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TO: Mayor Thomas J. Weisner
FROM: Alayne Weingartz, Corporation Council
DATE: January 7, 2016
SUBJECT:
An Ordinance Amending Chapter 36, Article II, of the Aurora Code of Ordinances Entitled "Deputy Police Chief".
PURPOSE:
The current city ordinance, as it pertains to the position of Deputy Chief of Police, only allows officers with the rank of Commander to be recommended as Deputy Chief. This ordinance amendment proposes to add officers holding the rank of Lieutenant to be considered for the position as well.
BACKGROUND:
Chapter 36 of the City of Aurora Code of Ordinances allows the Chief of Police to determine if they wish to recommend the appointment of a Deputy Chief. Former Police Chief Greg Thomas, who served as chief for eight years, opted not to utilize the position. The Mayor's recommendation for Chief, Commander Kristen Ziman, has indicated if approved by the City Council, she plans to recommend a candidate for Deputy Chief, following a selection process.
Chapter 36, Article II only provides the Chief the option to select a candidate for Deputy Chief from the Commander ranks. If Commander Ziman's appointment as Chief is approved, that creates two vacancies at the Commander level, thus creating a longer and more complicated process to selecting a Deputy Chief.
DISCUSSION:
Lieutenants are eligible to apply for and be recommended as Police Chief, so to open the position of Deputy Chief to both Lieutenant's and Commander's is a natural transition. It will also provide for a smoother transition department wide.
IMPACT STATEMENT:
This ordinance amendment, if passed, is anticipated to have a positive impact on the Aurora Police Department as a whole.
RECOMMENDATIONS:
It is recommended this item be forwarded to City Council for approval.
CITY OF AURORA, ILLINOIS
ORDINANCE NO. _________
DATE OF PASSAGE ________________
title
An Ordinance Amending Chapter 36, Article II, of the City of Aurora Code of Ordinances Entitled "Deputy Chief".
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WHEREAS, the City of Aurora has a population of more than 25,000 persons and is, therefore, a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; and
WHEREAS, subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals, and welfare; and
WHEREAS, the ordinance currently only allows for a candidate of Deputy Chief to be selected from the rank of Commander; and
WHEREAS, it is desirable to have a greater number of potentially qualified candidates from which to choose when seeking the right candidate for a position of significance within the City such as the Deputy Chief of Police.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Aurora, Illinois, as follows:
Section One: That Section 36-27 of Article II of Chapter 36, entitled “Deputy Police Chief”, of the Aurora Code of Ordinances be and is hereby amended to read as follows:
Sec. 36-27. Deputy police chief.
(a) The police chief may create one position within the police department to be known as deputy police chief. The police chief shall select the person to serve in this position subject to final appointment by the mayor with the concurrence of the city council. Such position shall be selected from the then-current members of the ranks of commander and lieutenant and shall report to the police chief, and shall be exempt from the classified civil service.
(b) The police chief may remove such person from the position of deputy police chief for failure to properly or adequately perform the duties of such position, as determined by general order and in the discretion of the police chief, or for other just cause. Upon removal from such position, the person shall revert back in rank to the previous rank held prior to appointment hereunder.
(c) In the police chief’s absence, the deputy chief shall assume the duties and responsibilities of the police chief.
Section Two: That this ordinance shall be in full force and effect, and shall be controlling, upon its passage and approval.
Section Three: That all ordinances or parts of ordinances thereof in conflict herewith are hereby repealed to the extent of any such conflict.
Section Four: That any Section or provision of this ordinance that is construed to be invalid or void shall not affect the remaining Sections or provisions which shall remain in full force and effect thereafter.