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City removes mandatory age cap for police, fire chiefs; council cites retention and legal risk
Summary
Freeport council voted to amend city code to remove a mandatory retirement age of 65 for police and fire chiefs, citing home‑rule authority and federal age‑discrimination risk; vote was 7–1 on final passage after suspension of rules.
The City of Freeport’s council voted Sept. 2 to remove a mandatory retirement age of 65 for the positions of police chief and fire chief, saying the change allows leadership decisions to be based on ability rather than age.
The amendment — part of ordinance 2025‑55 — eliminates a provision in city code that set 65 as a mandatory retirement age for chief positions. Manager Jeff Boyer and staff told council the change clarifies that chiefs, who are appointed rather than promoted through the Fire and Police Commission, are not subject to the Fire and Police Commission’s mandatory retirement provisions. "Age alone does not determine whether an individual is fit to serve as chief," Boyer said, calling the ordinance a way to base leadership decisions on performance.
City Attorney Steve Cox and others noted a legal rationale: the federal Age Discrimination in Employment Act restricts mandatory retirement except in narrowly defined circumstances. Legal counsel advised that removing the age cap reduces the city’s exposure to potential discrimination claims. "Any position that's below the chief level…is governed by the 65‑year rule," Fire Chief Miller said, distinguishing rank‑and‑file employees from appointed chiefs.
Council suspended the rules to take final action in the same meeting. The suspension passed 6–2; final passage of the ordinance was 7–1. Dissenting aldermen voiced concerns about the lack of a formal performance or medical review mechanism to determine ongoing fitness for duty at advanced ages; other members said periodic physical examinations and the Fire and Police Commission’s authority for rank‑and‑file periodic exams provide safeguards. Alderman Johnson noted the code already allows periodic physical exams; "every member shall take and pass physical examinations whenever directed by the Board of Fire and Police Commission," he said.
Ending: The ordinance will take effect per the city’s normal rulemaking timeline; staff said there is no immediate financial impact and that the change aligns with practice in other Illinois municipalities.
