Bill Text: IL HB0616 | 2017-2018 | 100th General Assembly | Enrolled
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Illinois Municipal Code and Fire Protection District Act. Provides that after a firefighter is selected from the register of eligibles to fill a vacancy in a fire department or fire protection district, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department or district. Provides that firefighters who were not issued a certificate of appointment when originally appointed may make a written request to receive one. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0252 [HB0616 Detail]
Download: Illinois-2017-HB0616-Enrolled.html
Bill Title: Amends the Illinois Municipal Code and Fire Protection District Act. Provides that after a firefighter is selected from the register of eligibles to fill a vacancy in a fire department or fire protection district, each appointee shall be presented with his or her certificate of appointment on the day on which he or she is sworn in as a classified member of the affected department or district. Provides that firefighters who were not issued a certificate of appointment when originally appointed may make a written request to receive one. Effective immediately.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2017-08-22 - Public Act . . . . . . . . . 100-0252 [HB0616 Detail]
Download: Illinois-2017-HB0616-Enrolled.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||
5 | changing Sections 10-1-7.1, 10-2.1-4, and 10-2.1-6.3 as | ||||||
6 | follows:
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7 | (65 ILCS 5/10-1-7.1) | ||||||
8 | Sec. 10-1-7.1. Original appointments; full-time fire | ||||||
9 | department. | ||||||
10 | (a) Applicability. Unless a commission elects to follow the | ||||||
11 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||
12 | original appointments to an affected full-time fire | ||||||
13 | department. Existing registers of eligibles shall continue to | ||||||
14 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
15 | years after the effective date of this amendatory Act of the | ||||||
16 | 97th General Assembly. | ||||||
17 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
18 | to the contrary, all original appointments to an affected | ||||||
19 | department to which this Section applies shall be administered | ||||||
20 | in the manner provided for in this Section. Provisions of the | ||||||
21 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
22 | adopted pursuant to such authority and other laws relating to | ||||||
23 | initial hiring of firefighters in affected departments shall |
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1 | continue to apply to the extent they are compatible with this | ||||||
2 | Section, but in the event of a conflict between this Section | ||||||
3 | and any other law, this Section shall control. | ||||||
4 | A home rule or non-home rule municipality may not | ||||||
5 | administer its fire department process for original | ||||||
6 | appointments in a manner that is less stringent than this | ||||||
7 | Section. This Section is a limitation under subsection (i) of | ||||||
8 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
9 | concurrent exercise by home rule units of the powers and | ||||||
10 | functions exercised by the State. | ||||||
11 | A municipality that is operating under a court order or | ||||||
12 | consent decree regarding original appointments to a full-time | ||||||
13 | fire department before the effective date of this amendatory | ||||||
14 | Act of the 97th General Assembly is exempt from the | ||||||
15 | requirements of this Section for the duration of the court | ||||||
16 | order or consent decree. | ||||||
17 | Notwithstanding any other provision of this subsection | ||||||
18 | (a), this Section does not apply to a municipality with more | ||||||
19 | than 1,000,000 inhabitants. | ||||||
20 | (b) Original appointments. All original appointments made | ||||||
21 | to an affected fire department shall be made from a register of | ||||||
22 | eligibles established in accordance with the processes | ||||||
23 | established by this Section. Only persons who meet or exceed | ||||||
24 | the performance standards required by this Section shall be | ||||||
25 | placed on a register of eligibles for original appointment to | ||||||
26 | an affected fire department. |
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1 | Whenever an appointing authority authorizes action to hire | ||||||
2 | a person to perform the duties of a firefighter or to hire a | ||||||
3 | firefighter-paramedic to fill a position that is a new position | ||||||
4 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
5 | granting of a disability or retirement pension, or any other | ||||||
6 | cause, the appointing authority shall appoint to that position | ||||||
7 | the person with the highest ranking on the final eligibility | ||||||
8 | list. If the appointing authority has reason to conclude that | ||||||
9 | the highest ranked person fails to meet the minimum standards | ||||||
10 | for the position or if the appointing authority believes an | ||||||
11 | alternate candidate would better serve the needs of the | ||||||
12 | department, then the appointing authority has the right to pass | ||||||
13 | over the highest ranked person and appoint either: (i) any | ||||||
14 | person who has a ranking in the top 5% of the register of | ||||||
15 | eligibles or (ii) any person who is among the top 5 highest | ||||||
16 | ranked persons on the list of eligibles if the number of people | ||||||
17 | who have a ranking in the top 5% of the register of eligibles | ||||||
18 | is less than 5 people. | ||||||
19 | Any candidate may pass on an appointment once without | ||||||
20 | losing his or her position on the register of eligibles. Any | ||||||
21 | candidate who passes a second time may be removed from the list | ||||||
22 | by the appointing authority provided that such action shall not | ||||||
23 | prejudice a person's opportunities to participate in future | ||||||
24 | examinations, including an examination held during the time a | ||||||
25 | candidate is already on the municipality's register of | ||||||
26 | eligibles. |
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1 | The sole authority to issue certificates of appointment | ||||||
2 | shall be vested in the Civil Service Commission. All | ||||||
3 | certificates of appointment issued to any officer or member of | ||||||
4 | an affected department shall be signed by the chairperson and | ||||||
5 | secretary, respectively, of the commission upon appointment of | ||||||
6 | such officer or member to the affected department by the | ||||||
7 | commission. After being selected from the register of eligibles | ||||||
8 | to fill a vacancy in the affected department, each appointee | ||||||
9 | shall be presented with his or her certificate of appointment | ||||||
10 | on the day on which he or she is sworn in as a classified member | ||||||
11 | of the affected department. Firefighters who were not issued a | ||||||
12 | certificate of appointment when originally appointed shall be | ||||||
13 | provided with a certificate within 10 days after making a | ||||||
14 | written request to the chairperson of the Civil Service | ||||||
15 | Commission. Each person who accepts a certificate of | ||||||
16 | appointment and successfully completes his or her probationary | ||||||
17 | period shall be enrolled as a firefighter and as a regular | ||||||
18 | member of the fire department. | ||||||
19 | For the purposes of this Section, "firefighter" means any | ||||||
20 | person who has been prior to, on, or after the effective date | ||||||
21 | of this amendatory Act of the 97th General Assembly appointed | ||||||
22 | to a fire department or fire protection district or employed by | ||||||
23 | a State university and sworn or commissioned to perform | ||||||
24 | firefighter duties or paramedic duties, or both, except that | ||||||
25 | the following persons are not included: part-time | ||||||
26 | firefighters; auxiliary, reserve, or voluntary firefighters, |
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1 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
2 | other civilian employees of a fire department or fire | ||||||
3 | protection district who are not routinely expected to perform | ||||||
4 | firefighter duties; and elected officials. | ||||||
5 | (c) Qualification for placement on register of eligibles. | ||||||
6 | The purpose of establishing a register of eligibles is to | ||||||
7 | identify applicants who possess and demonstrate the mental | ||||||
8 | aptitude and physical ability to perform the duties required of | ||||||
9 | members of the fire department in order to provide the highest | ||||||
10 | quality of service to the public. To this end, all applicants | ||||||
11 | for original appointment to an affected fire department shall | ||||||
12 | be subject to examination and testing which shall be public, | ||||||
13 | competitive, and open to all applicants unless the municipality | ||||||
14 | shall by ordinance limit applicants to residents of the | ||||||
15 | municipality, county or counties in which the municipality is | ||||||
16 | located, State, or nation. Any examination and testing | ||||||
17 | procedure utilized under subsection (e) of this Section shall | ||||||
18 | be supported by appropriate validation evidence and shall | ||||||
19 | comply with all applicable State and federal laws. | ||||||
20 | Municipalities may establish educational, emergency medical | ||||||
21 | service licensure, and other pre-requisites for participation | ||||||
22 | in an examination or for hire as a firefighter. Any | ||||||
23 | municipality may charge a fee to cover the costs of the | ||||||
24 | application process. | ||||||
25 | Residency requirements in effect at the time an individual | ||||||
26 | enters the fire service of a municipality cannot be made more |
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1 | restrictive for that individual during his or her period of | ||||||
2 | service for that municipality, or be made a condition of | ||||||
3 | promotion, except for the rank or position of fire chief and | ||||||
4 | for no more than 2 positions that rank immediately below that | ||||||
5 | of the chief rank which are appointed positions pursuant to the | ||||||
6 | Fire Department Promotion Act. | ||||||
7 | No person who is 35 years of age or older shall be eligible | ||||||
8 | to take an examination for a position as a firefighter unless | ||||||
9 | the person has had previous employment status as a firefighter | ||||||
10 | in the regularly constituted fire department of the | ||||||
11 | municipality, except as provided in this Section. The age | ||||||
12 | limitation does not apply to: | ||||||
13 | (1) any person previously employed as a full-time | ||||||
14 | firefighter in a regularly constituted fire department of | ||||||
15 | (i) any municipality or fire protection district located in | ||||||
16 | Illinois, (ii) a fire protection district whose | ||||||
17 | obligations were assumed by a municipality under Section 21 | ||||||
18 | of the Fire Protection District Act, or (iii) a | ||||||
19 | municipality whose obligations were taken over by a fire | ||||||
20 | protection district, | ||||||
21 | (2) any person who has served a municipality as a | ||||||
22 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
23 | firefighter for the 5 years immediately preceding the time | ||||||
24 | that the municipality begins to use full-time firefighters | ||||||
25 | to provide all or part of its fire protection service, or | ||||||
26 | (3) any person who turned 35 while serving as a member |
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1 | of the active or reserve components of any of the branches | ||||||
2 | of the Armed Forces of the United States or the National | ||||||
3 | Guard of any state, whose service was characterized as | ||||||
4 | honorable or under honorable, if separated from the | ||||||
5 | military, and is currently under the age of 40. | ||||||
6 | No person who is under 21 years of age shall be eligible | ||||||
7 | for employment as a firefighter. | ||||||
8 | No applicant shall be examined concerning his or her | ||||||
9 | political or religious opinions or affiliations. The | ||||||
10 | examinations shall be conducted by the commissioners of the | ||||||
11 | municipality or their designees and agents. | ||||||
12 | No municipality shall require that any firefighter | ||||||
13 | appointed to the lowest rank serve a probationary employment | ||||||
14 | period of longer than one year of actual active employment, | ||||||
15 | which may exclude periods of training, or injury or illness | ||||||
16 | leaves, including duty related leave, in excess of 30 calendar | ||||||
17 | days. Notwithstanding anything to the contrary in this Section, | ||||||
18 | the probationary employment period limitation may be extended | ||||||
19 | for a firefighter who is required, as a condition of | ||||||
20 | employment, to be a licensed paramedic, during which time the | ||||||
21 | sole reason that a firefighter may be discharged without a | ||||||
22 | hearing is for failing to meet the requirements for paramedic | ||||||
23 | licensure. | ||||||
24 | In the event that any applicant who has been found eligible | ||||||
25 | for appointment and whose name has been placed upon the final | ||||||
26 | eligibility register provided for in this Division 1 has not |
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1 | been appointed to a firefighter position within one year after | ||||||
2 | the date of his or her physical ability examination, the | ||||||
3 | commission may cause a second examination to be made of that | ||||||
4 | applicant's physical ability prior to his or her appointment. | ||||||
5 | If, after the second examination, the physical ability of the | ||||||
6 | applicant shall be found to be less than the minimum standard | ||||||
7 | fixed by the rules of the commission, the applicant shall not | ||||||
