Bill Text: IL HB2476 | 2025-2026 | 104th General Assembly | Introduced
Bill Title: Amends the Municipal Code and the Fire Protection District Act. Provides that no person under the age of 18 (rather than 21) shall be eligible for employment as a firefighter.
Sponsorship: Partisan Bill (Democrat 1)
Status: (Introduced - Dead) 2025-03-21 - Rule 19(a) / Re-referred to Rules Committee [HB2476 Detail]
Download: Illinois-2025-HB2476-Introduced.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, | |||||||||||||||||||||||
| 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 and 10-2.1-6.3 as follows:
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| 6 | (65 ILCS 5/10-1-7.1) | |||||||||||||||||||||||
| 7 | Sec. 10-1-7.1. Original appointments; full-time fire | |||||||||||||||||||||||
| 8 | department. | |||||||||||||||||||||||
| 9 | (a) Applicability. Unless a commission elects to follow | |||||||||||||||||||||||
| 10 | the provisions of Section 10-1-7.2, this Section shall apply | |||||||||||||||||||||||
| 11 | to all original appointments to an affected full-time fire | |||||||||||||||||||||||
| 12 | department. Existing registers of eligibles shall continue to | |||||||||||||||||||||||
| 13 | be valid until their expiration dates, or up to a maximum of 2 | |||||||||||||||||||||||
| 14 | years after August 4, 2011 (the effective date of Public Act | |||||||||||||||||||||||
| 15 | 97-251). | |||||||||||||||||||||||
| 16 | Notwithstanding any statute, ordinance, rule, or other law | |||||||||||||||||||||||
| 17 | to the contrary, all original appointments to an affected | |||||||||||||||||||||||
| 18 | department to which this Section applies shall be administered | |||||||||||||||||||||||
| 19 | in the manner provided for in this Section. Provisions of the | |||||||||||||||||||||||
| 20 | Illinois Municipal Code, municipal ordinances, and rules | |||||||||||||||||||||||
| 21 | adopted pursuant to such authority and other laws relating to | |||||||||||||||||||||||
| 22 | initial hiring of firefighters in affected departments shall | |||||||||||||||||||||||
| 23 | continue to apply to the extent they are compatible with this | |||||||||||||||||||||||
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| 1 | Section, but in the event of a conflict between this Section | ||||||
| 2 | and any other law, this Section shall control. | ||||||
| 3 | A home rule or non-home rule municipality may not | ||||||
| 4 | administer its fire department process for original | ||||||
| 5 | appointments in a manner that is less stringent than this | ||||||
| 6 | Section. This Section is a limitation under subsection (i) of | ||||||
| 7 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 8 | concurrent exercise by home rule units of the powers and | ||||||
| 9 | functions exercised by the State. | ||||||
| 10 | A municipality that is operating under a court order or | ||||||
| 11 | consent decree regarding original appointments to a full-time | ||||||
| 12 | fire department before August 4, 2011 (the effective date of | ||||||
| 13 | Public Act 97-251) is exempt from the requirements of this | ||||||
| 14 | Section for the duration of the court order or consent decree. | ||||||
| 15 | Notwithstanding any other provision of this subsection | ||||||
| 16 | (a), this Section does not apply to a municipality with more | ||||||
| 17 | than 1,000,000 inhabitants. | ||||||
| 18 | (b) Original appointments. All original appointments made | ||||||
| 19 | to an affected fire department shall be made from a register of | ||||||
| 20 | eligibles established in accordance with the processes | ||||||
| 21 | established by this Section. Only persons who meet or exceed | ||||||
| 22 | the performance standards required by this Section shall be | ||||||
| 23 | placed on a register of eligibles for original appointment to | ||||||
| 24 | an affected fire department. | ||||||
| 25 | Whenever an appointing authority authorizes action to hire | ||||||
| 26 | a person to perform the duties of a firefighter or to hire a | ||||||
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| 1 | firefighter-paramedic to fill a position that is a new | ||||||
| 2 | position or vacancy due to resignation, discharge, promotion, | ||||||
| 3 | death, the granting of a disability or retirement pension, or | ||||||
| 4 | any other cause, the appointing authority shall appoint to | ||||||
| 5 | that position the person with the highest ranking on the final | ||||||
| 6 | eligibility list. If the appointing authority has reason to | ||||||
| 7 | conclude that the highest ranked person fails to meet the | ||||||
| 8 | minimum standards for the position or if the appointing | ||||||
| 9 | authority believes an alternate candidate would better serve | ||||||
| 10 | the needs of the department, then the appointing authority has | ||||||
| 11 | the right to pass over the highest ranked person and appoint | ||||||
| 12 | either: (i) any person who has a ranking in the top 5% of the | ||||||
| 13 | register of eligibles or (ii) any person who is among the top 5 | ||||||
| 14 | highest ranked persons on the list of eligibles if the number | ||||||
| 15 | of people who have a ranking in the top 5% of the register of | ||||||
| 16 | eligibles is less than 5 people. | ||||||
| 17 | Any candidate may pass on an appointment once without | ||||||
| 18 | losing his or her position on the register of eligibles. Any | ||||||
| 19 | candidate who passes a second time may be removed from the list | ||||||
| 20 | by the appointing authority provided that such action shall | ||||||
| 21 | not prejudice a person's opportunities to participate in | ||||||
| 22 | future examinations, including an examination held during the | ||||||
| 23 | time a candidate is already on the municipality's register of | ||||||
| 24 | eligibles. | ||||||
| 25 | The sole authority to issue certificates of appointment | ||||||
| 26 | shall be vested in the Civil Service Commission. All | ||||||
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| 1 | certificates of appointment issued to any officer or member of | ||||||
| 2 | an affected department shall be signed by the chairperson and | ||||||
| 3 | secretary, respectively, of the commission upon appointment of | ||||||
| 4 | such officer or member to the affected department by the | ||||||
| 5 | commission. After being selected from the register of | ||||||
| 6 | eligibles to fill a vacancy in the affected department, each | ||||||
| 7 | appointee shall be presented with his or her certificate of | ||||||
| 8 | appointment on the day on which he or she is sworn in as a | ||||||
| 9 | classified member of the affected department. Firefighters who | ||||||
| 10 | were not issued a certificate of appointment when originally | ||||||
| 11 | appointed shall be provided with a certificate within 10 days | ||||||
| 12 | after making a written request to the chairperson of the Civil | ||||||
| 13 | Service Commission. Each person who accepts a certificate of | ||||||
| 14 | appointment and successfully completes his or her probationary | ||||||
| 15 | period shall be enrolled as a firefighter and as a regular | ||||||
| 16 | member of the fire department. | ||||||
| 17 | For the purposes of this Section, "firefighter" means any | ||||||
| 18 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 19 | effective date of Public Act 97-251) appointed to a fire | ||||||
| 20 | department or fire protection district or employed by a State | ||||||
| 21 | university and sworn or commissioned to perform firefighter | ||||||
| 22 | duties or paramedic duties, or both, except that the following | ||||||
| 23 | persons are not included: part-time firefighters; auxiliary, | ||||||
| 24 | reserve, or voluntary firefighters, including paid-on-call | ||||||
| 25 | firefighters; clerks and dispatchers or other civilian | ||||||
| 26 | employees of a fire department or fire protection district who | ||||||
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| 1 | are not routinely expected to perform firefighter duties; and | ||||||
| 2 | elected officials. | ||||||
| 3 | (c) Qualification for placement on register of eligibles. | ||||||
| 4 | The purpose of establishing a register of eligibles is to | ||||||
| 5 | identify applicants who possess and demonstrate the mental | ||||||
| 6 | aptitude and physical ability to perform the duties required | ||||||
| 7 | of members of the fire department in order to provide the | ||||||
| 8 | highest quality of service to the public. To this end, all | ||||||
| 9 | applicants for original appointment to an affected fire | ||||||
| 10 | department shall be subject to examination and testing which | ||||||
| 11 | shall be public, competitive, and open to all applicants | ||||||
| 12 | unless the municipality shall by ordinance limit applicants to | ||||||
| 13 | residents of the municipality, county or counties in which the | ||||||
| 14 | municipality is located, State, or nation. Any examination and | ||||||
| 15 | testing procedure utilized under subsection (e) of this | ||||||
| 16 | Section shall be supported by appropriate validation evidence | ||||||
| 17 | and shall comply with all applicable State and federal laws. | ||||||
| 18 | Municipalities may establish educational, emergency medical | ||||||
| 19 | service licensure, and other prerequisites for participation | ||||||
| 20 | in an examination or for hire as a firefighter. Any | ||||||
| 21 | municipality may charge a fee to cover the costs of the | ||||||
| 22 | application process. | ||||||
| 23 | Residency requirements in effect at the time an individual | ||||||
| 24 | enters the fire service of a municipality cannot be made more | ||||||
| 25 | restrictive for that individual during his or her period of | ||||||
| 26 | service for that municipality, or be made a condition of | ||||||
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| 1 | promotion, except for the rank or position of fire chief and | ||||||
| 2 | for no more than 2 positions that rank immediately below that | ||||||
| 3 | of the chief rank which are appointed positions pursuant to | ||||||
| 4 | the Fire Department Promotion Act. | ||||||
| 5 | No person who is 35 years of age or older shall be eligible | ||||||
| 6 | to take an examination for a position as a firefighter unless | ||||||
| 7 | the person has had previous employment status as a firefighter | ||||||
| 8 | in the regularly constituted fire department of the | ||||||
| 9 | municipality, except as provided in this Section. The age | ||||||
| 10 | limitation does not apply to: | ||||||
| 11 | (1) any person previously employed as a full-time | ||||||
| 12 | firefighter in a regularly constituted fire department of | ||||||
| 13 | (i) any municipality or fire protection district located | ||||||
| 14 | in Illinois, (ii) a fire protection district whose | ||||||
| 15 | obligations were assumed by a municipality under Section | ||||||
| 16 | 21 of the Fire Protection District Act, or (iii) a | ||||||
