[Ord. 2017-52, 11-6-2017]
The purpose of this chapter is to provide a fair and efficient method of determining the eligibility of an employee for the benefits enumerated under the Public Safety Employee Benefits Act, 820 Illinois Compiled Statutes 320/1 et seq., ("PSEBA"), through an administrative process including, if necessary, an administrative hearing. All benefits provided under this chapter will be consistent with PSEBA.
[Ord. 2017-52, 11-6-2017]
(a) 
Application for PSEBA Benefits. The Village shall maintain a PSEBA benefit application form which shall be the standard form required for a PSEBA benefit applicant (hereinafter the "applicant") to request benefits under PSEBA. The form shall be completed pursuant to the instructions on the application and delivered to the Village Manager for review and consideration. The applicant shall provide, along with the application and the required information therein, any medical records regarding the injury, any decisions by a governing Public Safety Pension Board and supporting documentation related to such Pension Board decisions, and any additional pertinent documentation that the applicant wants to have considered or that is requested by the Village.
The PSEBA benefit application form must be signed, sworn and notarized to certify the truthfulness of the content of the information contained in the completed application. The application shall also include a PSEBA medical authorization release and a PSEBA general information release, executed and notarized by the applicant. Both the PSEBA medical release and the PSEBA general information release authorize the collection of information related to the incident that qualifies the applicant for benefits under PSEBA, including, but not limited to, the disability pension proceedings, workers' compensation records and medical records. The Village Manager's review of the PSEBA benefit application will not occur until the application is complete including the completion of the PSEBA medical authorization release and a PSEBA general information release.
Applicant must file a complete and executed PSEBA benefit application no later than 30 days from the date of the governing Safety Pension Board's granting of a line-of-duty disability pension or within 30 days of the date of the adoption of this chapter, whichever is later. Failure to timely file a full and complete application will result in the forfeiture of benefits under PSEBA.
(b) 
Application Review Process.
(1) 
When the Village Manager receives a complete and executed PSEBA benefit application, the Village Manager shall review the application and engage in such additional fact-finding and/or investigation as may be deemed necessary or appropriate to evaluate the application, including, but not limited to the review of Public Safety Pension Board hearing transcripts and decisions, workers' compensation documentation and independent medical examinations.
(2) 
If additional fact-finding and/or investigation set forth above is determined to be necessary by the Village Manager, the applicant shall fully cooperate. If the applicant refuses or otherwise fails to fully cooperate, then a written notice shall be sent to the applicant reiterating the duty of full cooperation in the fact-finding and/or investigation process. If the applicant fails to cooperate as requested within 21 calendar days after service of such notice, then the application for PSEBA benefits shall be deemed withdrawn.
(3) 
The Village Manager shall make an initial determination in writing, with a copy to the applicant, within 45 calendar days after the later of the following:
(A) 
The submission of all documentation relevant to the PSEBA benefit application; or
(B) 
The completion of such additional fact-finding or investigation as deemed necessary or appropriate by the Village Manager (as stated in Subsections (b)(1) and (b)(2) of this section).
The Village Manager's initial determination shall include the reasons for the recommendation and shall state that:
(A)
The applicant is eligible for benefits under PSEBA; or
(B)
The applicant is ineligible for benefits under PSEBA; or
(C)
A hearing as set forth in Section 2D-3 of this chapter should be convened in order to determine whether or not the applicant is eligible for benefits under PSEBA.
(4) 
If the Village Manager's initial determination denies benefits under PSEBA, the applicant shall have the right to request a hearing as set forth in Section 2D-3 of this chapter, by submitting a written request for such hearing to the Village Manager within 30 calendar days from the date of the Village Manager's initial determination.
[Ord. 2017-52, 11-6-2017]
If the Village Manager makes the determination that a hearing should be convened or the applicant requests a hearing, the Village Manager shall convene a hearing which shall be overseen by a Hearing Officer, appointed by the Village Manager as set forth in Subsection (b) of this section, whose power and authority and limitations are as follows:
(a) 
Power of the Hearing Officer. The Hearing Officer shall have all of the powers granted to him or her under common law relative to the conduct of an administrative hearing including the power to:
(1) 
Preside over the administrative hearing;
(2) 
Administer oaths;
(3) 
Hear testimony and accept evidence that is relevant to the issue of eligibility under PSEBA;
(4) 
Issue subpoenas to secure attendance of witnesses and the production of relevant papers or documents upon the request of the parties or their representatives;
(5) 
Rule upon objections presented at the administrative hearing;
(6) 
Preserve and authenticate the record of the hearing and all exhibits in evidence introduced at the hearing; and
(7) 
Issue a determination based on the evidence presented at the hearing, the determination of which shall be in writing and shall include a written finding of facts, decision and order.
