There is hereby created the office of director of police, a position commonly referred to as chief of police, a civilian position exempt from appointment by the board of fire and police commissioners and deemed a confidential supervisory position. The director of police shall be the supervisory head of the police department and responsible for its general administrative operation and control. The director of police shall have the powers and perform the duties of chief of police as prescribed by the ordinances of the village, laws of the state and rules and regulations of the department which may from time to time be adopted by the president and board of trustees. The position is nonpromotable and its holder is deemed a confidential employee, as defined in the Illinois public labor relations act, 5 Illinois Compiled Statutes 315/1 et seq., and exempt from the examination and other requirements of 65 Illinois Compiled Statutes 5/10-2.1 et seq., and exempt from the provisions of the federal fair labor standards act. Whenever in this code reference is made to the "chief of police" or "police chief", such reference shall be deemed to be the "director of police".
(A) Appointment: The director of police is a sworn police officer and shall be appointed annually by the president, with the advice and consent of the board of trustees. The president is authorized to appoint, suspend or discharge the director of police. The appointment of the director of police may, but need not be, from among the members of the police department, and regardless of rank. The director of police, if having been appointed from among members of the police department, shall be permitted, to take promotional exams and be promoted to a higher classified rank than the member currently holds, without having to resign as director of police. If a member of the department is appointed director of police prior to being eligible to retire on pension, the member shall be considered as on furlough from the rank the member held immediately prior to the member's appointment as director. If the member resigns as director or is discharged as director prior to attaining eligibility to retire on pension, the member shall revert to and be established in whatever rank the member currently holds, except for previously appointed positions, and thereafter be entitled to all the benefits and emoluments of that rank, without regard as to whether a vacancy then exists in that rank.
(B) Discharge Or Removal: The director of police shall serve at the will and pleasure of the corporate authorities, but shall be removed or discharged only by the corporate authorities. In such case, the president shall file with the corporate authorities the reasons for such removal or discharge, which removal or discharge shall not become effective unless confirmed by a majority vote of the board of trustees.
(C) Compensation And Benefits: The director of police shall receive such compensation as shall be fixed by the president and board of trustees as said position is excluded from the bargaining unit defined under the collective bargaining agreement between the village of River Grove and police officers' representative. The compensation paid to the director of police shall be determined by the president and board of trustees in the annual appropriation ordinance and by agreement with the director of police as is approved by the corporate authorities. If a member of the department is appointed director of police, for benefits purposes, the member's years of service prior to the appointment shall be used in determining the employment benefits to which the member shall receive as a director of police. If the director of police is not appointed from the members of the department, the director's benefits shall be determined in accordance with the benefit provisions applicable to other civilian employees.
(D) Qualifications: The director of police shall be qualified through training and experience to administer the police department, shall be a certified police officer within the State of Illinois (or carry an equivalent certification from another jurisdiction), and shall have reached previously the rank of sergeant or higher. The director of police is required to carry a firearm and must be authorized to carry such a firearm in accordance with law.
(E) [intentionally omitted]
(F) Powers And Duties: The director of police shall have the following powers, duties, and responsibilities:
1. Generally: All authorities granted the chief of police by Illinois state statute shall apply to the director of police. The director of police shall be responsible for the direction and performance of all police department functions including all police personnel of the village, whether full time sworn police officers, part time officers, auxiliary officers, or civilian employees of the department. The director of police is required to ensure the efficient operation of the police department and all members and employees of the police department shall obey the orders, rules and regulations given or set by the director of police for the conduct and guidance of the members of the police department. In the absence of the director of police, the deputy director of police or the director’s designee from time to time shall have the same duties and responsibilities as the director of police. (Ord. 2007-11, 6-21-2007, eff. 7-1-2007)
2. Maintain Discipline: The director of police shall maintain discipline of all personnel of the department, and with respect to full time members of the department, the director of police shall follow the disciplinary procedures set forth in the current collective bargaining agreement and the Illinois Uniform Peace Officers Disciplinary Act, 50 ILCS 725, et seq..
3. Intergovernmental Agreements: The director of police shall administer and enforce any intergovernmental agreements the village has entered with any other such municipality with respect to furnishing or receiving police assistance on request; and shall administer and supervise the supplemental police services and secondary employment policy of the department and village.
4. Collective Bargaining Agreements: The director of police shall administer and enforce the terms and conditions of any collective bargaining agreement between the village and the representative of the members of the police department, and shall prepare rules and regulations for the police department, which rules and regulations shall be subject to the approval of the corporate authorities, and thereafter implement and enforce such rules and regulations.
5. Preserve And Maintain Records And Reports: All police records and original reports shall be preserved and maintained pursuant to the direction of the office of the director of police and shall be made available to the public only as duly authorized by state statute.
6. Keeper Of The Village Jail: The director of police, or his or her designee, shall be the keeper of the village jail and shall have custody of all persons incarcerated therein. Until a person shall be brought before a judge for a hearing or until a person shall be transferred lawfully to some other place of incarceration or until a person shall be otherwise lawfully released, the jail may be used only for the incarceration of a person arrested for violating any law of any state or the United States or for violating any village ordinance. It shall be unlawful for any person to escape, attempt to escape or to assist any prisoner to escape or attempt to escape from jail. It shall be unlawful for any person to communicate with any prisoner held in the jail without the permission of the director of police, his or her designee, the police supervisor, or the acting police officer in charge.
7. Record Activities Of Police Department: The director of police shall keep such records and make such reports concerning the activities of the police department as may be required by federal, state or local law or village ordinance.
8. Civilian Personnel Of The Police Department: The director of police, or his or her designee, shall be responsible for supervising all civilian personnel of the department and all such personnel shall be subject to the following regulations:
(a) Civilian employees shall have the work hours and assume the duties set forth by the director of police, or his or her designee.
(b) Civilian employees shall have the compensation and time off for holidays designated by the president and board of trustees.
9. Custody Of Property: The director of police shall have custody of all lost, abandoned or stolen property recovered by the village or any of its departments.
Such property shall be properly inventoried, stored and disposed of in accordance with state law.
10. Other Duties Assigned By Corporate Authorities: The director of police shall perform such other duties as from time to time assigned by the president or corporate authorities.
(G) Deputy Chief Of Police: The director is authorized, with the approval of the president, to appoint, suspend or discharge one deputy chief in accordance with Section 2-1-5.1 of this Chapter. (Ord. 2006-27, 10-5-2006; amd. Ord. 2020-25, 11-19-2020)