===== PDF PAGE 38 ===== [Extraction: OCR (rendered-page OCR)] CITY OF WEST CHICAGO CITY COUNCIL AGENDA ITEM SUMMARY ITEM TITLE: Resolution No. 26-R-0020 AGENDA ITEM NUMBER: A Resolution Approving the Civil Service Commission's COMMITTEE AGENDA DATE: N/A Recommended Changes to Its Rules regarding the hiring of Lateral Transfer Applicants with Military Police COUNCIL AGENDA DATE: 03/02/2026 Qualifications STAFF REVIEW: Colin Fleury, Chief of Police SIGNATURE LZ — = —— APPROVED BY CITY ADMINISTRATOR: Tia Messino SIGNATURE he Police Department staff recommends changes to the Civil Service Commission Rules to increase the pool of qualified, eligible pplicants for the department's hiring process. iblic Act 103-389, which became effective January 1, 2024, added language to Section 8.1 of the Illinois Police Training Act, 50 lhas prior law enforcement experience in Illinois, in any other State, or with an agency of the federal government. The Act allows gencies to request a waiver of the normal training requirements that a police officer would have to successfully complete to become ertified. he proposed changes specifically allow for the consideration of applicants who have a military police (MP) background and meet he necessary criteria for reciprocity with the Illinois Law Enforcement Training and Standards Board (ILETSB) and shall follow thd | roposed changes to the Civil Service Commission Rules related to the hiring of Lateral Transfer Applicants outlined in Chapter IT, s aligns with recent changes in Illinois state law and ILETSB policies that recognize military training for civilian law enforcement ertification. ACTIONS PROPOSED: Staff recommends approval of Resolution No.26-R-0020 COMMITTEE RECOMMENDATION: Sent Directly to City Council ===== PDF PAGE 39 ===== [Extraction: embedded PDF text] RESOLUTION NO. 26-R-0020 A RESOLUTION APPROVING THE CIVIL SERVICE COMMISSION’S RECOMMENDED CHANGES TO ITS RULES BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that the Civil Service Commission Rules, a copy of which is attached hereto as Exhibit “A” are hereby approved. APPROVED this 2nd day of March 2026. AYES: ________ NAYES: ________ ABSTAIN: ________ ABSENT: ________ ______________________________ Mayor Daniel Bovey ATTEST: _______________________________ Executive Office Manager, Valeria Perez Page 1 of 1 ===== PDF PAGE 40 ===== [Extraction: embedded PDF text] Amended Rules and Regulations Of the Civil Service Commission Of the City of West Chicago State of Illinois Adopted by the City Council of the City of West Chicago, Illinois, effective September 10, 2024. 475 Main Street, West Chicago, Illinois 60185 Created by Ordinance 619 January 7, 1957 ===== PDF PAGE 41 ===== [Extraction: embedded PDF text] AMENDED RULES AND REGULATIONS OF THE CIVIL SERVICE COMMISSION OF THE CITY OF WEST CHICAGO STATE OF ILLINOIS Adopted by the City Council of the City of West Chicago, Illinois, effective March 2, 2026. CHAPTER I ADMINISTRATION SECTION 1: SOURCE OF AUTHORITY The Civil Service Commission of the City of West Chicago, Illinois, a home-rule municipality, derives its power and authority from an Act of the General Assembly entitled, Division 1. Civil Service in Cities, of Chapter 65 of the Illinois Compiled Statutes ILCS (the “Act”). These Rules are adopted in conformance with Sections 5/10-1-1 through 5/10-1-48 of 65 ILCS 5/10-1-1 et seq. of the Illinois Municipal Code, and approved by the corporate authority of the City. SECTION 2: DEFINITIONS The words “City Council” or “Council”, when used herein shall mean the corporate authority of the City. The words “Commission” or “Board,” when used herein shall mean the Civil Service Commission of the City of West Chicago, Illinois. The word “Officer” shall mean any person holding a full-time sworn police officer position at, and below, the rank of sergeant in the Police Department of the City of West Chicago. The masculine noun or pronoun includes the feminine. The singular includes the plural, and the plural the singular. SECTION 3: OFFICERS OF COMMISSION AND THEIR DUTIES The Commission shall annually, on the first meeting in December, elect its officers. They shall hold Office until the end of the Fiscal Year of the Municipality and until their successors are duly elected and qualified. The Chairperson shall be the Presiding Officer at all Meetings. The Chief Examiner shall keep the Minutes of all Meetings of the Commission in a permanent Record Book and shall be the custodian of all the forms, papers, books, records and completed Examinations of the Commission. SECTION 4: CHIEF EXAMINER The Commission shall employ a Chief Examiner, as permitted by Section 5/10-1-22 of an Act entitled Civil Service in Cities. The Chief Examiner shall, under the direction of the Commission, supervise all Examinations conducted by the Commission; shall be the ex-officio Secretary to the Commission, shall keep the minutes of its proceedings, preserve all reports made to it, recommend and select third party service providers, keep a record of all Examinations held under the Commission’s direction and perform such other duties as the Commission shall prescribe. 1 ===== PDF PAGE 42 ===== [Extraction: embedded PDF text] SECTION 5: MEETINGS Regular Meetings of the Commission shall be held monthly. All Meetings shall be noticed and conducted in conformance with the Illinois Open Meetings Act, 5 ILCS 120/1 et seq. SECTION 6: QUORUM A majority of the Members of the Commission shall constitute a quorum for the conduct of all business. SECTION 7: ORDER OF BUSINESS The Order of Business at any Meeting shall be: (1) Call to Order and Establishment of a Quorum (2) Approval of Minutes (3) Public Participation (4) Old Business (5) New Business (6) Items for Discussion (7) Correspondence (8) Executive Session (9) Items to be Referred for Final Action from Executive Session (10) Adjournment SECTION 8: PROCEDURE The parliamentary procedure prescribed in Robert’s Rules of Order, as amended, shall be followed to the extent applicable. The Rules may be suspended for a specific Agenda item, upon unanimous vote of a quorum of the Members. SECTION 9: AMENDMENTS Amendments to the Rules may be made at any meeting of the City Council. All amendments shall forthwith be printed for distribution and notice shall be given of the place or places where said Rules may be obtained. Such notice shall be published in a newspaper of general circulation in the City of West Chicago. The notice shall specify the meeting date, not less than 10 days subsequent to the date of such publication, when the Rules shall go into effect. 2 ===== PDF PAGE 43 ===== [Extraction: embedded PDF text] SECTION 10: ANNUAL REPORT The Commission shall submit an Annual Report to the Mayor of its activities, as required by 5/10-1- 21 of the Civil Service in Cities Act. CHAPTER II APPLICATIONS SECTION 1: EQUAL EMPLOYMENT OPPORTUNITY It is the policy of the Commission that it will give consideration to all Applicants and will not discriminate against any Applicant on the basis of age, race, religion, color, gender, handicap, martial or civil union status, sexual orientation, national origin or any other prohibited criteria and will comply with all State and Federal laws relating to employment opportunities. The Commission can consider, among other Applicants, Lateral Transfer Applicants who are in good standing and certified by the Illinois Law Enforcement Training and Standards Board (ILETSB) as a full-time police officer in Illinois. Applicants transferring from another Illinois police agency shall not be required to submit to the Written Examination but shall otherwise be subject to the Rules set forth herein. Applicants transferring from an out-of-state police agency shall not be subject to the written examination and must meet the mandatory minimum Illinois police training requirements within six months of their probationary hire date or provide an approved waiver from the ILETSB certifying proof of professional experience that meets or exceeds the training requirements of Section 8.1 of the Police Training Act. SECTION 2: CITIZENSHIP An Applicant shall be a Citizen or permanent resident of the United States at the time of Examination and otherwise satisfy the employment standards set forth in the Act unless there is a standard waived by the Commission in its sole and absolute discretion on good cause shown. SECTION 3: APPLICATIONS Applications for Police Officer shall be furnished by the Commission and Applicants shall comply with the requirements of said Form in every respect. The Application shall be filed with the Commission prior to taking an Examination. The Commission shall set a deadline for Application submission for any Examination. Every Applicant shall be of good moral character, temperate habits, sound health, and must be physically able to perform the essential duties of the position. The burden of