Rules and Regulations
of the
Board of Fire and Police Commissions
Revised February 5, 1991
Village of Glenview, Illinois
Pursuant to the authority vested in the Board of Fire and Police Commissioners by the Ordinances for the Village of Glenview and by the Statutes of the State of Illinois, the following Rules and Regulations are hereby adopted for the government, control, and administration of the said Board as well as members and officers of the Fire and Police Departments of the Village of Glenview, Illinois.
TABLE OF CONTENTS
RULE # PAGE #Rule One 1 DEFINITIONS
Rule Two BOARD OF FIRE AND POLICE COMMISSIONERS
3 2.1 Membership
3 2.2 Tenure
3 2.3 Qualifications
3 2.4 Vacancies
Removal
3 2.5 Officers
Chairperson
Secretary
3 2.6 Meetings
3 2.7 Rule-making
Appointments
4 2.8 Records
4 2.9 Reports
4 2.10 Counsel
Rule Three INITIAL EXAMINATION AND QUALIFICATIONS
4 3.1 Examination of Applicants
4 3.2 Minimum Qualifications
Character and Fitness
Citizenship
5 3.3 Applications
5 3.4 Character of Examinations
6 3.5 Medical and Physical Examinations
6 3.6 Rating of Competitive Examinations
6 3.7 Fraud in Examination
6 3.8 Notice of Results
7 3.9 Appeal of Examination Grade
Rule Four APPOINTMENT OF POLICE OFFICERS OR FIREFIGHTERS
7 4.1 Order of Appointment
7 4.2 Effect of Non-Acceptance of Appointment
7 4.3 Probation Period
7 4.4 Discharge During Probationary Period
7 4.5 Restoration of Probationary Appointee to Eligible List
8 4.6 Temporary Appointment
Rule Five PROMOTION EXAMINATION AND QUALIFICATIONS
8 5.1 Qualifications
8 5.2 Eligibility
8 5.3 Method of Promotion
8 5.4 Seniority
9 5.5 Fraud in Examination
9 5.6 Notice of Results
9 5.7 Appeal of Examination
9 5.8 Promotional Appointments
Rule Six ELIGIBILITY LISTS
9 6.1 Eligible Lists
10 6.2 Order of Standing
10 6.3 Veterans' Preference
10 6.4 Striking Names from Eligibility Lists
10 6.5 Removal From List for Cause
10 6.6 Refusal or Failure to Accept Appointment
11 6.7 Waiver of Promotional Appointment
Rule Seven REMOVAL FOUR CAUSE - HEARING AND REVIEW
11 7.1 Removal
11 7.2 Who may Prefer Charges
11 7.3 Charges
11 7.4 Notice to Accused
11 7.5 Hearing Procedure
11 7.6 Continuances
11 7.7 Legal Representation
12 7.8 Decision
Suspension Power of Chief
12 7.9 Re-Hearings
12 7.10 Uniform During Suspension
12 7.11 Department Property
Rule Eight RULES, REGULATIONS, PROHIBITED ACTS - POLICE DEPARTMENT
13 8.1 Importance of Rules and Regulations
13 8.2 General
13 8.3 Prohibited Acts
Definitions
Rule Number1.1 APPOINT shall mean the act of the Board in assignments to a position such applicant who shall have been certified for such position.
1.2 BOARD shall mean the Board of Fire and Police Commissioners of the Village of Glenview, Illinois.
1.3 CERTIFY shall mean the act of the Board through its Chairperson and Secretary in designating the appointment of an individual to the rank or position for which said person may be appointed in compliance with all requirements.
1.4 CLASSIFIED SERVICE shall mean all offices, places of employment, and positions established by the Village Board of Trustees for the jurisdiction of the Board of Fire and Police Commissioners.
1.5 DEPARTMENT shall mean either the Fire or Police Department of the Village of Glenview, Illinois.
1.6 DEPARTMENT CHIEF shall mean the officer or member appointed by the Village Manager to be the head of the Department.
1.7 DIVISION shall mean each of the portions or parts into which an examination for appointment or promotion may be divided, as prescribed by the Board.
1.8 ELIGIBLE shall mean a person listed on an eligibility list.
1.9 ELIGIBLE LIST shall mean a list of all persons who are qualified for appointment to a position within a Department, having not yet been certified for appointment, nor removed from the list in accordance with these Rules.
1.10 EMPLOYEE shall mean a person, other than a temporary or emergency appointee, who is occupying a position in accordance with Statute, Village Ordinances and these Rules.
