RULES AND REGULATIONS
OF THE
CHATHAM COMMUNITY FIRE DISTRICT BOARD OF FIRE COMMISSIONERS
OF THE
CHATHAM FIRE PROTECTION DISTRICT
STATE OF ILLINOIS
As adopted by the Board of Fire Commissioners of the Chatham Community Fire Protection District, State of Illinois, effective ____________________.
CHAPTER I – ADMINISTRATION
SECTION 1 – SOURCE OF AUTHORITY
The Board of Fire Commissioners (“Commission”) of the Chatham Community Fire Protection District (“District”) derives its power and authority from an Act of the General Assembly entitled the Fire Protection District Act (“Act”), 70 ILCS 705/0.01 et seq.
SECTION 2 – DEFINITIONS
The word “Commission” shall mean the Board of Fire Commissioners of the Chatham Community Fire Protection District. The word “District” shall mean the Chatham Community Fire Protection District. The word “Trustee” shall mean any person holding an office as Trustee of the District, pursuant to 70 ILCS 705/4 of the Act. The word “Commissioner” shall mean any person holding office as Commissioner of the District’s Board of Fire Commissioners. The word “Member” shall mean any person employed by the District who is subject to these rules. The masculine noun or pronoun includes the feminine.
SECTION 3 – COMMISSIONERS
On the first meeting following the commencement of the District’s fiscal year, the Commission shall elect a Chairman, a Vice Chairman and a Secretary. They shall hold office until the end of the fiscal year of the District and until their successors are duly elected and qualified. The Chairman shall be the presiding officer at all meetings. The Vice Chairman shall preside in the absence of the Chairman. The Secretary shall keep the Minutes of all meetings of the Commission in a permanent record book and shall be the custodian of all the forms, papers, books, records and completed examinations of the Commission.
SECTION 4 – DUTIES OF THE COMMISSION
A) General. The Commission shall have only those duties set forth in the Fire District Protection Act, 750 ILCS, 7051/0.01 et. seq. and any other relevant statute.
B) Duty to Appoint. The Commission shall appoint all members of the Fire Department. All appointments to the Department, other than that of the lowest rank, however, shall be from the rank next below that to which the appointment is made, except the Chief may be appointed from among the members of the Department, regardless of rank.
The sole authority to issue certificates of appointment shall be vested in the Commission and all certificates of appointment issued to any officer or member of the Department shall be signed by the Chairman and Secretary, respectively, of the Commission upon appointment of such officer by action of the Commission.
C) Rulemaking. The Commission shall make rules in order to carry out the purposes of Sections 16.01 – 16.18 of the Act, 70 ILCS 705/16.01 – 16.18; and for appointments and removals in accordance with the provisions of these Sections. Commission rules shall apply only to the conduct of examinations of original appointments, for promotions, and to the conduct of hearings on charges brought against any member of the Fire Department. The Commission shall not establish any rules to govern the operation of the Fire Department or the conduct of its members unless the Board of Trustees specifically authorizes the Commission to make such rules. The trustees may also rescind any such authorization. Commission rules apply to all new permanent, full-time District hires of fire personnel, as defined by the Fire Protection District Act, 70 ILCS 705/0.01 et seq.
Any rules and changes thereto established by the Commission shall be printed immediately for distribution. The Commission shall give notice of the places where the printed rules may be maintained and also of the date when the rules or changes shall go into operation. The operational date of the rules shall not be less than ten (10) days subsequent to the publication. The notice shall be published in one or more newspapers published in the fire protection district and shall be published in the Springfield State Journal Register. The Commission may make changes to these rules, in accordance with this notice procedure.
SECTION 5 – MEETINGS
A) Regular meetings shall be held on an as needed basis. Notice shall be posted forty-eight (48) hours prior to convening and meetings shall be open to the public.
B) Special meetings shall be open to the public, notice thereof to be posted forty- eight (48) hours prior to convening, called by the filing of a notice in writing with the Secretary of the District and signed either by the Chairman of the Commission or any two members thereof. This notice shall contain a brief statement of the business to be submitted for the consideration of the Commission at such special meetings and shall set forth the time and place of such special meeting, and no other business shall be considered at such special meeting unless by unanimous consent of the Commission.