establishing these required criteria rests upon the Applicant. The Applicant shall furnish, with the Application, a true and correct copy of a Birth Certificate and, if applicable, Military Service Record and Discharge papers. All Applications shall include a Peace Officer Wellness Evaluation Report (POWER) Test Card (hereinafter “PT CARD”), establishing that the Applicant, within the eleven (11) months prior to the submission of an Application, has passed the minimum standardized Power Test necessary to qualify to become a sworn West Chicago police officer. Only PT Cards issued by an entity authorized by the Commission will be accepted. At its 3 ===== PDF PAGE 44 ===== [Extraction: embedded PDF text] discretion, the City may administer the POWER Test. Lateral Transfer Applicants shall be in good standing and certified by the Illinois Law Enforcement Training and Standards Board (ILETSB) as a full-time police officer in Illinois. This status will be verified upon receipt of an application for Lateral Transfer by the City. The Commission may limit the maximum number of Applications it will receive for any Application period. Any limitation on the number of Applications shall be published by the Commission as part of its notification that Applications are open. SECTION 4: DISQUALIFICATION The Commission may refuse to examine an Applicant or, after Examination, to Certify said Applicant as eligible if the Applicant: a) Does not meet minimum qualifications of the job; and/or b) Is physically or mentally unable to perform the essential duties of a police officer so long as the disqualification is consistent with Federal or State laws prohibiting disability discrimination; and/or c) Is addicted to alcohol or is found to have illegally taken or used drugs and/or narcotics; and/or c) Has been convicted of a felony, or of a misdemeanor specified in Section 5/10-1-7(c) of the Civil Service in Cities Act, or has been convicted or arrested for an offense which is a factor in determining that person’s habits or moral character; and or e) Has been dismissed from any employment or public service for good cause; and/ or f) Includes any deception or fraud in the Application; and/or g) Has made misrepresentations of any kind on the Application or any Certificate which may accompany such Application; and/or h) Has character or employment references that are unsatisfactory; and/or i) Has been classified by his Local Selective Service Draft Commission as a Conscientious Objector; and/or j) Improper, insensitive and/or inappropriate social media posts and comments as an adult. Any Applicant deemed disqualified hereunder, shall be notified by the Commission through its Chief Examiner. SECTION 5: PHYSICAL AND MEDICAL EXAMINATIONS Applicants for original appointment as a police officer who have passed the Written and Oral Examinations shall be required to submit to a thorough medical Examination, including drug and alcohol screens by a licensed physician, or at his direction, by his Staff. Any Applicant accepted and 4 ===== PDF PAGE 45 ===== [Extraction: embedded PDF text] sent to a Police Academy for training shall be required to pass a POWER TEST, as required by the Illinois Law Enforcement Training and Standards Board, as determined by the Academy. The PT Card filed with the Application will not satisfy this requirement. Failure to pass the POWER TEST at the Academy shall disqualify the individual from employment as a police officer with the City. Applicants may be provided an opportunity to perform a preliminary POWER TEST prior to attending the Academy, should the Applicant wish to do so, which will be made available through the City. SECTION 6: AGE REQUIREMENTS Applicants for original appointment as police officer shall be under 35 years of age, unless exempt from such age limitation as specified in Illinois Compiled Statutes, Chapter 65, Section 5/10-1-7 (j) of an Act entitled Civil Service in Cities. Applicants for positions as police officers who are 20 years of age and have successfully completed two (2) years of law enforcement studies at an accredited college or university shall be eligible to take the initial Examination for police officer. Any such Applicant who is appointed under this provision of the Act shall not have power of arrest or be permitted to carry firearms until Attaining the age of 21 years. Other Applicants for original appointment as police officers not having such college education must be 21 years of age. Proof of birth date will be required at time of Application. Other age hiring limitations as permitted by statute shall be applicable. SECTION 7: NOTICE OF ACCEPTANCE The Chief Examiner, or designee, will notify all Applicants for original appointment as police officers whose Applications have been accepted by the Commission, to be present for orientation and subsequent Examination. SECTION 8: RELEASE OF LIABILITY All Applicants for such positions prior to taking any required or offered Examination, including the preliminary Power Test referenced herein, shall execute and deliver to the Commission a release of all liability claims and damages that may result from taking a pre-employment medical exam and basic Physical Ability Examination, in favor of the City of West Chicago, its employees, officials, Commissioners, and attorneys on a form to be prescribed and provided by the Commission. Refusal to execute and deliver the release required by this section shall disqualify the Applicant. CHAPTER III POLICE OFFICER EXAMINATIONS AND ORIGINAL APPOINTMENTS SECTION 1: NOTICE OF EXAMINATIONS Examinations shall be held on the dates fixed by the Commission and advertised in a local paper in accordance with the statutes of the State of Illinois. Examinations may be postponed by order of the Commission, which order shall state the reason for such postponement and shall designate a new date for said Examination. Applicants shall be notified of the postponement of any Examination and of the new date fixed for said Examination. 5 ===== PDF PAGE 46 ===== [Extraction: embedded PDF text] SECTION 2: SCHEDULING EXAMINATIONS The Commission shall issue a Call for Examinations to fill for the position of police officer. The Call for such Examination shall be entered in the minutes of the Commission and shall include a statement of the time and place where such Examination will be held, the location where Applications may be obtained and the date by which Applications must be returned to the Commission. SECTION 3: TYPE OF EXAMINATIONS If an Orientation is conducted, Applicants shall attend the Orientation Program sponsored by the Commission. Failure to attend a required Orientation shall disqualify the Applicant from consideration. In addition, Applicants shall participate in Written and Oral Examinations and such other examinations as determined by the Commission as more particularly set forth in Section 4 below. No Examination shall contain questions regarding Applicants’ political or religious opinions or affiliations. SECTION 4: EXAMINATIONS--MINIMUM GRADE The following Examinations are required and shall be conducted by the Commission. The sequence of testing may vary at the discretion of the Commission. Failure to achieve the minimum passing grade in any Examination disqualifies the Applicant from any further participation or consideration. Examinations Minimum Passing Orientation Attendance Mandatory Written Examination * Oral Examination (Interview) * Background Investigation Pass or Fail Polygraph Examination Pass or Fail Psychological Examination Pass or Fail Medical Examination Pass or Fail PT Card Pass or Fail *To be announced by the Commission prior to conducting the Examination and may vary based upon the Examination of the Testing Agency used by the Commission. SECTION 5: ORIGINAL APPOINTMENT--WRITTEN EXAMINATION Information as to the type of Written Examination employed by the Commission will be provided as part of the Orientation Program. All Examination papers shall be and remain the property of the Commission and the grading thereof by the Commission, or any outside agency appointed by the Commission for grading, shall be final and conclusive and not subject to review by any other board or tribunal of any kind or description. Applicants who fail to achieve a passing grade will be notified and eliminated from all further consideration. Grading and scores shall not be available to the Applicant or anyone other than the Commission. Grading and scores are not subject to FOIA disclosure. The Written Examination shall not be required for a Lateral Transfer Applicant who is certified as a full-time police officer by ILETSB. 