8 | be appointed. The applicant's name may be retained upon the | ||||||
9 | register of candidates eligible for appointment and when next | ||||||
10 | reached for certification and appointment that applicant may be | ||||||
11 | again examined as provided in this Section, and if the physical | ||||||
12 | ability of that applicant is found to be less than the minimum | ||||||
13 | standard fixed by the rules of the commission, the applicant | ||||||
14 | shall not be appointed, and the name of the applicant shall be | ||||||
15 | removed from the register. | ||||||
16 | (d) Notice, examination, and testing components. Notice of | ||||||
17 | the time, place, general scope, merit criteria for any | ||||||
18 | subjective component, and fee of every examination shall be | ||||||
19 | given by the commission, by a publication at least 2 weeks | ||||||
20 | preceding the examination: (i) in one or more newspapers | ||||||
21 | published in the municipality, or if no newspaper is published | ||||||
22 | therein, then in one or more newspapers with a general | ||||||
23 | circulation within the municipality, or (ii) on the | ||||||
24 | municipality's Internet website. Additional notice of the | ||||||
25 | examination may be given as the commission shall prescribe. | ||||||
26 | The examination and qualifying standards for employment of |
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1 | firefighters shall be based on: mental aptitude, physical | ||||||
2 | ability, preferences, moral character, and health. The mental | ||||||
3 | aptitude, physical ability, and preference components shall | ||||||
4 | determine an applicant's qualification for and placement on the | ||||||
5 | final register of eligibles. The examination may also include a | ||||||
6 | subjective component based on merit criteria as determined by | ||||||
7 | the commission. Scores from the examination must be made | ||||||
8 | available to the public. | ||||||
9 | (e) Mental aptitude. No person who does not possess at | ||||||
10 | least a high school diploma or an equivalent high school | ||||||
11 | education shall be placed on a register of eligibles. | ||||||
12 | Examination of an applicant's mental aptitude shall be based | ||||||
13 | upon a written examination. The examination shall be practical | ||||||
14 | in character and relate to those matters that fairly test the | ||||||
15 | capacity of the persons examined to discharge the duties | ||||||
16 | performed by members of a fire department. Written examinations | ||||||
17 | shall be administered in a manner that ensures the security and | ||||||
18 | accuracy of the scores achieved. | ||||||
19 | (f) Physical ability. All candidates shall be required to | ||||||
20 | undergo an examination of their physical ability to perform the | ||||||
21 | essential functions included in the duties they may be called | ||||||
22 | upon to perform as a member of a fire department. For the | ||||||
23 | purposes of this Section, essential functions of the job are | ||||||
24 | functions associated with duties that a firefighter may be | ||||||
25 | called upon to perform in response to emergency calls. The | ||||||
26 | frequency of the occurrence of those duties as part of the fire |
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1 | department's regular routine shall not be a controlling factor | ||||||
2 | in the design of examination criteria or evolutions selected | ||||||
3 | for testing. These physical examinations shall be open, | ||||||
4 | competitive, and based on industry standards designed to test | ||||||
5 | each applicant's physical abilities in the following | ||||||
6 | dimensions: | ||||||
7 | (1) Muscular strength to perform tasks and evolutions | ||||||
8 | that may be required in the performance of duties including | ||||||
9 | grip strength, leg strength, and arm strength. Tests shall | ||||||
10 | be conducted under anaerobic as well as aerobic conditions | ||||||
11 | to test both the candidate's speed and endurance in | ||||||
12 | performing tasks and evolutions. Tasks tested may be based | ||||||
13 | on standards developed, or approved, by the local | ||||||
14 | appointing authority. | ||||||
15 | (2) The ability to climb ladders, operate from heights, | ||||||
16 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
17 | and operate in proximity to hazardous environments. | ||||||
18 | (3) The ability to carry out critical, time-sensitive, | ||||||
19 | and complex problem solving during physical exertion in | ||||||
20 | stressful and hazardous environments. The testing | ||||||
21 | environment may be hot and dark with tightly enclosed | ||||||
22 | spaces, flashing lights, sirens, and other distractions. | ||||||
23 | The tests utilized to measure each applicant's
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24 | capabilities in each of these dimensions may be tests based on
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25 | industry standards currently in use or equivalent tests | ||||||
26 | approved by the Joint Labor-Management Committee of the Office |
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1 | of the State Fire Marshal. | ||||||
2 | Physical ability examinations administered under this | ||||||
3 | Section shall be conducted with a reasonable number of proctors | ||||||
4 | and monitors, open to the public, and subject to reasonable | ||||||
5 | regulations of the commission. | ||||||
6 | (g) Scoring of examination components. Appointing | ||||||
7 | authorities may create a preliminary eligibility register. A | ||||||
8 | person shall be placed on the list based upon his or her | ||||||
9 | passage of the written examination or the passage of the | ||||||
10 | written examination and the physical ability component. | ||||||
11 | Passage of the written examination means attaining the minimum | ||||||
12 | score set by the commission. Minimum scores should be set by | ||||||
13 | the commission so as to demonstrate a candidate's ability to | ||||||
14 | perform the essential functions of the job. The minimum score | ||||||
15 | set by the commission shall be supported by appropriate | ||||||
16 | validation evidence and shall comply with all applicable State | ||||||
17 | and federal laws. The appointing authority may conduct the | ||||||
18 | physical ability component and any subjective components | ||||||
19 | subsequent to the posting of the preliminary eligibility | ||||||
20 | register. | ||||||
21 | The examination components for an initial eligibility | ||||||
22 | register shall be graded on a 100-point scale. A person's | ||||||
23 | position on the list shall be determined by the following: (i)
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24 | the person's score on the written examination, (ii) the person
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25 | successfully passing the physical ability component, and (iii) | ||||||
26 | the
person's results on any subjective component as described |
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1 | in
subsection (d). | ||||||
2 | In order to qualify for placement on the final eligibility | ||||||
3 | register, an applicant's score on the written examination, | ||||||
4 | before any applicable preference points or subjective points | ||||||
5 | are applied, shall be at or above the minimum score set by the | ||||||
6 | commission. The local appointing authority may prescribe the | ||||||
7 | score to qualify for placement on the final eligibility | ||||||
8 | register, but the score shall not be less than the minimum | ||||||
9 | score set by the commission. | ||||||
10 | The commission shall prepare and keep a register of persons | ||||||
11 | whose total score is not less than the minimum score for | ||||||
12 | passage and who have passed the physical ability examination. | ||||||
13 | These persons shall take rank upon the register as candidates | ||||||
14 | in the order of their relative excellence based on the highest | ||||||
15 | to the lowest total points scored on the mental aptitude, | ||||||
16 | subjective component, and preference components of the test | ||||||
17 | administered in accordance with this Section. No more than 60 | ||||||
18 | days after each examination, an initial eligibility list shall | ||||||
19 | be posted by the commission. The list shall include the final | ||||||
20 | grades of the candidates without reference to priority of the | ||||||
21 | time of examination and subject to claim for preference credit. | ||||||
22 | Commissions may conduct additional examinations, including | ||||||
23 | without limitation a polygraph test, after a final eligibility | ||||||
24 | register is established and before it expires with the | ||||||
25 | candidates ranked by total score without regard to date of | ||||||
26 | examination. No more than 60 days after each examination, an |
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1 | initial eligibility list shall be posted by the commission | ||||||
2 | showing the final grades of the candidates without reference to | ||||||
3 | priority of time of examination and subject to claim for | ||||||
4 | preference credit. | ||||||
5 | (h) Preferences. The following are preferences: | ||||||
6 | (1) Veteran preference. Persons who were engaged in the | ||||||
7 | military service of the United States for a period of at | ||||||
8 | least one year of active duty and who were honorably | ||||||
9 | discharged therefrom, or who are now or have been members | ||||||
10 | on inactive or reserve duty in such military or naval | ||||||
11 | service, shall be preferred for appointment to and | ||||||
12 | employment with the fire department of an affected | ||||||
13 | department. | ||||||
14 | (2) Fire cadet preference. Persons who have | ||||||
15 | successfully completed 2 years of study in fire techniques | ||||||
16 | or cadet training within a cadet program established under | ||||||
17 | the rules of the Joint Labor and Management Committee | ||||||
18 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
19 | Promotion Act, may be preferred for appointment to and | ||||||
20 | employment with the fire department. | ||||||
21 | (3) Educational preference. Persons who have | ||||||
22 | successfully obtained an associate's degree in the field of | ||||||
23 | fire service or emergency medical services, or a bachelor's | ||||||
24 | degree from an accredited college or university may be | ||||||
25 | preferred for appointment to and employment with the fire | ||||||
26 | department. |
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1 | (4) Paramedic preference. Persons who have obtained a | ||||||
2 | license as a paramedic may be preferred for appointment to | ||||||
3 | and employment with the fire department of an affected | ||||||
4 | department providing emergency medical services. | ||||||
5 | (5) Experience preference. All persons employed by a | ||||||
6 | municipality who have been paid-on-call or part-time | ||||||
7 | certified Firefighter II, certified Firefighter III, State | ||||||
8 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
9 | paramedic, or any combination of those capacities may be | ||||||
10 | awarded up to a maximum of 5 points. However, the applicant | ||||||
11 | may not be awarded more than 0.5 points for each complete | ||||||
12 | year of paid-on-call or part-time service. Applicants from | ||||||
13 | outside the municipality who were employed as full-time | ||||||
14 | firefighters or firefighter-paramedics by a fire | ||||||
15 | protection district or another municipality may be awarded | ||||||
16 | up to 5 experience preference points. However, the | ||||||
17 | applicant may not be awarded more than one point for each | ||||||
18 | complete year of full-time service. | ||||||
19 | Upon request by the commission, the governing body of | ||||||
20 | the municipality or in the case of applicants from outside | ||||||
21 | the municipality the governing body of any fire protection | ||||||
22 | district or any other municipality shall certify to the | ||||||
23 | commission, within 10 days after the request, the number of | ||||||
24 | years of successful paid-on-call, part-time, or full-time | ||||||
25 | service of any person. A candidate may not receive the full | ||||||
26 | amount of preference points under this subsection if the |
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1 | amount of points awarded would place the candidate before a | ||||||
2 | veteran on the eligibility list. If more than one candidate | ||||||
3 | receiving experience preference points is prevented from | ||||||
4 | receiving all of their points due to not being allowed to | ||||||
5 | pass a veteran, the candidates shall be placed on the list | ||||||
6 | below the veteran in rank order based on the totals | ||||||
7 | received if all points under this subsection were to be | ||||||
8 | awarded. Any remaining ties on the list shall be determined | ||||||
9 | by lot. | ||||||
10 | (6) Residency preference. Applicants whose principal | ||||||
11 | residence is located within the fire department's | ||||||
12 | jurisdiction may be preferred for appointment to and | ||||||
13 | employment with the fire department. | ||||||
14 | (7) Additional preferences. Up to 5 additional | ||||||
15 | preference points may be awarded for unique categories | ||||||
16 | based on an applicant's experience or background as | ||||||
17 | identified by the commission. | ||||||
18 | (8) Scoring of preferences. The commission shall give | ||||||
19 | preference for original appointment to persons designated | ||||||
20 | in item (1)
by adding to the final grade that they receive | ||||||
21 | 5 points
for the recognized preference achieved. The | ||||||
22 | commission shall determine the number of preference points | ||||||
23 | for each category except (1). The number of preference | ||||||
24 | points for each category shall range from 0 to 5. In | ||||||
25 | determining the number of preference points, the | ||||||
26 | commission shall prescribe that if a candidate earns the |