C) During any regular or special meeting, a closed session may be held upon a proper motion made by any single member of the Commission for the purpose of discussing personnel issues or any other item subject to exclusion under the Open Meetings Act. Closed sessions may be limited to Commission members and such invited persons as the Commission may deem necessary. The Secretary will record the motion to close the meeting, record the roll call vote of the members on said motion and keep minutes of the closed session. The closed session will also be taped, but such tape will only be made public upon court order pursuant to litigation under the Open Meetings Act.
D) Public notice of any regularly scheduled or special meeting shall be held in accordance with the Open Meetings Act, 5 ILCS 120/1 et seq.
E) A majority of the members of the Commission shall constitute a quorum for the conduct of all business.
F) The order of business at any meeting shall be:
a) Approval of the Minutes
b) Communications
c) Unfinished Business
d) New Business
e) Adjournment
G) The parliamentary procedure prescribed in Robert’s “Rules of Order” shall be followed as far as applicable.
SECTION 6 – ANNUAL REPORT AND BUDGET REQUEST
The Commission shall submit an Annual Report of its activities as required by §705/16.14 of the Fire Protection District Act, 70 ILCS 705/0.01 et seq., and an Annual Budget for the ensuing year, as required by local ordinance and the aforementioned §705/16.14. In the Annual Report, the Commission may make suggestions which it believes would result in greater efficiency or safety in the Fire Department. The Board of Trustees shall respond in writing to any such suggestions within sixty (60) days of receipt, setting forth their acceptance or rejection of such suggestions, with the specific reasons for either.
CHAPTER II – ELIGIBILITY AND APPLICATIONS
SECTION 1 – ELIGIBILITY
This Chapter is intended to set forth the procedures for applying with the District. This Chapter also reflects the statutory provisions relevant to eligibility requirements for applicants for firefighter, paramedic or firefighter paramedic positions with the District. The District, by action of the Board of Trustees, has developed certain eligibility requirements which supplement those statutory requirements. With the approval of the District Board of Trustees, those eligibility requirements are also referenced in these rules, for informational purposes. In the event the Board of Trustees changes any of the eligibility requirements that are contained in this Chapter, it has agreed to notify the Commission so that corresponding amendments can be made to these rules.
SECTION 2 – RESIDENCE
The District requires that all applicants for examination must be citizens of the United States.
The District also requires that all employees of the District will have one year from their date of employment to reside within the boundaries of the District. All employees are required to reside within the boundaries of the District as a condition of their continued employment with the District. Any employee having extraordinary reasons or circumstances may be allowed to temporarily move out of the District with the prior approval of the Board of Trustees. Under no circumstances shall an employee be granted the right to reside outside the District for a period of more than six months, except during an employee’s initial probationary period.
SECTION 3 – AGE REQUIREMENTS
Applicants who are at least twenty-one (21) years of age, but under thirty-five (35) years of age may be considered for appointment to active duty with the District’s Fire Department. Proof of birth date will be required at time of application. The foregoing age limitation (35 years of age) shall not apply in the case of any person having previous employment status as a fireman in a regularly constituted Fire Department of any fire protection district, and further provided that each fireman as fire chief who is a member in good standing in a regularly constituted Fire Department of any municipality which shall be or shall have subsequently been included within the boundaries of any fire protection district now or hereafter organized shall be given a preference for original appointment in the same class, grade or employment over all other applicants. Other statutory age limitations in effect at the time of application shall be applicable.
SECTION 4 – APPLICATION
A) Forms and Filing. Applications for position shall be filed upon forms furnished by the Commission and applicants must comply with the requirements of said form in every respect. The application must be filed with the Commission prior to taking an examination. Filing can be made in the name of the Commission at the following address:
Chatham Community Fire Protection District Board of Fire Commissioners
#1 Fireman’s Square
Chatham, IL 62629
B) Character Requirements. Every applicant must be of good moral character, of temperate habits, of sound health and must be physically able to perform the duties of the position applied for. Applicant must establish that he/she has not been convicted of a felony in Illinois or convicted in another jurisdiction for conduct that would be a felony under Illinois law, or convicted of a crime involving moral turpitude. An applicant may not be disqualified for a record containing a misdemeanor, except for misdemeanors listed at 70 ILCS 705/16.06(b). The burden of establishing these facts rests upon the applicant.
