(A) Authorization. The Chief of Police may be suspended or discharged following the probationary period only for cause in accordance with the provisions set forth by this section.
(B) Allegations. Allegations for the suspension or discharge of the Chief of Police shall be verified in writing to the Corporate Authorities. The Corporate Authorities shall within ten days of the receipt of such allegations convene and determine by majority vote if from the allegations it appears there is probable cause to believe the allegations are worthy of suspension or discharge. If the majority of the Corporate Authorities find probable cause, the allegations shall be personally served upon the Chief of Police not less than 15 days to hearing with a copy filed with the Village Clerk.
(C) Hearing. A fair and impartial hearing shall be commenced not more than 30 days after written allegations for the suspension or discharge have been served upon the Chief of Police. The hearing shall be held before the Corporate Authorities who shall be designated as the hearing board with the President serving as the chairman. The hearing may be continued from time to time in the discretion of the Corporate Authorities for good cause shown. The President shall appoint a special prosecutor to bring the charges before the hearing board. The rules of evidence and conduct of said hearing shall be as consistent as possible with practice before administrative agencies. Motions or objections to the sufficiency must be filed or made prior to or at the hearing before the hearing board. The Chief of Police shall be entitled to counsel and a formal record of the proceedings shall be kept and all testimony shall be sworn and subject to cross-examination. In the conduct of the hearing, the President shall have the power to administer oaths and affirmations. The hearing board shall have the power to promulgate such other rules as they may deem necessary and proper.
(D) Cause. Cause is defined as some substantial shortcoming which renders continuance in employment in some way detrimental to the discipline and efficiency of public service and something which the law and sound public opinion recognize as cause for the Chief of Police no longer occupying his or her position, including any violation of the ordinances of the village or the laws of the state or the United States. The right to determine what constitutes cause is with the hearing board.
(E) Suspension pending hearing . The Corporate Authorities may by a majority vote suspend the Chief of Police pending the hearing with or without pay but not to exceed 30 days.
(F) Action of hearing board and Corporate Authorities. Any allegations must be proven against the Chief of Police by a preponderance of the evidence which is defined as the greater weight of the evidence and is more convincing as to its truth when weighed against the evidence in opposition thereto. If the Chief of Police is found guilty of the allegations by a majority of the hearing board, a majority of the Corporate Authorities may discharge or suspend the Chief of Police without pay for period of time as they determine to be warranted by the allegations. If the hearing board determines that the charges are not sustained, the Chief of Police shall be reimbursed for all wages and benefits withheld, if any. The findings and decision of the hearing board shall be preserved in writing and notice of said findings and decision mailed to the Chief of Police and his or her counsel.
(Ord. 1622, passed 5-17-10)