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1 | maximum number of preference points in all categories, that | ||||||
2 | number may not be less than 10 nor more than 30. The | ||||||
3 | commission shall give preference for original appointment | ||||||
4 | to persons designated in items (2) through (7) by adding | ||||||
5 | the requisite number of points to the final grade for each | ||||||
6 | recognized preference achieved. The numerical result thus | ||||||
7 | attained shall be applied by the commission in determining | ||||||
8 | the final eligibility list and appointment from the | ||||||
9 | eligibility list. The local appointing authority may | ||||||
10 | prescribe the total number of preference points awarded | ||||||
11 | under this Section, but the total number of preference | ||||||
12 | points shall not be less than 10 points or more than 30 | ||||||
13 | points. | ||||||
14 | No person entitled to any preference shall be required to | ||||||
15 | claim the credit before any examination held under the | ||||||
16 | provisions of this Section, but the preference shall be given | ||||||
17 | after the posting or publication of the initial eligibility | ||||||
18 | list or register at the request of a person entitled to a | ||||||
19 | credit before any certification or appointments are made from | ||||||
20 | the eligibility register, upon the furnishing of verifiable | ||||||
21 | evidence and proof of qualifying preference credit. Candidates | ||||||
22 | who are eligible for preference credit shall make a claim in | ||||||
23 | writing within 10 days after the posting of the initial | ||||||
24 | eligibility list, or the claim shall be deemed waived. Final | ||||||
25 | eligibility registers shall be established after the awarding | ||||||
26 | of verified preference points. All employment shall be subject |
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1 | to the commission's initial hire background review including, | ||||||
2 | but not limited to, criminal history, employment history, moral | ||||||
3 | character, oral examination, and medical and psychological | ||||||
4 | examinations, all on a pass-fail basis. The medical and | ||||||
5 | psychological examinations must be conducted last, and may only | ||||||
6 | be performed after a conditional offer of employment has been | ||||||
7 | extended. | ||||||
8 | Any person placed on an eligibility list who exceeds the | ||||||
9 | age requirement before being appointed to a fire department | ||||||
10 | shall remain eligible for appointment until the list is | ||||||
11 | abolished, or his or her name has been on the list for a period | ||||||
12 | of 2 years. No person who has attained the age of 35 years | ||||||
13 | shall be inducted into a fire department, except as otherwise | ||||||
14 | provided in this Section. | ||||||
15 | The commission shall strike off the names of candidates for | ||||||
16 | original appointment after the names have been on the list for | ||||||
17 | more than 2 years. | ||||||
18 | (i) Moral character. No person shall be appointed to a fire | ||||||
19 | department unless he or she is a person of good character; not | ||||||
20 | a habitual drunkard, a gambler, or a person who has been | ||||||
21 | convicted of a felony or a crime involving moral turpitude. | ||||||
22 | However, no person shall be disqualified from appointment to | ||||||
23 | the fire department because of the person's record of | ||||||
24 | misdemeanor convictions except those under Sections 11-6, | ||||||
25 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
26 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
| |||||||
| |||||||
1 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
2 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
3 | Criminal Code of 2012, or arrest for any cause without | ||||||
4 | conviction thereon. Any such person who is in the department | ||||||
5 | may be removed on charges brought for violating this subsection | ||||||
6 | and after a trial as hereinafter provided. | ||||||
7 | A classifiable set of the fingerprints of every person who | ||||||
8 | is offered employment as a certificated member of an affected | ||||||
9 | fire department whether with or without compensation, shall be | ||||||
10 | furnished to the Illinois Department of State Police and to the | ||||||
11 | Federal Bureau of Investigation by the commission. | ||||||
12 | Whenever a commission is authorized or required by law to | ||||||
13 | consider some aspect of criminal history record information for | ||||||
14 | the purpose of carrying out its statutory powers and | ||||||
15 | responsibilities, then, upon request and payment of fees in | ||||||
16 | conformance with the requirements of Section 2605-400 of the | ||||||
17 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
18 | the Department of State Police is authorized to furnish, | ||||||
19 | pursuant to positive identification, the information contained | ||||||
20 | in State files as is necessary to fulfill the request. | ||||||
21 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
22 | of public business, to meet extraordinary exigencies, or to | ||||||
23 | prevent material impairment of the fire department, the | ||||||
24 | commission may make temporary appointments, to remain in force | ||||||
25 | only until regular appointments are made under the provisions | ||||||
26 | of this Division, but never to exceed 60 days. No temporary |
| |||||||
| |||||||
1 | appointment of any one person shall be made more than twice in | ||||||
2 | any calendar year. | ||||||
3 | (k) A person who knowingly divulges or receives test | ||||||
4 | questions or answers before a written examination, or otherwise | ||||||
5 | knowingly violates or subverts any requirement of this Section, | ||||||
6 | commits a violation of this Section and may be subject to | ||||||
7 | charges for official misconduct. | ||||||
8 | A person who is the knowing recipient of test information | ||||||
9 | in advance of the examination shall be disqualified from the | ||||||
10 | examination or discharged from the position to which he or she | ||||||
11 | was appointed, as applicable, and otherwise subjected to | ||||||
12 | disciplinary actions.
| ||||||
13 | (Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14; | ||||||
14 | 99-78, eff. 7-20-15; 99-379, eff. 8-17-15.)
| ||||||
15 | (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| ||||||
16 | Sec. 10-2.1-4. Fire and police departments; Appointment of
| ||||||
17 | members; Certificates of appointments. | ||||||
18 | The board of fire and police commissioners shall appoint | ||||||
19 | all officers
and members of the fire and police departments of | ||||||
20 | the municipality,
including the chief of police and the chief | ||||||
21 | of the fire department,
unless the council or board of trustees | ||||||
22 | shall by ordinance as to them
otherwise provide; except as | ||||||
23 | otherwise provided in this Section, and
except that in any | ||||||
24 | municipality which adopts or has
adopted this Division 2.1 and | ||||||
25 | also adopts or has adopted Article 5 of
this Code, the chief of |
| |||||||
| |||||||
1 | police and the chief of the fire department
shall be appointed | ||||||
2 | by the municipal manager, if it is provided by
ordinance in | ||||||
3 | such municipality that such chiefs, or either of them,
shall | ||||||
4 | not be appointed by the board of fire and police commissioners.
| ||||||
5 | If the chief of the fire department or the chief of the | ||||||
6 | police department
or both of them are appointed in the manner | ||||||
7 | provided by ordinance, they
may be removed or discharged by the | ||||||
8 | appointing authority. In such case
the appointing authority | ||||||
9 | shall file with the corporate authorities the reasons
for such | ||||||
10 | removal or discharge, which removal or discharge shall not | ||||||
11 | become
effective unless confirmed by a majority vote of the | ||||||
12 | corporate authorities.
| ||||||
13 | If a member of the department is appointed chief of police | ||||||
14 | or chief
of the fire department prior to being eligible to | ||||||
15 | retire on pension, he
shall be considered as on furlough from | ||||||
16 | the rank he held immediately
prior to his appointment as chief. | ||||||
17 | If he resigns as chief or is
discharged as chief prior to | ||||||
18 | attaining eligibility to retire on pension,
he shall revert to | ||||||
19 | and be established in whatever rank he currently holds,
except | ||||||
20 | for previously appointed positions, and thereafter
be entitled | ||||||
21 | to all the benefits and emoluments of that rank,
without regard | ||||||
22 | as to whether a vacancy then exists in that rank.
| ||||||
23 | All appointments to each department other than that of the | ||||||
24 | lowest
rank, however, shall be from the rank next below that to | ||||||
25 | which the
appointment is made except as otherwise provided in | ||||||
26 | this Section, and
except that the chief of police and the chief |
| |||||||
| |||||||
1 | of the
fire department may be appointed from among members of | ||||||
2 | the police and
fire departments, respectively, regardless of | ||||||
3 | rank, unless the council
or board of trustees shall have by | ||||||
4 | ordinance as to them otherwise provided.
A chief of police or | ||||||
5 | the chief of the fire department, having been appointed
from | ||||||
6 | among members
of the police or fire department, respectively, | ||||||
7 | shall be permitted, regardless
of rank, to
take promotional
| ||||||
8 | exams and be promoted to a higher classified rank than he | ||||||
9 | currently holds,
without having to
resign as chief of police or | ||||||
10 | chief of the fire department.
| ||||||
11 | The sole authority to issue certificates of appointment | ||||||
12 | shall be
vested in the Board of Fire and Police Commissioners | ||||||
13 | and all
certificates of appointments issued to any officer or | ||||||
14 | member of the fire
or police department of a municipality shall | ||||||
15 | be signed by the chairman
and secretary respectively of the | ||||||
16 | board of fire and police commissioners
of such municipality, | ||||||
17 | upon appointment of such officer or member of the
fire and | ||||||
18 | police department of such municipality by action of the board
| ||||||
19 | of fire and police commissioners. After being selected from the | ||||||
20 | register of eligibles to fill a vacancy in the affected | ||||||
21 | department, each appointee shall be presented with his or her | ||||||
22 | certificate of appointment on the day on which he or she is | ||||||
23 | sworn in as a classified member of the affected department. | ||||||
24 | Firefighters who were not issued a certificate of appointment | ||||||
25 | when originally appointed shall be provided with a certificate | ||||||
26 | within 10 days after making a written request to the |
| |||||||
| |||||||
1 | chairperson of the Board of Fire and Police Commissioners. In | ||||||
2 | any municipal fire department that employs full-time | ||||||
3 | firefighters and is subject to a collective bargaining | ||||||
4 | agreement, a person who has not qualified for regular | ||||||
5 | appointment under the provisions of this Division 2.1 shall not | ||||||
6 | be used as a temporary or permanent substitute for classified | ||||||
7 | members of a municipality's fire department or for regular | ||||||
8 | appointment as a classified member of a municipality's fire | ||||||
9 | department unless mutually agreed to by the employee's | ||||||
10 | certified bargaining agent. Such agreement shall be considered | ||||||
11 | a permissive subject of bargaining. Municipal fire departments | ||||||
12 | covered by the changes made by this amendatory Act of the 95th | ||||||
13 | General Assembly that are using non-certificated employees as | ||||||
14 | substitutes immediately prior to the effective date of this | ||||||
15 | amendatory Act of the 95th General Assembly may, by mutual | ||||||
16 | agreement with the certified bargaining agent, continue the | ||||||
17 | existing practice or a modified practice and that agreement | ||||||
18 | shall be considered a permissive subject of bargaining. A home | ||||||
19 | rule unit may not regulate the hiring of temporary or | ||||||
20 | substitute members of the municipality's fire department in a | ||||||
21 | manner that is inconsistent with this Section. This Section is | ||||||
22 | a limitation under subsection (i) of Section 6 of Article VII | ||||||
23 | of the Illinois Constitution on the concurrent exercise by home | ||||||
24 | rule units of powers and functions exercised by the State.
| ||||||
25 | The term "policemen" as used in this Division does not | ||||||
26 | include
auxiliary police officers except as provided for in |
| |||||||
| |||||||
1 | Section 10-2.1-6.
| ||||||
2 | Any full time member of a regular fire or police department | ||||||
3 | of any
municipality which comes under the provisions of this | ||||||
4 | Division or adopts
this Division 2.1 or which has adopted any | ||||||
5 | of the prior Acts pertaining to
fire and police commissioners, | ||||||
6 | is a city officer.
| ||||||
7 | Notwithstanding any other provision of this Section, the | ||||||
8 | Chief of
Police of a department in a non-home rule municipality | ||||||
9 | of more than 130,000
inhabitants may, without the advice or | ||||||
10 | consent of the Board of
Fire and Police Commissioners, appoint | ||||||
11 | up to 6 officers who shall be known
as deputy chiefs or | ||||||
12 | assistant deputy chiefs, and whose rank shall be
immediately | ||||||
13 | below that of Chief. The deputy or assistant deputy chiefs may
| ||||||
14 | be appointed from any rank of sworn officers of that | ||||||
15 | municipality, but no
person who is not such a sworn officer may | ||||||
16 | be so appointed. Such deputy
chief or assistant deputy chief | ||||||
17 | shall have the authority to direct and
issue orders to all | ||||||
18 | employees of the Department holding the rank of captain
or any | ||||||
19 | lower rank.