C) Other Requirements. The applicant shall furnish with his application a copy of his Birth Certificate, High School Diploma or G.E.D Certificate and, if relevant, a copy of his College or University Degree, Military Service Record, and/or Discharge Papers. At the time of application, the Applicant:
i) must be an OFSM certified Illinois Firefighter II;
ii) must be licensed as a Paramedic by the State of Illinois Department of Public Health or must sign a form provided by the District that evidences:
a) the applicant’s intention to become a licensed Paramedic by the State of Illinois within the one year probation period after hire; and
(b) the applicant’s understanding that this license is a condition of permanent post-probationary employment.
iii) must be a U.S. Citizen;
iv) must possess a high school diploma or equivalent;
v) must maintain a valid State of Illinois driver’s license
Evidence of licenses and certifications must be presented at the time the application is submitted.
D) False Statements. A false statement knowingly made by a person in an application for examination, connivance in any false statement made in any certificate which may accompany such application or complicity in any fraud touching the same, shall be regarded as good cause for exclusion from the balance of the examination process, the striking of a candidate’s name from an eligibility list or subsequent termination of employment.
E) Defective Applications. Defective applications may be returned to the applicants for correction, provided the applicant is not otherwise disqualified for the position sought.
SECTION 5 – DISQUALIFICATION
The Commission may refuse to examine an applicant or, after examination, refuse to certify him as eligible:
A) Who is found lacking in any of the established preliminary requirements for the service for which he or she applies.
B) Who is physically unable to perform the duties of the position to which he or she seeks appointment.
C) Who is addicted to the use of intoxicating beverages or is found to have taken or used drugs and/or narcotics illegally.
D) Who has been convicted of a felony or any misdemeanor involving moral turpitude, as specified in § 705/16.06 of the Fire Protection District Act, 70 ILCS 705/16.06(b), such as: Sections 11-6, 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 2-2, 2-6, 2-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections (1), (6), and (8) of Sections 24-1 of the Criminal Code of 1961.
E) Who has been dismissed from any public service for good cause.
F) Who has attempted to practice any deception or fraud in his or her application.
G) Who may be found disqualified in personal qualifications or health.
H) Whose character and employment references are unsatisfactory.
I) Who does not possess a high school education or its equivalent.
J) Who has been classified by his or her Local Selective Service Draft Board as a conscientious objector.
Any applicant deemed disqualified hereunder shall be notified by the Commission of such disqualification. Should a disqualifying factor become known to the Commission after a candidate is hired, such factor may constitute cause for the dismissal of the officer.
SECTION 6 – PHYSICAL AND MEDICAL EXAMINATIONS
Applicants for original appointment may be subject to a Physical Aptitude Test and shall be required to submit to a thorough pre-hire medical examination by a licensed physician appointed by the Commission. All applicants shall execute and deliver to the Commission a release of all liability as the result of taking a Physical Aptitude Test in favor of the District on a form to be prescribed by the Commission.
SECTION 7 – NOTICE OF ACCEPTANCE
The Secretary will notify all applicants whose applications have been accepted by the Commission to be present for orientation. Such notification shall also notify the applicant that he or she will be required to present, at the time of examination, an executed Physicians Certificate that he or she is physically capable of participating in a strenuous Physical Aptitude Test.
SECTION 8 – EQUAL OPPORTUNITY EMPLOYER
The District is an equal opportunity employer. The District encourages and fosters the employment, compensation, promotion, and other conditions of employment, of all properly qualified persons without regard to race, color, religion, sex, sexual orientation, marital status, ancestry, national origin, age, disability, matriculation, political opinion or affiliation, or unfavorable discharge from military service.
