Except as hereinafter provided, no officer or member of the Fire or Police Department shall be removed or discharged except for cause, upon written charges, and after and opportunity to be heard in his own defense.
A. Chiefs of Departments: The Chief of the Fire Department or the Chief of the Police Department or both of them may be removed or discharged by the Village Administrator. In such case, the Village Administrator 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 corporate authorities.
B. Hearing:
1. The Board of Fire and 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.
2. In case an officer or member 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 or member pending the hearing with or without pay, but not to exceed thirty (30) days. If the Board determines that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld, if any.
3. In the conduct of this 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.
4. All such hearings shall be attended by a certified court reporter who shall take and transcribe all proceedings.
C. Appeals: The provisions of the Administrative Review Law of Illinois and all amendments and modifications thereof 1 and the rules adopted pursuant thereto shall apply to and govern all proceedings for the judicial review of final administrative decisions of the Board.
D. Short-Term Suspensions: Nothing in this Section shall be construed to prevent the Chief of the Fire Department or the Chief of the Police Department from suspending, without pay, a member of his Department for a period of not more than five (5) days, but he shall notify the Board, in writing, of such suspension. Any policeman or fireman so suspended may appeal to the Board for a review of the suspension within twenty four (24) hours 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 man 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.
E. Retirement: The age for retirement of policemen and firemen is sixty five (65) years, unless the Board of Trustees shall, by ordinance, provide for an earlier retirement age of not less than sixty (60) years. (Ord. 85-389, 3-12-85)
Notes
| 1 | 1. S.H.A. 735 ILCS 5/3-101. |