6 ===== PDF PAGE 47 ===== [Extraction: embedded PDF text] SECTION 6: ORIGINAL APPOINTMENT - ORAL EXAMINATION The Chief Examiner shall conduct the Original Appointment Oral Examination. However, all Commissioners are encouraged to participate in the Oral Examination as examiners. The Commission may, at its discretion, further designate other examiners, qualified in the field of law enforcement, to participate in the Oral Examination. Examples of qualified examiners may include a testing agency or an active sworn or retired sworn police officer. Questions shall be asked of the Applicant that will enable the Commissioners to properly evaluate and grade the Applicant on knowledge, speech, ability to communicate, judgment, emotional stability, self-confidence, social skills and general fitness for the Position. On completion of each Oral Examination the examiners will discuss the Applicant’s abilities using the traits listed above and provide their evaluation of such to the Commissioners, who shall determine the Applicants final score on the Oral Examination. Applicants who fail to successfully complete the Oral Examination will be notified and eliminated from all further consideration. Those that arrive after their appointed time without proper notice shall be immediately removed from the process. The Commissioners may request Police Department Command Staff attendance during the Oral Examination and may consider Command Staff’s input, at the Commission’s sole discretion. SECTION 7: INITIAL ELIGIBILITY REGISTER The Commissioners will prepare an Initial Eligibility Register of all the Applicants who have successfully completed the initial sequence of Examinations. The Applicants will be listed in order based on their cumulative final score. In the event of a tie score, the placement of the tied Applicants’ names on the Eligibility Register shall be determined by lot, in the presence of a quorum of the Commission in whatever manner the Commission deems appropriate. The Eligibility Register is subject to change with the addition of the following: a) Five (5) Veteran Preference Points, as proscribed in Illinois Compiled Statutes, Chapter 65, Section 5/10-1-16 of the Act. b) Two and one half (2.5) Educational Preference Points for Applicants who have obtained an Associate’s Degree. c) Five (5) Educational Preference Points for Applicants who have obtained a Bachelor’s Degree. Applicants applying for preference points shall submit a complete Application, including all supporting documentation, to receive the preference points, no more than fourteen (14) calendar days from the posting date of the original eligibility register. Failure to apply and provide bona fide proof within the fourteen (14) calendar days shall be deemed a waiver of any consideration of an Applicant’s preference points. The maximum number of preference points available to an Applicant shall be ten (10), even if the Applicant satisfies more than one criterion set forth in this Section. SECTION 8: LATERAL TRANSFER In addition to original appointments, the City will create a second Eligibility Register of Applicants who are currently employed as a full-time sworn officer of a Police Department in any municipality, 7 ===== PDF PAGE 48 ===== [Extraction: embedded PDF text] county, university or State law enforcement agency, provided they are certified by ILETSB and are actively employed with a respective law enforcement agency within the State of Illinois. Applicants must provide documentation to show their duties are qualified duties similar to those of a police officer in the City. This will be completed through a combination of employee evaluations, past and current assignments, and training documentation. Also, documentation must be provided that the applicant has fulfilled the requirements of the Illinois Police Training Act. Applicants who meet the requirements set forth above shall complete the below process before an offer of employment. This process may include the following components at the discretion of the Commission or the City: • Application and Experience Verification Documents • Complete Background Check • Oral Examination Interview (panel to be determined by the City and may involve Department Command Staff) • Polygraph Examination • Psychological Examination • Medical Examination A Lateral Transfer Applicant who meets the requirements and passes the Background Check and Oral Examination will be placed on a separate Eligibility Register. A candidate’s placement on any Lateral Entry Eligibility Register shall be by alphabetical order of the last name. When there is a vacant police officer position needing to be filled, the Chief of Police will notify the Commission and Chief Examiner if he wishes that vacancy be filled by a Lateral Transfer Applicant. The Chief will be provided with the files for each of the Lateral Transfer Applicants on the Eligibility Register and after reviewing, the Chief will notify the Chief Examiner if he wishes that one be hired. This decision may be based on the candidate’s possession of certain knowledge, skills and abilities which were identified during the selection process, that make certain candidates more desirable for the position sought to be filled. The Chief Examiner will provide notice to the Commission and remove that person’s name from the Eligibility Register. Commissioners reserves the right to solicit applications and add additional candidates to the Lateral Entry Eligibility Register at any time. There is no expiration date for the Lateral Entry Eligibility Register. SECTION 9: FINAL ELIGIBILITY REGISTER a) The Commissioners will prepare a Final Eligibility Register, which shall include claimed Veteran Preference Points and Educational Preference Points, up to a maximum of ten (10) points. In the event of a tie score, the placement of the tied Applicant’s names on the eligibility list shall be determined by lot, in the presence of a quorum of the Commission, in whatever manner the Commission deems appropriate. b) A dated copy of the Final Eligibility Register shall be sent to each person appearing thereon. This copy shall include the date of expiration of the Register two (2) years from the date of the Final Eligibility Register. c) Applicants shall be certified from the Eligibility List in descending order. 8 ===== PDF PAGE 49 ===== [Extraction: embedded PDF text] d) Final eligibility shall be conditioned upon satisfactorily passing a Comprehensive Psychological Examination, a Polygraph Examination, Physical Ability Examination, Background Investigation and Medical Examination (which may include a test of the Applicant’s vision, hearing, for the presence of communicable diseases as well as a test to screen for the use of drugs and/or narcotics). SECTION 10: PROFESSIONAL EXAMINATIONS AND TESTS a) Each Applicant shall submit to a Psychological Examination by such psychologist or psychiatrist as the Commission may in writing designate. Such Examination shall be without expense to the Applicant. Failure of the Applicant to take or successfully complete such test shall eliminate him from further consideration. b) Each Applicant shall submit to a Polygraph Device Deceptive Examination, commonly known as a Lie Detector Test, at such time and place as the Commission may in writing designate. Such Examination shall be given without expense to the Applicant. Failure of the Applicant to take or successfully complete such Examination shall disqualify him to enter upon the duties of the Office for which the Application for Examination was filed. c) Each Applicant shall submit to a Medical Examination, including a drug screen and a physical ability exam, which shall be performed by a licensed physician or at his direction by his staff. SECTION 11: PROBATIONARY APPOINTMENT a) All vacancies shall be filled by Applicants from the Final Eligibility Register in the order in which their names appear on the Register and having met all requirements previously listed. b) All original appointments shall be for a probationary period of sixteen (16) months, excluding any time absent due to a non-duty or duty-related disability. c) Any person who declines appointment shall be stricken from the Final Eligibility Register or reassigned a new position on the eligibility list in the sole and absolute discretion of the Commission. Reassignment can only occur where it is requested in writing by an applicant and is due to a military commitment or medical condition which renders acceptance unworkable. Any determination of the Commission not to grant reassignment shall be final and non-reviewable. d) Probationary employees may be summarily dismissed by the City of West Chicago for any reason and are not entitled to the protection afforded to other full-time employees by statute or these Rules. e) All Lateral Transfer Applicants shall be required to successfully complete a field training program and a 12-month probation period. 