[1943 Code § 212.01; Ord. 89-4, 5-15-1989, § 1; Ord. 97-01, 1-6-1997, § 1]
The Police Department of the Village is hereby created and established. It shall consist of a Chief of Police, a Deputy Chief of Police, a Special Assistant to the Chief of Police, and such Captains, Lieutenants, Sergeants and such other officers and personnel as shall be determined by the President and Board of Trustees in the annual appropriation ordinance. The Village Manager is authorized to appoint, suspend or discharge the Chief of Police, in accordance with Section 38-1A of this article. The Chief of Police is authorized to appoint, suspend or discharge the Deputy Chief of Police and the Special Assistant to the Chief of Police. Such Deputy Chief of Police and the Special Assistant to the Chief of Police shall be appointed solely from the officers of the Elmwood Park Police Department and shall be exempt from examination and the other requirements of Paragraphs 10-2.1-4 and 10-2.1-15 of the Illinois Municipal Code. In the event the Chief of Police discharges the Deputy Chief of Police or the Special Assistant to the Chief of Police, said officer shall revert to his permanent rank as established under the Fire and Police Commission Act.
[Ord. 2-16-1976, § 1]
The Village Manager is authorized to appoint, suspend and discharge the Chief of Police.
In the event the Village Manager discharges the Chief of Police, such officer shall revert to his permanent rank, if any, in the Police Department as established under the Fire and Police Commission Act.
[Ord. 8-19-1985, § 1; Ord. 88-18, 8-15-1988, § 3; Ord. 92-20, 10-19-1992, § 3; Ord. 98-32, 12-7-1998, § 2; Ord. 2016-16, 5-2-2016]
The Village does hereby establish as its personnel policy for applicants for the position of police officer, the following:
(a) 
All applicants for the position of police officer must be a citizen of the United States and must be a resident of the state of Illinois for at least one year immediately preceding the date of examination for such position.
(b) 
All applicants for the position of police officer must meet the reasonable limitations as to health, habits and moral character, as established by the board of fire and police commissioners of the Village.
(c) 
All applicants for the position of police officer must possess a high school diploma or an equivalent high school education, and must meet the qualifications for such position as established by the board of fire and police commissioners of the Village.
(d) 
In addition to the minimum educational qualifications required by Illinois state statute and/or other sections of this Code, applicants for the position of police officer shall have either: 1) completed a minimum of 60 semester hours of college credit from a college or university accredited in the state where such college or university is located, or 2) have served as an auxiliary police officer of the Village a minimum of two years. Courses from a trade school and/or technical school are not applicable toward the required college credit. The final decision on acceptable college credits shall be at the discretion of the board of fire and police commissioners.
(e) 
No person shall be appointed to the police department unless he is a person of good character, not a habitual drunkard, gambler, or a person who has been convicted of a felony or a crime involving moral turpitude.
(f) 
All applicants must have successfully completed the power test and shall be required to present evidence of having successfully completed such power test on or before the date of the written examination for candidates for police officer.
(g) 
The names of candidates for original appointment for the position of police officer shall be stricken after such names have been on the original appointment eligibility list for more than three years.
[Ord. 88-18, 8-15-1988, § 4; Ord. 98-05, 3-2-1998, § 2]
As a condition of employment, a successful applicant shall be required to reside in the geographical area described as Cook, DuPage, Kane, Will, Lake and McHenry Counties, in Illinois, within six months of being sworn as a probationary police officer, or as such time period may be extended by the board of fire and police commissioners. Continued residence within such geographical area shall be a condition of employment throughout the police officer's service with the Village. All police officers whose employment is subject to a collective bargaining agreement with the Village shall be required to reside within the geographical area described in such collective bargaining agreement, as amended from time to time.
[Ord. 2000-21, 9-18-2000, §§ 1 — 6]
(a) 
A "part time police officer," when used herein, shall be defined to mean a member of the Elmwood Park police department who is employed by the Village of Elmwood Park for less than 1,560 hours in any twelve-month period beginning on January 1 of any calendar year and subject to the training requirements for part time police officer as may be promulgated by the Illinois law enforcement training standards board.
(b) 
The Village Manager shall be authorized to hire part time police officers.
(c) 
The Village Manager is hereby given discretionary authority to hire part time police officers as he deems necessary, subject to the approval of the Village President and further subject to the authority of the Elmwood Park Board of Trustees to control and limit the number of part time police officers, the salary established for part time police officers and the total hours worked by all part time police officers.
(d) 
All part time police officers shall deem to be at will employees of the Village, and their employment may be terminated or their hours diminished at the sole discretion of the Village Manager.