CHAPTER III – EXAMINATIONS/ORIGINAL HIRE
SECTION 1 – NOTICE OF EXAMINATIONS
Notice of the time and place of every examination shall be given by the Commission by a publication at least (2) weeks preceding the examination, in one or more newspapers published in the District. Examinations may be postponed, however, by order of the Commission, which order shall state the reason for such postponement and shall designate a new date for said examination. Applicants shall be notified of the postponement of any examination and of the new date fixed for said examination.
SECTION 2 – EXAMINATIONS
The Commission shall call examinations to fill vacancies in the class of service in which vacancies are liable to occur. A call for such examination shall be entered in the minutes of the Commission and shall include a statement of:
A) The time and place where such examination will be held.
B) The location where applications may be obtained and the date by which applications must be returned to the Commission.
C) The position to be filled from the resulting eligibility list.
SECTION 3 – TYPE OF EXAMINATIONS
Applicants must attend a mandatory orientation session and will be subject to a Physical Aptitude Test, a written exam, an oral interview, a drug screening, background investigation, psychological exam and a pre-hire physical examination. Applicants must attend the orientation program sponsored by the Commission. No examination shall contain questions regarding applicant’s political or religious opinions or affiliations.
SECTION 4 – EXAMINATIONS – MINIMUM GRADE
The following examinations may be conducted by the Commission. The sequence of testing may vary at the discretion of the Commission. Failure to achieve the minimum passing grade in any examination disqualifies the applicant from any further participation.
Examinations % of Total Grade Minimum Passing
Orientation - Attendance Mandatory
Physical Aptitude Test - Pass or Fail
Written Test 70% *
Oral Interview 30% *
Psychological Examination - Pass or Fail
Background Investigation - Pass or Fail
Medical Examination - Pass or Fail
* To be announced by the Commission prior to conducting the examination and may vary based upon the examination or the testing agency used by the Commission.
SECTION 5 – ADDITIONAL CREDIT AND/OR POINTS
(A) Prior Service Credit. All persons who have been paid-on-call certified firefighters II, paramedics, or any combination of the foregoing, of the District shall be awarded one-half point for each year of successful service in one or more of those capacities, up to a maximum of 5 points at the time of initial hire. Certified firefighters III shall be awarded one point per year to a maximum of 5 points. Applicants from outside the District who were employed as full-time firefighters by another fire protection district or District for at least 2 years shall have the same preference as paid-on-call personnel. These additional points presuppose a rating scale totaling 100 points available for initial hire. If more or fewer points are used in the rating scale for initial hire, the points awarded under this subsection shall be revised so that the points awarded for each year of successful paid-on-call service shall be equal to 0.01 times the total points available.
No person entitled to additional points for paid-on-call service under this subsection shall be required to claim that preference or credit before an examination is held. The preference shall be given after the posting or publication of the eligibility list or at the written request of a person before any certification or appointments are made from the eligibility register. To qualify for the preference, applicants who are eligible for paid-on-call credit under this subsection shall make a claim for that credit, in writing, within 10 days after the posting of the eligibility list, or the claim shall be deemed waived. Upon request by the Commission, the Board of Trustees shall certify to the Commission, within 10 days of the request, the number of years of successful paid-on-call service of any person. A candidate may not receive preference points for a certificate if the amount of points awarded would place the candidate before a veteran on the eligibility list.
(B) Veteran’s Service Credit and Preference.
(i) Persons who were engaged in the military or naval service of the United States for a period of at least one year and who were honorably discharged therefrom, or who are now or may hereafter be on inactive or reserve duty in such military or naval service shall be preferred for appointments to Fire Department.
(ii) The Commission shall give preference for original appointment to persons designated in subsection B(i) whose names appear on any register of eligibles resulting from an examination for original entrance in the classified service of the Fire Department of the District by adding to the final grade average which they receive or will receive as the result of any examination held for original entrance, 5 points. The numerical result thus attained shall be applied by the Commission in determining the position of such persons on any eligibility list which has been created as the result of any examination for original entrance for purposes of preference in certification and appointment from such eligibility list.
(iii) Every member of the classified service of the Fire Department of the District who was engaged in military or naval service of the United States at any time for a period of at least one year and who was honorably discharged therefrom, who is now or who may hereafter be on inactive or reserve duty in such military or naval service, not including, however, persons who were convicted by court-martial of disobedience of orders where such disobedience consisted in the refusal to perform military service on the ground of alleged religious or conscientious objections against war, and whose name appears on existing promotional eligibility registers or any promotional appointments of the Fire Department of the District.