1.11 FIREFIGHTER shall mean any full-time member of the regularly constituted Fire Department of the Village of Glenview, sworn and commissioned to perform fire duties, except the position of Fire Marshal and exempt ranks not under the jurisdiction of this Board.
1.12 FIRE MARSHAL shall be Fire Chief, appointed by the Village Manager, and specifically provided by Section 10-2.1-4, Chapter 24, of the Statutes of the State of Illinois.
1.13 INITIAL EXAMINATION shall be synonymous with the term "examination" as described in Section 10-2.1-6 of the Statute and shall mean a competitive test or combination of tests to determine the fitness of applicants for appointment to rank or positions.
1.14 LAY-OFF shall mean the removal of any employee from his position because of lack of work or funds, or because of failure on the part of municipal authorities to appropriate sufficient funds, or any other reason not permanently separating such employee from his position or rank of service.
1.15 POLICE OFFICER shall mean any member of the regularly constituted Police Department of the Village of Glenview, sworn and commissioned to perform police duties, except the Chief of Police and exempt ranks not under the jurisdiction of this Board.
1.16 POSITION shall mean an office or place of employment, whether occupied or vacant, which calls for the services of a person within a specified rank in the classified service, whether such services are required continuously, for certain seasons, or from time to time as the Village may require.
1.17 RANK shall mean a grade of employment involving the same type of responsibilities or authority, and shall also mean the order of command in which officers are placed and classified.
1.18 RULES shall mean the Rules and Regulations of the Board of Fire and Police Commissioners of Glenview, Illinois as well as any amendments hereafter.
1.19 STATUTE shall mean Division 2.1 entitled: "Board of Fire and Police Commissioners" of the revised Cities and Villages Chapter of the Statutes of the State of Illinois.
1.20 TEMPORARY APPOINTEE shall mean a person occupying a position by virtue of a temporary appointment.
1.21 VACANCY shall mean a position duly created which is not occupied and may be filled by the Board under powers granted by the Statue and Village Ordinances.
BOARD OF FIRE AND POLICE COMMISSIONERS
2.1 MEMBERSHIP - The Board of Fire and Police Commission shall consist of three members appointed by the Village President with the consent of the Village Board of Trustees.
2.2 TENURE - Members shall serve a term of three years or until their respective successors have been appointed by the Village President.
2.3 QUALIFICATIONS - Members of the Board are considered officers of the municipality and are subject to all requirements enumerated in Section 10-2.1-3 of the Statute.
2.4 VACANCIES - Vacancies on the Board of Fire and Police Commissioners shall be filled in the same manner as original appointments.
2.4(a) REMOVAL - Members shall not be removed except for cause, upon written charges, and after an opportunity to be heard within 30 days in their own defense before a regular meeting of the Village Board of Trustees. A majority of the Board of Trustees shall be required to remove any such member of the office.
2.5 OFFICERS - The Board shall elect officers to serve during the municipal fiscal year.
2.5(a) CHAIRPERSON - The Board shall elect a chairperson to serve during the municipal fiscal year whose duties shall be enumerated throughout these Rules.
2.5(b) SECRETARY - The Board may employ a secretary and/or may designate one of its own members to act as secretary. The secretary shall keep minutes of the Board's proceedings, maintain all official Board records, keep a record of all examinations held, and perform other duties as the Board may prescribe.
2.6 MEETINGS - The Board shall meet on the call of the Chairperson or any two members. Notice of the date, time and purpose of the meeting shall be given to each member at least 24 hours prior to such meetings. In all cases, a majority of the Board constitutes a quorum for the conduct of all business. Notice of a meeting may be waived by a majority of Board members.
2.7 RULE-MAKING - The Board shall make rules applying only to the conduct of examinations for original appointments, for promotions, and to the conduct of hearings on charges brought against a member of the fire and police department. From time to time, the Board may make changes in these Rules. In addition, the Village Board of Trustees may authorize the Board to make rules governing the operation of the Fire and Police Departments, or the conduct of Department members. However, this authorization may be rescinded by the Village Board of Trustees at any time.
2.7(a) APPOINTMENTS - The sole authority to issue certificates of appointment shall be vested in the Board, excepting the positions of Department Chief and ranks exempt from the Board of Fire and Police Commissioners. All certificates of appointment shall be signed respectively by the Chairperson and Secretary of the Board.
2.8 RECORDS - The Board shall maintain records of all positions and all persons in its jurisdiction, the length of service of every employee and other records, including minutes of meetings as shall be required to properly conduct the business of the Board.
2.9 REPORTS - The Board shall submit, from time to time, a report of its activities to the President and Village Board of Trustees. This report should include all rule changes and the practical effect thereof, together with any suggestions which the Board believes would result in greater efficiency in the Departments.