A deputy chief of police or assistant deputy chief | ||||||
20 | of police, having been
appointed from any rank
of sworn | ||||||
21 | officers of that municipality, shall be permitted, regardless | ||||||
22 | of rank,
to take promotional
exams and be promoted to a higher | ||||||
23 | classified rank than he currently holds,
without having to
| ||||||
24 | resign as deputy chief of police or assistant deputy chief of | ||||||
25 | police.
| ||||||
26 | Notwithstanding any other provision of this Section, a |
| |||||||
| |||||||
1 | non-home rule
municipality of 130,000 or fewer inhabitants, | ||||||
2 | through its council or board
of trustees, may, by ordinance, | ||||||
3 | provide for a position of deputy chief to be
appointed by the | ||||||
4 | chief of the police department. The ordinance shall provide
for | ||||||
5 | no more than one deputy chief position if the police department | ||||||
6 | has fewer
than 25 full-time police officers and for no more | ||||||
7 | than 2 deputy chief positions
if the police department has 25 | ||||||
8 | or more full-time police officers. The deputy
chief position
| ||||||
9 | shall be an exempt rank immediately below that of Chief. The | ||||||
10 | deputy chief may
be appointed from any rank of sworn, full-time | ||||||
11 | officers of the municipality's
police department, but must have | ||||||
12 | at least 5 years of full-time service as a
police officer in | ||||||
13 | that department. A deputy chief shall serve at the
discretion | ||||||
14 | of the Chief and, if removed from the position,
shall revert to | ||||||
15 | the rank currently held, without regard as to whether a
vacancy | ||||||
16 | exists in
that rank. A deputy chief
of police, having been | ||||||
17 | appointed from any rank of sworn full-time officers of
that | ||||||
18 | municipality's
police department, shall be permitted, | ||||||
19 | regardless of rank, to take promotional
exams and be
promoted | ||||||
20 | to a higher classified rank than he currently holds, without | ||||||
21 | having to
resign as deputy
chief of police.
| ||||||
22 | No municipality having a population less than 1,000,000 | ||||||
23 | shall require
that any firefighter appointed to the lowest
rank | ||||||
24 | serve a probationary employment period of longer than one year. | ||||||
25 | The
limitation on periods of probationary employment provided | ||||||
26 | in this
amendatory Act of 1989 is an exclusive power and |
| |||||||
| |||||||
1 | function of the State.
Pursuant to subsection (h) of Section 6 | ||||||
2 | of Article VII of the Illinois
Constitution, a home rule | ||||||
3 | municipality having a population less than 1,000,000
must | ||||||
4 | comply with this limitation on periods of probationary | ||||||
5 | employment, which
is a denial and limitation of home rule | ||||||
6 | powers. Notwithstanding anything to
the contrary in this | ||||||
7 | Section, the probationary employment period limitation
may be | ||||||
8 | extended for a firefighter who is required, as a condition of | ||||||
9 | employment, to be a licensed paramedic, during which time the | ||||||
10 | sole reason that a firefighter may be discharged without a | ||||||
11 | hearing is for failing to meet the requirements for paramedic | ||||||
12 | licensure.
| ||||||
13 | To the extent that this Section or any other Section in | ||||||
14 | this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | ||||||
15 | then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. | ||||||
16 | (Source: P.A. 97-251, eff. 8-4-11; 97-813, eff. 7-13-12; | ||||||
17 | 98-973, eff. 8-15-14.)
| ||||||
18 | (65 ILCS 5/10-2.1-6.3) | ||||||
19 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
20 | department. | ||||||
21 | (a) Applicability. Unless a commission elects to follow the | ||||||
22 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
23 | all original appointments to an affected full-time fire | ||||||
24 | department. Existing registers of eligibles shall continue to | ||||||
25 | be valid until their expiration dates, or up to a maximum of 2 |
| |||||||
| |||||||
1 | years after the effective date of this amendatory Act of the | ||||||
2 | 97th General Assembly. | ||||||
3 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
4 | to the contrary, all original appointments to an affected | ||||||
5 | department to which this Section applies shall be administered | ||||||
6 | in the manner provided for in this Section. Provisions of the | ||||||
7 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
8 | adopted pursuant to such authority and other laws relating to | ||||||
9 | initial hiring of firefighters in affected departments shall | ||||||
10 | continue to apply to the extent they are compatible with this | ||||||
11 | Section, but in the event of a conflict between this Section | ||||||
12 | and any other law, this Section shall control. | ||||||
13 | A home rule or non-home rule municipality may not | ||||||
14 | administer its fire department process for original | ||||||
15 | appointments in a manner that is less stringent than this | ||||||
16 | Section. This Section is a limitation under subsection (i) of | ||||||
17 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
18 | concurrent exercise by home rule units of the powers and | ||||||
19 | functions exercised by the State. | ||||||
20 | A municipality that is operating under a court order or | ||||||
21 | consent decree regarding original appointments to a full-time | ||||||
22 | fire department before the effective date of this amendatory | ||||||
23 | Act of the 97th General Assembly is exempt from the | ||||||
24 | requirements of this Section for the duration of the court | ||||||
25 | order or consent decree. | ||||||
26 | Notwithstanding any other provision of this subsection |
| |||||||
| |||||||
1 | (a), this Section does not apply to a municipality with more | ||||||
2 | than 1,000,000 inhabitants. | ||||||
3 | (b) Original appointments. All original appointments made | ||||||
4 | to an affected fire department shall be made from a register of | ||||||
5 | eligibles established in accordance with the processes | ||||||
6 | established by this Section. Only persons who meet or exceed | ||||||
7 | the performance standards required by this Section shall be | ||||||
8 | placed on a register of eligibles for original appointment to | ||||||
9 | an affected fire department. | ||||||
10 | Whenever an appointing authority authorizes action to hire | ||||||
11 | a person to perform the duties of a firefighter or to hire a | ||||||
12 | firefighter-paramedic to fill a position that is a new position | ||||||
13 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
14 | granting of a disability or retirement pension, or any other | ||||||
15 | cause, the appointing authority shall appoint to that position | ||||||
16 | the person with the highest ranking on the final eligibility | ||||||
17 | list. If the appointing authority has reason to conclude that | ||||||
18 | the highest ranked person fails to meet the minimum standards | ||||||
19 | for the position or if the appointing authority believes an | ||||||
20 | alternate candidate would better serve the needs of the | ||||||
21 | department, then the appointing authority has the right to pass | ||||||
22 | over the highest ranked person and appoint either: (i) any | ||||||
23 | person who has a ranking in the top 5% of the register of | ||||||
24 | eligibles or (ii) any person who is among the top 5 highest | ||||||
25 | ranked persons on the list of eligibles if the number of people | ||||||
26 | who have a ranking in the top 5% of the register of eligibles |
| |||||||
| |||||||
1 | is less than 5 people. | ||||||
2 | Any candidate may pass on an appointment once without | ||||||
3 | losing his or her position on the register of eligibles. Any | ||||||
4 | candidate who passes a second time may be removed from the list | ||||||
5 | by the appointing authority provided that such action shall not | ||||||
6 | prejudice a person's opportunities to participate in future | ||||||
7 | examinations, including an examination held during the time a | ||||||
8 | candidate is already on the municipality's register of | ||||||
9 | eligibles. | ||||||
10 | The sole authority to issue certificates of appointment | ||||||
11 | shall be vested in the board of fire and police commissioners. | ||||||
12 | All certificates of appointment issued to any officer or member | ||||||
13 | of an affected department shall be signed by the chairperson | ||||||
14 | and secretary, respectively, of the board upon appointment of | ||||||
15 | such officer or member to the affected department by action of | ||||||
16 | the board. After being selected from the register of eligibles | ||||||
17 | to fill a vacancy in the affected department, each appointee | ||||||
18 | shall be presented with his or her certificate of appointment | ||||||
19 | on the day on which he or she is sworn in as a classified member | ||||||
20 | of the affected department. Firefighters who were not issued a | ||||||
21 | certificate of appointment when originally appointed shall be | ||||||
22 | provided with a certificate within 10 days after making a | ||||||
23 | written request to the chairperson of the board of fire and | ||||||
24 | police commissioners. Each person who accepts a certificate of | ||||||
25 | appointment and successfully completes his or her probationary | ||||||
26 | period shall be enrolled as a firefighter and as a regular |
| |||||||
| |||||||
1 | member of the fire department. | ||||||
2 | For the purposes of this Section, "firefighter" means any | ||||||
3 | person who has been prior to, on, or after the effective date | ||||||
4 | of this amendatory Act of the 97th General Assembly appointed | ||||||
5 | to a fire department or fire protection district or employed by | ||||||
6 | a State university and sworn or commissioned to perform | ||||||
7 | firefighter duties or paramedic duties, or both, except that | ||||||
8 | the following persons are not included: part-time | ||||||
9 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
10 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
11 | other civilian employees of a fire department or fire | ||||||
12 | protection district who are not routinely expected to perform | ||||||
13 | firefighter duties; and elected officials. | ||||||
14 | (c) Qualification for placement on register of eligibles. | ||||||
15 | The purpose of establishing a register of eligibles is to | ||||||
16 | identify applicants who possess and demonstrate the mental | ||||||
17 | aptitude and physical ability to perform the duties required of | ||||||
18 | members of the fire department in order to provide the highest | ||||||
19 | quality of service to the public. To this end, all applicants | ||||||
20 | for original appointment to an affected fire department shall | ||||||
21 | be subject to examination and testing which shall be public, | ||||||
22 | competitive, and open to all applicants unless the municipality | ||||||
23 | shall by ordinance limit applicants to residents of the | ||||||
24 | municipality, county or counties in which the municipality is | ||||||
25 | located, State, or nation. Any examination and testing | ||||||
26 | procedure utilized under subsection (e) of this Section shall |
| |||||||
| |||||||
1 | be supported by appropriate validation evidence and shall | ||||||
2 | comply with all applicable State and federal laws. | ||||||
3 | Municipalities may establish educational, emergency medical | ||||||
4 | service licensure, and other pre-requisites for participation | ||||||
5 | in an examination or for hire as a firefighter. Any | ||||||
6 | municipality may charge a fee to cover the costs of the | ||||||
7 | application process. | ||||||
8 | Residency requirements in effect at the time an individual | ||||||
9 | enters the fire service of a municipality cannot be made more | ||||||
10 | restrictive for that individual during his or her period of | ||||||
11 | service for that municipality, or be made a condition of | ||||||
12 | promotion, except for the rank or position of fire chief and | ||||||
13 | for no more than 2 positions that rank immediately below that | ||||||
14 | of the chief rank which are appointed positions pursuant to the | ||||||
15 | Fire Department Promotion Act. | ||||||
16 | No person who is 35 years of age or older shall be eligible | ||||||
17 | to take an examination for a position as a firefighter unless | ||||||
18 | the person has had previous employment status as a firefighter | ||||||
19 | in the regularly constituted fire department of the | ||||||
20 | municipality, except as provided in this Section. The age | ||||||
21 | limitation does not apply to: | ||||||
22 | (1) any person previously employed as a full-time | ||||||
23 | firefighter in a regularly constituted fire department of | ||||||
24 | (i) any municipality or fire protection district located in | ||||||
25 | Illinois, (ii) a fire protection district whose | ||||||
26 | obligations were assumed by a municipality under Section 21 |
| |||||||
| |||||||
1 | of the Fire Protection District Act, or (iii) a | ||||||
2 | municipality whose obligations were taken over by a fire | ||||||