(iv) No person entitled to preference or credit for military or naval service shall be required to claim such preference or credit before an examination is held. Such preference shall be given after the posting or publication of the eligibility list or register at the written request of such person before any certification or appointments are made from the eligibility register. To qualify for such preference, applicants who are eligible for military credit shall make a claim in writing within 10 days after the posting of the eligibility list or such claims shall be deemed waived. Applicants shall also furnish evidence of an honorable discharge and proof of such service.
SECTION 6 – PHYSICAL APTITUDE TEST
Applicants will be required to submit to a Physical Aptitude Test. Only candidates who have brought an executed Physician’s Certificate stating that the candidate is physically capable of participating in a strenuous physical aptitude test will be allowed to take such test. Only candidates who have passed the Physical Aptitude Test will be permitted to participate in the written examination.
SECTION 7 – WRITTEN EXAMINATIONS
Information as to the type of written examination employed by the Commission will be provided as part of the orientation program. All examination papers shall be and remain the property of the Commission and the grading thereof by the Commission shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. Candidates who fail to achieve a passing grade will be notified and eliminated from all further consideration.
SECTION 8 – ORAL EXAMINATION
All Commissioners shall participate in the Oral Examination except wherein one Commissioner is absent due to illness or when matters of an emergency nature preclude his attendance. In no event shall less than a majority of the Commissioners conduct the Oral Examination. The Commission may select two other individuals to participate in the oral exam as follows, in any combination of two: one or two trustees; the Chief; or a member in an officer rank. Questions shall be asked of the Candidate that will enable the Commissioners to properly evaluate and grade the Candidate on speech, alertness, ability to communicate, judgment, emotional stability, self-confidence, social skill and general fitness for the position. On completion of each Oral Examination, the Commissioners will discuss the Candidate’s abilities using the traits listed above. Candidates who fail to successfully complete the Oral Examination will be notified and eliminated from all further consideration.
SECTION 9 – INITIAL ELIGIBILITY REGISTER
The Commissioners will prepare an “Initial Eligibility Register” of the Candidates successfully completing the orientation, written test and Physical Aptitude Test. Candidates shall be placed on the eligibility list in order of their relative excellence as determined by their test scores.
This Initial Eligibility Register is subject to change with the addition of the veteran, educational and law enforcement certification preference points as prescribed in Sections 750/16.07 and 705/16.08a of the Board of Fire and Police Commissioners Act as well as firefighter/paramedic preference points as set forth in 5/10-2.1-9(b) of the Board of Fire and Police Commissioners Act.
Candidates who are eligible for veteran, educational or law enforcement certification preference points or firefighter/paramedic points, shall make a claim in writing with proof thereof within ten (10) days after the date of the eligibility list or such claim shall be deemed waived.
SECTION 10 – FINAL ELIGIBILITY REGISTER
A) The Commissioners will prepare a “Final Eligibility Register” which shall include claimed preference points. In the event of a tie score, the placement of the tied candidates’ names on the eligibility list shall be determined by lot, in the presence of a quorum of the Commission in whatever manner the Commission deems appropriate.
B) A dated copy of the Final Eligibility Register shall be sent to each person appearing thereon. This copy shall include the date of expiration of the register two (2) years hence.
C) Appointment from this Final Eligibility Register is subject to satisfactorily passing an Oral Interview, In-depth Psychological Examination, Background Investigation, Drug Testing, and a thorough Medical Examination (which may include a test of the applicant’s vision, hearing, for the presence of communicable diseases, as well as a test to screen for the use of drugs and/or narcotics).
SECTION 11 – PROFESSIONAL EXAMINATIONS AND TESTS
A) Each applicant for original appointment shall submit to a Psychological Examination by such psychologist or psychiatrist as the Commission may designate. Such examination shall be without expense to the applicant. Failure of the applicant to take or successfully complete such test shall eliminate him from further consideration.