2.10 COUNSEL - In an effort to make proper rules and exercise responsible control over departmental personnel, the Board may request the counsel of the Department Chiefs.
INITIAL EXAMINATION AND QUALIFICATIONS
3.1 EXAMINATION OF APPLICANTS - All applicants for a position shall be subjected to examination which shall be public, competitive, and subject to limitations contained in these rules.
3.2 MINIMUM QUALIFICATIONS - In accordance with the Statutes by which this Board exists, the Board shall publicly call an examination for any rank or position under its jurisdiction. It shall fix such minimum qualifications for applicants as may be appropriate for proper and competent performance of the duties and responsibilities involved. No person shall knowingly be admitted to the examination who does not meet the minimum qualifications so fixed, but the fact that a person is admitted to any examination shall not be considered as evidence that he is qualified, or that he is eligible for said position. The following minimum qualifications shall be part of the requirements for admission to all examinations given by the Board.
3.2(a) CHARACTER AND FITNESS - Every applicant must have reached the age of 21, and must be under the age of 35. However, the foregoing age limitations shall not apply in the case of any person having previous employment status as a police officer or firefighter in a regularly constituted police or fire department of any municipality. Every applicant for the police and fire department must have a high school diploma or equivalent high school education. Every applicant must be of good moral character and temperate habits. In addition, the applicant must be of sound health and physically able to perform the duties and responsibilities of the position for which applied. The burden of establishing proof of these facts shall rest upon the applicant. Finally, all applicants are subject to additional grounds for disqualification as enumerated in the Statutes.
3.2(b) CITIZENSHIP - No person shall be admitted to an examination who is not a citizen of the United States.
3.3 APPLICATIONS - Applications for examination shall be filed upon application papers in the office of the Assistant Village Manager. All applications must comply with requirements in all application papers. A false statement knowingly made by any person in an application for examination shall be regarded as good cause for exclusion from the examination.
3.4 CHARACTER OF EXAMINATIONS - Examinations for positions in the classified service shall be so construed as to test fairly the capacity and fitness of the person examined to discharge the duties of the positions to which they seek to be appointed. The examinations shall consist of any or all of the following divisions as the Board shall prescribe after consulting with the respective Department Chief.
(a.) Written tests to determine intelligence, judgment and knowledge.
(b.) Tests of practical abilities measuring the applicant's ability to perform the tasks associated with Department service. This test shall be administered by the respective Department Chief or designated persons.
(c.) Independent Board investigation of the applicant's moral character, personality, temperament, and other factors which may bear upon the applicant's fitness for the position.
(d.) Oral interviews by members of the Board and respective Department Chief designed to measure personal qualities of the applicant.
(e.) Investigation of work experience; merit in past performance of similar work.
(f.) Polygraph/Psychological examination.
An applicant may be rejected by the Board before examination if his application shows failure to meet the qualifications for the position. Examinations may be held in any order and may be administered to applicants in assembled groups or individually.
Finally, nothing shall prevent the Board from requesting further investigation of any applicant before placing his name on the eligibility list.
3.5 MEDICAL AND PHYSICAL EXAMINATIONS - All applicants shall be physically examined to determine whether they possess the requisite standards of health and physique. Results of this examination shall be a factor in determining an applicant's relative standing.
3.5(a) Every applicant who successfully completes all the previous examinations shall be required to submit to a polygraph examination before his name is placed on the eligibility list. No person shall be disqualified solely on the basis of polygraph test chart evaluations.
3.5(b) Any physical agility test given in initial examinations will be graded on a pass-fail basis.
3.5(c) All officers and members of the Police Department will be required to take a physical examination every fourth year of their employment. Firefighters shall be required to have an annual physical examination.
3.6 RATING OF COMPETITIVE EXAMINATIONS - After consultation with the respective Department Chief, the Board shall establish minimum standards for each division of the examination and also provide that any applicant who fails to meet each minimum standard shall fail the examination and not be permitted to take any further divisions in the examination process. Each division of the examination shall be given such weight as the Department Chiefs and Board determine and each applicant's standing in all divisions of the examination shall be averaged. The final standing of applicants shall be expressed on the scale of 100.
3.7 FRAUD IN EXAMINATION - Any person who, at any examination or in any document signed or furnished by him in connection with any examination, by himself or in cooperation with one or more persons, or by permitting anyone else to impersonate him, or who, during examination, shall use or aid someone else in using memoranda, printed or written, whereby an advantage would be obtained over competitors as such examinations, shall, by action of the Board, after having had a chance to be heard in his own defense, be excluded from the examination, his name shall be stricken from any eligible list upon which it may appear, and he shall be discharged or removed from any position to which he may have been appointed under these Rules.
