CHAPTER 4
BOARDS AND COMMISSIONS
ARTICLE I - PLAN COMMISSION
4-1-1 ESTABLISHED. A Plan Commission is hereby created under authority of the Illinois Compiled Statutes, Chapter 65, Sections 5/11-12-4 through 5/11-12-12.
4-1-2 MEMBERSHIP. The Plan Commission shall consist of seven (7) members; appointed by the Mayor on the basis of their particular fitness for their duty on the Plan Commission and subject to the approval of the City Council.
4-1-3 TERM OF OFFICE. The members shall serve for a period of three (3) years. Vacancies shall be filled by appointment for the unexpired term only. All members of the Commission shall serve without compensation, except that if the City Council deems it advisable, they may receive such compensation as provided by the City Council by appropriation.
4-1-4 PROCEDURE. The Plan Commission shall elect such officers as it may deem necessary and adopt rules and regulations of organization and procedure consistent with the City Code and State Law. The Commission shall keep written records of its proceedings. It shall be open at all times for and to the inspection of the public, and the Commission shall file an annual report with the Mayor and City Council, setting forth its transactions and recommendations.
4-1-5 POWERS AND DUTIES. The Plan Commission shall have the following powers and duties:
(A) To prepare and recommend to the City Council a comprehensive plan for the present and future development or redevelopment of the City and contiguous unincorporated territory not more than one and one-half (1 1/2) miles beyond the corporate limits of the City and not included in any other municipality. Such plan may be adopted in whole or in separate geographical or functional parts, each of which, when adopted, shall be the official comprehensive plan or part thereof of the City. Such plan shall be advisory, except as to such part thereof as has been implemented by ordinances duly enacted by the City Council.
All requirements for public hearing, filing of notice of adoption with the County Recorder of Deeds, and filing of the plan and ordinances with the City Clerk shall be complied with as provided for by law. To provide for the health, safety, comfort, and convenience of the inhabitants of the City and contiguous territory, such plan or plans shall establish reasonable standards of design for subdivisions and for resubdivisions of unimproved land and of areas subject to redevelopment in respect to public improvements as herein defined and shall establish reasonable requirements governing the location, width, course, and surfacing of public streets and highways, alleys, ways for public service facilities, curbs, gutters, sidewalks, street lights, parks, playgrounds, school grounds, size of lots to be used for residential purposes, storm water drainage, water supply and distribution, sanitary sewers, and sewage collection and treatment. The requirements specified herein shall become regulatory only when adopted by law.
(B) To designate land suitable for annexation to the City and the recommended zoning classification for such land upon annexation.
(C) To recommend to the City Council, from time to time, such changes in the comprehensive plan or any part thereof, as may be deemed necessary.
(D) To prepare and recommend to the City Council, from time to time, plans and/or recommendations for specific improvements in pursuance to the official comprehensive plan.
(E) To give aid to the officials of the City charged with the direction of projects for improvements embraced within the official plan or parts thereof, to further the making of such improvements and generally, to promote the realization of the official comprehensive plan.
(F) To arrange and conduct any form of publicity relative to its activities for the general purpose of public understanding.
(G) To cooperate with municipal or regional plan commissions and other agencies or groups to further the local plan program and to assure harmonious and integrated planning for the area subject to approval of the City Council.
(H) To exercise such other powers germane to the powers granted under authority of an act of the General Assembly of the State of Illinois, as may be conferred by the City Council.
