§ 262.08  AUTHORITY REGARDING FIRE AND POLICE PERSONNEL.
   (A)   Appointment. The Board of Fire and Police Commissioners shall appoint all officers and members of the Police and Fire Departments of the city in accordance with the requirements of ILCS Ch. 65, Act 5, §§ 10-2.1-1 et seq. as amended, and in accordance with these Codified Ordinances and the rules of the Board, as established under § 262.06.
   (B)   Examination of applicants. All applicants for a position in the Fire Department or Police Department shall be subject to the requirements, limitations and exceptions set forth in ILCS Ch. 65, Act 5, § 10-2.1-6.
   (C)   Notice of examinations. Notice of the time and place of any examination provided for in division (B) hereof shall be given by the Board by publication in the official newspaper of the city, and by posting the notice in a conspicuous place in the office of the Board and the headquarters of the Fire and Police Departments, for two weeks preceding the examination. If there is no official paper in the city, the publication may be made in any newspaper of general circulation published in the city.
   (D)   Register of eligible candidates; order of appointment. The Board shall prepare and keep a register of persons whose general average standing, upon examination, is not less than the minimum fixed by the rules of the Board and who are otherwise eligible for positions in the Fire and Police Departments. The persons shall take rank upon the register as candidates in the order of their relative excellence as determined by examination, without reference to priority of time of examination.
   (E)   Temporary appointments. The Board may, in order to prevent a stoppage of public business, to meet extraordinary exigencies or to prevent material impairment of the Police Department or the Fire Department, make a temporary appointment, to remain in force until a regular appointment may be made under the provisions of this chapter and not in any event to exceed 60 days.
   (F)   Suspension or removal.
      (1)   No officer or member of the Fire Department or the Police Department, who has been appointed thereto under the rules and examination provided for by this chapter, shall be removed or discharged, except for cause, upon written charges and after an opportunity to be heard in his or her own defense. The charges shall be investigated by the Board, and if the officer or member is found guilty, the Board may remove or discharge him or her or may suspend him or her for not more than ten days without pay. The Board may suspend any officer pending the investigation, but for not more than 30 days at any one time. In the conduct of the investigation, each member of the Board may administer oaths and affirmations, and the Board may secure, by its subpoena, both the attendance and testimony of witnesses and the production of books and papers relevant to the investigation. 
      (2)   Division (F)(1) hereof does not apply to the discipline by suspension or removal of persons holding exempt ranks in the Police Department from exempt rankings, and is further subject to the rules and regulations of the Police Department, as set forth in an unnumbered ordinance passed April 24, 1978.
   (G)   Promotions.
      (1)   The Board shall, by its rules, provide for promotions in the Fire and Police Departments on the basis of ascertained merit and seniority in service and examination, and shall provide in all cases, where it is practical, that vacancies are filled by promotion. All examinations for promotion shall be competitive among members of the next lower rank who wish to submit themselves to the examination, and all promotions shall be made from the three members having the highest rating. The method of examination and selection of persons for promotions in the Police Department shall be according to rules and regulations of the Police Department, as set forth in an unnumbered ordinance passed April 24, 1978, and the rules of the Board. The method of examination and selection of persons for promotion in the Fire Department shall be according to the rules of the Board, the rules to be consistent with the procedures and criteria set forth in that portion of the October 28, 1993, Collective Bargaining Agreement between the Berwyn Firefighters Association Local 506 and the city, which is attached to original Ordinance 94-30, passed July 12, 1994, as Exhibit A, and incorporated herein by reference.
      (2)   The Board shall, however, appoint the Fire Department position of tillerman on the basis of seniority and not on the basis of competitive examination. As used in this division, TILLERMAN means a firefighter who performs those duties defined by the Chief associated with operating the tiller on the rear of the ladder truck.
(Ord. passed 9-8-1975; Ord. passed 4-24-1978; Ord. 94-30, passed 7-12-1994)