9 ===== PDF PAGE 50 ===== [Extraction: embedded PDF text] SECTION 12: CERTIFICATION Final Certification of probationary police officers shall also be subject to successful completion of the Basic Training Course, as provided by the Illinois Law Enforcement Training and Standards Board, within the prescribed probationary period, unless the probationary police officer is a Lateral Transfer from another police agency, as provided for herein. SECTION 13: OUT-OF-STATE/ FEDERAL/ MILITARY RECIPROCITY (ILETSB); CONDITIONS OF APPOINTMENT; AUTHORITY RESTRICTIONS. (a) Applicability; Controlling Authority for Reciprocity Applicants. This Section applies to any Applicant who seeks Illinois law enforcement officer certification through ILETSB reciprocity/equivalency based on prior law enforcement training, certification, or qualification under the laws of any other State, the federal government, or military service, or who completed an academy that would qualify the person to be employed as a law enforcement officer by the federal government or another state ("Reciprocity Applicant"). This Section shall control as to Reciprocity Applicants notwithstanding any other provision of these Rules, including, without limitation, CHAPTER111, SECTION 12. (b) No Law Enforcement Authority While Inactive/ Not Yet Certified. A Reciprocity Applicant who is not certified by ILETSB, or whose ILETSB certification status is inactive, shall not function as a law enforcement officer, be assigned the duties of a law enforcement officer by the City, or be authorized to carry firearms under the authority of the City, except as otherwise authorized under State or federal law. The Reciprocity Applicant shall be deemed "inactive" until ILETSB issues the applicable certification/equivalency certification. (c) Selection Process/Written Examination. A Reciprocity Applicant shall not be required to submit to the Written Examination, but shall otherwise be subject to the remaining selection process and conditions of employment established by these Rules and/or the City (including, without limitation, background investigation, oral examination/interview, medical and psychological screening, and polygraph where applicable). (d) Agency Obligations (Verification/ Application). Before a Reciprocity Applicant may be vested with law enforcement authority and permitted to patrol the public, the City shall comply with ILETSB requirements for reciprocity candidates, including: (1) conducting a thorough background investigation in accordance with the Illinois Police Training Act; (2) verifying and documenting the individual's prior training and certification and certification/qualification; and (3) submitting to ILETSB the reciprocity/equivalency request and supporting documentation required by the Board, and otherwise fully cooperating with 10 ===== PDF PAGE 51 ===== [Extraction: embedded PDF text] ILETSB requests for information. (e) Candidate Obligations (Courses/ Firearms/ Exam). As a condition of appointment and continued employment, the Reciprocity Applicant shall complete all training and conditions prescribed by ILETSB for reciprocity/equivalency, which may include (as applicable): (1) ILETSB-approved Illinois law coursework; (2) firearms training; and (3) successful passage of the Equivalency Certification Examination. (f) Six-Month Deadline; Extension; Forfeiture/Termination. No Reciprocity Applicant shall receive a permanent appointment unless, within six months of the officer's initial full-time employment with the City, the officer has been awarded (i) the applicable ILETSB certificate/equivalency certificate satisfying 50 ILCS 705/8.1, or (ii) a training waiver/extension issued by ILETSB consistent with law. If ILETSB required training and/or conditions are not completed within the applicable six (6) months, the officer must forfeit the officer's position unless the City obtains from ILETSB a waiver extending the period for compliance, which may be issued only for good and justifiable reasons and may not extend more than ninety (90) days beyond the initial six (6) months. Any separation under this subsection shall be deemed a failure to satisfy a statutory/lLETSB condition of employment. (g) Notice to Commission; Final Status. The Chief of Police (or designee) shall provide the Commission with written verification of the Reciprocity Applicant's ILETSB status and the City's reciprocity submission promptly after appointment and thereafter upon request. The Commission shall not treat any Reciprocity Applicant as eligible for permanent appointment or final certification by the Commission unless and until the City provides documentation that the applicant has received the applicable ILETSB certification/equivalency certification. CHAPTER IV PROMOTIONAL EXAMINATIONS SECTION 1: GENERAL The Commission, by its Rules, shall provide for promotion on the basis of ascertained merit and seniority in police service and Examination, and shall provide in all cases, where it is practicable, that vacancies shall be filled by promotion. All Examinations for promotion shall be competitive among such members of the next lower rank who submit to said Examination. The primary method of Examination, the rules governing the same and the method of Certification shall be the same as provided for Applications for original appointment. Probationary employees shall not be eligible to test for promotion. All promotions shall be made from the three (3) Applicants having the highest rating, and where there are less than three (3) names on the Promotional Eligibility Register, as originally posted, or remaining thereon after appointments have been made there from, appointments to fill existing vacancies shall be made from those names or name remaining on the Promotional 11 ===== PDF PAGE 52 ===== [Extraction: embedded PDF text] Register. The method of Examination and the rules governing Examinations for Promotion are specified below. The Commission shall strike all names of Applicants from a promotional Eligible Register after they have remained thereon for no less than two (2) years and no more than three (3) years, provided that the Commission shall notify the appointing power that the names are stricken and such appointing power shall fill any existing vacancies before all names are stricken from the Promotional Eligible Register. The Final Promotional Examination score shall be determined as referred in Section 2, as follows: a) Written Examination Score; b) Oral Examination Score; c) Department Merit and Efficiency Rating as Determined by the Chief of Police based on a scale of 1-10 (maximum of 10 points); d) Seniority – one (1) point per year, not to exceed ten (10) points, for each full year the Applicant has served after his or her initial appointment by this Commission, as an officer of the City of West Chicago. Officers who have been employed as full time officers by in state law enforcement agencies shall earn .5 (1/2) point for each full year of service, not to exceed 10 points; e) Veteran Preference Points, as prescribed in Illinois Compiled Statutes, Chapter 65, Section 5/10-1-16 of the Act; f) Two and one half (2.5) Educational Preference Points for Applicants who have obtained an Associate’s Degree; and 12 ===== PDF PAGE 53 ===== [Extraction: embedded PDF text] g) Five (5) Educational Preference Points for Applicants who have obtained a Bachelor’s Degree. The maximum number of Preference Points (e-g above) available shall be ten (10), even if the Applicant satisfies more than one criterion set forth in of this Section. SECTION 2: TOTAL SCORE An Applicant’s total score shall consist of the combined scores of the merit/efficiency rating, Written Examination, Oral Examination, seniority, Veteran Preference Points, and Educational Preference Points. Applicants shall take rank upon a Promotional Eligibility Register in the order of their relative excellence as determined by their total score. In the event of a tie score, the placement of the tied Applicant’s names on the Eligibility Register shall be determined by lot, in the presence of a quorum of the Commission, in whatever manner the Commission deems appropriate. SECTION 3: PROMOTIONAL VACANCY Upon notice from the City Administrator or his designee that a promotional vacancy exists, the Commission shall certify the Candidates eligibility for promotion in the manner specified in Section 1 of this Chapter IV. Whenever a promotional vacancy exists, the City and/ or the Commission shall have the right to pass over any Candidate deemed eligible for promotion and listed on the Promotional Eligibility Register who has demonstrated substantial shortcomings in work performance or has engaged in misconduct affecting that person’s ability to perform the duties of the promoted rank since the posting of the Promotional Eligibility Register. The City or the Commission shall document its reasons for the decision to pass over any such Candidate on the Promotional Eligibility Register, except as noted below. The Commission shall, by its Rules, provide to the City three (3) promotional candidates having the