4-1-6 LAND SUBDIVISION OR RE-SUBDIVISION AND THE OFFICIAL MAP. At any time or times before or after the formal adoption of the official comprehensive plan by the corporate authorities, an official map may be designated by ordinance, which may consist of the whole area included within the official comprehensive plan or one or more geographical or functional parts and may include all or any part of the contiguous unincorporated area within one and one-half (1 1/2) miles from the corporate limits of the City. All requirements for public hearing, filing notice of adoption with the County Recorder of Deeds and filing of the plan and ordinances, including the official map with the Clerk shall be complied with as provided for by law. No map or plat of any subdivision or re-subdivision presented for record affecting land within the corporate limits of the City or within contiguous territory which is not more than one and one-half (1 1/2) miles beyond the corporate limits shall be entitled to record or shall be valid unless the subdivision shown thereon provides for standards of design and standards governing streets, alleys, public ways, ways for public service facilities, street lights, public grounds, size of lots to be used for residential purposes, and distribution, sanitary sewers, and sewage collection and treatment in conformity with the applicable requirements of the Code, including the official map. (See 65 ILCS Sec. 5/11-12-12)
4-1-7 IMPROVEMENTS. The City Clerk shall furnish the Plan Commission for its consideration, a copy of all ordinances, plans and data relative to public improvements of any nature. The Plan Commission may report in relation thereto, if it deems a report necessary or advisable, for the consideration of the City Council.
4-1-8 FURTHER PURPOSES. The Commission shall recommend the boundaries of districts for land use and shall recommend regulations to the corporate authorities for the following:
(A) To regulate and limit the height and bulk of buildings hereafter to be erected.
(B) To establish, regulate and limit the building or setback lines on or along the street, traffic way, drive, parkway, or storm or flood water runoff channel or basin.
(C) To regulate and limit the intensity of the use of lot areas and to regulate and determine the area of open spaces, within and surrounding such buildings.
(D) To classify, regulate and restrict the location of trades and industries and the location of buildings designed for specified industrial, business, residential, and other uses.
(E) To divide the entire municipality into districts of such number, shape, area, and of such different classes (according to use of land and buildings, height, and bulk of buildings, intensity of the use of lot area, area of open spaces, or other classification), as may be deemed best suited to carry out the purpose of this Section.
(F) To fix standards to which buildings or structures therein shall conform.
(G) To prohibit uses, buildings, or structures incompatible with the character of such districts.
(H) To prevent additions to and alteration or remodeling of existing buildings or structures in such a way as to avoid the restrictions and limitations lawfully imposed under this Section.
4-1-9 EXPENDITURES. Expenditures of the Commission shall be at the discretion of the City Council and if the Commission shall deem it advisable to secure technical advice or services, it shall be done upon authority of the City Council and appropriations by the City Council therefor. (See 65 ILCS Sec. 5/11-12)
ARTICLE II – ECONOMIC AND LAND DEVELOPMENT COMMISSION
4-2-1 COMMISSION ESTABLISHED, MEMBERS, QUALIFICATIONS. There is hereby established an Economic and Land Development Commission in and for the City. The Economic and Land Development Commission shall be composed of eleven (11) members who shall be appointed by the Mayor with the consent of the City Council.
Members must reside within the City limits and shall be at least twenty-one (21) years of age and registered voters. Members shall not be paid compensation for serving on the Economic and Land Development Commission. (Ord. No. 979; 06-10-91)
4-2-2 APPOINTMENT, TERMS OF OFFICE. Initially the Mayor, with the consent of the Council, shall appoint to the Economic and Land Development Commission nine (9) members for two (2) year terms and two (2) members for one (1) year terms. Thereafter, all members shall be appointed for three (3) year terms. Terms shall be from May 15 to May 14 of the following year.
4-2-3 VACANCIES IN OFFICE. Vacancies shall occur on the Commission for any of the following:
(A) A member fails to meet the qualifications.
(B) A member dies or is disabled; disabled being the inability to function in a manner for service to the Commission, that being medically determined or court adjudicated regarding competency.
(C) A member is removed by action of the corporate authorities. Removal shall be only if both the Commission and the City Council do so by simple majority voting.
(D) A member fails to attend the regular meetings of the Commission without an excused absence and the majority of the Commission recommends removal.
