§ 2-555. Removal of members.

(a)

Nonexempt ranks. All members of the Fire Department provided for in section 2-533 and defined as being of nonexempt rank as defined in section 2-533(b) 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, 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 Fire Department of the village, or providing, in whole or in part, a course of conduct and the duties of members of the Fire Department or pertaining in any manner to the Fire Department. Nonexempt rank members of the Fire 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 department, or may be suspended by the Fire Chief in the circumstances and manner permitted under state law.

(b)

Exempt ranks.

(1)

Fire Chief. The Village Manager may discharge the Fire Chief 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 Fire Chief, with the prior advice and consent of the Village Manager, for failure to, in the judgment of the Fire Chief, 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, said officer shall revert to the officer's permanent rank, if any, in the Fire 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, § 2-15.3.5; Ord. No. 93-O-37, 6-22-1993)