3.8 NOTICE OF RESULTS - Each applicant will be notified within 14 calendar days of the completion of the examination process of his result. If he has failed the examination, his notice shall read to that effect. If he has fulfilled all examination requirements, he shall receive notice that his name has been placed on the eligibility list.
3.9 APPEAL OF EXAMINATION GRADE - Whenever any applicant shall receive notice of his grade in an examination or his failure to pass, he may appeal to the Board, within thirty days from the date such notice was sent, for reconsideration of his grade.
APPOINTMENT OF POLICE OFFICERS OR FIREFIGHTERS
4.1 ORDER OF APPOINTMENT - Appointments of police officers or firefighters shall be made according to the standing of candidates on the eligible list for patrol officers or firefighters, the candidate standing highest on said list being the candidate to be tendered the appointment, provided that at the time of such tender the eligible candidate meets the minimum requirements prescribed in Rule 3.2.
4.2 EFFECT OF NON-ACCEPTANCE OF APPOINTMENT - In the event that the candidate to whom an appointment is tendered is unwilling or unable for any reason to accept the appointment, the Board may designate and appoint the candidate having the next highest standing.
4.3 PROBATION PERIOD - Every appointee to the office of police officer shall be on probation for a period of one year subsequent to successful completion of the Department's Field Training Officers Program. This probation period may be extended an additional six months to a maximum of 18 months subsequent to successful completion of the Department's Field Training Officers Program at the discretion of the Chief of Police. Every appointee to the office of firefighter shall be on probation for a period of two years which may be extended an additional six months, to a maximum of two and one-half years, a the discretion of the Fire Chief.
4.4 DISCHARGE DURING PROBATIONARY PERIOD - If any such appointee during his probationary period shall be found incompetent or not qualified for the performance of the duties of police officer or firefighter, the Chief of the Department may, by and with the consent of the Board, summarily discharge said probationer, upon assigning in writing to the Board his reasons therefore.
4.5 RESTORATION OF PROBATIONARY APPOINTEE TO ELIGIBLE LIST - Should a probationary employee be laid off without fault or delinquency on his part before his probationary period is completed, his name shall be restored to its former position on the eligible list for patrol officer or firefighter and the time he has served shall be credited against his probationary period under any subsequent appointment.
4.6 TEMPORARY APPOINTMENT - In order to prevent a stoppage of public business, to meet extraordinary exigencies, or to prevent material impairment in the functioning of the Department, the Board may make temporary appointments, not to exceed 60 days. However, no temporary appointment of any one person shall be made more than twice in any calendar year.
PROMOTION EXAMINATION AND QUALIFICATIONS
5.1 QUALIFICATIONS- Promotion in the Police Department or Fire Department shall be made on the basis of ascertained merit, seniority in service, and examination. All vacancies in the Departments shall, wherever it is practical, be filled by promotion. All examinations for promotion to non-exempt positions shall be competitive among such members of the next lower rank as desire to submit themselves to examination.
5.2 ELIGIBILITY - Except in extraordinary cases, no person shall be eligible to take any examination for promotion in the classified service unless he is in the active service of the Department in which promotion is sought, and unless he has served at least one (1) year of active duty immediately prior to the taking of the promotional examination, in the grade from which promotion is sought. Probation periods shall not be credited as time service required for promotional examination.
5.3 METHOD OF PROMOTION - Promotions in the Departments shall be made on the basis of merit, seniority and examination. All promotional examinations shall be competitive among the qualified members and officers of the next lower rank who desire to submit to the examination. In exceptional situations, the Board may utilize other methods of promotion. The Board may authorize promotions without competition if only one member is eligible or desires to be promoted. Authorization for such promotion shall be based solely on the recommendation of the Department Chief. If no member receives the Department Chief's recommendation, the Board shall authorize an open, competitive, promotional examination. In all cases, promotions shall involve a definite change in duties, an increase in responsibilities, and shall not be made merely for the purpose of affecting an increase in compensation or granting a higher title of honor.
5.4 SENIORITY - Credit for seniority shall be given for actual service in the rank or position from which promotion is sought, and shall be computed as of the date of examination. Promotion examinations shall be graded on the scale of 90; to the grades so obtained shall be added a seniority credit of 1 point for each full year of service in the respective Department, up to and including 10 such points. Minimum passing grade for promotion exams shall be 70.