4-2-4 POWERS OF THE COMMISSION. The Economic and Land Development Commission shall have the following powers, subject to prior Council approval:
(A) To develop an industrial park and to do all matters and things in connection therewith;
(B) To develop City-owned properties within the City limits and within five (5) miles of the City limits;
(C) To construct, acquire by gift or purchase, reconstruct, improve, better or extend in the Commission’s corporate capacity any industrial building within the City limits or partially within and partially without the City limits not exceeding five (5) miles from the City limits, and to acquire by gift or purchase lands or rights in connection therewith, in the name of the City;
(D) To cause to be sold, leased, rented, conveyed, transferred or donated any property acquired by the Commission;
(E) To employ such personnel as the Commission deems necessary (such as engineers, consultants, etc.);
(F) To promote, encourage and assist the City Council in the industrial, civic, economic, financial and commercial development of the City;
(G) To exercise any other such powers and authority reasonably necessary to accomplish the purposes of the Commission; and
(H) To pass bylaws not inconsistent with the provisions of this Chapter, and may provide for therein, but not be limited to, the following:
(1) For regular meeting days;
(2) For the removal of members for failing to attend regular meetings;
(3) For the election of officers and establishment of committees;
(4) For a method of voting and the number necessary for a quorum; and
(5) For the procedure to amend the bylaws of the Commission.
4-2-5 ANNUAL BUDGET. The Economic and Land Development Commission shall submit to the Finance Committee of the City Council, on or before April 1 of each year, its proposed yearly operating budget to be included in the budget for the City. The City Council shall determine the final yearly operating budget for the Commission. The Economic and Land Development Commission shall adhere to the requirements as outlined in the open meetings act.
ARTICLE III – HISTORIC PRESERVATION COMMISSION
4-3-1 PURPOSE. The purpose of this Article is to promote the protection, enhancement, perpetuation, and use of improvements of special character or historical interest or value in the interest of the health, prosperity, safety and welfare of the people of the City by:
(A) Providing a mechanism to identify and preserve the historic and architectural characteristics of Staunton which represent elements of the City’s cultural, social, economic, political and architectural history;
(B) To promote civic pride in the beauty and noble accomplishments of the past as represented in Staunton’s landmarks and historic districts;
(C) Stabilizing and improving the economic vitality and value of Staunton’s landmarks and historic areas;
(D) Protecting and enhancing the attractiveness of the City to have buyers, visitors and shoppers and thereby supporting business, commerce, industry, and providing economic benefit to the City; and
(E) Fostering and encouraging preservation, restoration of structures, areas and neighborhoods and thereby preventing future urban blight.
4-3-2 COMMISSION ESTABLISHED; APPOINTMENT. The Staunton Historic Preservation Commission shall consist of seven (7) voting members, residents of the City, appointed by the Mayor and approved by the City Council. One (1) of the members shall be a member of the Main Street Design Committee. The remaining members shall be appointed on the basis of expertise, experience or interest in the area of architectural history, building construction or engineering, finance historical and architectural preservation, neighborhood organizing or real estate.
4-3-3 TERMS OF OFFICE. Members of the Commission shall be appointed for terms of three (3) years. Of those members first taking office, two (2) shall be appointed for one (1) year, three (3) for two (2) years, and two (2) for three (3) years. No members shall serve more than two (2) successive three (3) year terms. Alternate members shall be appointed to serve in the absence of or disqualification of the regular members. Vacancies shall be filled for the unexpired term only. Members shall serve without compensation.
4-3-4 OFFICERS. Officers shall consist of a chairman, vice-chairman, and a secretary elected by the Preservation Commission who shall serve a term of one (1) year and shall be eligible for re-election, but no members shall serve as an officer for more than two (2) consecutive years. The Chairman shall preside over meetings. In the absence of the Chairman, the Vice-Chairman shall perform the duties of the Chairman. If both are absent, a temporary chairman shall be elected by those present. The Secretary of the Preservation Commission shall have the following duties:
(A) Take minutes of each Preservation Commission meeting;
(B) Be responsible for publication and distribution of copies of the minutes, reports, and decisions of the Preservation Commission to the members of the Preservation Commission;
(C) Give notice as provided herein or by law for all public hearings conducted by the Preservation Commission;
(D) Advise the Mayor of vacancies on the Preservation Commission and expiring terms of members; and
(E) Prepare and submit to the City Council a complete record of the proceedings before the Preservation Commission on any matter requiring Council consideration.