| 17 | municipality whose obligations were taken over by a fire | ||||||
| 18 | protection district, | ||||||
| 19 | (2) any person who has served a municipality as a | ||||||
| 20 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 21 | firefighter, or | ||||||
| 22 | (3) any person who turned 35 while serving as a member | ||||||
| 23 | of the active or reserve components of any of the branches | ||||||
| 24 | of the Armed Forces of the United States or the National | ||||||
| 25 | Guard of any state, whose service was characterized as | ||||||
| 26 | honorable or under honorable, if separated from the | ||||||
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| 1 | military, and is currently under the age of 40. | ||||||
| 2 | No person who is under 18 21 years of age shall be eligible | ||||||
| 3 | for employment as a firefighter. | ||||||
| 4 | No applicant shall be examined concerning his or her | ||||||
| 5 | political or religious opinions or affiliations. The | ||||||
| 6 | examinations shall be conducted by the commissioners of the | ||||||
| 7 | municipality or their designees and agents. | ||||||
| 8 | No municipality shall require that any firefighter | ||||||
| 9 | appointed to the lowest rank serve a probationary employment | ||||||
| 10 | period of longer than one year of actual active employment, | ||||||
| 11 | which may exclude periods of training, or injury or illness | ||||||
| 12 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 13 | days. Notwithstanding anything to the contrary in this | ||||||
| 14 | Section, the probationary employment period limitation may be | ||||||
| 15 | extended for a firefighter who is required, as a condition of | ||||||
| 16 | employment, to be a licensed paramedic, during which time the | ||||||
| 17 | sole reason that a firefighter may be discharged without a | ||||||
| 18 | hearing is for failing to meet the requirements for paramedic | ||||||
| 19 | licensure. | ||||||
| 20 | In the event that any applicant who has been found | ||||||
| 21 | eligible for appointment and whose name has been placed upon | ||||||
| 22 | the final eligibility register provided for in this Division 1 | ||||||
| 23 | has not been appointed to a firefighter position within one | ||||||
| 24 | year after the date of his or her physical ability | ||||||
| 25 | examination, the commission may cause a second examination to | ||||||
| 26 | be made of that applicant's physical ability prior to his or | ||||||
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| 1 | her appointment. If, after the second examination, the | ||||||
| 2 | physical ability of the applicant shall be found to be less | ||||||
| 3 | than the minimum standard fixed by the rules of the | ||||||
| 4 | commission, the applicant shall not be appointed. The | ||||||
| 5 | applicant's name may be retained upon the register of | ||||||
| 6 | candidates eligible for appointment and when next reached for | ||||||
| 7 | certification and appointment that applicant may be again | ||||||
| 8 | examined as provided in this Section, and if the physical | ||||||
| 9 | ability of that applicant is found to be less than the minimum | ||||||
| 10 | standard fixed by the rules of the commission, the applicant | ||||||
| 11 | shall not be appointed, and the name of the applicant shall be | ||||||
| 12 | removed from the register. | ||||||
| 13 | (d) Notice, examination, and testing components. Notice of | ||||||
| 14 | the time, place, general scope, merit criteria for any | ||||||
| 15 | subjective component, and fee of every examination shall be | ||||||
| 16 | given by the commission, by a publication at least 2 weeks | ||||||
| 17 | preceding the examination: (i) in one or more newspapers | ||||||
| 18 | published in the municipality, or if no newspaper is published | ||||||
| 19 | therein, then in one or more newspapers with a general | ||||||
| 20 | circulation within the municipality, or (ii) on the | ||||||
| 21 | municipality's Internet website. Additional notice of the | ||||||
| 22 | examination may be given as the commission shall prescribe. | ||||||
| 23 | The examination and qualifying standards for employment of | ||||||
| 24 | firefighters shall be based on: mental aptitude, physical | ||||||
| 25 | ability, preferences, moral character, and health. The mental | ||||||
| 26 | aptitude, physical ability, and preference components shall | ||||||
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| 1 | determine an applicant's qualification for and placement on | ||||||
| 2 | the final register of eligibles. The examination may also | ||||||
| 3 | include a subjective component based on merit criteria as | ||||||
| 4 | determined by the commission. Scores from the examination must | ||||||
| 5 | be made available to the public. | ||||||
| 6 | (e) Mental aptitude. No person who does not possess at | ||||||
| 7 | least a high school diploma or an equivalent high school | ||||||
| 8 | education shall be placed on a register of eligibles. | ||||||
| 9 | Examination of an applicant's mental aptitude shall be based | ||||||
| 10 | upon a written examination. The examination shall be practical | ||||||
| 11 | in character and relate to those matters that fairly test the | ||||||
| 12 | capacity of the persons examined to discharge the duties | ||||||
| 13 | performed by members of a fire department. Written | ||||||
| 14 | examinations shall be administered in a manner that ensures | ||||||
| 15 | the security and accuracy of the scores achieved. | ||||||
| 16 | (f) Physical ability. All candidates shall be required to | ||||||
| 17 | undergo an examination of their physical ability to perform | ||||||
| 18 | the essential functions included in the duties they may be | ||||||
| 19 | called upon to perform as a member of a fire department. For | ||||||
| 20 | the purposes of this Section, essential functions of the job | ||||||
| 21 | are functions associated with duties that a firefighter may be | ||||||
| 22 | called upon to perform in response to emergency calls. The | ||||||
| 23 | frequency of the occurrence of those duties as part of the fire | ||||||
| 24 | department's regular routine shall not be a controlling factor | ||||||
| 25 | in the design of examination criteria or evolutions selected | ||||||
| 26 | for testing. These physical examinations shall be open, | ||||||
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| 1 | competitive, and based on industry standards designed to test | ||||||
| 2 | each applicant's physical abilities in the following | ||||||
| 3 | dimensions: | ||||||
| 4 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 5 | that may be required in the performance of duties | ||||||
| 6 | including grip strength, leg strength, and arm strength. | ||||||
| 7 | Tests shall be conducted under anaerobic as well as | ||||||
| 8 | aerobic conditions to test both the candidate's speed and | ||||||
| 9 | endurance in performing tasks and evolutions. Tasks tested | ||||||
| 10 | may be based on standards developed, or approved, by the | ||||||
| 11 | local appointing authority. | ||||||
| 12 | (2) The ability to climb ladders, operate from | ||||||
| 13 | heights, walk or crawl in the dark along narrow and uneven | ||||||
| 14 | surfaces, and operate in proximity to hazardous | ||||||
| 15 | environments. | ||||||
| 16 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 17 | and complex problem solving during physical exertion in | ||||||
| 18 | stressful and hazardous environments. The testing | ||||||
| 19 | environment may be hot and dark with tightly enclosed | ||||||
| 20 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 21 | The tests utilized to measure each applicant's | ||||||
| 22 | capabilities in each of these dimensions may be tests based on | ||||||
| 23 | industry standards currently in use or equivalent tests | ||||||
| 24 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 25 | of the State Fire Marshal. | ||||||
| 26 | Physical ability examinations administered under this | ||||||
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| 1 | Section shall be conducted with a reasonable number of | ||||||
| 2 | proctors and monitors, open to the public, and subject to | ||||||
| 3 | reasonable regulations of the commission. | ||||||
| 4 | (g) Scoring of examination components. Appointing | ||||||
| 5 | authorities may create a preliminary eligibility register. A | ||||||
| 6 | person shall be placed on the list based upon his or her | ||||||
| 7 | passage of the written examination or the passage of the | ||||||
| 8 | written examination and the physical ability component. | ||||||
| 9 | Passage of the written examination means attaining the minimum | ||||||
| 10 | score set by the commission. Minimum scores should be set by | ||||||
| 11 | the commission so as to demonstrate a candidate's ability to | ||||||
| 12 | perform the essential functions of the job. The minimum score | ||||||
| 13 | set by the commission shall be supported by appropriate | ||||||
| 14 | validation evidence and shall comply with all applicable State | ||||||
| 15 | and federal laws. The appointing authority may conduct the | ||||||
| 16 | physical ability component and any subjective components | ||||||
| 17 | subsequent to the posting of the preliminary eligibility | ||||||
| 18 | register. | ||||||
| 19 | The examination components for an initial eligibility | ||||||
| 20 | register shall be graded on a 100-point scale. A person's | ||||||
| 21 | position on the list shall be determined by the following: (i) | ||||||
| 22 | the person's score on the written examination, (ii) the person | ||||||
| 23 | successfully passing the physical ability component, and (iii) | ||||||
| 24 | the person's results on any subjective component as described | ||||||
| 25 | in subsection (d). | ||||||
| 26 | In order to qualify for placement on the final eligibility | ||||||
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| 1 | register, an applicant's score on the written examination, | ||||||
| 2 | before any applicable preference points or subjective points | ||||||
| 3 | are applied, shall be at or above the minimum score set by the | ||||||
| 4 | commission. The local appointing authority may prescribe the | ||||||
| 5 | score to qualify for placement on the final eligibility | ||||||
| 6 | register, but the score shall not be less than the minimum | ||||||
| 7 | score set by the commission. | ||||||
| 8 | The commission shall prepare and keep a register of | ||||||
| 9 | persons whose total score is not less than the minimum score | ||||||
| 10 | for passage and who have passed the physical ability | ||||||
| 11 | examination. These persons shall take rank upon the register | ||||||
| 12 | as candidates in the order of their relative excellence based | ||||||
| 13 | on the highest to the lowest total points scored on the mental | ||||||
| 14 | aptitude, subjective component, and preference components of | ||||||
| 15 | the test administered in accordance with this Section. No more | ||||||