5.5 FRAUD IN EXAMINATION - Any person who at any promotional examination or in any document signed or furnished by him in connection with any such examination, by himself or in cooperation with one or more persons, makes any false representation regarding himself or anyone else, or permits anyone else to impersonate him, or who shall, during examination, use or aid someone else in using notes or memoranda whereby an advantage would be obtained over competitors at such examination, shall, by action of the Board, be discharged and removed from any position to which he may have been appointed within the Department, and his name shall be stricken from any eligible list upon which it may appear, and may also be subject to additional disciplinary proceedings, up to and including dismissal.
5.6 NOTICE OF RESULTS - Every applicant shall be notified within 14 calendar days of the completion of the examination process whether he has passed or failed the examination.
5.7 APPEAL OF EXAMINATION GRADE - Wherever any applicant shall receive notice of his grade in a promotional examination or of his failure to pass, he may appeal to the Board, within thirty days from the date such notice was mailed, for reconsideration of his grade.
5.8 PROMOTIONAL APPOINTMENTS - All promotional appointments shall be made from the eligible list pertaining to the rank or position to which the appointment is to be made. Such appointment shall be made from the first three names appearing on the eligible list; and in selecting the appointee, the Board shall consult the Department Chief in order to determine which eligible will best fill the requirements of the position and serve the best interests of Department and community. Where there are less than three names on the promotional eligible register, as originally posted, or remaining after appointments have been made therefore, appointments to fill existing vacancies shall be made from these names or name remaining on the promotional register. Any person promoted under these procedures shall serve a probation of one year.
ELIGIBLE LISTS
6.1 ELIGIBLE LISTS- The Board shall establish eligible lists for each non-exempt rank or position within the department. The lists shall include those persons whose general average examination standing is not less than the minimum fixed by the Rules of the Board, who have successfully passed all the examinations required by the Rules and who are otherwise qualified.
6.2 ORDER OF STANDING - Persons eligible for appointment shall be placed upon the eligible lists in the order of their relative excellence as determined by these Rules and by examination.
6.3 VETERANS' PREFERENCE - In determining the standing of eligibles on the initial and promotional eligible lists, the Board shall take into consideration the veterans' preferences provided by statute.
6.4 STRIKING NAMES FROM ELIGIBLE LISTS - The Board shall strike off the names of candidates seeking original appointment after such names have been on the original appointment list for more than two years. Likewise, the Board shall strike off names of candidates for promotional appointment after they have remained on the promotional list for more than three years, providing there is no vacancy existing which can be filled from the promotional register. Any person's name shall be stricken from the fire department eligibility list for original appointment after he attains the age of 35 years, and no person shall be hired as a member of the fire department after having attained the age of 35 years, except as otherwise in Rule 3.2a provided. Any person's name shall be stricken from the police department eligibility list for original appointment after he attains the age of 36 years, and no person shall be hired as a member of the police department after having attained the age of 36 years, except as otherwise in Rule 3.2a provided.
6.5 REMOVAL FROM LIST FOR CAUSE - Regardless of the length of time a name has remained on an eligible list, the Board may remove an eligible from the list in the event that he has become physically disabled, or has been convicted of a felony, or has been guilty of fraud in obtaining his standing on the eligible list, or has been found by the Board to have been guilty of disgraceful conduct, or for such cause as is found by the Board to warrant removal for the good of the Service. If requested, the Board shall afford such eligible an opportunity to be heard and to demonstrate that such alleged cause for removal does not in fact exist.
6.6 REFUSAL OR FAILURE TO ACCEPT APPOINTMENT - Unless the Board shall otherwise determine, an eligible who refuses or fails to accept an appointment within ten days after the same is tendered to him by written notice mailed to his registered address, shall be removed from the eligible list. If within thirty days from the date of said notice the eligible so removed furnishes the Board with good and sufficient reason for his refusal or failure to report his acceptance of appointment, the Board may, in its discretion, restore him to his former standing on the eligible list, subject to any appointments made in the interim.
6.7 WAIVER OF PROMOTIONAL APPOINTMENT - A person eligible for promotion may, when designated for promotion, decline such appointment upon stating reasons therefore acceptable to the Board. In such event the eligible shall retain his position on the eligible list. No second waiver by any eligible shall be approved by the Board.
REMOVAL FOR CAUSE - HEARING AND REVIEW
7.1 REMOVAL - No officer or member of the department shall be removed or discharged except for cause, upon written charges, after an opportunity to be heard in his own defense, provided that this Rule and the Rules contained in this subdivision shall not apply to probationary appointees serving during their probationary period as established and defined in Section 4 of these Rules. A member of the Department may be suspended for engaging in conduct detrimental to the image or efficiency of the department.