4-3-5 QUORUM. A quorum shall consist of a majority of the members. All decisions or actions of the Historic Preservation Commission shall be made by a majority vote of those members present and voting at any meeting where a quorum exists. Meetings shall be held at regularly scheduled times to be established by resolution of the Commission at the beginning of each calendar year or at any time upon the call of the Chairman. There shall be a minimum of four (4) meetings per year.
All meetings of the Preservation Commission shall be open to the public. The Preservation Commission keeps minutes of its proceedings, showing the vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the Preservation Commission and shall be a public record.
4-3-6 RESPONSIBILITIES. The responsibilities of the Preservation Commission shall be as follows:
(A) To adopt its own procedural regulations;
(B) To conduct an ongoing survey to identify historically and architecturally significant properties, structures and areas;
(C) To investigate and recommend to the City Council to adopt procedures to protect properties or structures having special historic, community, or architectural value;
(D) To determine an appropriate system of markers and make recommendations for the design and implementation of specific markings of properties or structures which have special historic, community, or architectural value;
(E) To advise property owners on physical and financial aspects of preservation, renovation, rehabilitation, and reuse, and on procedures for inclusion on the State or National Register of Historic Places;
(F) To inform and educate the citizens of Staunton concerning the historic and architectural heritage of the City by publishing appropriate maps, newsletters, brochures, and pamphlets, and by holding programs and seminars;
(G) To accept and administer on behalf of the City, upon designation by the City Council, such gifts, grants and moneys as may be appropriate for the purpose of this Article;
(H) To call upon available City staff members as well as other experts for technical advice;
(I) To testify before all boards and commissions, including the Zoning Board of Appeals, on any matter affecting historically and architecturally significant properties; and
(J) To periodically review the Zoning Code and to recommend to the City Council any amendment appropriate for the protection and continued use of historically or architecturally significant properties.
4-3-7 CONDUCT SURVEY AND RESEARCH. The Historic Preservation Commission shall undertake an ongoing survey and research effort in the City to identify neighborhoods, areas, sites, structures, and objects that historic, community, architectural, or aesthetic importance, interest, or value. As part of the survey, the Historic Preservation Commission shall review and evaluate any prior surveys and studies by any unit of government or private organization and compile appropriate descriptions, facts, and photographs. The Historic Preservation Commission shall identify significant structures based upon the following criteria:
(A) Architecturally or historically significant properties in one identifiable neighborhood or district geographical area of the City;
(B) Association with a particular person, event, or historical period;
(C) Representation of a particular architectural style or school, or of a particular architect, engineer, builder, designer or craftsman; and
(D) Such other criteria as may be adopted by the Preservation Commission to assure systematic survey of all significant properties within the City.
(Ord. No. 1156; 12-13-99)
ARTICLE IV
POLICE PENSION BOARD
4-4-1 BOARD ESTABLISHED. Pursuant to the provisions of and as required by Article 3 of the Illinois Pension Code for municipalities with a population of five thousand (5,000) or more but less than five hundred thousand (500,000) inhabitants, a Police Pension Fund is established for the benefit of police officers of the Police Department and their surviving spouses, children and certain other dependents, as provided in the aforesaid Illinois Pension Code. (See 40 ILCS 5/3-101 et seq.)
4-4-2 TERMS. The terms used in this Article have the meanings ascribed to them in this Section:
(A) “Board” means the Board of Trustees of the Police Pension Fund of the City of Staunton.
(B) “Police Officer” means any person who:
(1) is appointed to the police force of the police department and sworn and commissioned to perform police duties;
(2) is found upon examination of a duly licensed physician or physicians selected by the Board to be physically and mentally fit to perform the duties of a police officer; and
(3) within three (3) months after receiving his or her first appointment, and if reappointed within three (3) months thereafter, makes written application to the Board to come under the provisions of this Ordinance and Article 3 of the Illinois Pension Code.
