Section 3.16.060 Powers and Duties; Limitations.

   A.   Appointment, Promotion and Removal of Certain Police and Fire Personnel. Subject to the limitations set forth in subsection C of this section 3.16.060, the Board of Fire and Police Commissioners shall exercise the powers conferred by statute, as supplemented by the ordinances of the Village pursuant to its home rule authority, for the appointment, promotion and removal of officers and sworn members of the Fire and Police Departments; provided, that whenever any provision of any Village ordinance conflicts with any statutory provision, the Village's ordinance shall control over such statutory provision to the fullest extent of the Village's home rule powers.

   B.   Rulemaking Authority. Subject to the limitations set forth in subsection C of this section 3.16.060, the Board of Fire and Police Commissioners shall exercise the powers conferred by statute, as supplemented or modified by the ordinances of the Village pursuant to its home rule authority, to promulgate such rules as it may deem necessary and appropriate to carrying out the Board's statutory and ordinance powers. The rulemaking authority of the Board shall include, without limitation the authority to establish procedures and standards for determining the qualifications of applicants for initial appointment.

   C.   Limitations of Powers and Duties. The powers, authority and duties of the Board shall not include any power, authority or duty with respect to the following:

      1.   the appointment, discharge, terms of employment or performance of the Chief of Police or the Chief of the Fire Department, or any other person in any administrative rank that may be established in the Police or Fire Department pursuant to Chapters 2.52 and 2.60 of this Code;

      2.   the operations of the Police and Fire Departments;

      3.   the residency of applicants or members of the Police and Fire Departments;

      4.   the conduct of the members of the Police and Fire Departments.

(Ord. MC-228-99 § 4 (part), 1999: prior code § 6.06)

      5.   the power or authority to remove, discharge, suspend, demote, reprimand or otherwise rule in disciplinary matters, or to investigate charges involving sworn personnel who are not subject to the jurisdiction of the Board by the terms of a collective bargaining agreement in either the Police or Fire Departments.

(Ord. MC-228-99 § 4 (part), 1999: prior code § 6.06; MC-5-2005, Amended, 07/05/2005)