| 16 | than 60 days after each examination, an initial eligibility | ||||||
| 17 | list shall be posted by the commission. The list shall include | ||||||
| 18 | the final grades of the candidates without reference to | ||||||
| 19 | priority of the time of examination and subject to claim for | ||||||
| 20 | preference credit. | ||||||
| 21 | Commissions may conduct additional examinations, including | ||||||
| 22 | without limitation a polygraph test, after a final eligibility | ||||||
| 23 | register is established and before it expires with the | ||||||
| 24 | candidates ranked by total score without regard to date of | ||||||
| 25 | examination. No more than 60 days after each examination, an | ||||||
| 26 | initial eligibility list shall be posted by the commission | ||||||
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| 1 | showing the final grades of the candidates without reference | ||||||
| 2 | to priority of time of examination and subject to claim for | ||||||
| 3 | preference credit. | ||||||
| 4 | (h) Preferences. The following are preferences: | ||||||
| 5 | (1) Veteran preference. Persons who were engaged in | ||||||
| 6 | the military service of the United States for a period of | ||||||
| 7 | at least one year of active duty and who were honorably | ||||||
| 8 | discharged therefrom, or who are now or have been members | ||||||
| 9 | on inactive or reserve duty in such military or naval | ||||||
| 10 | service, shall be preferred for appointment to and | ||||||
| 11 | employment with the fire department of an affected | ||||||
| 12 | department. | ||||||
| 13 | (2) Fire cadet preference. Persons who have | ||||||
| 14 | successfully completed 2 years of study in fire techniques | ||||||
| 15 | or cadet training within a cadet program established under | ||||||
| 16 | the rules of the Joint Labor and Management Committee | ||||||
| 17 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 18 | Promotion Act, may be preferred for appointment to and | ||||||
| 19 | employment with the fire department. | ||||||
| 20 | (3) Educational preference. Persons who have | ||||||
| 21 | successfully obtained an associate's degree in the field | ||||||
| 22 | of fire service or emergency medical services, or a | ||||||
| 23 | bachelor's degree from an accredited college or university | ||||||
| 24 | may be preferred for appointment to and employment with | ||||||
| 25 | the fire department. | ||||||
| 26 | (4) Paramedic preference. Persons who have obtained a | ||||||
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| 1 | license as a paramedic may be preferred for appointment to | ||||||
| 2 | and employment with the fire department of an affected | ||||||
| 3 | department providing emergency medical services. | ||||||
| 4 | (5) Experience preference. All persons employed by a | ||||||
| 5 | municipality who have been paid-on-call or part-time | ||||||
| 6 | certified Firefighter II, certified Firefighter III, State | ||||||
| 7 | of Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
| 8 | paramedic, or any combination of those capacities may be | ||||||
| 9 | awarded up to a maximum of 5 points. However, the | ||||||
| 10 | applicant may not be awarded more than 0.5 points for each | ||||||
| 11 | complete year of paid-on-call or part-time service. | ||||||
| 12 | Applicants from outside the municipality who were employed | ||||||
| 13 | as full-time firefighters or firefighter-paramedics by a | ||||||
| 14 | fire protection district or another municipality may be | ||||||
| 15 | awarded up to 5 experience preference points. However, the | ||||||
| 16 | applicant may not be awarded more than one point for each | ||||||
| 17 | complete year of full-time service. | ||||||
| 18 | Upon request by the commission, the governing body of | ||||||
| 19 | the municipality or in the case of applicants from outside | ||||||
| 20 | the municipality the governing body of any fire protection | ||||||
| 21 | district or any other municipality shall certify to the | ||||||
| 22 | commission, within 10 days after the request, the number | ||||||
| 23 | of years of successful paid-on-call, part-time, or | ||||||
| 24 | full-time service of any person. A candidate may not | ||||||
| 25 | receive the full amount of preference points under this | ||||||
| 26 | subsection if the amount of points awarded would place the | ||||||
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| 1 | candidate before a veteran on the eligibility list. If | ||||||
| 2 | more than one candidate receiving experience preference | ||||||
| 3 | points is prevented from receiving all of their points due | ||||||
| 4 | to not being allowed to pass a veteran, the candidates | ||||||
| 5 | shall be placed on the list below the veteran in rank order | ||||||
| 6 | based on the totals received if all points under this | ||||||
| 7 | subsection were to be awarded. Any remaining ties on the | ||||||
| 8 | list shall be determined by lot. | ||||||
| 9 | (6) Residency preference. Applicants whose principal | ||||||
| 10 | residence is located within the fire department's | ||||||
| 11 | jurisdiction may be preferred for appointment to and | ||||||
| 12 | employment with the fire department. | ||||||
| 13 | (7) Additional preferences. Up to 5 additional | ||||||
| 14 | preference points may be awarded for unique categories | ||||||
| 15 | based on an applicant's experience or background as | ||||||
| 16 | identified by the commission. | ||||||
| 17 | (7.5) Apprentice preferences. A person who has | ||||||
| 18 | performed fire suppression service for a department as a | ||||||
| 19 | firefighter apprentice and otherwise meets the | ||||||
| 20 | qualifications for original appointment as a firefighter | ||||||
| 21 | specified in this Section may be awarded up to 20 | ||||||
| 22 | preference points. To qualify for preference points, an | ||||||
| 23 | applicant shall have completed a minimum of 600 hours of | ||||||
| 24 | fire suppression work on a regular shift for the affected | ||||||
| 25 | fire department over a 12-month period. The fire | ||||||
| 26 | suppression work must be in accordance with Section | ||||||
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| 1 | 10-1-14 of this Division and the terms established by a | ||||||
| 2 | Joint Apprenticeship Committee included in a collective | ||||||
| 3 | bargaining agreement agreed between the employer and its | ||||||
| 4 | certified bargaining agent. An eligible applicant must | ||||||
| 5 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 6 | points under this item. The Joint Apprenticeship Committee | ||||||
| 7 | shall evaluate the merit of the applicant's performance, | ||||||
| 8 | determine the preference points to be awarded, and certify | ||||||
| 9 | the amount of points awarded to the commissioners. The | ||||||
| 10 | commissioners may add the certified preference points to | ||||||
| 11 | the final grades achieved by the applicant on the other | ||||||
| 12 | components of the examination. | ||||||
| 13 | (8) Scoring of preferences. The commission shall give | ||||||
| 14 | preference for original appointment to persons designated | ||||||
| 15 | in item (1) by adding to the final grade that they receive | ||||||
| 16 | 5 points for the recognized preference achieved. The | ||||||
| 17 | commission may give preference for original appointment to | ||||||
| 18 | persons designated in item (7.5) by adding to the final | ||||||
| 19 | grade the amount of points designated by the Joint | ||||||
| 20 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 21 | commission shall determine the number of preference points | ||||||
| 22 | for each category, except items (1) and (7.5). The number | ||||||
| 23 | of preference points for each category shall range from 0 | ||||||
| 24 | to 5, except item (7.5). In determining the number of | ||||||
| 25 | preference points, the commission shall prescribe that if | ||||||
| 26 | a candidate earns the maximum number of preference points | ||||||
| |||||||
| |||||||
| 1 | in all categories except item (7.5), that number may not | ||||||
| 2 | be less than 10 nor more than 30. The commission shall give | ||||||
| 3 | preference for original appointment to persons designated | ||||||
| 4 | in items (2) through (7) by adding the requisite number of | ||||||
| 5 | points to the final grade for each recognized preference | ||||||
| 6 | achieved. The numerical result thus attained shall be | ||||||
| 7 | applied by the commission in determining the final | ||||||
| 8 | eligibility list and appointment from the eligibility | ||||||
| 9 | list. The local appointing authority may prescribe the | ||||||
| 10 | total number of preference points awarded under this | ||||||
| 11 | Section, but the total number of preference points, except | ||||||
| 12 | item (7.5), shall not be less than 10 points or more than | ||||||
| 13 | 30 points. Apprentice preference points may be added in | ||||||
| 14 | addition to other preference points awarded by the | ||||||
| 15 | commission. | ||||||
| 16 | No person entitled to any preference shall be required to | ||||||
| 17 | claim the credit before any examination held under the | ||||||
| 18 | provisions of this Section, but the preference shall be given | ||||||
| 19 | after the posting or publication of the initial eligibility | ||||||
| 20 | list or register at the request of a person entitled to a | ||||||
| 21 | credit before any certification or appointments are made from | ||||||
| 22 | the eligibility register, upon the furnishing of verifiable | ||||||
| 23 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 24 | who are eligible for preference credit shall make a claim in | ||||||
| 25 | writing within 10 days after the posting of the initial | ||||||
| 26 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| |||||||
| |||||||
| 1 | eligibility registers shall be established after the awarding | ||||||
| 2 | of verified preference points. However, apprentice preference | ||||||
| 3 | credit earned subsequent to the establishment of the final | ||||||
| 4 | eligibility register may be applied to the applicant's score | ||||||
| 5 | upon certification by the Joint Apprenticeship Committee to | ||||||
| 6 | the commission and the rank order of candidates on the final | ||||||
| 7 | eligibility register shall be adjusted accordingly. All | ||||||
| 8 | employment shall be subject to the commission's initial hire | ||||||
| 9 | background review, including, but not limited to, criminal | ||||||
| 10 | history, employment history, moral character, oral | ||||||
| 11 | examination, and medical and psychological examinations, all | ||||||
| 12 | on a pass-fail basis. The medical and psychological | ||||||
| 13 | examinations must be conducted last, and may only be performed | ||||||
| 14 | after a conditional offer of employment has been extended. | ||||||
| 15 | Any person placed on an eligibility list who exceeds the | ||||||
| 16 | age requirement before being appointed to a fire department | ||||||