highest rating. In making the selection the City shall not pass over the person having the highest rating for each promotion more than once and shall not pass over the person having the second highest rating for each promotion more than twice. CHAPTER V ORDER OF RANK, CLASSIFICATION AND OATH OF OFFICE SECTION 1: RANK The order of Rank in the Police Department shall be as determined by the City. SECTION 2: CLASSIFICATION The Commission shall classify such offices and positions only based upon job descriptions provided by the City. 13 ===== PDF PAGE 54 ===== [Extraction: embedded PDF text] SECTION 3: OATH OF OFFICE Before entering duty, any person about to become a member of the Police Department shall take the following oath, before any person authorized to administer oaths in the State of Illinois: “I , do solemnly swear or affirm that I will support the Constitution of the United States, and the Constitution of the State of Illinois, the resolutions and ordinances of the City of West Chicago, and the General Orders of the Police Department, and I will faithfully discharge the duties of the office of police officer according to the best of my ability.” Signed Subscribed and sworn to before me this day of , 20 . NOTARY PUBLIC CHAPTER VI HEARING OF CHARGES, SUSPENSIONS AND DISCHARGES SECTION 1: HEARING OF CHARGES a) Hearings before the Commission are not common law proceedings. The provisions of the Code of Civil Procedure shall not apply to Hearings before the Commission. b) All Hearings shall be in accordance with the Open Meetings Act. At the time and place of hearing, both parties may be represented by counsel, if they so desire. c) All disciplinary and discharge proceedings before the Commission shall be recorded by a court reporter employed by the Commission. d) The Complainant or Appellant initiating any proceedings which call for a Hearing before the Commission shall have the burden of proof to establish by a preponderance of the evidence that cause for discipline exists or that a suspension, previously imposed by the Chief of Police, is unwarranted. e) Burden of Proof, as used herein, means that the Commission is persuaded by considering all the evidence in the case that the proposition on which a party has the burden of proof is more probably true than not true. f) The phrase “preponderance of evidence" is defined as, the greater weight of the evidence. That is to say, it rests with that evidence which, when fairly considered produces the stronger impression, has a greater weight, and is more convincing as to its truth when weighed against the evidence in opposition thereto. 14 ===== PDF PAGE 55 ===== [Extraction: embedded PDF text] g) Cause is some substantial shortcoming which renders continuance in employment in any capacity to be detrimental to the discipline and efficiency of the public service and something which the law and sound public opinion recognize as cause for the officer to no longer occupy his position. The right to determine what constitutes cause is within the sole and exclusive discretion of the Commission. h) Counsel as used herein, means an individual who has been admitted to the Bar has a licensed attorney-at law, in good standing, in this State. i) All witnesses shall be sworn prior to testifying and the matter will be decided by the Commission solely on evidence presented at the Hearing. j) The Commission will first hear the witnesses either substantiating the charges which have been made against the Officer or in support of an appeal brought by a suspended Officer. Thereafter, the other party may present and examine those witnesses presented before the Commission. All parties shall have the right to cross-examine witnesses presented by the opposite party. k) No rehearing, reconsideration, modification, vacation, or alteration of a decision of the Commission shall be allowed. SECTION 2: HEARING PROCEDURE a) Charges: In all cases, written Complaints shall be filed with the Secretary of the Commission with one hard copy setting forth a plain and concise statement of the facts upon which the Complaint is based and the General Order, Practice, Policy, Custom or usage claimed to have been violated and a certified copy with service by the Secretary to the Respondent and service by electronic copy on the Attorney for the Respondent. b) Probable Cause: The Commission shall have the right to, in its sole discretion, to determine whether to hold a Hearing to determine whether there is probable cause or hearing charges. c) Notification of Hearing: Upon the filing of a Complaint with the Secretary of the Commission, and upon the determination by the Commission of probable cause or entertaining said charge, the Secretary of the Commission shall notify all parties, within ten (10) calendar days, either by registered or certified mail, return receipt requested, or personally, of the time and place of the Hearing on the charges. d) Continuances: The matter of granting or refusing to grant a continuance of a Hearing is within the discretion of the Commission, and will only be granted for good cause shown. e) Answer: An answer to the charges shall be filed in writing no less than fourteen (14) days prior to Hearing. f) Stipulations: Parties may, on their own behalf or by Counsel, stipulate and agree in writing, or on the record, regarding relevant facts and/or evidence. The facts so stipulated shall be considered as evidence in the proceeding. An Officer may stipulate to guilt and request a Hearing in aggravation/mitigation. In the event an Officer has been suspended pending a Hearing and desires a continuance, it shall also be stipulated and agreed that no compensation shall be paid to said Officer during the period of said continuance. 15 ===== PDF PAGE 56 ===== [Extraction: embedded PDF text] g) Sufficiency of Charges-Objections: Written Motions or Objections to the sufficiency of written charges shall be filed or made prior to or at the Hearing before the Commission. Failure to do so shall result in a waiver of said Motion or Objection. SECTION 3: SUBPOENAS a) Any party to an Administrative Hearing may, no later than ten (10) days prior to the Hearing, make Application to the Commission by filing with it a written request for subpoenas for an individual to appear for a Hearing or have them produce books, papers, records, accounts and other documents as may be deemed by the Commission to be relevant to the Hearing. On the filing of such Application, subpoenas will be issued for the named persons. It shall be the responsibility of the party requesting the subpoena to affect proper service of said subpoena. Subpoenas may be served by any person 21 years of age or older designated by the party requesting the subpoenas. Application for subpoenas shall contain the names and addresses of the individuals to be subpoenaed, and the identity of any documents which are to be produced. Subpoenas will not be issued for anyone residing outside of the State of Illinois. b) Any request for continuance by reason of inability to serve subpoenas shall be filed with the Commission Secretary at least ten (10) days before the date set for such Hearing, provided, however, the Commission, in its discretion, may waive this Rule. Any motion for a continuance based on an inability to serve a subpoena or the unavailability of a served witness shall briefly summarize the anticipated testimony of the witness to assist the Commission in determining whether the continuance is warranted. SECTION 4: SERVICE All papers required by these Rules to be served shall be delivered personally to the party designated or mailed by United States mail in an envelope properly addressed with postage prepaid to the designated party at the last known residence as reflected by the charges filed with the Commission Secretary, except as herein otherwise provided. Proof of service of any paper may be made by the certification of any person so mailing the paper or delivering the same to the designated party personally, or by filing a return receipt showing that a paper was mailed, by either registered or certified mail, return receipt requested, to a party’s address where it was received by a named party. After service of a Complaint in a disciplinary matter, the parties’ attorneys, with the concurrence of the Commission’s Attorney, may stipulate to further service by electronic service. SECTION 5: FILING All papers may be filed with the Commission by mailing them or delivering them personally to the Secretary of the Commission at the City of West Chicago, 475 Main Street, West Chicago, Illinois, 60185. For the purpose of these Rules, the filing date of any paper shall be the date it was received by the Commission, in the event the paper is delivered personally or by messenger. In the event a paper is forwarded by mail, then the filing date shall be the date which is postmarked on the envelope of such paper. 