7.2 WHO MAY PREFER CHARGES - The written charges may be made by (a) a superior officer of the accused, (b) any village officer, other than a member of the Board, or (c) any reputable person.
7.3 CHARGES - Charges made by department personnel shall be filed with the respective Department Chief, who shall submit them to the Board, if he deems necessary. Charges made by village officials or respectable persons shall be filed with the respective Department Chiefs, as well as the Board.
7.4 NOTICE TO ACCUSED - The accused shall be notified of the nature of the charges.
7.5 HEARING PROCEDURE- Upon presentation of charges, the Board shall conduct a fair and impartial hearing of said charges, to be commenced within 30 days of filing and may be continued from time to time. In the conduct of this hearing, each member of the Board shall have the power to administer oaths and affirmations, 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.
7.6 CONTINUANCES - The Board, at its discretion, may grant continuances of the hearing.
7.7 LEGAL REPRESENTATION - The Board may allow any duly licensed attorney at law to appear before it at hearings as the prosecuting attorney. The accused, if he so desires, may be represented by counsel.
7.8 DECISION - The decision of the Board following the hearing shall be made in writing and shall become part of the official records of said Board. The decision shall contain a finding of fact and a pronouncement of guilt or innocence of the defendant. In case an officer or member is found guilty, the Board may discharge him, or may suspend him not exceeding thirty days without pay. The Board may suspend any officer or member pending the hearing with or without pay, but not to exceed thirty days at any one time. If the Board determines that the charges are not sustained, the officer or member shall be reimbursed for all wages withheld.
7.8(a) SUSPENSION POWER OF CHIEF - Nothing in this section shall be construed to deny the Chiefs of either Department the power of suspending without pay a member of his Department for a period of not more than five calendar days, but he shall notify the Board of such suspension. Any firefighter or police officer so suspended may appeal to the Board for review of the suspension within 24 hours after such suspension, and upon such appeal, the Board may sustain the action of the Department Chief, may review 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 30 days or discharge him depending on the facts presented.
7.9 RE-HEARINGS - Petitions for re-hearing of a person suspended or discharged from the classified service under these Rules may be filed in writing with the Board within ten (10) days after the finding and decision have been recorded. The Petition shall state fully the grounds upon which application for re-hearing is based. In case said petition allows, a re-hearing of the original charges, together with any new evidence bearing thereupon, may be conducted, and finding and decision as a result of such re-hearing entered; but, in case said petition is not allowed, the order of discharge shall remain in force. No more than one re-hearing shall be granted in any case covered under the provision of this section.
7.10 UNIFORM DURING SUSPENSION - During the period of suspension, a member of the Department shall not wear his official uniform.
7.11 DEPARTMENT PROPERTY - Upon suspension, a member of the Department shall promptly surrender to the Chief of his Department all department identification in his possession.
POLICE DEPARTMENT RULES AND REGULATIONS
8.1 IMPORTANCE OF RULES AND REGULATIONS- To achieve success, the department must attain and maintain the confidence and respect of the community it serves. This goal can only be accomplished by constant and earnest endeavor on the part of all its members, to perform their duties in an efficient, honest, and professional manner. Their exemplary conduct which shall foster the fullest public realization that the Police Department of the Village of Glenview is an important agency in providing for the well-being and security of the community.
In order to perform their duties properly, it is essential that the personnel of the Department familiarize themselves with the following Rules and Regulations pertaining to the members of the Glenview Police Department.
8.2 GENERAL - Pursuant to the laws of the United States of America, the State of Illinois and the Village of Glenview, the attached Rules and Regulations hereinafter set forth are established for the guidance and government of the Glenview Police Department, its members, and employees.
The right is reserved to the Fire and Police Commission of the Village to amend or revoke any of the attached Rules and Regulations and to make additional rules and regulations from time to time as the circumstances for the good of the service may require.
Disciplinary action for a violation of these Rules and Regulations, either attempted or actual, shall be exclusively limited to reprimand and or suspension by the Chief of Police, or suspension or dismissal by the Board of Fire and Police Commissioners of the Village.
A violation of law, rules and regulations, general or special orders, policies or procedures, written or verbal orders, shall be a basis for departmental discipline. All previous Rules and Regulations set forth in the Rules and Regulations of the Board of Fire and Police Commissioners are superseded as of the date and time of approval of these Rules and Regulations by the Board of Fire and Police Commissioners. Any cause of action which arose or may arise during a period of time in which these Rules and Regulations were not in effect shall be handled by the Rules and Regulations in effect at the time of the occurrence of the event which created the cause of action.