| 17 | shall remain eligible for appointment until the list is | ||||||
| 18 | abolished, or his or her name has been on the list for a period | ||||||
| 19 | of 2 years. No person who has attained the age of 35 years | ||||||
| 20 | shall be inducted into a fire department, except as otherwise | ||||||
| 21 | provided in this Section. | ||||||
| 22 | The commission shall strike off the names of candidates | ||||||
| 23 | for original appointment after the names have been on the list | ||||||
| 24 | for more than 2 years. | ||||||
| 25 | (i) Moral character. No person shall be appointed to a | ||||||
| 26 | fire department unless he or she is a person of good character; | ||||||
| |||||||
| |||||||
| 1 | not a habitual drunkard, a gambler, or a person who has been | ||||||
| 2 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 3 | However, no person shall be disqualified from appointment to | ||||||
| 4 | the fire department because of the person's record of | ||||||
| 5 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 6 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 7 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 8 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
| 9 | (1), (6), and (8) of subsection (a) of Section 24-1 of the | ||||||
| 10 | Criminal Code of 1961 or the Criminal Code of 2012, or arrest | ||||||
| 11 | for any cause without conviction thereon. Any such person who | ||||||
| 12 | is in the department may be removed on charges brought for | ||||||
| 13 | violating this subsection and after a trial as hereinafter | ||||||
| 14 | provided. | ||||||
| 15 | A classifiable set of the fingerprints of every person who | ||||||
| 16 | is offered employment as a certificated member of an affected | ||||||
| 17 | fire department whether with or without compensation, shall be | ||||||
| 18 | furnished to the Illinois State Police and to the Federal | ||||||
| 19 | Bureau of Investigation by the commission. | ||||||
| 20 | Whenever a commission is authorized or required by law to | ||||||
| 21 | consider some aspect of criminal history record information | ||||||
| 22 | for the purpose of carrying out its statutory powers and | ||||||
| 23 | responsibilities, then, upon request and payment of fees in | ||||||
| 24 | conformance with the requirements of Section 2605-400 of the | ||||||
| 25 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| 26 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
| |||||||
| |||||||
| 1 | pursuant to positive identification, the information contained | ||||||
| 2 | in State files as is necessary to fulfill the request. | ||||||
| 3 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 4 | of public business, to meet extraordinary exigencies, or to | ||||||
| 5 | prevent material impairment of the fire department, the | ||||||
| 6 | commission may make temporary appointments, to remain in force | ||||||
| 7 | only until regular appointments are made under the provisions | ||||||
| 8 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 9 | appointment of any one person shall be made more than twice in | ||||||
| 10 | any calendar year. | ||||||
| 11 | (k) A person who knowingly divulges or receives test | ||||||
| 12 | questions or answers before a written examination, or | ||||||
| 13 | otherwise knowingly violates or subverts any requirement of | ||||||
| 14 | this Section, commits a violation of this Section and may be | ||||||
| 15 | subject to charges for official misconduct. | ||||||
| 16 | A person who is the knowing recipient of test information | ||||||
| 17 | in advance of the examination shall be disqualified from the | ||||||
| 18 | examination or discharged from the position to which he or she | ||||||
| 19 | was appointed, as applicable, and otherwise subjected to | ||||||
| 20 | disciplinary actions. | ||||||
| 21 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; | ||||||
| 22 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
| 23 | 5-13-22.)
| ||||||
| 24 | (65 ILCS 5/10-2.1-6.3) | ||||||
| 25 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
| |||||||
| |||||||
| 1 | department. | ||||||
| 2 | (a) Applicability. Unless a commission elects to follow | ||||||
| 3 | the provisions of Section 10-2.1-6.4, this Section shall apply | ||||||
| 4 | to all original appointments to an affected full-time fire | ||||||
| 5 | department. Existing registers of eligibles shall continue to | ||||||
| 6 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 7 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 8 | 97-251). | ||||||
| 9 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 10 | to the contrary, all original appointments to an affected | ||||||
| 11 | department to which this Section applies shall be administered | ||||||
| 12 | in the manner provided for in this Section. Provisions of the | ||||||
| 13 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
| 14 | adopted pursuant to such authority and other laws relating to | ||||||
| 15 | initial hiring of firefighters in affected departments shall | ||||||
| 16 | continue to apply to the extent they are compatible with this | ||||||
| 17 | Section, but in the event of a conflict between this Section | ||||||
| 18 | and any other law, this Section shall control. | ||||||
| 19 | A home rule or non-home rule municipality may not | ||||||
| 20 | administer its fire department process for original | ||||||
| 21 | appointments in a manner that is less stringent than this | ||||||
| 22 | Section. This Section is a limitation under subsection (i) of | ||||||
| 23 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
| 24 | concurrent exercise by home rule units of the powers and | ||||||
| 25 | functions exercised by the State. | ||||||
| 26 | A municipality that is operating under a court order or | ||||||
| |||||||
| |||||||
| 1 | consent decree regarding original appointments to a full-time | ||||||
| 2 | fire department before August 4, 2011 (the effective date of | ||||||
| 3 | Public Act 97-251) is exempt from the requirements of this | ||||||
| 4 | Section for the duration of the court order or consent decree. | ||||||
| 5 | Notwithstanding any other provision of this subsection | ||||||
| 6 | (a), this Section does not apply to a municipality with more | ||||||
| 7 | than 1,000,000 inhabitants. | ||||||
| 8 | (b) Original appointments. All original appointments made | ||||||
| 9 | to an affected fire department shall be made from a register of | ||||||
| 10 | eligibles established in accordance with the processes | ||||||
| 11 | established by this Section. Only persons who meet or exceed | ||||||
| 12 | the performance standards required by this Section shall be | ||||||
| 13 | placed on a register of eligibles for original appointment to | ||||||
| 14 | an affected fire department. | ||||||
| 15 | Whenever an appointing authority authorizes action to hire | ||||||
| 16 | a person to perform the duties of a firefighter or to hire a | ||||||
| 17 | firefighter-paramedic to fill a position that is a new | ||||||
| 18 | position or vacancy due to resignation, discharge, promotion, | ||||||
| 19 | death, the granting of a disability or retirement pension, or | ||||||
| 20 | any other cause, the appointing authority shall appoint to | ||||||
| 21 | that position the person with the highest ranking on the final | ||||||
| 22 | eligibility list. If the appointing authority has reason to | ||||||
| 23 | conclude that the highest ranked person fails to meet the | ||||||
| 24 | minimum standards for the position or if the appointing | ||||||
| 25 | authority believes an alternate candidate would better serve | ||||||
| 26 | the needs of the department, then the appointing authority has | ||||||
| |||||||
| |||||||
| 1 | the right to pass over the highest ranked person and appoint | ||||||
| 2 | either: (i) any person who has a ranking in the top 5% of the | ||||||
| 3 | register of eligibles or (ii) any person who is among the top 5 | ||||||
| 4 | highest ranked persons on the list of eligibles if the number | ||||||
| 5 | of people who have a ranking in the top 5% of the register of | ||||||
| 6 | eligibles is less than 5 people. | ||||||
| 7 | Any candidate may pass on an appointment once without | ||||||
| 8 | losing his or her position on the register of eligibles. Any | ||||||
| 9 | candidate who passes a second time may be removed from the list | ||||||
| 10 | by the appointing authority provided that such action shall | ||||||
| 11 | not prejudice a person's opportunities to participate in | ||||||
| 12 | future examinations, including an examination held during the | ||||||
| 13 | time a candidate is already on the municipality's register of | ||||||
| 14 | eligibles. | ||||||
| 15 | The sole authority to issue certificates of appointment | ||||||
| 16 | shall be vested in the board of fire and police commissioners. | ||||||
| 17 | All certificates of appointment issued to any officer or | ||||||
| 18 | member of an affected department shall be signed by the | ||||||
| 19 | chairperson and secretary, respectively, of the board upon | ||||||
| 20 | appointment of such officer or member to the affected | ||||||
| 21 | department by action of the board. After being selected from | ||||||
| 22 | the register of eligibles to fill a vacancy in the affected | ||||||
| 23 | department, each appointee shall be presented with his or her | ||||||
| 24 | certificate of appointment on the day on which he or she is | ||||||
| 25 | sworn in as a classified member of the affected department. | ||||||
| 26 | Firefighters who were not issued a certificate of appointment | ||||||
| |||||||
| |||||||
| 1 | when originally appointed shall be provided with a certificate | ||||||
| 2 | within 10 days after making a written request to the | ||||||
| 3 | chairperson of the board of fire and police commissioners. | ||||||
| 4 | Each person who accepts a certificate of appointment and | ||||||
| 5 | successfully completes his or her probationary period shall be | ||||||
| 6 | enrolled as a firefighter and as a regular member of the fire | ||||||
| 7 | department. | ||||||
| 8 | For the purposes of this Section, "firefighter" means any | ||||||
| 9 | person who has been prior to, on, or after August 4, 2011 (the | ||||||
| 10 | effective date of Public Act 97-251) appointed to a fire | ||||||
| 11 | department or fire protection district or employed by a State | ||||||
| 12 | university and sworn or commissioned to perform firefighter | ||||||
| 13 | duties or paramedic duties, or both, except that the following | ||||||
| 14 | persons are not included: part-time firefighters; auxiliary, | ||||||
| 15 | reserve, or voluntary firefighters, including paid-on-call | ||||||
| 16 | firefighters; clerks and dispatchers or other civilian | ||||||
| 17 | employees of a fire department or fire protection district who | ||||||
| 18 | are not routinely expected to perform firefighter duties; and | ||||||
| 19 | elected officials. | ||||||
