Except as hereinafter provided, no officer of the police department shall be removed or discharged except for cause, upon written charges, and after an opportunity to be heard in his own defense, but the chief of police may be removed or discharged by the village board.
A. The board of police commissioners shall conduct a fair and impartial hearing of the charges, to be commenced within thirty (30) days of the filing thereof, which hearing may be continued from time to time.
B. In case an officer is found guilty, the board may discharge him, or may suspend him not exceeding thirty (30) days without pay. The board may suspend any officer pending the hearing with or without pay, but not to exceed thirty (30) days. If the board of police commissioners determines that the charges are not sustained, the officer shall be reimbursed for all wages withheld, if any.
C. In the conduct of the hearing, each member of the board shall have power to administer oaths and affirmations, and the board shall have power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing.
D. The provisions of the administrative review law and all amendments and modifications thereof, and the rules adopted pursuant thereto, shall apply to and govern all proceedings for the judicial review of final administrative decisions of the board of police commissioners hereunder.
E. Nothing in this section shall be construed to prevent the chief of the police department from suspending without pay a member of his department for a period of not more than five (5) calendar days, but he shall notify the board in writing of such suspension. Any officer so suspended may appeal to the board of police commissioners for a review of the suspension within five (5) calendar days after such suspension, and upon such appeal, the board may sustain the action of the chief of the department, may reverse it with instructions that the officer receive his pay for the period involved, or may suspend the officer for an additional period of not more than thirty (30) days or discharge him, depending upon the facts presented. (Ord. 2001-9-2, 9-12-2001)