16 ===== PDF PAGE 57 ===== [Extraction: embedded PDF text] SECTION 6: FORMS OF PAPER a) All papers filed in any proceeding shall be typewritten, size twelve (12) point type, or printed and shall be on one side of the paper only. b) The lines shall be double spaced, except that long quotations may be single spaced and indented. c) All papers shall be not larger than 8½” by 11” with inside margins of not less than one inch. d) The original of all papers filed shall be signed in ink by the party filing the paper or by an officer, agent, or attorney thereof and copies thereof provided the opposing party or said party’s counsel. e) If papers are filed by Counsel, the name, address, email address and phone number of Counsel shall appear thereon. SECTION 7: COMPUTATION OF TIME The time within which any act under these Rules is to be done begins on the first full City business day following receipt of any written document. SECTION 8: SUSPENSIONS OF FIVE DAYS OR LESS a) The Chief of Police, after consultation with the City Administrator, shall have the right to suspend any Officer for a period not to exceed five (5) days, providing no charges on the same offense have been filed and are pending before the Commission, and shall promptly notify the Commission in writing of such suspension. Any Officer so suspended may appeal to the Commission for a review of the suspension, within five (5) days after receiving notice of such suspension, by filing Notice of such Appeal in writing with the Secretary of the Commission. The Notice of Appeal shall set forth the basis in fact or law for the Appeal which the Appellant intends to rely on at Hearing. The Notice may be amended upon written Motion, and with the Commission’s approval. A Hearing shall be had upon such Appeal, and due notice given to the Chief of Police and to the Officer. The burden of establishing that a suspension is unwarranted shall be upon the Officer bringing the Appeal. b) Upon such Appeal, the Commission may sustain the action of the Chief of Police, reverse the action with instructions that the Officer receive pay for all or a portion of the period involved; suspend the Officer for a period of not more than thirty (30), days or discharge the Officer, if warranted by the evidence presented. SECTION 9: DISCHARGE OR SUSPENSIONS IN EXCESS OF FIVE DAYS AFTER HEARING a) Discharge from office, or suspension from service in excess of five (5) days shall be in compliance with the Civil Service in Cities Act of the State of Illinois, being Division 1, §5/10-1-1 through 5/10-1-48, inclusive, of Chapter 65 of the Illinois 17 ===== PDF PAGE 58 ===== [Extraction: embedded PDF text] Compiled Statutes. b) The Commission shall, within a reasonable time after the Hearing is completed, enter its findings and its ruling into the record of the Commission. SECTION 10: FINDINGS AND DECISION If an Officer is found guilty of the charges following a Hearing by the Commission, the Officer may be suspended for a period not exceeding thirty (30) days, without pay or terminated from employment with the City. The findings and decision of the Commission, following a Hearing of the charges, shall be preserved by the Secretary and notice of said finding and decision sent to the Officer involved and the Chief of Police. If the finding or decision is that an Officer is guilty of charges investigated, and discharge is ordered, such Order of Discharge shall become effective upon entry of the Commission’s findings and determinations in its record. SECTION 11: RULES - CONFLICT Officers shall be governed by the Rules, as adopted by the Commission and the Departmental Rules and Regulations and such other Personnel Rules, as adopted by the City. In case of conflict thereof, these Rules shall govern. SECTION 12: VIOLATION OF RULES AND REGULATIONS All Officers shall be subject to the Rules and Regulations of the Police Department, any violation of such Rules may be cause for filing of charges before the Commission, a subsequent Hearing and action by the Commission on such charges. SECTION 13: VIOLATION OF LAW Any violation of the laws of the municipality or of any state or federal law, by any Officer, may be cause for the filing of charges against said Officer, except as herein otherwise provided. CHAPTER VII GENERAL SECTION 1: POWERS AND DUTIES The Commission shall have such other powers and duties as are given it by the Statutes of the State of Illinois. SECTION 2: RULES IN CONFLICT Any Chapters, Sections and/or subsections of the foregoing Rules for the operation of the Commission that are in conflict with the State Statute or with any amendments thereto that may hereafter be enacted are null and void to the extent of such inconsistency. This, however, does not invalidate any other Chapters, Sections and/or subsections of said Rules. 18 ===== PDF PAGE 59 ===== [Extraction: embedded PDF text] SECTION 3: LEAVE OF ABSENCE Leaves of absence shall be granted by reason of military service or duty-related disability as specified in Illinois Compiled Statutes, Chapter 65, §5/10-1-46. If a leave of absence is granted by the Commission during a probationary period, such probationary period shall be tolled until the probationary employee returns from his leave of absence. SECTION 4: CONDITIONS OF EMPLOYMENT AND POLITICAL RIGHTS AND ACTIVITIES All employees certified under these Rules shall have those duties and rights prescribed in Illinois Compiled Statutes. 19 ===== PDF PAGE 60 ===== [Extraction: embedded PDF text] Item # 7.D. RESOLUTION NO. 26-R-0026 A RESOLUTION APPROVING A CERTAIN EMPLOYMENT AGREEMENT WITH VIVIANA RAMIREZ – CITY ADMINISTRATOR BE IT RESOLVED by the City Council of the City of West Chicago, in regular session assembled, that a certain Employment Agreement by and between Viviana Ramirez and the City of West Chicago is approved and the Mayor is hereby authorized to execute the certain Employment Agreement, in substantially the form which is attached hereto and incorporated herein as Exhibit “A”. APPROVED this 2nd day of March, 2026. AYES: __________ NAYES: __________ ABSTAIN: __________ ABSENT: __________ ____________________________ Mayor Daniel Bovey ATTEST: _______________________________ Executive Office Manager Valeria Perez ===== PDF PAGE 61 ===== [Extraction: embedded PDF text] CITY ADMINISTRATOR EMPLOYMENT AGREEMENT THIS AGREEMENT (hereinafter referred to as “Agreement”) made and entered into this 2nd day of March, 2026, by and between the CITY OF WEST CHICAGO, an Illinois municipal corporation (hereinafter referred to as “City”), and VIVIANA RAMIREZ (hereinafter referred to as “Administrator” or “City Administrator”). The CITY and ADMINISTRATOR shall also be referred to in this Agreement, as the “PARTIES” or “PARTY.” WITNESSETH: WHEREAS, the City is a mayor/aldermanic form of government, pursuant to the Illinois Municipal Code; and WHEREAS, the City desires to employ the services of Viviana Ramirez as City Administrator of the City of West Chicago; and WHEREAS, it is the desire of the Mayor and City Council (hereinafter referred to as the “Corporate Authorities” or the “City Council”) of the City to provide certain benefits, establish certain conditions of employment and to set working conditions of employment for the Administrator; and WHEREAS, the Administrator desires to accept employment as the City Administrator of the City; and WHEREAS, the Parties to this Agreement wish to reduce the terms and conditions of the Administrator's employment to writing. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the receipt and sufficiency of which the parties hereby acknowledge, the parties agree as follows: SECTION 1. DUTIES The City hereby agrees to employ Viviana Ramirez as City Administrator of the City, to perform the functions and duties as specified in the City Code related to the office of City Administrator, and to perform such other legally permissible and proper duties and functions as the Mayor or City Council shall, from time to time, assign to the Administrator. SECTION 2. EMPLOYMENT TERM The term of employment (hereinafter referred to as “Term”), used in this Agreement, shall be that period of time commencing upon April 6, 2026 or sooner by mutual agreement (the “Commencement Date”), and expiring on May 1, 2029 (hereinafter referred to as the “Expiration -1- ===== PDF PAGE 62 ===== [Extraction: embedded PDF text] Date”), unless the Term has been terminated sooner by one of the methods set forth in Section 3. Nothing in this Agreement prevents, limits, or otherwise interferes with the right of the City Council to terminate the services of the Administrator at any time. Nothing contained in this Agreement may be deemed or construed as creating any property or other right to a continuation of the Administrator’s employment in any capacity. The parties may renew this Agreement after the conclusion of the current Mayor’s term of office. The