3 | protection district, | ||||||
4 | (2) any person who has served a municipality as a | ||||||
5 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
6 | firefighter for the 5 years immediately preceding the time | ||||||
7 | that the municipality begins to use full-time firefighters | ||||||
8 | to provide all or part of its fire protection service, or | ||||||
9 | (3) any person who turned 35 while serving as a member | ||||||
10 | of the active or reserve components of any of the branches | ||||||
11 | of the Armed Forces of the United States or the National | ||||||
12 | Guard of any state, whose service was characterized as | ||||||
13 | honorable or under honorable, if separated from the | ||||||
14 | military, and is currently under the age of 40. | ||||||
15 | No person who is under 21 years of age shall be eligible | ||||||
16 | for employment as a firefighter. | ||||||
17 | No applicant shall be examined concerning his or her | ||||||
18 | political or religious opinions or affiliations. The | ||||||
19 | examinations shall be conducted by the commissioners of the | ||||||
20 | municipality or their designees and agents. | ||||||
21 | No municipality shall require that any firefighter | ||||||
22 | appointed to the lowest rank serve a probationary employment | ||||||
23 | period of longer than one year of actual active employment, | ||||||
24 | which may exclude periods of training, or injury or illness | ||||||
25 | leaves, including duty related leave, in excess of 30 calendar | ||||||
26 | days. Notwithstanding anything to the contrary in this Section, |
| |||||||
| |||||||
1 | the probationary employment period limitation may be extended | ||||||
2 | for a firefighter who is required, as a condition of | ||||||
3 | employment, to be a licensed paramedic, during which time the | ||||||
4 | sole reason that a firefighter may be discharged without a | ||||||
5 | hearing is for failing to meet the requirements for paramedic | ||||||
6 | licensure. | ||||||
7 | In the event that any applicant who has been found eligible | ||||||
8 | for appointment and whose name has been placed upon the final | ||||||
9 | eligibility register provided for in this Section has not been | ||||||
10 | appointed to a firefighter position within one year after the | ||||||
11 | date of his or her physical ability examination, the commission | ||||||
12 | may cause a second examination to be made of that applicant's | ||||||
13 | physical ability prior to his or her appointment. If, after the | ||||||
14 | second examination, the physical ability of the applicant shall | ||||||
15 | be found to be less than the minimum standard fixed by the | ||||||
16 | rules of the commission, the applicant shall not be appointed. | ||||||
17 | The applicant's name may be retained upon the register of | ||||||
18 | candidates eligible for appointment and when next reached for | ||||||
19 | certification and appointment that applicant may be again | ||||||
20 | examined as provided in this Section, and if the physical | ||||||
21 | ability of that applicant is found to be less than the minimum | ||||||
22 | standard fixed by the rules of the commission, the applicant | ||||||
23 | shall not be appointed, and the name of the applicant shall be | ||||||
24 | removed from the register. | ||||||
25 | (d) Notice, examination, and testing components. Notice of | ||||||
26 | the time, place, general scope, merit criteria for any |
| |||||||
| |||||||
1 | subjective component, and fee of every examination shall be | ||||||
2 | given by the commission, by a publication at least 2 weeks | ||||||
3 | preceding the examination: (i) in one or more newspapers | ||||||
4 | published in the municipality, or if no newspaper is published | ||||||
5 | therein, then in one or more newspapers with a general | ||||||
6 | circulation within the municipality, or (ii) on the | ||||||
7 | municipality's Internet website. Additional notice of the | ||||||
8 | examination may be given as the commission shall prescribe. | ||||||
9 | The examination and qualifying standards for employment of | ||||||
10 | firefighters shall be based on: mental aptitude, physical | ||||||
11 | ability, preferences, moral character, and health. The mental | ||||||
12 | aptitude, physical ability, and preference components shall | ||||||
13 | determine an applicant's qualification for and placement on the | ||||||
14 | final register of eligibles. The examination may also include a | ||||||
15 | subjective component based on merit criteria as determined by | ||||||
16 | the commission. Scores from the examination must be made | ||||||
17 | available to the public. | ||||||
18 | (e) Mental aptitude. No person who does not possess at | ||||||
19 | least a high school diploma or an equivalent high school | ||||||
20 | education shall be placed on a register of eligibles. | ||||||
21 | Examination of an applicant's mental aptitude shall be based | ||||||
22 | upon a written examination. The examination shall be practical | ||||||
23 | in character and relate to those matters that fairly test the | ||||||
24 | capacity of the persons examined to discharge the duties | ||||||
25 | performed by members of a fire department. Written examinations | ||||||
26 | shall be administered in a manner that ensures the security and |
| |||||||
| |||||||
1 | accuracy of the scores achieved. | ||||||
2 | (f) Physical ability. All candidates shall be required to | ||||||
3 | undergo an examination of their physical ability to perform the | ||||||
4 | essential functions included in the duties they may be called | ||||||
5 | upon to perform as a member of a fire department. For the | ||||||
6 | purposes of this Section, essential functions of the job are | ||||||
7 | functions associated with duties that a firefighter may be | ||||||
8 | called upon to perform in response to emergency calls. The | ||||||
9 | frequency of the occurrence of those duties as part of the fire | ||||||
10 | department's regular routine shall not be a controlling factor | ||||||
11 | in the design of examination criteria or evolutions selected | ||||||
12 | for testing. These physical examinations shall be open, | ||||||
13 | competitive, and based on industry standards designed to test | ||||||
14 | each applicant's physical abilities in the following | ||||||
15 | dimensions: | ||||||
16 | (1) Muscular strength to perform tasks and evolutions | ||||||
17 | that may be required in the performance of duties including | ||||||
18 | grip strength, leg strength, and arm strength. Tests shall | ||||||
19 | be conducted under anaerobic as well as aerobic conditions | ||||||
20 | to test both the candidate's speed and endurance in | ||||||
21 | performing tasks and evolutions. Tasks tested may be based | ||||||
22 | on standards developed, or approved, by the local | ||||||
23 | appointing authority. | ||||||
24 | (2) The ability to climb ladders, operate from heights, | ||||||
25 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
26 | and operate in proximity to hazardous environments. |
| |||||||
| |||||||
1 | (3) The ability to carry out critical, time-sensitive, | ||||||
2 | and complex problem solving during physical exertion in | ||||||
3 | stressful and hazardous environments. The testing | ||||||
4 | environment may be hot and dark with tightly enclosed | ||||||
5 | spaces, flashing lights, sirens, and other distractions. | ||||||
6 | The tests utilized to measure each applicant's
| ||||||
7 | capabilities in each of these dimensions may be tests based on
| ||||||
8 | industry standards currently in use or equivalent tests | ||||||
9 | approved by the Joint Labor-Management Committee of the Office | ||||||
10 | of the State Fire Marshal. | ||||||
11 | Physical ability examinations administered under this | ||||||
12 | Section shall be conducted with a reasonable number of proctors | ||||||
13 | and monitors, open to the public, and subject to reasonable | ||||||
14 | regulations of the commission. | ||||||
15 | (g) Scoring of examination components. Appointing | ||||||
16 | authorities may create a preliminary eligibility register. A | ||||||
17 | person shall be placed on the list based upon his or her | ||||||
18 | passage of the written examination or the passage of the | ||||||
19 | written examination and the physical ability component. | ||||||
20 | Passage of the written examination means attaining the minimum | ||||||
21 | score set by the commission. Minimum scores should be set by | ||||||
22 | the commission so as to demonstrate a candidate's ability to | ||||||
23 | perform the essential functions of the job. The minimum score | ||||||
24 | set by the commission shall be supported by appropriate | ||||||
25 | validation evidence and shall comply with all applicable State | ||||||
26 | and federal laws. The appointing authority may conduct the |
| |||||||
| |||||||
1 | physical ability component and any subjective components | ||||||
2 | subsequent to the posting of the preliminary eligibility | ||||||
3 | register. | ||||||
4 | The examination components for an initial eligibility | ||||||
5 | register shall be graded on a 100-point scale. A person's | ||||||
6 | position on the list shall be determined by the following: (i)
| ||||||
7 | the person's score on the written examination, (ii) the person
| ||||||
8 | successfully passing the physical ability component, and (iii) | ||||||
9 | the
person's results on any subjective component as described | ||||||
10 | in
subsection (d). | ||||||
11 | In order to qualify for placement on the final eligibility | ||||||
12 | register, an applicant's score on the written examination, | ||||||
13 | before any applicable preference points or subjective points | ||||||
14 | are applied, shall be at or above the minimum score as set by | ||||||
15 | the commission. The local appointing authority may prescribe | ||||||
16 | the score to qualify for placement on the final eligibility | ||||||
17 | register, but the score shall not be less than the minimum | ||||||
18 | score set by the commission. | ||||||
19 | The commission shall prepare and keep a register of persons | ||||||
20 | whose total score is not less than the minimum score for | ||||||
21 | passage and who have passed the physical ability examination. | ||||||
22 | These persons shall take rank upon the register as candidates | ||||||
23 | in the order of their relative excellence based on the highest | ||||||
24 | to the lowest total points scored on the mental aptitude, | ||||||
25 | subjective component, and preference components of the test | ||||||
26 | administered in accordance with this Section. No more than 60 |
| |||||||
| |||||||
1 | days after each examination, an initial eligibility list shall | ||||||
2 | be posted by the commission. The list shall include the final | ||||||
3 | grades of the candidates without reference to priority of the | ||||||
4 | time of examination and subject to claim for preference credit. | ||||||
5 | Commissions may conduct additional examinations, including | ||||||
6 | without limitation a polygraph test, after a final eligibility | ||||||
7 | register is established and before it expires with the | ||||||
8 | candidates ranked by total score without regard to date of | ||||||
9 | examination. No more than 60 days after each examination, an | ||||||
10 | initial eligibility list shall be posted by the commission | ||||||
11 | showing the final grades of the candidates without reference to | ||||||
12 | priority of time of examination and subject to claim for | ||||||
13 | preference credit. | ||||||
14 | (h) Preferences. The following are preferences: | ||||||
15 | (1) Veteran preference. Persons who were engaged in the | ||||||
16 | military service of the United States for a period of at | ||||||
17 | least one year of active duty and who were honorably | ||||||
18 | discharged therefrom, or who are now or have been members | ||||||
19 | on inactive or reserve duty in such military or naval | ||||||
20 | service, shall be preferred for appointment to and | ||||||
21 | employment with the fire department of an affected | ||||||
22 | department. | ||||||
23 | (2) Fire cadet preference. Persons who have | ||||||
24 | successfully completed 2 years of study in fire techniques | ||||||
25 | or cadet training within a cadet program established under | ||||||
26 | the rules of the Joint Labor and Management Committee |
| |||||||
| |||||||
1 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
2 | Promotion Act, may be preferred for appointment to and | ||||||
3 | employment with the fire department. | ||||||
4 | (3) Educational preference. Persons who have | ||||||
5 | successfully obtained an associate's degree in the field of | ||||||
6 | fire service or emergency medical services, or a bachelor's | ||||||
7 | degree from an accredited college or university may be | ||||||
8 | preferred for appointment to and employment with the fire | ||||||
9 | department. | ||||||
10 | (4) Paramedic preference. Persons who have obtained a | ||||||
11 | license as a paramedic shall be preferred for appointment | ||||||
12 | to and employment with the fire department of an affected | ||||||
13 | department providing emergency medical services. | ||||||
14 | (5) Experience preference. All persons employed by a | ||||||