8.3 PROHIBITED ACTS - The following shall apply to all employees and members of the Department and may be made the subject of disciplinary action:
1. Violation or attempted violations of any Federal, State, County or Municipal law.
2. Failure to obey and fully execute any lawful order, written or oral, given by a supervisory officer or supervising employee. (The term "lawful order" shall be construed as any order in keeping with the performance of any duty prescribed by law, all general and special orders, policies and procedures of the Department, which are not in conflict with these Rules and Regulations).
3. Possession or use of alcohol on duty is prohibited. No member or employee of the Department shall be under the influence of alcoholic beverages to any degree while on duty or when reporting for duty. Being intoxicated in public while off-duty is prohibited. (The term "intoxication" shall be that specified in the Illinois Motor Vehicle Code).
4. Possession or use on duty of controlled substances is prohibited, except when prescribed by a physician licensed by the State of Illinois and with the knowledge of a supervisor.
5. Failure to pay all legal debts and legal liabilities.
6. Withholding information on criminal activity.
7. Undertaking a self-assigned police action except in emergency circumstances. (For purposes of this Article, "self-assigned" means action initiated by any member of the Department without the request, direction or by the instruction of a superior). All emergency self-assigned police action shall, within 24 hours after commencement, be reported in writing to the Chief of Police. Should the matter involve the Chief of Police, it shall be reported to the Village Manager.
8. Failure to fully cooperate with a police investigation.
9. Drawing or displaying of a firearm in any place except for necessary inspection or lawful use. Officers firing a gun accidentally or intentionally, except on a target range, shall report promptly, in writing, to the Chief of Police the reason for firing. Officers shall not intentionally fire their guns except as authorized by law or at a firearms range.
10. Publicly criticizing the department or any of the members thereof.
11. Publicly discussing any confidential matter relating to official business of the Department without the written consent of a superior.
12. Communicating in writing with reference to any official business of the Department, except with the approval of the Chief of Police, or his designated representative.
13. Utilizing one's official position with the department for political purposes. Nothing in this section should be construed to prohibit a member of the Department from (a) casting a vote, (b) expressing political opinions privately, (c) being a delegate to a political caucus, or (d) taking part in political canvass.
14. Destroying or defacing any official written notice relating to police business.
15. Failure to maintain a neat, clean personal appearance.
16. Failure to wear a prescribed uniform, to carry all necessary police equipment, or to maintain the uniform or equipment in good condition and order.
17. Failure to act in a professional manner, including but not necessarily limited to:
a. Sleeping while on duty. Officers unable to remain awake shall report to their superior officer who will determine the proper course of action.
b. Failure to be courteous either on the telephone or in person.
c. Conducting personal business while on duty.
d. Gambling while on duty unless to further a legitimate police purpose.
e. Unnecessary shouting or using abusive or obscene language.
f. Taking breaks for meals or refreshments longer than prescribed in the Procedural Manual of the Department.
g. Taking a meal or refreshment break in a public place with another on-duty member of the Department without the approval of a superior.
h. Smoking or chewing gum when in direct contact with the public.
18. Failure to report to work on time.
19. Failure to respond promptly to a request for police service or to return promptly to service after completing a call.
20. Use of force which exceeds that which is reasonably necessary under the circumstances.
21. Violation of the rights of persons in custody.
22. Referral to a specific attorney, law firm, bail bondsman or bonding company. This Section does not apply to reference to the Public Defender, Legal Aid Society or Lawyer's Referral Service.
23. Failure to carry the Departmental approved firearm and identification while on-duty in Glenview, Illinois. This rule shall not apply when an officer is off-duty.
24. Carrying a firearm while off-duty is prohibited unless the member is carrying a Departmental approved gun which has been registered and the member has successfully qualified with same. The carrying or possession of any firearm where alcoholic beverages are consumed is strictly prohibited. This rule shall not apply where the carrying of a firearm is necessitated by police business and with the approval of a superior officer.
25. Failure to immediately report, in writing, all damage to police vehicles and equipment. Such report shall contain all known facts surrounding the nature of the damage and the circumstances under which such damage occurred.
26. Failure to return all equipment owned by the Department when they retire, resign, or otherwise leave the Department.
27. Allowing unauthorized persons to ride in police vehicles.
28. Failure to read, become familiar with, or comply with all Rules and Regulations, general and special orders, and policies and procedures of the Department.
29. Failure to comply with written or verbal orders of a superior officer.
30. Frequently receiving personal mail or visitors at the Police Department and utilizing departmental telecommunications equipment for non-duty related purposes.