(b) 
Hearing Officer. The Village Manager is authorized to appoint a Hearing Officer for each administrative hearing held under this chapter. A Hearing Officer must be an attorney who has been licensed to practice law in Illinois for at least three years. In making the appointment, the Village Manager must consider the candidate's ability to perform the requirements of a Hearing Officer and his or her knowledge and experience in administrative practice, the rules of evidence, civil procedure, and laws concerning PSEBA and other benefits for public-safety employees.
(c) 
Administrative Hearing. An administrative hearing shall be held, under the guidelines set forth below, to adjudicate and determine whether the applicant is eligible for benefits under PSEBA. If the applicant is found eligible, the benefits shall be consistent with PSEBA.
(1) 
Time and Date. The Village shall notify the applicant of the administrative hearing pursuant to a written notice served upon the applicant via U.S. mail, at least 10 calendar days prior to the scheduled hearing. Such notice will indicate the date, time and place that the hearing will be held, as established by the Village, along with the name and contact information of the Hearing Officer who will preside at the hearing. If the applicant cannot attend said hearing on the date or time as indicated in the notice, the applicant must contact the Hearing Officer within seven business days of service of the notice to coordinate an alternative hearing date. Failure to coordinate an alternative date or appear at the scheduled hearing may result in the denial of PSEBA benefits.
(2) 
Record. All hearings shall be attended by a certified Court Reporter who shall make a transcript of all proceedings.
(3) 
Procedures. The Village, by the Village Manager or his or her designee, and the applicant shall be parties to the administrative proceedings and each shall be entitled to representation by counsel at the administrative hearing. Each party may present witnesses, may present testimony and documents, may cross-examine opposing witnesses, and may request the issuance of subpoenas to compel the appearance of relevant witnesses or the production of relevant documents.
(4) 
Evidence. The rules of evidence as set forth in the Illinois Code of Evidence shall apply to the extent practicable unless, by such application, the Hearing Officer determines that application of the rule would be an injustice or preclude the introduction of evidence of the type commonly relied upon by a reasonably prudent person in the conduct of her or his affairs. Such determination shall be in the sole discretion of the Hearing Officer.
(5) 
Determination. Within 90 days from the conclusion of the administrative hearing, the Hearing Officer shall issue a determination of whether the petitioning applicant is eligible for benefits under PSEBA. This determination shall be in writing, with a copy to the applicant and the Village Manager, and shall include a written finding of facts, decision and order. The determination by the Hearing Officer shall constitute a final administrative determination for the purpose of judicial review under the common law writ of certiorari.
(6) 
Acknowledgment of Determination. The Hearing Officer's determination shall be presented to the Village President and Board of Trustees at the next regularly scheduled Village Board meeting, subject to the notice provisions of the Open Meetings Act. At that meeting, the Village President and Board of Trustees shall:
(A) 
Accept the Hearing Officer's determination, by resolution; or
(B) 
Decide, by motion, to timely appeal the Hearing Officer's determination to the appropriate Circuit Court for judicial review regarding whether or not the applicant is eligible for benefits under PSEBA. Once the court (either the Circuit Court or any subsequent Appellate Court if the matter is appealed further by either party) makes a final decision regarding whether or not the applicant is eligible for benefits under PSEBA, the Village Board shall, by resolution, acknowledge and accept the court's final decision.
(7) 
Burden of Proof. The applicant shall have the obligation and burden of proof to establish that the applicant is qualified to receive PSEBA benefits. The standard of proof in all hearings conducted under this chapter shall be by the preponderance of the evidence.
(8) 
Administrative Records. All records pertaining to the administrative process will be held within the Office of the Village Clerk, in a file in the public safety employee's name, separate from the employee's personnel file.