15 | municipality who have been paid-on-call or part-time | ||||||
16 | certified Firefighter II, State of Illinois or nationally | ||||||
17 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
18 | capacities shall be awarded 0.5 point for each year of | ||||||
19 | successful service in one or more of those capacities, up | ||||||
20 | to a maximum of 5 points. Certified Firefighter III and | ||||||
21 | State of Illinois or nationally licensed paramedics shall | ||||||
22 | be awarded one point per year up to a maximum of 5 points. | ||||||
23 | Applicants from outside the municipality who were employed | ||||||
24 | as full-time firefighters or firefighter-paramedics by a | ||||||
25 | fire protection district or another municipality for at | ||||||
26 | least 2 years shall be awarded 5 experience preference |
| |||||||
| |||||||
1 | points. These additional points presuppose a rating scale | ||||||
2 | totaling 100 points available for the eligibility list. If | ||||||
3 | more or fewer points are used in the rating scale for the | ||||||
4 | eligibility list, the points awarded under this subsection | ||||||
5 | shall be increased or decreased by a factor equal to the | ||||||
6 | total possible points available for the examination | ||||||
7 | divided by 100. | ||||||
8 | Upon request by the commission, the governing body of | ||||||
9 | the municipality or in the case of applicants from outside | ||||||
10 | the municipality the governing body of any fire protection | ||||||
11 | district or any other municipality shall certify to the | ||||||
12 | commission, within 10 days after the request, the number of | ||||||
13 | years of successful paid-on-call, part-time, or full-time | ||||||
14 | service of any person. A candidate may not receive the full | ||||||
15 | amount of preference points under this subsection if the | ||||||
16 | amount of points awarded would place the candidate before a | ||||||
17 | veteran on the eligibility list. If more than one candidate | ||||||
18 | receiving experience preference points is prevented from | ||||||
19 | receiving all of their points due to not being allowed to | ||||||
20 | pass a veteran, the candidates shall be placed on the list | ||||||
21 | below the veteran in rank order based on the totals | ||||||
22 | received if all points under this subsection were to be | ||||||
23 | awarded. Any remaining ties on the list shall be determined | ||||||
24 | by lot. | ||||||
25 | (6) Residency preference. Applicants whose principal | ||||||
26 | residence is located within the fire department's |
| |||||||
| |||||||
1 | jurisdiction shall be preferred for appointment to and | ||||||
2 | employment with the fire department. | ||||||
3 | (7) Additional preferences. Up to 5 additional | ||||||
4 | preference points may be awarded for unique categories | ||||||
5 | based on an applicant's experience or background as | ||||||
6 | identified by the commission. | ||||||
7 | (8) Scoring of preferences. The commission shall give | ||||||
8 | preference for original appointment
to persons designated | ||||||
9 | in item (1)
by adding to the final grade that they receive | ||||||
10 | 5 points
for the recognized preference achieved. The | ||||||
11 | commission shall determine the number of preference points | ||||||
12 | for each category except (1). The number of preference | ||||||
13 | points for each category shall range from 0 to 5. In | ||||||
14 | determining the number of preference points, the | ||||||
15 | commission shall prescribe that if a candidate earns the | ||||||
16 | maximum number of preference points in all categories, that | ||||||
17 | number may not be less than 10 nor more than 30. The | ||||||
18 | commission shall give preference for original appointment | ||||||
19 | to persons designated in items (2) through (7) by adding | ||||||
20 | the requisite number of points to the final grade for each | ||||||
21 | recognized preference achieved. The numerical result thus | ||||||
22 | attained shall be applied by the commission in determining | ||||||
23 | the final eligibility list and appointment from the | ||||||
24 | eligibility list. The local appointing authority may | ||||||
25 | prescribe the total number of preference points awarded | ||||||
26 | under this Section, but the total number of preference |
| |||||||
| |||||||
1 | points shall not be less than 10 points or more than 30 | ||||||
2 | points. | ||||||
3 | No person entitled to any preference shall be required to | ||||||
4 | claim the credit before any examination held under the | ||||||
5 | provisions of this Section, but the preference shall be given | ||||||
6 | after the posting or publication of the initial eligibility | ||||||
7 | list or register at the request of a person entitled to a | ||||||
8 | credit before any certification or appointments are made from | ||||||
9 | the eligibility register, upon the furnishing of verifiable | ||||||
10 | evidence and proof of qualifying preference credit. Candidates | ||||||
11 | who are eligible for preference credit shall make a claim in | ||||||
12 | writing within 10 days after the posting of the initial | ||||||
13 | eligibility list, or the claim shall be deemed waived. Final | ||||||
14 | eligibility registers shall be established after the awarding | ||||||
15 | of verified preference points. All employment shall be subject | ||||||
16 | to the commission's initial hire background review including, | ||||||
17 | but not limited to, criminal history, employment history, moral | ||||||
18 | character, oral examination, and medical and psychological | ||||||
19 | examinations, all on a pass-fail basis. The medical and | ||||||
20 | psychological examinations must be conducted last, and may only | ||||||
21 | be performed after a conditional offer of employment has been | ||||||
22 | extended. | ||||||
23 | Any person placed on an eligibility list who exceeds the | ||||||
24 | age requirement before being appointed to a fire department | ||||||
25 | shall remain eligible for appointment until the list is | ||||||
26 | abolished, or his or her name has been on the list for a period |
| |||||||
| |||||||
1 | of 2 years. No person who has attained the age of 35 years | ||||||
2 | shall be inducted into a fire department, except as otherwise | ||||||
3 | provided in this Section. | ||||||
4 | The commission shall strike off the names of candidates for | ||||||
5 | original appointment after the names have been on the list for | ||||||
6 | more than 2 years. | ||||||
7 | (i) Moral character. No person shall be appointed to a fire | ||||||
8 | department unless he or she is a person of good character; not | ||||||
9 | a habitual drunkard, a gambler, or a person who has been | ||||||
10 | convicted of a felony or a crime involving moral turpitude. | ||||||
11 | However, no person shall be disqualified from appointment to | ||||||
12 | the fire department because of the person's record of | ||||||
13 | misdemeanor convictions except those under Sections 11-6, | ||||||
14 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
15 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
16 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
17 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
18 | Criminal Code of 2012, or arrest for any cause without | ||||||
19 | conviction thereon. Any such person who is in the department | ||||||
20 | may be removed on charges brought for violating this subsection | ||||||
21 | and after a trial as hereinafter provided. | ||||||
22 | A classifiable set of the fingerprints of every person who | ||||||
23 | is offered employment as a certificated member of an affected | ||||||
24 | fire department whether with or without compensation, shall be | ||||||
25 | furnished to the Illinois Department of State Police and to the | ||||||
26 | Federal Bureau of Investigation by the commission. |
| |||||||
| |||||||
1 | Whenever a commission is authorized or required by law to | ||||||
2 | consider some aspect of criminal history record information for | ||||||
3 | the purpose of carrying out its statutory powers and | ||||||
4 | responsibilities, then, upon request and payment of fees in | ||||||
5 | conformance with the requirements of Section 2605-400 of the | ||||||
6 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
7 | the Department of State Police is authorized to furnish, | ||||||
8 | pursuant to positive identification, the information contained | ||||||
9 | in State files as is necessary to fulfill the request. | ||||||
10 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
11 | of public business, to meet extraordinary exigencies, or to | ||||||
12 | prevent material impairment of the fire department, the | ||||||
13 | commission may make temporary appointments, to remain in force | ||||||
14 | only until regular appointments are made under the provisions | ||||||
15 | of this Division, but never to exceed 60 days. No temporary | ||||||
16 | appointment of any one person shall be made more than twice in | ||||||
17 | any calendar year. | ||||||
18 | (k) A person who knowingly divulges or receives test | ||||||
19 | questions or answers before a written examination, or otherwise | ||||||
20 | knowingly violates or subverts any requirement of this Section, | ||||||
21 | commits a violation of this Section and may be subject to | ||||||
22 | charges for official misconduct. | ||||||
23 | A person who is the knowing recipient of test information | ||||||
24 | in advance of the examination shall be disqualified from the | ||||||
25 | examination or discharged from the position to which he or she | ||||||
26 | was appointed, as applicable, and otherwise subjected to |
| |||||||
| |||||||
1 | disciplinary actions.
| ||||||
2 | (Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14; | ||||||
3 | 99-78, eff. 7-20-15; 99-379, eff. 8-17-15.)
| ||||||
4 | Section 10. The Fire Protection District Act is amended by | ||||||
5 | changing Sections 16.04a and 16.06b as follows:
| ||||||
6 | (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
| ||||||
7 | Sec. 16.04a.
The board of fire commissioners shall appoint | ||||||
8 | all
officers and members of the fire departments of the | ||||||
9 | district, except the
Chief of the fire department. The board of | ||||||
10 | trustees shall appoint the Chief
of the fire department, who | ||||||
11 | shall serve at the pleasure of the board, and may
enter into a | ||||||
12 | multi-year contract not exceeding 3 years with the Chief.
| ||||||
13 | If a member of the department is appointed Chief of the | ||||||
14 | fire department
prior to being eligible to retire on pension he | ||||||
15 | shall be considered as on
furlough from the rank he held | ||||||
16 | immediately prior to his appointment as
Chief. If he resigns as | ||||||
17 | Chief or is discharged as Chief prior to attaining
eligibility | ||||||
18 | to retire on pension, he shall revert to and be established in
| ||||||
19 | such prior rank, and thereafter be entitled to all the benefits | ||||||
20 | and
emoluments of such prior rank, without regard as to whether | ||||||
21 | a vacancy then
exists in such rank. In such instances, the | ||||||
22 | Chief shall be deemed to have
continued to accrue seniority in | ||||||
23 | the department during his period of
service as Chief, or time | ||||||
24 | in grade in his former rank to which he shall
revert during his |
| |||||||
| |||||||
1 | period of service as Chief, except solely for purposes of
any | ||||||
2 | layoff as provided in Section 16.13b hereafter.
| ||||||
3 | All appointments to each department other than that of the | ||||||
4 | lowest rank,
however, shall be from the rank next below that to | ||||||
5 | which the appointment is
made, except that the Chief of the | ||||||
6 | fire department may be appointed from
among members of the fire | ||||||
7 | department, regardless of rank.
| ||||||
8 | The sole authority to issue certificates of appointment | ||||||
9 | shall be vested
in the board of fire commissioners and all | ||||||
10 | certificates of appointments
issued to any officer or member of | ||||||
11 | the fire department shall be signed by
the chairman and | ||||||
12 | secretary respectively of the board of fire commissioners
upon | ||||||
13 | appointment of such officer or member of the fire department by | ||||||
14 | action
of the board of fire commissioners. After being selected | ||||||
15 | from the register of eligibles to fill a vacancy in the | ||||||
16 | affected department, each appointee shall be presented with his | ||||||
17 | or her certificate of appointment on the day on which he or she | ||||||
18 | is sworn in as a classified member of the affected department. | ||||||
19 | Firefighters who were not issued a certificate of appointment | ||||||
20 | when originally appointed shall be provided with a certificate | ||||||
21 | within 10 days after making a written request to the | ||||||
22 | chairperson of the board of fire commissioners.
| ||||||
23 | To the extent that this Section or any other Section in | ||||||
24 | this Act conflicts with Section 16.06b or 16.06c, then Section | ||||||
25 | 16.06b or 16.06c shall control. | ||||||
26 | (Source: P.A. 97-251, eff. 8-4-11.)