31. Courtroom Demeanor - failure to be punctual, properly dressed and prepared for trial. Members of the Department shall maintain a respectful attitude towards the court and all attorneys. Should a member be requested/subpoenaed to testify against the Village or Department in any hearing or trial, the one so requested/subpoenaed shall notify the Chief of Police upon receipt of the request/subpoena.
32. Testifying, making reports or conducting police business in other than a truthful and cooperative manner; the theft, unauthorized removal, altering, forgoing or tampering with any kind of police record, report or citation; using department files, sources or reports other than that to which one is properly or legally entitled to in accordance with their duties/assignments is prohibited.
33. Failure to notify a superior officer when ill and unable to report for work. The use of sick leave without just cause or the furnishing of any false information with reference to illness or injury by any member of the Department is strictly prohibited.
34. Absence from work without permission is prohibited as is evading wholly or in part from the full performance of one's duties. Members claiming physical or mental incapacity relating to their employment shall comply with the request of the Chief of Police, or his designated agent, to be periodically interviewed as to the nature and extent of a claimed injury or illness and/or submit to an examination of the claimed physical/mental incapacity by an individual chosen by the Chief of Police, or his designated agent.
35. Failure to maintain a telephone at one's residence or to immediately notify the Chief of Police in writing of any change of address or telephone number.
36. All off-duty employment without the knowledge or approval of the Chief of Police is prohibited. All outside employment activity in the capacity as a law enforcement officer will be considered as regular law enforcement work and the conduct and performance of duty will be carried out in conformance with the Rules and Regulations, general and special orders, of the Department.
37. No member or employee of the Department shall receive any gift or gratuity for acts performed in the performance of his duties without the written permission of the Chief of Police.
38. Engaging in conduct on or off-duty which adversely affects the morale or efficiency of the Department.
39. Failure to give the necessary attention to the performance of duty. Members shall not engage in activities or personal business which would cause them to neglect or be inattentive to duty.
40. Failure to promptly perform as directed all lawful duties required by constituted authority.
41. Failure or deliberate refusal to obey a lawful order given by a superior; any disrespectful, insolent, or abusive language or action towards a superior is insubordinate whether in and out of the presence of the superior.
42. Buying or selling anything of value from or to any complainant, suspect, witness, defendant, prisoner, or other person involved in any case which has come to their attention or which arose out of their departmental employ, except as may be authorized by the Chief of Police.
43. Failure of members of the Department to maintain good physical and mental health which, if not maintained, would interfere with their proper handling of the strains physical contacts often required of a law enforcement officer. Members shall submit themselves for a medical examination when so ordered by the Chief of Police or the Fire and Police Commission of the Village of Glenview.
44. Possession of keys pertaining to department business or obtained under departmental authority without the approval of the Chief of Police, or his designated agent.
45. Failure to answer questions, respond to lawful orders, render material and relevant statements in internal department investigation when such orders, questions and statements are directly related to job responsibilities.
46. Giving a deposition, affidavit or appearing as a witness in a civil matter stemming from the member's official duties without the knowledge of the Chief of Police.
47. Going beyond the Village limits while on duty unless in the performance of actual police duty, or upon the approval of a superior.
48. Failure to furnish one's name and badge number in a respectful manner when so requested to do so.
49. Failure to promptly report to the Chief of Police, or his designated agent, the loss of any Village property or equipment that has been furnished to the member by the Department.
50. Failure to turn over to the designated member of the Department all lost, stolen, recovered or abandoned property, or any evidential material which comes into the possession of a Department member in the performance of his duties prior to the completion of the tour of duty during which time the material came into possession of the member of the Department.
51. Loss or damage to Department property due to negligence or inattention to duty.
52. Allowing a suspect or prisoner to escape from custody due to negligence or inattention to duty.
53. Failure to thoroughly search for, collect, retain and identify evidence pertaining to persons, property and locations in any arrest or investigation.
54. Giving testimony as a character witness for any defendant in a criminal trial without the knowledge of the Chief of Police.
55. Acceptance from any person or organization of money or any other compensation for any damages sustained or expenses incurred in the line of duty without first notifying the Chief of Police in writing.
56. Duplication, trading or exchanging of police identification without the knowledge and consent of the Chief of Police.
57. Using the prestige or influence of one's official position, or the use of time, facilities, equipment or supplies of the Department for the private gain or advantage to the member of the Department or other persons.
58. Failure to act impartially in their contact with persons or organizations involved in labor disputes.
59. Failure to operate official vehicles in a careful and prudent manner, or to obey all laws and departmental orders pertaining to such operations.
60. Failure to immediately report the loss or suspension of any officer's driving license to the Department.