| 20 | (c) Qualification for placement on register of eligibles. | ||||||
| 21 | The purpose of establishing a register of eligibles is to | ||||||
| 22 | identify applicants who possess and demonstrate the mental | ||||||
| 23 | aptitude and physical ability to perform the duties required | ||||||
| 24 | of members of the fire department in order to provide the | ||||||
| 25 | highest quality of service to the public. To this end, all | ||||||
| 26 | applicants for original appointment to an affected fire | ||||||
| |||||||
| |||||||
| 1 | department shall be subject to examination and testing which | ||||||
| 2 | shall be public, competitive, and open to all applicants | ||||||
| 3 | unless the municipality shall by ordinance limit applicants to | ||||||
| 4 | residents of the municipality, county or counties in which the | ||||||
| 5 | municipality is located, State, or nation. Any examination and | ||||||
| 6 | testing procedure utilized under subsection (e) of this | ||||||
| 7 | Section shall be supported by appropriate validation evidence | ||||||
| 8 | and shall comply with all applicable State and federal laws. | ||||||
| 9 | Municipalities may establish educational, emergency medical | ||||||
| 10 | service licensure, and other prerequisites for participation | ||||||
| 11 | in an examination or for hire as a firefighter. Any | ||||||
| 12 | municipality may charge a fee to cover the costs of the | ||||||
| 13 | application process. | ||||||
| 14 | Residency requirements in effect at the time an individual | ||||||
| 15 | enters the fire service of a municipality cannot be made more | ||||||
| 16 | restrictive for that individual during his or her period of | ||||||
| 17 | service for that municipality, or be made a condition of | ||||||
| 18 | promotion, except for the rank or position of fire chief and | ||||||
| 19 | for no more than 2 positions that rank immediately below that | ||||||
| 20 | of the chief rank which are appointed positions pursuant to | ||||||
| 21 | the Fire Department Promotion Act. | ||||||
| 22 | No person who is 35 years of age or older shall be eligible | ||||||
| 23 | to take an examination for a position as a firefighter unless | ||||||
| 24 | the person has had previous employment status as a firefighter | ||||||
| 25 | in the regularly constituted fire department of the | ||||||
| 26 | municipality, except as provided in this Section. The age | ||||||
| |||||||
| |||||||
| 1 | limitation does not apply to: | ||||||
| 2 | (1) any person previously employed as a full-time | ||||||
| 3 | firefighter in a regularly constituted fire department of | ||||||
| 4 | (i) any municipality or fire protection district located | ||||||
| 5 | in Illinois, (ii) a fire protection district whose | ||||||
| 6 | obligations were assumed by a municipality under Section | ||||||
| 7 | 21 of the Fire Protection District Act, or (iii) a | ||||||
| 8 | municipality whose obligations were taken over by a fire | ||||||
| 9 | protection district, | ||||||
| 10 | (2) any person who has served a municipality as a | ||||||
| 11 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 12 | firefighter, or | ||||||
| 13 | (3) any person who turned 35 while serving as a member | ||||||
| 14 | of the active or reserve components of any of the branches | ||||||
| 15 | of the Armed Forces of the United States or the National | ||||||
| 16 | Guard of any state, whose service was characterized as | ||||||
| 17 | honorable or under honorable, if separated from the | ||||||
| 18 | military, and is currently under the age of 40. | ||||||
| 19 | No person who is under 18 21 years of age shall be eligible | ||||||
| 20 | for employment as a firefighter. | ||||||
| 21 | No applicant shall be examined concerning his or her | ||||||
| 22 | political or religious opinions or affiliations. The | ||||||
| 23 | examinations shall be conducted by the commissioners of the | ||||||
| 24 | municipality or their designees and agents. | ||||||
| 25 | No municipality shall require that any firefighter | ||||||
| 26 | appointed to the lowest rank serve a probationary employment | ||||||
| |||||||
| |||||||
| 1 | period of longer than one year of actual active employment, | ||||||
| 2 | which may exclude periods of training, or injury or illness | ||||||
| 3 | leaves, including duty related leave, in excess of 30 calendar | ||||||
| 4 | days. Notwithstanding anything to the contrary in this | ||||||
| 5 | Section, the probationary employment period limitation may be | ||||||
| 6 | extended for a firefighter who is required, as a condition of | ||||||
| 7 | employment, to be a licensed paramedic, during which time the | ||||||
| 8 | sole reason that a firefighter may be discharged without a | ||||||
| 9 | hearing is for failing to meet the requirements for paramedic | ||||||
| 10 | licensure. | ||||||
| 11 | In the event that any applicant who has been found | ||||||
| 12 | eligible for appointment and whose name has been placed upon | ||||||
| 13 | the final eligibility register provided for in this Section | ||||||
| 14 | has not been appointed to a firefighter position within one | ||||||
| 15 | year after the date of his or her physical ability | ||||||
| 16 | examination, the commission may cause a second examination to | ||||||
| 17 | be made of that applicant's physical ability prior to his or | ||||||
| 18 | her appointment. If, after the second examination, the | ||||||
| 19 | physical ability of the applicant shall be found to be less | ||||||
| 20 | than the minimum standard fixed by the rules of the | ||||||
| 21 | commission, the applicant shall not be appointed. The | ||||||
| 22 | applicant's name may be retained upon the register of | ||||||
| 23 | candidates eligible for appointment and when next reached for | ||||||
| 24 | certification and appointment that applicant may be again | ||||||
| 25 | examined as provided in this Section, and if the physical | ||||||
| 26 | ability of that applicant is found to be less than the minimum | ||||||
| |||||||
| |||||||
| 1 | standard fixed by the rules of the commission, the applicant | ||||||
| 2 | shall not be appointed, and the name of the applicant shall be | ||||||
| 3 | removed from the register. | ||||||
| 4 | (d) Notice, examination, and testing components. Notice of | ||||||
| 5 | the time, place, general scope, merit criteria for any | ||||||
| 6 | subjective component, and fee of every examination shall be | ||||||
| 7 | given by the commission, by a publication at least 2 weeks | ||||||
| 8 | preceding the examination: (i) in one or more newspapers | ||||||
| 9 | published in the municipality, or if no newspaper is published | ||||||
| 10 | therein, then in one or more newspapers with a general | ||||||
| 11 | circulation within the municipality, or (ii) on the | ||||||
| 12 | municipality's Internet website. Additional notice of the | ||||||
| 13 | examination may be given as the commission shall prescribe. | ||||||
| 14 | The examination and qualifying standards for employment of | ||||||
| 15 | firefighters shall be based on: mental aptitude, physical | ||||||
| 16 | ability, preferences, moral character, and health. The mental | ||||||
| 17 | aptitude, physical ability, and preference components shall | ||||||
| 18 | determine an applicant's qualification for and placement on | ||||||
| 19 | the final register of eligibles. The examination may also | ||||||
| 20 | include a subjective component based on merit criteria as | ||||||
| 21 | determined by the commission. Scores from the examination must | ||||||
| 22 | be made available to the public. | ||||||
| 23 | (e) Mental aptitude. No person who does not possess at | ||||||
| 24 | least a high school diploma or an equivalent high school | ||||||
| 25 | education shall be placed on a register of eligibles. | ||||||
| 26 | Examination of an applicant's mental aptitude shall be based | ||||||
| |||||||
| |||||||
| 1 | upon a written examination. The examination shall be practical | ||||||
| 2 | in character and relate to those matters that fairly test the | ||||||
| 3 | capacity of the persons examined to discharge the duties | ||||||
| 4 | performed by members of a fire department. Written | ||||||
| 5 | examinations shall be administered in a manner that ensures | ||||||
| 6 | the security and accuracy of the scores achieved. | ||||||
| 7 | (f) Physical ability. All candidates shall be required to | ||||||
| 8 | undergo an examination of their physical ability to perform | ||||||
| 9 | the essential functions included in the duties they may be | ||||||
| 10 | called upon to perform as a member of a fire department. For | ||||||
| 11 | the purposes of this Section, essential functions of the job | ||||||
| 12 | are functions associated with duties that a firefighter may be | ||||||
| 13 | called upon to perform in response to emergency calls. The | ||||||
| 14 | frequency of the occurrence of those duties as part of the fire | ||||||
| 15 | department's regular routine shall not be a controlling factor | ||||||
| 16 | in the design of examination criteria or evolutions selected | ||||||
| 17 | for testing. These physical examinations shall be open, | ||||||
| 18 | competitive, and based on industry standards designed to test | ||||||
| 19 | each applicant's physical abilities in the following | ||||||
| 20 | dimensions: | ||||||
| 21 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 22 | that may be required in the performance of duties | ||||||
| 23 | including grip strength, leg strength, and arm strength. | ||||||
| 24 | Tests shall be conducted under anaerobic as well as | ||||||
| 25 | aerobic conditions to test both the candidate's speed and | ||||||
| 26 | endurance in performing tasks and evolutions. Tasks tested | ||||||
| |||||||
| |||||||
| 1 | may be based on standards developed, or approved, by the | ||||||
| 2 | local appointing authority. | ||||||
| 3 | (2) The ability to climb ladders, operate from | ||||||
| 4 | heights, walk or crawl in the dark along narrow and uneven | ||||||
| 5 | surfaces, and operate in proximity to hazardous | ||||||
| 6 | environments. | ||||||
| 7 | (3) The ability to carry out critical, time-sensitive, | ||||||
| 8 | and complex problem solving during physical exertion in | ||||||
| 9 | stressful and hazardous environments. The testing | ||||||
| 10 | environment may be hot and dark with tightly enclosed | ||||||
| 11 | spaces, flashing lights, sirens, and other distractions. | ||||||
| 12 | The tests utilized to measure each applicant's | ||||||
| 13 | capabilities in each of these dimensions may be tests based on | ||||||
| 14 | industry standards currently in use or equivalent tests | ||||||
| 15 | approved by the Joint Labor-Management Committee of the Office | ||||||
| 16 | of the State Fire Marshal. | ||||||
| 17 | Physical ability examinations administered under this | ||||||
| 18 | Section shall be conducted with a reasonable number of | ||||||
| 19 | proctors and monitors, open to the public, and subject to | ||||||
| 20 | reasonable regulations of the commission. | ||||||