Administrator’s employment is contingent upon her successful passing of a pre-employment physical and drug screening conducted by Tyler Medical. SECTION 3. SALARY The City agrees to pay the Administrator for services rendered pursuant to this Agreement at an annual salary to be distributed through the normal payroll system, in the amount of two hundred seven thousand dollars ($207,000.00) annually with annual reviews. The Administrator will receive an annual cost-of-living increase at the same rate as what is provided to the City’s non-union employees, if any, which would adjust her salary on January 1. SECTION 4. PERFORMANCE EVALUATION/MERIT PAY In addition, the Administrator shall be eligible for discretionary merit increases following an evaluation. The Mayor and City Council will meet annually with the Administrator to review her work performance and achievement of goals. Within her first three months of her employment, the Administrator will recommend to the Mayor and City Council a written work plan that outlines her suggested performance goals and objectives for her first year of employment. The Mayor and City Council (or a designated committee thereof) will provide the Administrator with written and/or verbal feedback on that plan within one month of the Mayor and Council’s receipt of the work plan. The Mayor and City Council will perform a performance evaluation after 12 months of employment, and annually thereafter. SECTION 5. HOURS OF WORK The Administrator is employed as an at will employee, characterized as a salaried position that is exempt from the provisions of the Fair Labor Standards Act. The Administrator is expected to work during the customary hours when City Hall is open. In addition, the Administrator shall be required to attend the regular and special meetings of the City Council, with the exception of vacations or other unforeseen circumstances (e.g., illness). It is recognized that the Administrator must devote time outside the normal office hours to the business of the City, so the City understands that the Administrator will have some flexibility with her work schedule to offset -2- ===== PDF PAGE 63 ===== [Extraction: embedded PDF text] night meeting and evening hours. The Administrator agrees to perform whatever duties are required to sufficiently perform those duties outside the normal working hours. SECTION 6. NO OUTSIDE EMPLOYMENT The Administrator agrees to devote her time, energy and attention to the business of the City. She shall hold no other employment, either directly or indirectly, or invest with any firm, corporation or legal entity. In addition, she will not act in violation of the City’s and ICMA’s Code of Ethics. The exception to this clause is that she may engage in periodic teaching assignments which do not interfere with her duties, with prior notice given to the Mayor and City Council. In addition, in recognition of her pre-existing professional responsibilities, she will be allowed to wrap up limited casework outside of city hours or through the appropriate use of accrued leave without interfering with her responsibilities to the City. This exception will be allowed through August, 2026 and further continuation would require approval from the City Council. SECTION 7. RESIDENCY The Administrator will not be required to relocate to live within the City of West Chicago. However, if she chooses to relocate into the corporate limits of the City, the City will pay a one- time relocation stipend of $15,000 provided she relocates within two years from the execution of this Agreement. SECTION 8. VACATION, SICK LEAVE AND HOLIDAYS The Administrator shall be provided with sick leave accrued at the same rate as other non- union exempt City employees per the City’s personnel policies. As an inducement, upon the beginning of the term of this Agreement, the Administrator will be credited with 20 hours of paid sick leave. In addition, during the term of this Agreement, the Administrator shall be entitled to accrue vacation time at the same rate as non-union exempt City employees. For purposes of the City’s employees the Administrator will initially be credited with, and accrue vacation leave, as though she were an employee with 18 years of service with the City. The Administrator will provide notice to the Mayor of her scheduled vacation days. The Administrator will also be entitled to any paid holidays or other personal leave given to the City’s non-union employees. The City Administrator will be exempt from the six month probationary exclusion from using accrued leave. SECTION 9. HEALTH AND LIFE INSURANCE -3- ===== PDF PAGE 64 ===== [Extraction: embedded PDF text] The City agrees to provide comprehensive health, vision, dental insurance, accidental death and dismemberment, and long-term disability insurance for the Administrator and her dependents and to pay the premiums thereon equal to that which is provided to other non-union employees of the City. The City also agrees to provide term life insurance to the Administrator, as provided to other non-union employees of the City. SECTION 10. ILLINOIS MUNICIPAL RETIREMENT FUND The City agrees to execute all necessary agreements provided by the Illinois Municipal Retirement Fund (hereinafter referred to as “IMRF”) for the Administrator’s participation in said IMRF retirement plan. The City and the Administrator agree that the IMRF and social security shall constitute the Administrator’s retirement plans. The City agrees to make contributions to the IMRF plan each year on behalf of the Administrator, in the amounts required by the IMRF for employer contributions, on a percentage basis commensurate with that of other general employees of the City participating in the IMRF, and to contribute to social security the employer’s contribution, as required by law. The City Administrator agrees that she will be responsible for making the required contributions to the IMRF for her share. SECTION 11. PROFESSIONAL DEVELOPMENT/CIVIC PARTICIPATION A. The City hereby agrees to pay the membership costs for the Administrator’s membership in the International City/County Management Association (ICMA), and the Illinois City Managers Association (ILCMA). B. The City agrees to pay for the Administrator’s attendance at the annual ICMA and ILCMA conferences if the City’s budget permits. C. If, in the City Council’s opinion, the City’s budget will accommodate such, the City will pay for the Administrator’s participation in other conferences, classes and seminars that are necessary for her professional development and for the good of the City. D. Should the Mayor and City Council desire the Administrator to actively participate in civic groups or organizations such as the Chamber of Commerce, Rotary International, etc., the City agrees to pay membership costs. E. The Administrator will comply with City policy and state law with respect to the submission of expense for reimbursement. -4- ===== PDF PAGE 65 ===== [Extraction: embedded PDF text] SECTION 12. CELL PHONE ALLOWANCE The City will provide the Administrator with a smart phone for City business use. The cell phone may also be used for nominal personal use. The Administrator acknowledges that cell phone use and its contents are subject to the Freedom of Information Act. SECTION 13. TERMINATION The Mayor may remove the City Administrator and terminate this Agreement at any time in accordance with the provisions of the Illinois Municipal Code. This Agreement and the Administrator’s employment may be terminated at any point during the Term under any of the following circumstances: A. The death of the Administrator; or B. Resignation by the Administrator. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Administrator to resign at any time from her position with the City, subject to the Administrator giving the City sixty (60) days’ notice and subject to the provisions set forth in this Agreement; or C. Termination of the Administrator without cause. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the Mayor to remove, or the City Council to terminate, the services of the Administrator and this Agreement at any time without hearing, without cause and with notice, subject only to the provisions set forth in this Agreement; or D. Termination of the Administrator with cause, such as malfeasance, misappropriation of funds, failure to perform duties. Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of the City Council to terminate the services of the Administrator and this Agreement at any time with cause and with notice, subject to only the provisions set forth in this Agreement; or E. Agreement of the Administrator and the City Council; or F. The occurrence of the Expiration Date, with the exception that if neither the City nor the Administrator have provided notice of termination of the contract, this Agreement shall continue for month to month under the same terms until either party takes action -5- ===== PDF PAGE 66 ===== [Extraction: embedded PDF text] to renew, update or cancel it subject to limitations of Illinois law related to contracts exceeding the term of office of the Mayor. SECTION 14. SEVERANCE PAY UPON TERMINATION A. Upon the death of the Administrator, the named beneficiary designated by the Administrator shall be entitled to the benefits provided any other department head of the City. B. In the event the services of the Administrator are terminated by the City Council without cause, the City shall pay the Administrator: 1. An amount not to exceed eight weeks of salary if terminated within the first year of employment; 2. An amount not to exceed 12 weeks of salary if terminated within the second year of employment 3. An amount not to exceed 15 weeks of salary if terminated within the third year of employment. 4. An amount not to exceed 20 weeks of salary and paid health insurance within the fourth year of employment. C. In addition to the severance pay specified above, the Administrator will be entitled to remain on the City’s health insurance, paid under the same terms as when employed, for the number of weeks specified above. D. In the event the Administrator is terminated for cause, as defined herein, the City shall have no obligation to pay to the Administrator the Severance Pay. The Mayor shall report the basis of the cause for termination to the Corporate Authorities, with a copy of such report being provided to the Administrator. “Cause” as used herein shall include, but not be limited to: 1. a breach of any of the provisions of this Agreement by the Administrator; or 2. any act of dishonesty, fraud, misconduct or misrepresentation, in connection with the Administrator’s employment activities; or 3. material failure to competently perform the duties of the office, following written notice from the Mayor or City Council specifying the deficiencies and providing a reasonable opportunity to cure; or 4. the commission by the Administrator of a felony or any crime involving moral turpitude, or any other act which may cause harm to the City’s standing and -6- ===== PDF PAGE 67 ===== [Extraction: embedded PDF text] reputation; or 5. malicious or intentional discrimination in hiring, promotion or termination of any employee for reasons of race, color, religious creed, ancestry, age, sex, marital status, national origin, handicapped status or any other reasons prohibited by law; or 6. deliberately performing any act which unnecessarily endangers the health or safety of employees or others associated with the activities of the City government; or 7. misappropriation or theft of City property; or 8. abandonment of job or duties for any unreasonably extended period of time without any explanation of her whereabouts or any statement of commitment regarding when she is to return to the performance of those duties. E. In the event the Administrator resigns or otherwise terminates her employment under this Agreement, then the City shall have no obligation to pay the Severance Pay. SECTION 15. INDEMNIFICATION The City shall defend, save, hold harmless and indemnify the Administrator against any tort, professional liability claims or demand or other legal action arising out of an alleged act or omission occurring in the performance of the Administrator’s duties as City Administrator, in accordance with and limited by applicable law; provided, however, that such indemnification shall not extend to or cover any illegal act or willful or wanton conduct of the Administrator. It is understood hereby that the City shall pay all costs involved with such defense, holding harmless and indemnity, whether such costs arise out of any settlement or judgment rendered thereon, including attorneys’ fees, provided that with respect to the latter, it is understood that the City shall choose the counsel for the defense of the Administrator as City Administrator. SECTION 16. BONDING The City shall pay the premium for any fidelity or other bonds required of the Administrator under any State law or ordinance. SECTION 17. NOTICES Notices pursuant to this Agreement shall be sent by certified mail, return receipt requested, addressed as follows: If to: CITY: Mayor City of West Chicago -7- ===== PDF PAGE 68 ===== [Extraction: OCR (rendered-page OCR)] 475 Main Street West Chicago, Illinois 60185 If to: ADMINISTRATOR: Viviana Ramirez Alternatively, notices required pursuant to this Agreement may be emailed or personally served. Notice shall be deemed given as of the date of personal service, or email, or as of the post- marked date of such written notice in the course of transmission in the United States Postal Service. SECTION 18. CONFIDENTIALITY The City acknowledges that the Administrator will have access to confidential information (hereinafter referred to as “Confidential Information”) which is not known outside the corporation known as the City of West Chicago. Confidential Information shall not include public documents or information which would otherwise constitute Confidential Information, but which has become public other than through a breach of this Agreement or other improper means. The Administrator covenants and warrants that, without the prior written authorization of the City Council and Mayor, the Administrator shall not directly or indirectly use, divulge, furnish or make accessible Confidential Information to any person, firm, or corporation other than persons, firms, or corporations employed and/or retained by the City in a fiduciary capacity, but instead shall keep all Confidential Information strictly and absolutely confidential except as otherwise provided herein or as provided by law. Said confidentiality shall be subject to any applicable exception of the state or federal Freedom of Information Act and all other applicable laws and orders of the court. SECTION 19. ENTIRE AGREEMENT This Agreement contains the entire agreement and understanding by and between the Parties with respect to the employment referred to herein, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect. No change or modification hereof shall be valid or binding unless the same is in writing and signed by the Parties. No waiver of any provision of this Agreement shall be valid unless the same is in writing and signed by the Parties against whom such waiver is sought to be enforced; moreover, ===== PDF PAGE 69 ===== [Extraction: embedded PDF text] no valid waiver of any provision of this Agreement shall be deemed a waiver of any other provisions of this Agreement. SECTION 20. NO REDUCTION IN BENEFITS The Administrator will be entitled to any other benefits specified in the City’s Personnel Policy Manual on the same terms as such benefits are accorded to other full-time employees. In the event that there is a conflict between this Agreement and the Personnel Policy Manual, this Agreement shall control. The City shall not, at any time during the term of this Agreement, reduce the City Administrator’s salary, compensation or other financial and fringe benefits. The City Administrator does agree, however, to a reduction of benefits, if necessary, and if fairly applied to all other employees of the City so as to maintain the economic and fiscal viability of the City as a whole or to properly manage and execute any of its programs of benefits. SECTION 21. GOVERNING LAW AND VENUE This Agreement shall be construed in accordance with the laws of the State of Illinois. The invalidity or unenforceability of any provision of this Agreement shall not offset or invalidate any other provision. If any provision of this Agreement is capable of two constructions, one of which would render the provision invalid and the other of which would make the provision valid, then the provision shall have the meaning which renders it valid. The Parties agree that, for the purpose of any litigation or proceeding regarding the terms and conditions of this Agreement, venue shall be the Circuit Court of DuPage County, Illinois. The Parties agree to voluntarily submit to the jurisdiction of the Circuit Court of DuPage County, Illinois for any such proceeding. SECTION 22. SEVERABILITY The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both Parties subsequent to the expungement or judicial modification of the invalid provision. IN WITNESS WHEREOF, the City of West Chicago has caused this Agreement to be signed and executed on its behalf by its Mayor and duly attested by its Assistant City Administrator, and the Administrator has signed and executed this Agreement, both in duplicate, -9- ===== PDF PAGE 70 ===== [Extraction: embedded PDF text] the day and year first above written. ____________________________________ ____________________________________ Viviana Ramirez Daniel Bovey Mayor ____________________________________ Tia Messino, Assistant City Administrator City Clerk -10-