(C) “Salary” means the annual salary, including longevity, attached to the police officer’s rank, as established by the City’s appropriation ordinance, including any compensation for overtime which is included in the salary so established, but excluding any “overtime pay”, “holiday pay”, “bonus pay”, “merit pay”, or any other cash benefit not included in salary so established.
4-4-3 PENSION FUNDS. The Police Pension Fund shall consist of the following moneys which shall be set apart by the Treasurer of the City.
(A) All moneys derived from the taxes levied under Article 3 of the Illinois Pension Code (See 40 ILCS 5/3-101 et seq.);
(B) Contributions by police officers under 40 ILCS 5/3-125.1;
(C) All moneys accumulated by the City under any previous legislation establishing a fund for the benefit of disabled or retired police officers;
(D) Donations, gifts or other transfers authorized by 40 ILCS 5/3-101 et seq.
4-4-4 TAX LEVY. The City Council shall annually levy and tax upon all the taxable property of the City at the rate on the dollar which will produce an amount which, when added to the deductions from the salaries or wages of police officers, and revenues available from other sources, will equal a sum sufficient to meet the annual requirements of the police pension fund. The annual requirements to be provided by such tax levy are equal to:
(A) the normal cost of the pension fund for the year involved, plus
(B) the amount necessary to amortize the fund’s unfounded accrued liabilities as provided by 40 ILCS 5/3-127.
The tax shall be levied and collected in the same manner as the general taxes of the City, and in addition to all other taxes now or hereafter authorized to be levied upon all property within the City.
4-4-5 EMPLOYEE CONTRIBUTION. Each police officer shall contribute to the police pension fund 9.91 percent of his or her salary which shall be deducted monthly. However, the Chief of Police may elect to participate in the Illinois Municipal Retirement Fund rather than in the fund created under this Ordinance. Such election shall be irrevocable, and shall be filed in writing, with the Board.
4-4-6 BOARD MEMBERSHIP. A Board of five (5) members shall constitute a Board of Trustees to administer the Police Pension Fund and to designate the beneficiaries thereof. The Board shall be known as the “Board of Trustees of the Police Pension Fund of the City of Staunton”.
Two (2) members of the Board shall be appointed by the Mayor, one of whom shall serve for one (1) year beginning on the second (2nd) Tuesday in May after the Municipality comes within the provisions of Article 3 of the Illinois Pension Code. The other appointed member shall serve for two (2) years beginning on the same date. The successors to each of the foregoing trustees shall serve for two (2) years each or until their successors are appointed and qualified.
Two (2) members of the Board shall be elected from the active participants of the pension fund by such active participants. One (1) member of the Board shall be elected by and from the beneficiaries. The election of these Board members shall be held biennially on the third (3rd) Monday in April, at such place or places in the City of Staunton and under the Australian ballot system and such other regulations as shall be prescribed by the appointed members of the Board.
The active pension fund participants shall be entitled to vote only for the active participant members of the Board. All beneficiaries of legal age may vote only for the member chosen from among the beneficiaries. No person shall be entitled to cast more than one ballot at such election. The term of elected members shall be two (2) years, beginning on the second (2nd) Tuesday of the first May after the election. (See 40 ILCS 5/3-101 et seq.)
4-4-7 VACANCIES AND RESIGNATIONS. Upon the death, resignation, or inability to act of any elective Board member, his or her successor shall be elected for the unexpired term at a special election, to be called by the Board and conducted in the same manner as the regular biennial election.
4-4-8 COMPENSATION. Members of the Board shall neither receive nor have any right to receive any salary from the pension fund for services performed as trustees in that office.
4-4-9 QUARTERLY MEETINGS. The Board shall hold annually regular quarterly meetings in July, October, January and April, and special meetings as called by the President.
At the regular July meeting, the Board shall select from its member a president, vice-president, secretary, and assistant secretary to serve for one (1) year and until their respective successors are elected and qualified.
4-4-10 VICE-PRESIDENT’S DUTIES. The Vice-President shall perform the duties of presiden6t during any vacancy in that office, or during the president’s absence from the City, or if he or she is by reason of illness or other causes unable to perform the duties of the office.