|
| |||||||
| |||||||
1 | (70 ILCS 705/16.06b) | ||||||
2 | Sec. 16.06b. Original appointments; full-time fire | ||||||
3 | department. | ||||||
4 | (a) Applicability. Unless a commission elects to follow the | ||||||
5 | provisions of Section 16.06c, this Section shall apply to all | ||||||
6 | original appointments to an affected full-time fire | ||||||
7 | department. Existing registers of eligibles shall continue to | ||||||
8 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
9 | years after the effective date of this amendatory Act of the | ||||||
10 | 97th General Assembly. | ||||||
11 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
12 | to the contrary, all original appointments to an affected | ||||||
13 | department to which this Section applies shall be administered | ||||||
14 | in a no less stringent manner than the manner provided for in | ||||||
15 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
16 | Protection District Act, fire district ordinances, and rules | ||||||
17 | adopted pursuant to such authority and other laws relating to | ||||||
18 | initial hiring of firefighters in affected departments shall | ||||||
19 | continue to apply to the extent they are compatible with this | ||||||
20 | Section, but in the event of a conflict between this Section | ||||||
21 | and any other law, this Section shall control. | ||||||
22 | A fire protection district that is operating under a court | ||||||
23 | order or consent decree regarding original appointments to a | ||||||
24 | full-time fire department before the effective date of this | ||||||
25 | amendatory Act of the 97th General Assembly is exempt from the |
| |||||||
| |||||||
1 | requirements of this Section for the duration of the court | ||||||
2 | order or consent decree. | ||||||
3 | (b) Original appointments. All original appointments made | ||||||
4 | to an affected fire department shall be made from a register of | ||||||
5 | eligibles established in accordance with the processes | ||||||
6 | required by this Section. Only persons who meet or exceed the | ||||||
7 | performance standards required by the Section shall be placed | ||||||
8 | on a register of eligibles for original appointment to an | ||||||
9 | affected fire department. | ||||||
10 | Whenever an appointing authority authorizes action to hire | ||||||
11 | a person to perform the duties of a firefighter or to hire a | ||||||
12 | firefighter-paramedic to fill a position that is a new position | ||||||
13 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
14 | granting of a disability or retirement pension, or any other | ||||||
15 | cause, the appointing authority shall appoint to that position | ||||||
16 | the person with the highest ranking on the final eligibility | ||||||
17 | list. If the appointing authority has reason to conclude that | ||||||
18 | the highest ranked person fails to meet the minimum standards | ||||||
19 | for the position or if the appointing authority believes an | ||||||
20 | alternate candidate would better serve the needs of the | ||||||
21 | department, then the appointing authority has the right to pass | ||||||
22 | over the highest ranked person and appoint either: (i) any | ||||||
23 | person who has a ranking in the top 5% of the register of | ||||||
24 | eligibles or (ii) any person who is among the top 5 highest | ||||||
25 | ranked persons on the list of eligibles if the number of people | ||||||
26 | who have a ranking in the top 5% of the register of eligibles |
| |||||||
| |||||||
1 | is less than 5 people. | ||||||
2 | Any candidate may pass on an appointment once without | ||||||
3 | losing his or her position on the register of eligibles. Any | ||||||
4 | candidate who passes a second time may be removed from the list | ||||||
5 | by the appointing authority provided that such action shall not | ||||||
6 | prejudice a person's opportunities to participate in future | ||||||
7 | examinations, including an examination held during the time a | ||||||
8 | candidate is already on the fire district's register of | ||||||
9 | eligibles. | ||||||
10 | The sole authority to issue certificates of appointment | ||||||
11 | shall be vested in the board of fire commissioners, or board of | ||||||
12 | trustees serving in the capacity of a board of fire | ||||||
13 | commissioners. All certificates of appointment issued to any | ||||||
14 | officer or member of an affected department shall be signed by | ||||||
15 | the chairperson and secretary, respectively, of the commission | ||||||
16 | upon appointment of such officer or member to the affected | ||||||
17 | department by action of the commission. After being selected | ||||||
18 | from the register of eligibles to fill a vacancy in the | ||||||
19 | affected department, each appointee shall be presented with his | ||||||
20 | or her certificate of appointment on the day on which he or she | ||||||
21 | is sworn in as a classified member of the affected department. | ||||||
22 | Firefighters who were not issued a certificate of appointment | ||||||
23 | when originally appointed shall be provided with a certificate | ||||||
24 | within 10 days after making a written request to the | ||||||
25 | chairperson of the board of fire commissioners, or board of | ||||||
26 | trustees serving in the capacity of a board of fire |
| |||||||
| |||||||
1 | commissioners. Each person who accepts a certificate of | ||||||
2 | appointment and successfully completes his or her probationary | ||||||
3 | period shall be enrolled as a firefighter and as a regular | ||||||
4 | member of the fire department. | ||||||
5 | For the purposes of this Section, "firefighter" means any | ||||||
6 | person who has been prior to, on, or after the effective date | ||||||
7 | of this amendatory Act of the 97th General Assembly appointed | ||||||
8 | to a fire department or fire protection district or employed by | ||||||
9 | a State university and sworn or commissioned to perform | ||||||
10 | firefighter duties or paramedic duties, or both, except that | ||||||
11 | the following persons are not included: part-time | ||||||
12 | firefighters; auxiliary, reserve, or voluntary firefighters, | ||||||
13 | including paid-on-call firefighters; clerks and dispatchers or | ||||||
14 | other civilian employees of a fire department or fire | ||||||
15 | protection district who are not routinely expected to perform | ||||||
16 | firefighter duties; and elected officials. | ||||||
17 | (c) Qualification for placement on register of eligibles. | ||||||
18 | The purpose of establishing a register of eligibles is to | ||||||
19 | identify applicants who possess and demonstrate the mental | ||||||
20 | aptitude and physical ability to perform the duties required of | ||||||
21 | members of the fire department in order to provide the highest | ||||||
22 | quality of service to the public. To this end, all applicants | ||||||
23 | for original appointment to an affected fire department shall | ||||||
24 | be subject to examination and testing which shall be public, | ||||||
25 | competitive, and open to all applicants unless the district | ||||||
26 | shall by ordinance limit applicants to residents of the |
| |||||||
| |||||||
1 | district, county or counties in which the district is located, | ||||||
2 | State, or nation. Any examination and testing procedure | ||||||
3 | utilized under subsection (e) of this Section shall be | ||||||
4 | supported by appropriate validation evidence and shall comply | ||||||
5 | with all applicable State and federal laws. Districts may | ||||||
6 | establish educational, emergency medical service licensure, | ||||||
7 | and other pre-requisites for participation in an examination or | ||||||
8 | for hire as a firefighter. Any fire protection district may | ||||||
9 | charge a fee to cover the costs of the application process. | ||||||
10 | Residency requirements in effect at the time an individual | ||||||
11 | enters the fire service of a district cannot be made more | ||||||
12 | restrictive for that individual during his or her period of | ||||||
13 | service for that district, or be made a condition of promotion, | ||||||
14 | except for the rank or position of fire chief and for no more | ||||||
15 | than 2 positions that rank immediately below that of the chief | ||||||
16 | rank which are appointed positions pursuant to the Fire | ||||||
17 | Department Promotion Act. | ||||||
18 | No person who is 35 years of age or older shall be eligible | ||||||
19 | to take an examination for a position as a firefighter unless | ||||||
20 | the person has had previous employment status as a firefighter | ||||||
21 | in the regularly constituted fire department of the district, | ||||||
22 | except as provided in this Section. The age limitation does not | ||||||
23 | apply to: | ||||||
24 | (1) any person previously employed as a full-time | ||||||
25 | firefighter in a regularly constituted fire department of | ||||||
26 | (i) any municipality or fire protection district located in |
| |||||||
| |||||||
1 | Illinois, (ii) a fire protection district whose | ||||||
2 | obligations were assumed by a municipality under Section 21 | ||||||
3 | of the Fire Protection District Act, or (iii) a | ||||||
4 | municipality whose obligations were taken over by a fire | ||||||
5 | protection district; | ||||||
6 | (2) any person who has served a fire district as a | ||||||
7 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
8 | firefighter for the 5 years immediately preceding the time | ||||||
9 | that the district begins to use full-time firefighters to | ||||||
10 | provide all or part of its fire protection service; or | ||||||
11 | (3) any person who turned 35 while serving as a member | ||||||
12 | of the active or reserve components of any of the branches | ||||||
13 | of the Armed Forces of the United States or the National | ||||||
14 | Guard of any state, whose service was characterized as | ||||||
15 | honorable or under honorable, if separated from the | ||||||
16 | military, and is currently under the age of 40. | ||||||
17 | No person who is under 21 years of age shall be eligible | ||||||
18 | for employment as a firefighter. | ||||||
19 | No applicant shall be examined concerning his or her | ||||||
20 | political or religious opinions or affiliations. The | ||||||
21 | examinations shall be conducted by the commissioners of the | ||||||
22 | district or their designees and agents. | ||||||
23 | No district shall require that any firefighter appointed to | ||||||
24 | the lowest rank serve a probationary employment period of | ||||||
25 | longer than one year of actual active employment, which may | ||||||
26 | exclude periods of training, or injury or illness leaves, |
| |||||||
| |||||||
1 | including duty related leave, in excess of 30 calendar days. | ||||||
2 | Notwithstanding anything to the contrary in this Section, the | ||||||
3 | probationary employment period limitation may be extended for a | ||||||
4 | firefighter who is required, as a condition of employment, to | ||||||
5 | be a licensed paramedic, during which time the sole reason that | ||||||
6 | a firefighter may be discharged without a hearing is for | ||||||
7 | failing to meet the requirements for paramedic licensure. | ||||||
8 | In the event that any applicant who has been found eligible | ||||||
9 | for appointment and whose name has been placed upon the final | ||||||
10 | eligibility register provided for in this Section has not been | ||||||
11 | appointed to a firefighter position within one year after the | ||||||
12 | date of his or her physical ability examination, the commission | ||||||
13 | may cause a second examination to be made of that applicant's | ||||||
14 | physical ability prior to his or her appointment. If, after the | ||||||
15 | second examination, the physical ability of the applicant shall | ||||||
16 | be found to be less than the minimum standard fixed by the | ||||||
17 | rules of the commission, the applicant shall not be appointed. | ||||||
18 | The applicant's name may be retained upon the register of | ||||||
19 | candidates eligible for appointment and when next reached for | ||||||
20 | certification and appointment that applicant may be again | ||||||
21 | examined as provided in this Section, and if the physical | ||||||
22 | ability of that applicant is found to be less than the minimum | ||||||
23 | standard fixed by the rules of the commission, the applicant | ||||||
24 | shall not be appointed, and the name of the applicant shall be | ||||||
25 | removed from the register. | ||||||
26 | (d) Notice, examination, and testing components. Notice of |
| |||||||
| |||||||
1 | the time, place, general scope, merit criteria for any | ||||||
2 | subjective component, and fee of every examination shall be | ||||||
3 | given by the commission, by a publication at least 2 weeks | ||||||
4 | preceding the examination: (i) in one or more newspapers | ||||||
5 | published in the district, or if no newspaper is published | ||||||
6 | therein, then in one or more newspapers with a general | ||||||
7 | circulation within the district, or (ii) on the fire protection | ||||||
8 | district's Internet website. Additional notice of the | ||||||
9 | examination may be given as the commission shall prescribe. | ||||||
10 | The examination and qualifying standards for employment of | ||||||
11 | firefighters shall be based on: mental aptitude, physical | ||||||
12 | ability, preferences, moral character, and health. The mental | ||||||
13 | aptitude, physical ability, and preference components shall | ||||||
14 | determine an applicant's qualification for and placement on the | ||||||
15 | final register of eligibles. The examination may also include a | ||||||
16 | subjective component based on merit criteria as determined by | ||||||
17 | the commission. Scores from the examination must be made | ||||||
18 | available to the public. | ||||||
19 | (e) Mental aptitude. No person who does not possess at | ||||||
20 | least a high school diploma or an equivalent high school | ||||||
21 | education shall be placed on a register of eligibles. | ||||||
22 | Examination of an applicant's mental aptitude shall be based | ||||||
23 | upon a written examination. The examination shall be practical | ||||||
24 | in character and relate to those matters that fairly test the | ||||||
25 | capacity of the persons examined to discharge the duties | ||||||
26 | performed by members of a fire department. Written examinations |
| |||||||
| |||||||
1 | shall be administered in a manner that ensures the security and | ||||||
2 | accuracy of the scores achieved. | ||||||
3 | (f) Physical ability. All candidates shall be required to | ||||||
4 | undergo an examination of their physical ability to perform the | ||||||
5 | essential functions included in the duties they may be called | ||||||
6 | upon to perform as a member of a fire department. For the | ||||||
7 | purposes of this Section, essential functions of the job are | ||||||
8 | functions associated with duties that a firefighter may be | ||||||
9 | called upon to perform in response to emergency calls. The | ||||||
10 | frequency of the occurrence of those duties as part of the fire | ||||||
11 | department's regular routine shall not be a controlling factor | ||||||
12 | in the design of examination criteria or evolutions selected | ||||||
13 | for testing. These physical examinations shall be open, | ||||||
14 | competitive, and based on industry standards designed to test | ||||||
15 | each applicant's physical abilities in the following | ||||||
16 | dimensions: | ||||||
17 | (1) Muscular strength to perform tasks and evolutions | ||||||
18 | that may be required in the performance of duties including | ||||||
19 | grip strength, leg strength, and arm strength. Tests shall | ||||||
20 | be conducted under anaerobic as well as aerobic conditions | ||||||
21 | to test both the candidate's speed and endurance in | ||||||
22 | performing tasks and evolutions. Tasks tested may be based | ||||||