B) Medical Examinations shall be performed by a licensed physician appointed by the District.
SECTION 12 – PROBATIONARY APPOINTMENT
A) All vacancies in the District shall be filled by individuals from the Final Eligibility Register in the order in which their names appear on the register and having met all requirements previously listed.
B) All original appointments to the Fire Department shall be for a period of twelve (12) months. The probationary period of a newly appointed firefighter shall commence as of the first date said individual reports for work with the District.
C) Any person whose name appears on the Final Eligibility Register may decline appointment by advising the Commission in writing. It shall be the option of the Commission to strike from or maintain upon the register the name of such candidate without otherwise altering the candidate’s original position on the Final Eligibility Register.
D) Probationary employees may be summarily dismissed by the Commission and are not entitled to the protection afforded to other full-time firefighters by statute or these rules.
SECTION 13 – CERTIFICATION
Final certification as permanent members of the District shall not occur until the requirements in these rules, and any other relevant requirements set forth in the job description which do not conflict with these rules, are met.
CHAPTER IV – PROMOTIONS
SECTION 1 – GENERAL
The Commission, by its rules, shall provide for promotion in the Fire Department on the basis of ascertained merit and seniority in service and examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. All examinations for promotion shall be competitive among such members of the next lower rank whom desire to submit themselves to examination. All promotions shall be made from the three (3) individuals having the highest rating, and where there are less than three (3) names on the promotional eligibility register, as originally posted, or remaining thereon after appointments have been made therefrom, appointments to fill existing vacancies shall be made from those names or the name remaining on the promotional register. The method of examination and the rules governing examinations for promotion are specified below. The Commission shall strike off the names of candidates for promotional appointment after they have remained thereon for more than three (3) years, provided there is no vacancy existing which can be filled from the promotional register. For the purpose of determining that a vacancy exists, the Commission must have received notice from the appropriate corporate authorities to fill an existing vacancy prior to the date the name(s) are to be stricken from a promotional eligibility register.
SECTION 2 – PROMOTIONAL EXAMINATION
A) General. The Commission shall be responsible for developing and administering promotional examinations.
B) Weighing. The final Promotional Examination score shall be determined as follows:
Written Test 50%
Subjective Evaluation 30%
Ascertained Merit 20%
Seniority 0%
C) Ascertained Merit. Ascertained merit shall, at a minimum, include 2 points awarded for each OFSM 40 hour course to a maximum of 20 points (20%).
D) Rank Order. In the event no candidate from the immediate next lower rank qualifies for promotion, the Commission in determining next in order of rank in promotional examinations herewith determines a policy of extending the examination successively through all the orders of rank in the services in an endeavor to qualify suitable eligible or eligibles for the vacancy or vacancies existing before extending the examination to the general public.
E) Military Service. Candidates who are otherwise qualified and have timely requested credit for prior military service shall be granted veterans preference points as provided by state statute (70 ILCS 705/16.08a).
SECTION 3 – TOTAL SCORE
A Candidate’s total score shall consist of the combined scores of the merit/efficiency rating, written examination and oral examination, and veteran’s preference points. The method used for computing preference points in Chapter III, Section 6, applies in the same manner to promotions. Candidates shall take rank upon a promotional eligibility register in the order of their relative excellence as determined by their total score. In the event of a tie score, the placement of the tied candidates’ names on the eligibility list shall be determined by lot, in the presence of a quorum of the Commission, in whatever manner the Commission deems appropriate.
SECTION 4 – PROMOTIONAL VACANCY
Upon notice from the District Board of Trustees that a promotional vacancy exists, the Commission shall select the individual to be promoted in the manner specified in Section 1 of this Chapter IV.
CHAPTER V – ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE
SECTION 1 – RANK
The order of rank in the Fire Department shall be as provided by ordinance or otherwise by the District.
SECTION 2 – CLASSIFICATION
The Commission classifies such offices in the Fire Department for the purpose of establishing and maintaining standards of examinations and promotions based upon job descriptions and departmental regulations developed by the District.