The assistant secretary shall act for the secretary whenever necessary to discharge the functions of such office.
4-4-11 POWERS AND DUTIES. The Board shall have the powers and duties provided under Article 3 of the Illinois Pension Code, including those powers and duties stated in 40 ILCS 5/3-132 through 5/3-140.1 of said Code.
4-4-12 ANNUAL STATEMENTS. On the second (2nd) Tuesday in May annually, the Treasurer and all other officials of the City who had the custody of any pension funds herein provided, shall make a sworn statement to the Pension Board, and to the Mayor and City Council of all moneys received and paid out by them on account of the pension fund during the year, and of the amount of funds then on hand and owing to the pension fund. All surplus then remaining with any official other than the Treasurer shall be paid to the Treasurer of the City. Upon demand of the Pension Board, any official shall furnish a statement relative to the official method of collection or handling of the pension funds. All books and records of that official shall be produced at any time by him for examination and inspection by the Board.
4-4-13 REPORT TO CITY COUNCIL. The Board shall report to the City Council on the condition of the pension fund. The report shall be made prior to the City Council meeting held for the levying of taxes for the year for which the report is made.
The Board shall certify:
(A) the assets in its custody at such time;
(B) the estimated receipts during the next succeeding calendar year from deductions from the salaries of police officers, and from all other sources; and
(C) the estimated amount required during said calendar year to:
(1) pay all pensions and other obligations provided in this Article and in Article 3 of the Illinois Pension Code; and
(2) to meet the annual requirements of the fund as provided in Section 4-3-4 hereinabove.
4-4-14 ILLINOIS PENSION CODE ADOPTED. Article 3 of the Illinois Pension Code is incorporated by reference herein. In case of any conflict between this Code and said Article, the applicable provisions of said Article shall control, and as said Code is amended from time to time, the provisions hereof, insofar as any variance may develop therefrom, if any, shall automatically be construed so as to conform therewith. (See 40 ILCS 5/3-101 et seq.)
(Ord. No. 1190; 12-10-01)
ARTICLE V
BOARD OF POLICE COMMISSIONERS
4-5-1 BOARD ESTABLISHED. Pursuant to the provisions of and as required by Division 2.1 of Article 10 of the Illinois Municipal Code for municipalities with a population of five thousand (5,000) and not more than two hundred fifty thousand (250,000), a Board of Police Commissioners consisting of three (3) persons is established for the City. (See 65 ILCS 5/10-2.1-1 et seq.)
4-5-2 APPOINTMENT. Within thirty (30) days after this Article becomes effective, the Mayor shall appoint the first members of the Board of Police Commissioners. One of the members shall be appointed to serve until the end of the then current municipal year, another to serve until the end of the municipal year next ensuing, and the third to serve until the municipal year second next ensuing. Every member shall serve until his successor is appointed and has qualified.
4-5-3 TERM OF OFFICE. Subsequent appointments to the Board of Police Commissioners shall be made by the Mayor with the advice and consent of the City Council. Subsequent appointments shall be for a term of three (3) years and until their respective successors are appointed and have qualified. No such appointment, however, shall be made by any Mayor within thirty (30) days before the expiration of his term of office.
4-5-4 CHAIRMAN ELECTED. The members of the Board of Police Commissioners shall elect a Chairman to serve during the municipal fiscal year.
4-5-5 QUORUM. A majority of the Board of Police Commissioners shall constitute a quorum for the conduct of all business.
4-5-6 OATH AND BOND. The members of the Board shall be considered officers of the City and shall file an oath and a fidelity bond in such amount as may be required by the governing body of the City.