| 21 | (g) Scoring of examination components. Appointing | ||||||
| 22 | authorities may create a preliminary eligibility register. A | ||||||
| 23 | person shall be placed on the list based upon his or her | ||||||
| 24 | passage of the written examination or the passage of the | ||||||
| 25 | written examination and the physical ability component. | ||||||
| 26 | Passage of the written examination means attaining the minimum | ||||||
| |||||||
| |||||||
| 1 | score set by the commission. Minimum scores should be set by | ||||||
| 2 | the commission so as to demonstrate a candidate's ability to | ||||||
| 3 | perform the essential functions of the job. The minimum score | ||||||
| 4 | set by the commission shall be supported by appropriate | ||||||
| 5 | validation evidence and shall comply with all applicable State | ||||||
| 6 | and federal laws. The appointing authority may conduct the | ||||||
| 7 | physical ability component and any subjective components | ||||||
| 8 | subsequent to the posting of the preliminary eligibility | ||||||
| 9 | register. | ||||||
| 10 | The examination components for an initial eligibility | ||||||
| 11 | register shall be graded on a 100-point scale. A person's | ||||||
| 12 | position on the list shall be determined by the following: (i) | ||||||
| 13 | the person's score on the written examination, (ii) the person | ||||||
| 14 | successfully passing the physical ability component, and (iii) | ||||||
| 15 | the person's results on any subjective component as described | ||||||
| 16 | in subsection (d). | ||||||
| 17 | In order to qualify for placement on the final eligibility | ||||||
| 18 | register, an applicant's score on the written examination, | ||||||
| 19 | before any applicable preference points or subjective points | ||||||
| 20 | are applied, shall be at or above the minimum score as set by | ||||||
| 21 | the commission. The local appointing authority may prescribe | ||||||
| 22 | the score to qualify for placement on the final eligibility | ||||||
| 23 | register, but the score shall not be less than the minimum | ||||||
| 24 | score set by the commission. | ||||||
| 25 | The commission shall prepare and keep a register of | ||||||
| 26 | persons whose total score is not less than the minimum score | ||||||
| |||||||
| |||||||
| 1 | for passage and who have passed the physical ability | ||||||
| 2 | examination. These persons shall take rank upon the register | ||||||
| 3 | as candidates in the order of their relative excellence based | ||||||
| 4 | on the highest to the lowest total points scored on the mental | ||||||
| 5 | aptitude, subjective component, and preference components of | ||||||
| 6 | the test administered in accordance with this Section. No more | ||||||
| 7 | than 60 days after each examination, an initial eligibility | ||||||
| 8 | list shall be posted by the commission. The list shall include | ||||||
| 9 | the final grades of the candidates without reference to | ||||||
| 10 | priority of the time of examination and subject to claim for | ||||||
| 11 | preference credit. | ||||||
| 12 | Commissions may conduct additional examinations, including | ||||||
| 13 | without limitation a polygraph test, after a final eligibility | ||||||
| 14 | register is established and before it expires with the | ||||||
| 15 | candidates ranked by total score without regard to date of | ||||||
| 16 | examination. No more than 60 days after each examination, an | ||||||
| 17 | initial eligibility list shall be posted by the commission | ||||||
| 18 | showing the final grades of the candidates without reference | ||||||
| 19 | to priority of time of examination and subject to claim for | ||||||
| 20 | preference credit. | ||||||
| 21 | (h) Preferences. The following are preferences: | ||||||
| 22 | (1) Veteran preference. Persons who were engaged in | ||||||
| 23 | the military service of the United States for a period of | ||||||
| 24 | at least one year of active duty and who were honorably | ||||||
| 25 | discharged therefrom, or who are now or have been members | ||||||
| 26 | on inactive or reserve duty in such military or naval | ||||||
| |||||||
| |||||||
| 1 | service, shall be preferred for appointment to and | ||||||
| 2 | employment with the fire department of an affected | ||||||
| 3 | department. | ||||||
| 4 | (2) Fire cadet preference. Persons who have | ||||||
| 5 | successfully completed 2 years of study in fire techniques | ||||||
| 6 | or cadet training within a cadet program established under | ||||||
| 7 | the rules of the Joint Labor and Management Committee | ||||||
| 8 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
| 9 | Promotion Act, may be preferred for appointment to and | ||||||
| 10 | employment with the fire department. | ||||||
| 11 | (3) Educational preference. Persons who have | ||||||
| 12 | successfully obtained an associate's degree in the field | ||||||
| 13 | of fire service or emergency medical services, or a | ||||||
| 14 | bachelor's degree from an accredited college or university | ||||||
| 15 | may be preferred for appointment to and employment with | ||||||
| 16 | the fire department. | ||||||
| 17 | (4) Paramedic preference. Persons who have obtained a | ||||||
| 18 | license as a paramedic shall be preferred for appointment | ||||||
| 19 | to and employment with the fire department of an affected | ||||||
| 20 | department providing emergency medical services. | ||||||
| 21 | (5) Experience preference. All persons employed by a | ||||||
| 22 | municipality who have been paid-on-call or part-time | ||||||
| 23 | certified Firefighter II, State of Illinois or nationally | ||||||
| 24 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
| 25 | capacities shall be awarded 0.5 point for each year of | ||||||
| 26 | successful service in one or more of those capacities, up | ||||||
| |||||||
| |||||||
| 1 | to a maximum of 5 points. Certified Firefighter III and | ||||||
| 2 | State of Illinois or nationally licensed paramedics shall | ||||||
| 3 | be awarded one point per year up to a maximum of 5 points. | ||||||
| 4 | Applicants from outside the municipality who were employed | ||||||
| 5 | as full-time firefighters or firefighter-paramedics by a | ||||||
| 6 | fire protection district or another municipality for at | ||||||
| 7 | least 2 years shall be awarded 5 experience preference | ||||||
| 8 | points. These additional points presuppose a rating scale | ||||||
| 9 | totaling 100 points available for the eligibility list. If | ||||||
| 10 | more or fewer points are used in the rating scale for the | ||||||
| 11 | eligibility list, the points awarded under this subsection | ||||||
| 12 | shall be increased or decreased by a factor equal to the | ||||||
| 13 | total possible points available for the examination | ||||||
| 14 | divided by 100. | ||||||
| 15 | Upon request by the commission, the governing body of | ||||||
| 16 | the municipality or in the case of applicants from outside | ||||||
| 17 | the municipality the governing body of any fire protection | ||||||
| 18 | district or any other municipality shall certify to the | ||||||
| 19 | commission, within 10 days after the request, the number | ||||||
| 20 | of years of successful paid-on-call, part-time, or | ||||||
| 21 | full-time service of any person. A candidate may not | ||||||
| 22 | receive the full amount of preference points under this | ||||||
| 23 | subsection if the amount of points awarded would place the | ||||||
| 24 | candidate before a veteran on the eligibility list. If | ||||||
| 25 | more than one candidate receiving experience preference | ||||||
| 26 | points is prevented from receiving all of their points due | ||||||
| |||||||
| |||||||
| 1 | to not being allowed to pass a veteran, the candidates | ||||||
| 2 | shall be placed on the list below the veteran in rank order | ||||||
| 3 | based on the totals received if all points under this | ||||||
| 4 | subsection were to be awarded. Any remaining ties on the | ||||||
| 5 | list shall be determined by lot. | ||||||
| 6 | (6) Residency preference. Applicants whose principal | ||||||
| 7 | residence is located within the fire department's | ||||||
| 8 | jurisdiction shall be preferred for appointment to and | ||||||
| 9 | employment with the fire department. | ||||||
| 10 | (7) Additional preferences. Up to 5 additional | ||||||
| 11 | preference points may be awarded for unique categories | ||||||
| 12 | based on an applicant's experience or background as | ||||||
| 13 | identified by the commission. | ||||||
| 14 | (7.5) Apprentice preferences. A person who has | ||||||
| 15 | performed fire suppression service for a department as a | ||||||
| 16 | firefighter apprentice and otherwise meets the | ||||||
| 17 | qualifications for original appointment as a firefighter | ||||||
| 18 | specified in this Section is eligible to be awarded up to | ||||||
| 19 | 20 preference points. To qualify for preference points, an | ||||||
| 20 | applicant shall have completed a minimum of 600 hours of | ||||||
| 21 | fire suppression work on a regular shift for the affected | ||||||
| 22 | fire department over a 12-month period. The fire | ||||||
| 23 | suppression work must be in accordance with Section | ||||||
| 24 | 10-2.1-4 of this Division and the terms established by a | ||||||
| 25 | Joint Apprenticeship Committee included in a collective | ||||||
| 26 | bargaining agreement agreed between the employer and its | ||||||
| |||||||
| |||||||
| 1 | certified bargaining agent. An eligible applicant must | ||||||
| 2 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 3 | points under this item. The Joint Apprenticeship Committee | ||||||
| 4 | shall evaluate the merit of the applicant's performance, | ||||||
| 5 | determine the preference points to be awarded, and certify | ||||||
| 6 | the amount of points awarded to the commissioners. The | ||||||
| 7 | commissioners may add the certified preference points to | ||||||
| 8 | the final grades achieved by the applicant on the other | ||||||
| 9 | components of the examination. | ||||||
| 10 | (8) Scoring of preferences. The commission may give | ||||||
| 11 | preference for original appointment to persons designated | ||||||
| 12 | in item (1) by adding to the final grade that they receive | ||||||
| 13 | 5 points for the recognized preference achieved. The | ||||||
| 14 | commission may give preference for original appointment to | ||||||
| 15 | persons designated in item (7.5) by adding to the final | ||||||
| 16 | grade the amount of points designated by the Joint | ||||||
| 17 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 18 | commission shall determine the number of preference points | ||||||
| 19 | for each category, except items (1) and (7.5). The number | ||||||
| 20 | of preference points for each category shall range from 0 | ||||||
| 21 | to 5, except item (7.5). In determining the number of | ||||||
| 22 | preference points, the commission shall prescribe that if | ||||||
