(a) Definitions. For the purposes of this section, the following words and terms shall have the following meanings:
(1) "Officer" means a hired member of the City Police Department who is not subject to the terms of a collective bargaining agreement. Notwithstanding the foregoing, the term "officer" shall not include the Chief of Police.
(2) "Residence" means a dwelling place used as a home, located within fifteen radius miles of the City Police Station, and includes single-family dwellings, rental apartments and property, mobile homes, condominiums, and dwelling units in multifamily, multi-dwelling or multipurpose buildings.
(3) "Resident" means an officer who occupies a residence, as hereinbefore defined, as his or her principal place of residence and abode.
(b) Residency Required.
(1) Each and every officer, unless otherwise exempted by subsection (c) below, who is designated with the following rank and/or title shall be a resident as that term is defined in subsection (a) hereof and shall maintain resident status during his or her period of employment:
A. Deputy chief of the Police Department; and
B. Lieutenants of the Police Department; and
C. Sergeants of the Police Department.
(2) Any person who serves as the Chief of Police shall be required to reside within the corporate limits of the City during his or her term of office pursuant to Section 240.04.
(c) Exemptions.
(1) Grace period. Any officer hired to any rank and/or title listed in subsections (b) of this section after the effective date of the ordinance codified in this section, who is not a resident as of the effective date of appointment or hiring, shall be allowed a period of six months in which to become a resident. The six-month term can be extended by another six months upon approval of the City Manager. Notice of this residency requirement must be acknowledged in writing by the newly hired officer at the time of hiring.
(2) Any officer holding any rank and/or title listed in subsection (b)(1) of this section prior to the effective date of the ordinance codified in this section, with established residency within twenty radius miles of the police station, can maintain that residency at the previously established address however, in the event that the officer moves, that officer must comply with the fifteen mile radius residency requirements of this section.
(3) In the case of a promotion to one of the ranks and/or titles listed in subsection (b)(1) of this section, by a police officer, who was a member of the Police Department prior to the effective date of the ordinance codified in this section, such police officer may maintain their established residence as of effective date of this ordinance provided such residence is within twenty-five radius miles of the police station. However, in the event that the officer moves, that officer must comply with the fifteen mile radius residency requirements of this section.
(4) The residency requirement shall not apply to and be imposed upon an auxiliary police officer as that position is defined by 65 ILCS 5/3.1-30-21, as amended.
(5) The residency requirement shall not apply to and be imposed upon a part-time police officer as that position is defined by 65 ILCS 5/3.1-30-21, as amended.
(6) Police officers who are subject to a collective bargaining agreement shall be subject to the residency requirements set forth in the collective bargaining agreement.
(d) Anti-Discrimination. The residency requirement of this section shall not be utilized in any manner to discriminate against person in appointment, hiring, or discharge, nor to the deprivation of any person's civil rights.
(e) Violation-Penalty. Any officer violating any provision of this section is subject to the discipline of suspension (without pay, until the officer is in compliance with this section), or discharge/termination.
(Ord. 2019-37. Passed 7-15-19.)