(e) 
All part time police officers hired under the provisions of this section shall complete the training required of part time police officers established by the Illinois Law Enforcement Training Standards Board.
(f) 
No part time police officer employed pursuant to the provisions of this section shall be subject to any of the provisions contained in Section 10-2.1-1 et seq., of the Illinois Municipal Code[1] and the provisions contained therein for the hiring of full time police officers, discipline of full time police officers and termination of full time police officers shall not apply to part time police officers hired under the provisions of this section.
[1]
Editor's Note: See 65 ILCS 5/10-2.1-1 et seq. (1998).
[Ord. 2018-19, 3-5-2018; amended 4-6-2020 by Ord. No. 2020-16]
(a) 
Notwithstanding the provisions of § 38-1B of the Code of the Village of Elmwood Park, pursuant to Section 10-2.1-6(h) of the Illinois Municipal Code [65 ILCS 5/10-2.1-6(h)], as modified herein through the exercise of the Village's authority as a home rule unit of government, police applicants who are currently employed and have been employed for at least one year as a full-time sworn officer of a regular Police Department in any municipal, county, university or state law enforcement agency, who have completed their probationary period in such regular Police Department and who have been certified by the Illinois Law Enforcement Training Standards Board (a "lateral hire") may be hired by the Village Manager pursuant to this section of the Village Code. Whether to employ a police officer utilizing this § 38-1E, rather than § 38-1B of this Code, shall be determined by the Village Manager.
(b) 
The process for making a lateral hire pursuant to this § 38-1E shall be as follows:
(1) 
Following the receipt of an application by a person qualified to be a lateral hire, if the Chief of Police determines that it is in the best interest of the Village to attempt to utilize the provisions of this § 38-1E, then the Chief of Police shall conduct a background examination of the lateral hire candidate and shall thereafter conduct an interview of such lateral hire candidate. Following such application, background examination and interview, if the Chief of Police is satisfied that the use of the procedures contained in this § 38-1E continue to advance the best interests of the Village, the Chief of Police shall make a recommendation to the Village Manager that the procedures of § 38-1E be utilized to hire such lateral hire candidate. If the Chief of Police does not make such recommendation, then the lateral hire provisions of this § 38-1E shall cease for such candidate.
(2) 
Following such recommendation from the Chief of Police, if the Village Manager determines that the use of the hiring procedures contained in this § 38-1E are to be utilized, a conditional offer of employment to such lateral hire candidate shall be made, subject to the candidate's successful completion of a physical examination, a medical examination and a psychological examination.
[1943 Code § 212.02]
The Police Department shall be organized and shall operate as provided by the rules and regulations and subject to the control of the Board of Fire and Police Commissioners and as may be provided by this chapter.
[1943 Code § 212.03]
Before entering upon the duties of their respective offices, each policeman shall execute a bond to the Village, with such sureties as the President and Board of Trustees shall approve, conditioned upon the faithful performance of their respective offices.
[1943 Code § 212.07]
The members of the Police Department, when on duty, shall devote their entire time and attention to the discharge of the duties of their stations according to the laws and ordinances of the Village, and the rules and regulations of the department, to preserve order, peace and quiet and enforce the laws and ordinances throughout the Village.
[1943 Code § 212.09]
It shall be the duty of members of the Police Department to aid the Fire Department, by giving alarms in cases of fires, and in clearing the streets and grounds in the immediate vicinity of the fire, so that the members of the Fire Department shall not be hindered or obstructed in the performance of their duties.
[1943 Code § 212.08; Ord. 2001-2, 2-5-2001, § 1]
The Chief of Police shall execute or cause to be executed, all orders directed to him by the Department of Health and Human Services, so far as they relate to the preservation of the health of the Village.
[1943 Code § 212.11]
Any regular member of the Police Department shall have power and authority, and it shall be his duty, in the Village to serve and execute warrants and other processes for the apprehension and commitment of persons charged with the violations of and provision of this Code or any other Village ordinance or any crime, misdemeanor or offense against the peace of the State or the Village, or held for examination or trial, or taken on execution for the commission of any crime, misdemeanor, or violation of any law or ordinance of the Village, and while serving or executing or assisting in the service or execution of any such warrant or process he shall be vested with and have all the powers and authority conferred on constables by the laws of the State.
[1943 Code § 212.13]
The members of the police force of the Village are authorized to arrest with or without process, or on view, any person who shall break the peace or be found violating any ordinance of the Village or any criminal law of the State, and to take such person before the Judge of the Municipal Court of the Village or any Justice of the Peace of Cook County, or if necessary, detain such person in custody overnight or Sunday in the Village Jail, or any other safe place, until they can be brought before the proper judge or justice for trial.