SECTION 3 – OATH OF OFFICE
Before entering duty, any person about to become a member of the District, shall take the following oath, before any person authorized to administer oaths in the State of Illinois:
“I ____________________, do solemnly swear or affirm that I will support the Constitution of the United States, and the Constitution of the State of Illinois, and that I will faithfully discharge the duties of the office of _________________ according to the best of my ability.”
Signed ________________________________
Subscribed and sworn to before me this _____ day of _________, 2007.
NOTARY PUBLIC
He shall enter into such bond in such amount as prescribed by the Ordinance.
CHAPTER VI – HEARING OF CHARGES, REMOVALS, SUSPENSIONS
AND DISCHARGES
SECTION 1 – DISCIPLINE BY FIRE CHIEF – FIVE DAYS OR UNDER
A) Discipline and Formal Hearing. Upon written notification to the Commission, the Chatham Fire Department Chief (the “Chief”) may suspend a member of the Department (“Member”) without pay for a period of not more than five (5) calendar days. However, if the Chief desires to suspend a Member for more than twenty-four (24) duty hours, the Chief is required to hold a formal interrogation prior to imposing discipline.
B) Written Notice. If the Chief imposes a suspension upon a Member, written notice to the Commission is required. The written notice of the suspension must contain the following:
i. The name, rank, and assignment of the person being disciplined;
ii. The dates and times of the misconduct and locations indicating on or off duty;
iii. The section of the personnel manual, personnel code, state statute or code being violated;
iv. A complete statement of the facts of the misconduct;
v. The written signature and position of the preparer; and
vi. Copy of said report shall be given to the Member being disciplined and he/she may not choose to sign said document.
C) Appeal. The Chief’s decision to suspend may be appealed by the Member within five (5) calendar days after the suspension is imposed. If an appeal is initiated by the Member, the burden is upon the Chief to substantiate the charges by a preponderance of the evidence. Upon such appeal, the Commission may sustain the suspension, reverse the suspension with instructions for reimbursement of all wages withheld or lost (if any), increase the suspension period by an amount not to exceed thirty (30) days, or the Commission may discharge the Member from the Department (subject to majority approval of the Trustees of the Chatham Fire Protection District).
D) Verbal Reprimand. Any Staff Officer personnel may verbally reprimand, with written documentation following, of a subordinate under their command and shall personally forward the written documentation to the Chief, whom will inform the Commission. Prior to any discipline being administered, beyond that of a verbal reprimand, it must first be approved by the Chief and then the Commission, expect for the positions of Office Manager and Fire Chief.
SECTION 2 – DISCIPLINE BY FIRE CHIEF – OVER FIVE DAYS
A) Discipline. If the Chief desires to discipline a Member for more than five (5) consecutive days, he is required to bring written charges before the Commission, demonstrating cause for the desired discipline. “Cause” is some substantial shortcoming which renders continuance in employment in some way detrimental to the discipline and efficiency of the public service and something which the law and sound public opinion recognize as cause for the officer no longer occupying his position. The right to determine what constitutes cause is in the Commission.
B) Written Charges and Time for Hearing. The Member who is the subject of written charges brought by the Chief, imposing discipline for more than five (5) consecutive days, shall not be subject to any discipline until after written charges have been filed by the Chief and the Member has had the opportunity to have his defense heard by the Commission. After receiving written charges, the Commission 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. All hearings shall be public, in accordance with the Open Meetings Act.
C) Burden of Proof. The Chief shall have the burden of proof to establish by a preponderance of the evidence the allegations contained within the written charges. “Preponderance of evidence” is defined as the greater weight of the evidence, that is to say, it rests with that evidence which, when fairly considered produces the stronger impression, and has a greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto.
D) Informal Investigations. Nothing herein limits or restricts the power and authority of the Commission to conduct informal investigations of complaints and/or allegations of misconduct of its Members.
E) Service. All disciplinary charges filed shall be served to the affected Member via certified mail, to the last known address of the Member, as reflected by the charges filed with the Commission.
F) Filing. All papers may be filed with the Commission by mailing them or delivering them personally to the Commission’s Office. For the purposes of these Rules and Regulations, the filing date of any paper shall be the date it was received in the Commission’s Office, in the event the paper is delivered personally or by messenger. In the event a paper is forwarded by mail, then the filing date shall be the date which is postmarked on the envelope of such paper.