4-5-7 CONFLICTING OFFICES. No person holding an office of the City shall be a member of the Board of Fire and Police Commissioners or the secretary thereof. The acceptance of any such office by a member of the Board shall be treated as a resignation of his office as a member of the Board of Police Commissioners or the secretary thereof. No person shall be appointed a member of the Board of Police Commissioners who is related, either by blood or marriage up to the degree of first cousin, to any elected official of the City. No more than two (2) members of the Board shall belong to the same political party existing in the City at the time of such appointments and as defined in Section 10-2 of the Election Code, 10 ILCS 5/10-2. If only one or no political party exists in the City at the time of such appointments, then state or national political party affiliation shall be considered in making such appointments. Party affiliation shall be determined by affidavit of the person appointed as member of the Board.
4-5-8 REMOVAL FROM OFFICE. Members shall not be subject to removal, except for cause, upon written charges and after an opportunity to be heard within thirty (30) days their own defense, before a regular meeting of the City Council. A majority vote of the elected members of the City Council shall be required to remove any such member from office.
4-5-9 EMPLOYMENT OF SECRETARY. The Board shall designate one of its own members to act as secretary. The secretary:
(A) shall keep the minutes of the Board proceedings,
(B) shall be the custodian of all records pertaining the business of the Board,
(C) shall keep a record of all examinations held,
(D) shall perform all other duties the Board prescribes and
(E) shall be custodian of the seal of the Board, if one is adopted, and the Board is hereby authorized to adopt an official seal and to prescribe the form thereof by resolution of the Board.
4-5-10 POWERS OF BOARD. The Board of Police Commissioners shall have the powers set forth in Division 2.1 of Article 10 of the Illinois Compiled Statutes (65 ILCS 5/10-2.1-1 et seq.) including the following:
(A) to appoint all officers and members of the police department, except the Chief of Police;
(B) to discipline, suspend, remove, or discharge officers and members of the police department, except the Chief of Police;
(C) to conduct hearings on charges brought against a member of the police department, except the Chief of Police.
Nothing in this Section shall be construed to prevent the Chief of Police from suspending, without pay, a member of the police department for a period of not more than five (5) calendar days, which right is hereby granted to the Chief of Police.
Notice of any such suspension shall be given to the Board of Police Commissioners and shall be subject to review as provided in 65 ILCS 5/10-2.17.
4-5-11 APPOINTMENT OF CHIEF. The Chief of Police shall be appointed by the Mayor with the advice and consent of the City Council and may be removed or discharged by the Mayor upon confirmation by the City Council as set forth in 65 ILCS 5/10-2.1-4. All other full-time police officers shall be appointed, promoted, removed or discharged in the manner provided in Division 2.1 of Article 10 of the Illinois Municipal Code. (See 65 ILCS 5/10-2.1-1 et seq.)
4-5-12 ADOPTION OF RULES AND REGULATIONS. The Board of Police Commissioners shall adopt and publish rules and regulations to carry out the purpose of Division 2.1 of Article 10 of the Illinois Municipal Code and to govern appointments and removals in accordance with the provisions of said statute. Such rules and regulations shall be adopted according to the procedure required by 65 ILCS 5/10-2.1-5. The Board of Police Commissioners, from time to time, may revise such rules and regulations in the same manner as for the adoption of the original rules and regulations. No such rule or regulation shall be made by the Board of Police Commissioners to govern the operation of the police department or the conduct of its members.
4-5-13 CITY ATTORNEY REPRESENTS BOARD. The City Attorney shall represent the Board and shall handle prosecutions before the Board.
4-5-14 APPLICATION OF LAW. This Article shall apply only to full-time policemen of the City and not to any other personnel of any kind or description.
4-5-16 STATUTES ADOPTED. Division 2.1 of Article 10 of the Illinois Municipal Code, as amended, (65 ILCS 5/10-2.1-1 et seq.), is hereby incorporated in and made part of this law the same as if recited herein verbatim. In case of any conflict between the provisions of this Article and said Division, said Division shall control. If and as said Division is amended, from time to time, the provisions of this Article in conflict with said Division as a result of said amendment, shall be construed as having been amended by the Amendment to the Division and shall be read, construed and applied in accordance with the provisions of said Amended Division. (See 65 ILCS 5/10-2.1-1 et seq.)
(Ord. No. 1191; 12-10-01)
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