§ 2-520. Removal of members.

(a)

Nonexempt ranks.

(1)

All members of the Police Department provided for in section 2-499 and defined as being of nonexempt rank as provided in section 2-499(2), excluding members of the Police Department who are bargaining unit members covered by an applicable collective bargaining agreement with the village, shall be subject to suspension without pay or discharged from the service for any of the causes enumerated and in the manner provided in any ordinance of the village, provision of this Code, rules and regulations of the Police Department, or rules and regulations of the Board of Fire and Police Commissioners of the village providing, in whole or in part, for the operation of the Police Department, or providing, in whole or in part, a course of conduct and the duties of members of the Police Department, or pertaining in any manner to the Police Department. Such nonexempt rank members of the Police Department may be suspended without pay or discharged from the service only by the Board of Fire and Police Commissioners of the village, according to the provisions of state statute, the rules of the Board of Fire and Police Commissioners and the rules and regulations of the department, or may be suspended by the Police Chief in the circumstances and manner permitted under state law.

(2)

All members of the Police Department provided for in section 2-499 and defined as being of nonexempt rank as provided in section 2-499(2), who are also bargaining unit members covered by an applicable collective bargaining agreement with the village, shall be subject to suspension without pay or discharged from the service for cause and as otherwise provided for in the applicable collective bargaining agreement. For such employees, the contractual grievance and arbitration procedure, as provided for in the collective bargaining agreement, shall be the sole recourse for appealing disciplinary action involving discharge or time off with loss of pay, and shall be in lieu of both the provisions of the Illinois Municipal Code governing discipline and discharge (ILCS ch. 65, act 5, § 10-2.1-17) and disciplinary proceedings before the village Board of Fire and Police Commissioners. An arbitrator's award made pursuant to said contractual grievance and arbitration procedure shall be final and binding, as provided in said collective bargaining agreement, and any request for judicial review shall be exclusively under and in accordance with the Uniform Arbitration Act (ILCS ch. 710, act 5, § 1 et seq.) and section 8 of the Illinois Public Labor Relations Act (ILCS ch. 5, act 315, § 8).

(b)

Exempt ranks.

(1)

Chief of Police. The Village Manager may discharge the Chief of Police from that rank at any time and in the Village Manager's sole discretion.

(2)

Other exempt ranks. All other officers of exempt rank may be discharged from said rank by the Chief of Police, with the prior advice and consent of the Village Manager, for failure to, in the judgment of the Chief of Police, satisfactorily perform the duties of the exempt rank office, or for any of the reasons for which a nonexempt rank officer would be subject to suspension or removal from office set forth in subsection (a) of this section.

(3)

Effect of discharge of exempt rank personnel. In the event that a person of exempt rank is discharged from that rank, the officer shall revert to the officer's permanent rank, if any, in the Police Department as established under the Fire and Police Commission Act, held prior to promotion to exempt rank. Discharge of any officer from exempt rank shall not preclude further proceedings being brought before the Board of Fire and Police Commissioners in conformance with subsection (a) of this section, even though such proceedings may arise from the same event or transaction which caused the officer's discharge from exempt rank.

(Code 1993, § 2-15.2.5; Ord. No. 93-O-38, 6-22-1993; Ord. No. 2001-O-40, 6-12-2001)