| 23 | a candidate earns the maximum number of preference points | ||||||
| 24 | in all categories except item (7.5), that number may not | ||||||
| 25 | be less than 10 nor more than 30. The commission shall give | ||||||
| 26 | preference for original appointment to persons designated | ||||||
| |||||||
| |||||||
| 1 | in items (2) through (7) by adding the requisite number of | ||||||
| 2 | points to the final grade for each recognized preference | ||||||
| 3 | achieved. The numerical result thus attained shall be | ||||||
| 4 | applied by the commission in determining the final | ||||||
| 5 | eligibility list and appointment from the eligibility | ||||||
| 6 | list. The local appointing authority may prescribe the | ||||||
| 7 | total number of preference points awarded under this | ||||||
| 8 | Section, but the total number of preference points, except | ||||||
| 9 | item (7.5), shall not be less than 10 points or more than | ||||||
| 10 | 30 points. Apprentice preference points may be added in | ||||||
| 11 | addition to other preference points awarded by the | ||||||
| 12 | commission. | ||||||
| 13 | No person entitled to any preference shall be required to | ||||||
| 14 | claim the credit before any examination held under the | ||||||
| 15 | provisions of this Section, but the preference may be given | ||||||
| 16 | after the posting or publication of the initial eligibility | ||||||
| 17 | list or register at the request of a person entitled to a | ||||||
| 18 | credit before any certification or appointments are made from | ||||||
| 19 | the eligibility register, upon the furnishing of verifiable | ||||||
| 20 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 21 | who are eligible for preference credit may make a claim in | ||||||
| 22 | writing within 10 days after the posting of the initial | ||||||
| 23 | eligibility list, or the claim may be deemed waived. Final | ||||||
| 24 | eligibility registers may be established after the awarding of | ||||||
| 25 | verified preference points. However, apprentice preference | ||||||
| 26 | credit earned subsequent to the establishment of the final | ||||||
| |||||||
| |||||||
| 1 | eligibility register may be applied to the applicant's score | ||||||
| 2 | upon certification by the Joint Apprenticeship Committee to | ||||||
| 3 | the commission and the rank order of candidates on the final | ||||||
| 4 | eligibility register shall be adjusted accordingly. All | ||||||
| 5 | employment shall be subject to the commission's initial hire | ||||||
| 6 | background review, including, but not limited to, criminal | ||||||
| 7 | history, employment history, moral character, oral | ||||||
| 8 | examination, and medical and psychological examinations, all | ||||||
| 9 | on a pass-fail basis. The medical and psychological | ||||||
| 10 | examinations must be conducted last, and may only be performed | ||||||
| 11 | after a conditional offer of employment has been extended. | ||||||
| 12 | Any person placed on an eligibility list who exceeds the | ||||||
| 13 | age requirement before being appointed to a fire department | ||||||
| 14 | shall remain eligible for appointment until the list is | ||||||
| 15 | abolished, or his or her name has been on the list for a period | ||||||
| 16 | of 2 years. No person who has attained the age of 35 years | ||||||
| 17 | shall be inducted into a fire department, except as otherwise | ||||||
| 18 | provided in this Section. | ||||||
| 19 | The commission shall strike off the names of candidates | ||||||
| 20 | for original appointment after the names have been on the list | ||||||
| 21 | for more than 2 years. | ||||||
| 22 | (i) Moral character. No person shall be appointed to a | ||||||
| 23 | fire department unless he or she is a person of good character; | ||||||
| 24 | not a habitual drunkard, a gambler, or a person who has been | ||||||
| 25 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 26 | However, no person shall be disqualified from appointment to | ||||||
| |||||||
| |||||||
| 1 | the fire department because of the person's record of | ||||||
| 2 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 3 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 4 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 5 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
| 6 | (1), (6), and (8) of subsection (a) of Section 24-1 of the | ||||||
| 7 | Criminal Code of 1961 or the Criminal Code of 2012, or arrest | ||||||
| 8 | for any cause without conviction thereon. Any such person who | ||||||
| 9 | is in the department may be removed on charges brought for | ||||||
| 10 | violating this subsection and after a trial as hereinafter | ||||||
| 11 | provided. | ||||||
| 12 | A classifiable set of the fingerprints of every person who | ||||||
| 13 | is offered employment as a certificated member of an affected | ||||||
| 14 | fire department whether with or without compensation, shall be | ||||||
| 15 | furnished to the Illinois State Police and to the Federal | ||||||
| 16 | Bureau of Investigation by the commission. | ||||||
| 17 | Whenever a commission is authorized or required by law to | ||||||
| 18 | consider some aspect of criminal history record information | ||||||
| 19 | for the purpose of carrying out its statutory powers and | ||||||
| 20 | responsibilities, then, upon request and payment of fees in | ||||||
| 21 | conformance with the requirements of Section 2605-400 of the | ||||||
| 22 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| 23 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
| 24 | pursuant to positive identification, the information contained | ||||||
| 25 | in State files as is necessary to fulfill the request. | ||||||
| 26 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| |||||||
| |||||||
| 1 | of public business, to meet extraordinary exigencies, or to | ||||||
| 2 | prevent material impairment of the fire department, the | ||||||
| 3 | commission may make temporary appointments, to remain in force | ||||||
| 4 | only until regular appointments are made under the provisions | ||||||
| 5 | of this Division, but never to exceed 60 days. No temporary | ||||||
| 6 | appointment of any one person shall be made more than twice in | ||||||
| 7 | any calendar year. | ||||||
| 8 | (k) A person who knowingly divulges or receives test | ||||||
| 9 | questions or answers before a written examination, or | ||||||
| 10 | otherwise knowingly violates or subverts any requirement of | ||||||
| 11 | this Section, commits a violation of this Section and may be | ||||||
| 12 | subject to charges for official misconduct. | ||||||
| 13 | A person who is the knowing recipient of test information | ||||||
| 14 | in advance of the examination shall be disqualified from the | ||||||
| 15 | examination or discharged from the position to which he or she | ||||||
| 16 | was appointed, as applicable, and otherwise subjected to | ||||||
| 17 | disciplinary actions. | ||||||
| 18 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; | ||||||
| 19 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
| 20 | 5-13-22.)
| ||||||
| 21 | Section 10. The Fire Protection District Act is amended by | ||||||
| 22 | changing Section 16.06b as follows:
| ||||||
| 23 | (70 ILCS 705/16.06b) | ||||||
| 24 | Sec. 16.06b. Original appointments; full-time fire | ||||||
| |||||||
| |||||||
| 1 | department. | ||||||
| 2 | (a) Applicability. Unless a commission elects to follow | ||||||
| 3 | the provisions of Section 16.06c, this Section shall apply to | ||||||
| 4 | all original appointments to an affected full-time fire | ||||||
| 5 | department. Existing registers of eligibles shall continue to | ||||||
| 6 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
| 7 | years after August 4, 2011 (the effective date of Public Act | ||||||
| 8 | 97-251). | ||||||
| 9 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
| 10 | to the contrary, all original appointments to an affected | ||||||
| 11 | department to which this Section applies shall be administered | ||||||
| 12 | in a no less stringent manner than the manner provided for in | ||||||
| 13 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
| 14 | Protection District Act, fire district ordinances, and rules | ||||||
| 15 | adopted pursuant to such authority and other laws relating to | ||||||
| 16 | initial hiring of firefighters in affected departments shall | ||||||
| 17 | continue to apply to the extent they are compatible with this | ||||||
| 18 | Section, but in the event of a conflict between this Section | ||||||
| 19 | and any other law, this Section shall control. | ||||||
| 20 | A fire protection district that is operating under a court | ||||||
| 21 | order or consent decree regarding original appointments to a | ||||||
| 22 | full-time fire department before August 4, 2011 (the effective | ||||||
| 23 | date of Public Act 97-251) is exempt from the requirements of | ||||||
| 24 | this Section for the duration of the court order or consent | ||||||
| 25 | decree. | ||||||
| 26 | (b) Original appointments. All original appointments made | ||||||
| |||||||
| |||||||
| 1 | to an affected fire department shall be made from a register of | ||||||
| 2 | eligibles established in accordance with the processes | ||||||
| 3 | required by this Section. Only persons who meet or exceed the | ||||||
| 4 | performance standards required by the Section shall be placed | ||||||
| 5 | on a register of eligibles for original appointment to an | ||||||
| 6 | affected fire department. | ||||||
| 7 | Whenever an appointing authority authorizes action to hire | ||||||
| 8 | a person to perform the duties of a firefighter or to hire a | ||||||
| 9 | firefighter-paramedic to fill a position that is a new | ||||||
| 10 | position or vacancy due to resignation, discharge, promotion, | ||||||
| 11 | death, the granting of a disability or retirement pension, or | ||||||
| 12 | any other cause, the appointing authority shall appoint to | ||||||
| 13 | that position the person with the highest ranking on the final | ||||||
| 14 | eligibility list. If the appointing authority has reason to | ||||||
| 15 | conclude that the highest ranked person fails to meet the | ||||||
| 16 | minimum standards for the position or if the appointing | ||||||
| 17 | authority believes an alternate candidate would better serve | ||||||
| 18 | the needs of the department, then the appointing authority has | ||||||
| 19 | the right to pass over the highest ranked person and appoint | ||||||
| 20 | either: (i) any person who has a ranking in the top 5% of the | ||||||
| 21 | register of eligibles or (ii) any person who is among the top 5 | ||||||
| 22 | highest ranked persons on the list of eligibles if the number | ||||||
| 23 | of people who have a ranking in the top 5% of the register of | ||||||
| 24 | eligibles is less than 5 people. | ||||||
| 25 | Any candidate may pass on an appointment once without | ||||||
| 26 | losing his or her position on the register of eligibles. Any | ||||||
