The personnel who are subject to the provisions of this chapter shall be governed by the Rules as adopted by the Council and the Regulations of the Department as adopted by ordinance. In case of conflict, the Rules of the Council shall govern. SECTION 12 — LEAVE OF ABSENCE — PROBATIONARY PERIOD. If a leave of absence is granted by the City during a probationary period, such probationary period shall be tolled until the probationary employee returns from his leave of absence. W, SECTION B — POLITICAL CONTRIBUTIONS. No person in the Department of the City of McHenry, Illinois, shall be under any obligation to contribute any funds to render anypolitical service, and no such person shall do so or be removed or otherwise prejudiced for refusing to do so. No person in the Department of the City of McHenry, Illinois, shall discharge or promote or reduce, or in any manner change the official rank or compensation of any other person in such service, or promise or threaten so to do, for withholding or refusing to make any contribution of money or service or any other valuable thing for any political purpose, or in any other manner, directly or indirectly, use his official authority or influence to compel or induce any other person to pay or render any political assessment, subscription, contribution or service. P 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. Voting Ave* Wimmer, Condon, Peterson, Curry, Schaefer, Santi, Glab Voting Nay: None Abstaining: None Not Voting: None Absent: None APPROVED THIS 6th DAY OF DUNE 2016 Susan E. Low ATTEST