[1943 Code § 212.14]
All members of the police force making arrests shall attend as witnesses before the court where the trial may be had, and shall procure all necessary evidence in their power, and furnish a list of witnesses to the court and Village Attorney; and no such policeman shall be entitled to any witness fees to be taxed against the Village in any action for the violation of an ordinance where the Village is plaintiff.
[1943 Code § 212.15]
The Chief of Police shall make an annual report in writing to the Village Manager of the state of the police force with a detailed report of the transactions of the police department for the preceding year, with such statistics and suggestions in regard to the requirements of the department as the Village Manager may deem advisable; and also make reports of any matter or thing concerning such department, whenever requested by the Village Manager.
[1943 Code § 212.18]
It shall be the duty of any person in the Village, when called upon by any member of the police force, in case of emergency, to promptly aid and assist such officer in the execution of his police duties.
[1943 Code § 212.19]
It shall be unlawful for any person not a regular, deputy or special policeman, to assume to act as a policeman in any capacity within the Village, or for any person other than a policeman to wear a star, uniform or other official badge like that of a Village policeman.
[Ord. 87-11, 10-6-1987, § 1; Ord. 96-16, 6-3-1996, § 1; Ord. 2000-2, 2-7-2000, § 1; Ord. 2003-03, 3-3-2003, § 1; Ord. 2006-12, 11-6-2006, § 1; Ord. 2016-31, 8-15-2016]
(a) 
Appointment. The President, by and with the advice and consent of the Board of Trustees, may appoint auxiliary police officers. Such auxiliary police officers shall serve at the pleasure of the President, but in no event shall they be appointed for a term extending beyond April 30 in any given year, and such auxiliary officers shall only be continued in office upon affirmative action of the Village President to reappoint such auxiliary police officers. Such auxiliary police officers shall, at all times during the performance of their duties, be subject to the direction and control of the Chief of Police. Any employment relationship existing between the Village and any auxiliary police officer shall be terminable at will employment.
(b) 
Hiring Standards. Prior to appointment, all prospective auxiliary police officers shall complete an application form as prescribed by the Village Manager. Prior to appointment, all prospective auxiliary police officers shall be fingerprinted and shall have a criminal background check completed. No person shall be appointed as such auxiliary police officer if he has been convicted of a felony or other crime involving moral turpitude.
(c) 
Status. Auxiliary police officers shall not be "conservators of the peace" and shall only carry firearms while on duty, with the permission of the Chief of Police, and only after completing the state certified forty hour mandatory firearms training course as provided under 50 Illinois Compiled Statutes 710/2. Auxiliary police officers shall not be considered to be members of the regular police department, and shall not supplement members of the regular police department of the Village in the performance of their assigned and normal duties, except as otherwise provided herein.
(d) 
Training. Prior to entering upon any of their duties, auxiliary police officers shall receive a course of training in the use of weapons and other police procedures, which training and course of study shall be determined and provided by the corporate authorities.
(e) 
Identification Symbol. Identification symbols worn by the auxiliary police officers shall be different and distinct from those used by the regular police department.
(f) 
Supervision. The auxiliary police shall be under the command of the Chief of Police. The Chief of Police shall assign a regular police commander, sergeant or officer to act as liaison to the auxiliary police. When working on a regular detail, the auxiliary officer shall be under the command of the assigned watch commander and shall be subject to his orders and to the rules and regulations governing the regular police. The Chief of Police may, with the approval of the Village Manager and the President and Board of Trustees, appoint one auxiliary police captain, one lieutenant and three sergeants.
(g) 
Powers and Duties. Auxiliary police officers shall only be assigned to perform the following duties in the Village:
(1) 
To aid or direct traffic within the municipality,
(2) 
To aid in control of natural or man-made disasters, and
(3) 
To aid in case of civil disorder as directed by the Chief of Police.
When it is impractical for members of the regular police department to perform those normal and regular police duties, however, the Chief of Police of the regular police department may assign auxiliary police officers to perform those normal and regular police duties.
(h) 
Rules and Regulations. The Chief of Police shall establish rules and regulations to implement the policy governing auxiliary police officers as established by the President and Board of Trustees. These rules and regulations shall be subject to the approval of the police and fire committee of the Village board. The Chief of Police shall be required to report quarterly on the activities of the auxiliary police. A quarterly report of hours worked and hours of training shall be filed with the Village board by the Chief of Police, along with his recommendations for reappointment of auxiliary police officers at least 30 days prior to the expiration of the auxiliary police officer's term of office.