G) Subpoena. At a hearing on disciplinary charges, each member of the Commission shall have the power to administer oaths and affirmations, and conduct the hearing. The Commission 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.
H) Attorneys. The Member subject to discipline may be represented and assisted by an attorney at a hearing on the charges; however, the attorney may only act in an advisory capacity, and is able to participate in the hearing only to the extent authorized by the Commission.
I) Civil Procedure. The provisions of the Illinois Code of Civil Procedure do not apply to hearings before the Board.
J) Suspension, Discharge, and Demotion by Commission. The Commission has the authority to suspend a Member pending the hearing, with or without pay, but not to exceed thirty (30) days. In the case a Member is found guilty of the charges brought, the Commission may discharge him, or may suspend him not exceeding thirty (30) days without pay. However, if in the best interest of the Department, the Commission may reduce the Member to the lowest rank within the Department in which he serves, if possible, for a period of time ascertained by the Commission. If the Commission determines that the charges are not sustained, the Member shall be reimbursed for all wages withheld, if any.
K) Probationary Firefighters. Probationary firefighters may be summarily dismissed by the Commission and are not entitled to the protection afforded to other full- time officers by statute or these rules.
L) Decisions of Commission. Any decision made by the Commission, must be approved by a majority vote of the Commission. A decision by the Commission to remove or discharge a Member must be approved by a majority vote of the Trustees of Chatham Fire Protection District. All decisions of the Commission are final, and are not subject to rehearing, reconsideration, modification, or vacation, but may be appealed to the Sangamon County Circuit Court.
SECTION 3 – DISCHARGE OR SUSPENSION AFTER HEARING
A) Discharge from office, or suspension from service in the Fire or Police Department shall be in compliance with the Fire Protection District Act and Fire and Police Commissioners Act, where applicable.
B) The Commission shall, within a reasonable time after the hearing is completed, enter its findings on the records of the Commission.
SECTION 4 – VIOLATION OF RULES
All members of the Fire Department shall be subject to the regulations of its Department, and the Rules of the Commission, and a violation of such rules or regulations may be cause for filing of charges before the Commission, with a subsequent hearing and action by the Commission on such charges.
SECTION 5 – VIOLATION OF LAW
Any violation of the laws of the District or state or federal law, by any member of the Fire Department of such District may be cause for the filing of charges against said officer, except as herein otherwise provided.
CHAPTER VII – GENERAL
SECTION 1 – CONFLICT
Any Chapters, Sections and/or Subsections of the foregoing Rules for the operation of the Commission that are in conflict with the State Statute or with any amendments thereto that may hereafter be enacted are null and void. This, however, does not invalidate any other Chapters, Sections and/or Subsections of said Rules.
SECTION 2 – WORKWEEK
No person employed in the Fire Department of the District shall be required to remain on duty in his employment for periods of time which, in the aggregate in any month, amount to more than 56 hours for each week in that month.
These restrictions apply to all employees, except:
(1) To the person in command of a District Fire Department;
(2) To employees of the District Fire Department who are employed subject to call; or
(3) To the members or employees of the District Fire Department, when required to remain on duty by the marshal or chief officer or any of his aides on account of a serious emergency caused by conflagration, riot, or other causes.
SECTION 3 – TEMPORARY APPOINTMENTS
In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment of the Fire Department, the Commission may make temporary appointments, to remain in force until regular appointments may be made, but never to exceed sixty days. No temporary appointment of any person shall be made more than twice in any calendar year.
ADOPTED by the Board of Fire Commissioners of the CCFP District, Illinois, effective ___________________.
BOARD OF FIRE COMMISSIONERS VILLAGE OF CHATHAM, ILLINOIS
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Paula Staab-Polk, Chair
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Troy Bell, Vice Chair
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Charles Bliefnick, Secretary
August 25, 2007\jlp\F:\WORD\CAM\CAM CLIENTS\CHATHAM BOARD OF FIRE COMMISSIONERS\RULES AND REGULATIONS 8-15-07 CLEAN COPY.DOC