23 | on standards developed, or approved, by the local | ||||||
24 | appointing authority. | ||||||
25 | (2) The ability to climb ladders, operate from heights, | ||||||
26 | walk or crawl in the dark along narrow and uneven surfaces, |
| |||||||
| |||||||
1 | and operate in proximity to hazardous environments. | ||||||
2 | (3) The ability to carry out critical, time-sensitive, | ||||||
3 | and complex problem solving during physical exertion in | ||||||
4 | stressful and hazardous environments. The testing | ||||||
5 | environment may be hot and dark with tightly enclosed | ||||||
6 | spaces, flashing lights, sirens, and other distractions. | ||||||
7 | The tests utilized to measure each applicant's
| ||||||
8 | capabilities in each of these dimensions may be tests based on
| ||||||
9 | industry standards currently in use or equivalent tests | ||||||
10 | approved by the Joint Labor-Management Committee of the Office | ||||||
11 | of the State Fire Marshal. | ||||||
12 | Physical ability examinations administered under this | ||||||
13 | Section shall be conducted with a reasonable number of proctors | ||||||
14 | and monitors, open to the public, and subject to reasonable | ||||||
15 | regulations of the commission. | ||||||
16 | (g) Scoring of examination components. Appointing | ||||||
17 | authorities may create a preliminary eligibility register. A | ||||||
18 | person shall be placed on the list based upon his or her | ||||||
19 | passage of the written examination or the passage of the | ||||||
20 | written examination and the physical ability component. | ||||||
21 | Passage of the written examination means attaining the minimum | ||||||
22 | score set by the commission. Minimum scores should be set by | ||||||
23 | the appointing authorities so as to demonstrate a candidate's | ||||||
24 | ability to perform the essential functions of the job. The | ||||||
25 | minimum score set by the commission shall be supported by | ||||||
26 | appropriate validation evidence and shall comply with all |
| |||||||
| |||||||
1 | applicable State and federal laws. The appointing authority may | ||||||
2 | conduct the physical ability component and any subjective | ||||||
3 | components subsequent to the posting of the preliminary | ||||||
4 | eligibility register. | ||||||
5 | The examination components for an initial eligibility | ||||||
6 | register shall be graded on a 100-point scale. A person's | ||||||
7 | position on the list shall be determined by the following: (i)
| ||||||
8 | the person's score on the written examination, (ii) the person
| ||||||
9 | successfully passing the physical ability component, and (iii) | ||||||
10 | the
person's results on any subjective component as described | ||||||
11 | in
subsection (d). | ||||||
12 | In order to qualify for placement on the final eligibility | ||||||
13 | register, an applicant's score on the written examination, | ||||||
14 | before any applicable preference points or subjective points | ||||||
15 | are applied, shall be at or above the minimum score set by the | ||||||
16 | commission. The local appointing authority may prescribe the | ||||||
17 | score to qualify for placement on the final eligibility | ||||||
18 | register, but the score shall not be less than the minimum | ||||||
19 | score set by the commission. | ||||||
20 | The commission shall prepare and keep a register of persons | ||||||
21 | whose total score is not less than the minimum score for | ||||||
22 | passage and who have passed the physical ability examination. | ||||||
23 | These persons shall take rank upon the register as candidates | ||||||
24 | in the order of their relative excellence based on the highest | ||||||
25 | to the lowest total points scored on the mental aptitude, | ||||||
26 | subjective component, and preference components of the test |
| |||||||
| |||||||
1 | administered in accordance with this Section. No more than 60 | ||||||
2 | days after each examination, an initial eligibility list shall | ||||||
3 | be posted by the commission. The list shall include the final | ||||||
4 | grades of the candidates without reference to priority of the | ||||||
5 | time of examination and subject to claim for preference credit. | ||||||
6 | Commissions may conduct additional examinations, including | ||||||
7 | without limitation a polygraph test, after a final eligibility | ||||||
8 | register is established and before it expires with the | ||||||
9 | candidates ranked by total score without regard to date of | ||||||
10 | examination. No more than 60 days after each examination, an | ||||||
11 | initial eligibility list shall be posted by the commission | ||||||
12 | showing the final grades of the candidates without reference to | ||||||
13 | priority of time of examination and subject to claim for | ||||||
14 | preference credit. | ||||||
15 | (h) Preferences. The following are preferences: | ||||||
16 | (1) Veteran preference. Persons who were engaged in the | ||||||
17 | military service of the United States for a period of at | ||||||
18 | least one year of active duty and who were honorably | ||||||
19 | discharged therefrom, or who are now or have been members | ||||||
20 | on inactive or reserve duty in such military or naval | ||||||
21 | service, shall be preferred for appointment to and | ||||||
22 | employment with the fire department of an affected | ||||||
23 | department. | ||||||
24 | (2) Fire cadet preference. Persons who have | ||||||
25 | successfully completed 2 years of study in fire techniques | ||||||
26 | or cadet training within a cadet program established under |
| |||||||
| |||||||
1 | the rules of the Joint Labor and Management Committee | ||||||
2 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
3 | Promotion Act, may be preferred for appointment to and | ||||||
4 | employment with the fire department. | ||||||
5 | (3) Educational preference. Persons who have | ||||||
6 | successfully obtained an associate's degree in the field of | ||||||
7 | fire service or emergency medical services, or a bachelor's | ||||||
8 | degree from an accredited college or university may be | ||||||
9 | preferred for appointment to and employment with the fire | ||||||
10 | department. | ||||||
11 | (4) Paramedic preference. Persons who have obtained a | ||||||
12 | license as a paramedic may be preferred for appointment to | ||||||
13 | and employment with the fire department of an affected | ||||||
14 | department providing emergency medical services. | ||||||
15 | (5) Experience preference. All persons employed by a | ||||||
16 | district who have been paid-on-call or part-time certified | ||||||
17 | Firefighter II, certified Firefighter III, State of | ||||||
18 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
19 | paramedic, or any combination of those capacities may be | ||||||
20 | awarded up to a maximum of 5 points. However, the applicant | ||||||
21 | may not be awarded more than 0.5 points for each complete | ||||||
22 | year of paid-on-call or part-time service. Applicants from | ||||||
23 | outside the district who were employed as full-time | ||||||
24 | firefighters or firefighter-paramedics by a fire | ||||||
25 | protection district or municipality for at least 2 years | ||||||
26 | may be awarded up to 5 experience preference points. |
| |||||||
| |||||||
1 | However, the applicant may not be awarded more than one | ||||||
2 | point for each complete year of full-time service. | ||||||
3 | Upon request by the commission, the governing body of | ||||||
4 | the district or in the case of applicants from outside the | ||||||
5 | district the governing body of any other fire protection | ||||||
6 | district or any municipality shall certify to the | ||||||
7 | commission, within 10 days after the request, the number of | ||||||
8 | years of successful paid-on-call, part-time, or full-time | ||||||
9 | service of any person. A candidate may not receive the full | ||||||
10 | amount of preference points under this subsection if the | ||||||
11 | amount of points awarded would place the candidate before a | ||||||
12 | veteran on the eligibility list. If more than one candidate | ||||||
13 | receiving experience preference points is prevented from | ||||||
14 | receiving all of their points due to not being allowed to | ||||||
15 | pass a veteran, the candidates shall be placed on the list | ||||||
16 | below the veteran in rank order based on the totals | ||||||
17 | received if all points under this subsection were to be | ||||||
18 | awarded. Any remaining ties on the list shall be determined | ||||||
19 | by lot. | ||||||
20 | (6) Residency preference. Applicants whose principal | ||||||
21 | residence is located within the fire department's | ||||||
22 | jurisdiction may be preferred for appointment to and | ||||||
23 | employment with the fire department. | ||||||
24 | (7) Additional preferences. Up to 5 additional | ||||||
25 | preference points may be awarded for unique categories | ||||||
26 | based on an applicant's experience or background as |
| |||||||
| |||||||
1 | identified by the commission. | ||||||
2 | (8) Scoring of preferences. The
commission shall give | ||||||
3 | preference for original appointment
to persons designated | ||||||
4 | in item (1)
by adding to the final grade that they receive | ||||||
5 | 5 points
for the recognized preference achieved. The | ||||||
6 | commission shall determine the number of preference points | ||||||
7 | for each category except (1). The number of preference | ||||||
8 | points for each category shall range from 0 to 5. In | ||||||
9 | determining the number of preference points, the | ||||||
10 | commission shall prescribe that if a candidate earns the | ||||||
11 | maximum number of preference points in all categories, that | ||||||
12 | number may not be less than 10 nor more than 30. The | ||||||
13 | commission shall give preference for original appointment | ||||||
14 | to persons designated in items (2) through (7) by adding | ||||||
15 | the requisite number of points to the final grade for each | ||||||
16 | recognized preference achieved. The numerical result thus | ||||||
17 | attained shall be applied by the commission in determining | ||||||
18 | the final eligibility list and appointment from the | ||||||
19 | eligibility list. The local appointing authority may | ||||||
20 | prescribe the total number of preference points awarded | ||||||
21 | under this Section, but the total number of preference | ||||||
22 | points shall not be less than 10 points or more than 30 | ||||||
23 | points. | ||||||
24 | No person entitled to any preference shall be required to | ||||||
25 | claim the credit before any examination held under the | ||||||
26 | provisions of this Section, but the preference shall be given |
| |||||||
| |||||||
1 | after the posting or publication of the initial eligibility | ||||||
2 | list or register at the request of a person entitled to a | ||||||
3 | credit before any certification or appointments are made from | ||||||
4 | the eligibility register, upon the furnishing of verifiable | ||||||
5 | evidence and proof of qualifying preference credit. Candidates | ||||||
6 | who are eligible for preference credit shall make a claim in | ||||||
7 | writing within 10 days after the posting of the initial | ||||||
8 | eligibility list, or the claim shall be deemed waived. Final | ||||||
9 | eligibility registers shall be established after the awarding | ||||||
10 | of verified preference points. All employment shall be subject | ||||||
11 | to the commission's initial hire background review including, | ||||||
12 | but not limited to, criminal history, employment history, moral | ||||||
13 | character, oral examination, and medical and psychological | ||||||
14 | examinations, all on a pass-fail basis. The medical and | ||||||
15 | psychological examinations must be conducted last, and may only | ||||||
16 | be performed after a conditional offer of employment has been | ||||||
17 | extended. | ||||||
18 | Any person placed on an eligibility list who exceeds the | ||||||
19 | age requirement before being appointed to a fire department | ||||||
20 | shall remain eligible for appointment until the list is | ||||||
21 | abolished, or his or her name has been on the list for a period | ||||||
22 | of 2 years. No person who has attained the age of 35 years | ||||||
23 | shall be inducted into a fire department, except as otherwise | ||||||
24 | provided in this Section. | ||||||
25 | The commission shall strike off the names of candidates for | ||||||
26 | original appointment after the names have been on the list for |
| |||||||
| |||||||
1 | more than 2 years. | ||||||
2 | (i) Moral character. No person shall be appointed to a fire | ||||||
3 | department unless he or she is a person of good character; not | ||||||
4 | a habitual drunkard, a gambler, or a person who has been | ||||||
5 | convicted of a felony or a crime involving moral turpitude. | ||||||
6 | However, no person shall be disqualified from appointment to | ||||||
7 | the fire department because of the person's record of | ||||||
8 | misdemeanor convictions except those under Sections 11-6, | ||||||
9 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
10 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
11 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
12 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
13 | Criminal Code of 2012, or arrest for any cause without | ||||||
14 | conviction thereon. Any such person who is in the department | ||||||
15 | may be removed on charges brought for violating this subsection | ||||||
16 | and after a trial as hereinafter provided. | ||||||
17 | A classifiable set of the fingerprints of every person who | ||||||
18 | is offered employment as a certificated member of an affected | ||||||
19 | fire department whether with or without compensation, shall be | ||||||
20 | furnished to the Illinois Department of State Police and to the | ||||||
21 | Federal Bureau of Investigation by the commission. | ||||||
22 | Whenever a commission is authorized or required by law to | ||||||
23 | consider some aspect of criminal history record information for | ||||||
24 | the purpose of carrying out its statutory powers and | ||||||
25 | responsibilities, then, upon request and payment of fees in | ||||||
26 | conformance with the requirements of Section 2605-400 of the |
| |||||||
| |||||||
1 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
2 | the Department of State Police is authorized to furnish, | ||||||
3 | pursuant to positive identification, the information contained | ||||||
4 | in State files as is necessary to fulfill the request. | ||||||
5 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
6 | of public business, to meet extraordinary exigencies, or to | ||||||
7 | prevent material impairment of the fire department, the | ||||||
8 | commission may make temporary appointments, to remain in force | ||||||
9 | only until regular appointments are made under the provisions | ||||||
10 | of this Section, but never to exceed 60 days. No temporary | ||||||
11 | appointment of any one person shall be made more than twice in | ||||||
12 | any calendar year. | ||||||
13 | (k) A person who knowingly divulges or receives test | ||||||
14 | questions or answers before a written examination, or otherwise | ||||||
15 | knowingly violates or subverts any requirement of this Section, | ||||||
16 | commits a violation of this Section and may be subject to | ||||||
17 | charges for official misconduct. | ||||||
18 | A person who is the knowing recipient of test information | ||||||
19 | in advance of the examination shall be disqualified from the | ||||||
20 | examination or discharged from the position to which he or she | ||||||
21 | was appointed, as applicable, and otherwise subjected to | ||||||
22 | disciplinary actions.
| ||||||
23 | (Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14; | ||||||
24 | 98-995, eff. 8-18-14; 99-78, eff. 7-20-15.)
| ||||||
25 | Section 99. Effective date. This Act takes effect upon | ||||||
26 | becoming law.
|