The Board of Fire and Police Commissioners shall make rules, authorized by the Board of Trustees, to carry out the purpose of the law and this code. The Board of Fire and Police Commissioners, from time to time, may make changes to those rules, which shall be effective upon the review and authorization thereof by ordinance adopted by the Board of Trustees.
(A) Upon such authorization, all such rules and changes thereof shall be printed immediately for distribution and the Board of Fire and Police Commissioners shall give notice of the place where the printed rules may be obtained. This notice shall be posted in the Village Hall and all fire and police stations within the Village.
(B) No such rule shall be made to govern the operation of the Police or Fire Departments.
(C) Except as hereinafter provided, no member of the Fire Department or Police Department shall be removed or discharged or suspended for more than 30 days, except for cause, upon written charges, an after an opportunity to be heard in his own defense. If certain members of the Fire Department or Police Department hold exempt positions appointed in the manner provided by ordinance, they may be removed or discharged by the appointing authority in the manner provided by ordinance.
(D) In those cases wherein a hearing is required to be held by the Board of Fire and Police Commissioners, the Board of Fire and Police Commissioners shall conduct a fair and impartial hearing of the charges, to be commenced within 45 days of the filing thereof, which hearing may be continued from time to time. During such time following the filing of charges until the hearing is held, the Board of Fire and Police Commissioners may suspend, for not exceeding 30 days, any such member of the Fire Department or the Police Department, as the case may be, with or without pay. In accord with Illinois Compiled Statutes, the Board of Fire and Police Commissioners shall have the power to secure by its subpoena both the attendance and testimony of witnesses and the production of books and papers relevant to the hearing. During the hearing, each member of the Board of Fire and Police Commissioners shall have the power to administer oaths and affirmations.
(1) In the event a member is found guilty of any charge, the Board or the Police Department, as the case may be, or may suspend such member not exceeding 30 days without pay.
(2) In the event the Board of Fire and Police Commissioners determines that the charges are not sustained, such member shall be reimbursed for all wages withheld, if any.
(E) Nothing herein shall be construed as modifying the procedures set forth in the Illinois Compiled Statutes providing for review under the Administration Review Law, so that 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 all final administrative decisions (as such term is defined in the Illinois Code of Civil Procedure) of the Board of Fire and Police Commissioners.
(Ord. 96-2009, passed 7-9-96)