| |||||||
| |||||||
| 1 | candidate who passes a second time may be removed from the list | ||||||
| 2 | by the appointing authority provided that such action shall | ||||||
| 3 | not prejudice a person's opportunities to participate in | ||||||
| 4 | future examinations, including an examination held during the | ||||||
| 5 | time a candidate is already on the fire district's register of | ||||||
| 6 | eligibles. | ||||||
| 7 | The sole authority to issue certificates of appointment | ||||||
| 8 | shall be vested in the board of fire commissioners, or board of | ||||||
| 9 | trustees serving in the capacity of a board of fire | ||||||
| 10 | commissioners. All certificates of appointment issued to any | ||||||
| 11 | officer or member of an affected department shall be signed by | ||||||
| 12 | the chairperson and secretary, respectively, of the commission | ||||||
| 13 | upon appointment of such officer or member to the affected | ||||||
| 14 | department by action of the commission. After being selected | ||||||
| 15 | from the register of eligibles to fill a vacancy in the | ||||||
| 16 | affected department, each appointee shall be presented with | ||||||
| 17 | his or her certificate of appointment on the day on which he or | ||||||
| 18 | she is sworn in as a classified member of the affected | ||||||
| 19 | department. Firefighters who were not issued a certificate of | ||||||
| 20 | appointment when originally appointed shall be provided with a | ||||||
| 21 | certificate within 10 days after making a written request to | ||||||
| 22 | the chairperson of the board of fire commissioners, or board | ||||||
| 23 | of trustees serving in the capacity of a board of fire | ||||||
| 24 | 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 August 4, 2011 (the | ||||||
| 4 | effective date of Public Act 97-251) appointed to a fire | ||||||
| 5 | department or fire protection district or employed by a State | ||||||
| 6 | university and sworn or commissioned to perform firefighter | ||||||
| 7 | duties or paramedic duties, or both, except that the following | ||||||
| 8 | persons are not included: part-time firefighters; auxiliary, | ||||||
| 9 | reserve, or voluntary firefighters, including paid-on-call | ||||||
| 10 | firefighters; clerks and dispatchers or other civilian | ||||||
| 11 | employees of a fire department or fire protection district who | ||||||
| 12 | are not routinely expected to perform firefighter duties; and | ||||||
| 13 | 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 | ||||||
| 18 | of members of the fire department in order to provide the | ||||||
| 19 | highest quality of service to the public. To this end, all | ||||||
| 20 | applicants for original appointment to an affected fire | ||||||
| 21 | department shall be subject to examination and testing which | ||||||
| 22 | shall be public, competitive, and open to all applicants | ||||||
| 23 | unless the district shall by ordinance limit applicants to | ||||||
| 24 | residents of the district, county or counties in which the | ||||||
| 25 | district is located, State, or nation. Any examination and | ||||||
| 26 | testing procedure utilized under subsection (e) of this | ||||||
| |||||||
| |||||||
| 1 | Section shall be supported by appropriate validation evidence | ||||||
| 2 | and shall comply with all applicable State and federal laws. | ||||||
| 3 | Districts may establish educational, emergency medical service | ||||||
| 4 | licensure, and other prerequisites for participation in an | ||||||
| 5 | examination or for hire as a firefighter. Any fire protection | ||||||
| 6 | district may charge a fee to cover the costs of the application | ||||||
| 7 | process. | ||||||
| 8 | Residency requirements in effect at the time an individual | ||||||
| 9 | enters the fire service of a district cannot be made more | ||||||
| 10 | restrictive for that individual during his or her period of | ||||||
| 11 | service for that district, 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 | ||||||
| 15 | the 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 district, | ||||||
| 20 | except as provided in this Section. The age limitation does | ||||||
| 21 | 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 | ||||||
| 25 | in Illinois, (ii) a fire protection district whose | ||||||
| 26 | obligations were assumed by a municipality under Section | ||||||
| |||||||
| |||||||
| 1 | 21 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 fire district as a | ||||||
| 5 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
| 6 | firefighter; or | ||||||
| 7 | (3) any person who turned 35 while serving as a member | ||||||
| 8 | of the active or reserve components of any of the branches | ||||||
| 9 | of the Armed Forces of the United States or the National | ||||||
| 10 | Guard of any state, whose service was characterized as | ||||||
| 11 | honorable or under honorable, if separated from the | ||||||
| 12 | military, and is currently under the age of 40. | ||||||
| 13 | No person who is under 18 21 years of age shall be eligible | ||||||
| 14 | for employment as a firefighter. | ||||||
| 15 | No applicant shall be examined concerning his or her | ||||||
| 16 | political or religious opinions or affiliations. The | ||||||
| 17 | examinations shall be conducted by the commissioners of the | ||||||
| 18 | district or their designees and agents. | ||||||
| 19 | No district shall require that any firefighter appointed | ||||||
| 20 | to the lowest rank serve a probationary employment period of | ||||||
| 21 | longer than one year of actual active employment, which may | ||||||
| 22 | exclude periods of training, or injury or illness leaves, | ||||||
| 23 | including duty related leave, in excess of 30 calendar days. | ||||||
| 24 | Notwithstanding anything to the contrary in this Section, the | ||||||
| 25 | probationary employment period limitation may be extended for | ||||||
| 26 | a firefighter who is required, as a condition of employment, | ||||||
| |||||||
| |||||||
| 1 | to be a licensed paramedic, during which time the sole reason | ||||||
| 2 | that a firefighter may be discharged without a hearing is for | ||||||
| 3 | failing to meet the requirements for paramedic licensure. | ||||||
| 4 | In the event that any applicant who has been found | ||||||
| 5 | eligible for appointment and whose name has been placed upon | ||||||
| 6 | the final eligibility register provided for in this Section | ||||||
| 7 | has not been appointed to a firefighter position within one | ||||||
| 8 | year after the date of his or her physical ability | ||||||
| 9 | examination, the commission may cause a second examination to | ||||||
| 10 | be made of that applicant's physical ability prior to his or | ||||||
| 11 | her appointment. If, after the second examination, the | ||||||
| 12 | physical ability of the applicant shall be found to be less | ||||||
| 13 | than the minimum standard fixed by the rules of the | ||||||
| 14 | commission, the applicant shall not be appointed. The | ||||||
| 15 | applicant's name may be retained upon the register of | ||||||
| 16 | candidates eligible for appointment and when next reached for | ||||||
| 17 | certification and appointment that applicant may be again | ||||||
| 18 | examined as provided in this Section, and if the physical | ||||||
| 19 | ability of that applicant is found to be less than the minimum | ||||||
| 20 | standard fixed by the rules of the commission, the applicant | ||||||
| 21 | shall not be appointed, and the name of the applicant shall be | ||||||
| 22 | removed from the register. | ||||||
| 23 | (d) Notice, examination, and testing components. Notice of | ||||||
| 24 | the time, place, general scope, merit criteria for any | ||||||
| 25 | subjective component, and fee of every examination shall be | ||||||
| 26 | given by the commission, by a publication at least 2 weeks | ||||||
| |||||||
| |||||||
| 1 | preceding the examination: (i) in one or more newspapers | ||||||
| 2 | published in the district, or if no newspaper is published | ||||||
| 3 | therein, then in one or more newspapers with a general | ||||||
| 4 | circulation within the district, or (ii) on the fire | ||||||
| 5 | protection district's Internet website. Additional notice of | ||||||
| 6 | the examination may be given as the commission shall | ||||||
| 7 | prescribe. | ||||||
| 8 | The examination and qualifying standards for employment of | ||||||
| 9 | firefighters shall be based on: mental aptitude, physical | ||||||
| 10 | ability, preferences, moral character, and health. The mental | ||||||
| 11 | aptitude, physical ability, and preference components shall | ||||||
| 12 | determine an applicant's qualification for and placement on | ||||||
| 13 | the final register of eligibles. The examination may also | ||||||
| 14 | include a subjective component based on merit criteria as | ||||||
| 15 | determined by the commission. Scores from the examination must | ||||||
| 16 | be made available to the public. | ||||||
| 17 | (e) Mental aptitude. No person who does not possess at | ||||||
| 18 | least a high school diploma or an equivalent high school | ||||||
| 19 | education shall be placed on a register of eligibles. | ||||||
| 20 | Examination of an applicant's mental aptitude shall be based | ||||||
| 21 | upon a written examination. The examination shall be practical | ||||||
| 22 | in character and relate to those matters that fairly test the | ||||||
| 23 | capacity of the persons examined to discharge the duties | ||||||
| 24 | performed by members of a fire department. Written | ||||||
| 25 | examinations shall be administered in a manner that ensures | ||||||
| 26 | the security and accuracy of the scores achieved. | ||||||
| |||||||
| |||||||
| 1 | (f) Physical ability. All candidates shall be required to | ||||||
| 2 | undergo an examination of their physical ability to perform | ||||||
| 3 | the essential functions included in the duties they may be | ||||||
| 4 | called upon to perform as a member of a fire department. For | ||||||
| 5 | the purposes of this Section, essential functions of the job | ||||||
| 6 | are functions associated with duties that a firefighter may be | ||||||
| 7 | called upon to perform in response to emergency calls. The | ||||||
| 8 | frequency of the occurrence of those duties as part of the fire | ||||||
| 9 | department's regular routine shall not be a controlling factor | ||||||
| 10 | in the design of examination criteria or evolutions selected | ||||||
| 11 | for testing. These physical examinations shall be open, | ||||||
| 12 | competitive, and based on industry standards designed to test | ||||||
| 13 | each applicant's physical abilities in the following | ||||||
| 14 | dimensions: | ||||||
| 15 | (1) Muscular strength to perform tasks and evolutions | ||||||
| 16 | that may be required in the performance of duties | ||||||
| 17 | including grip strength, leg strength, and arm strength. | ||||||
| 18 | Tests shall be conducted under anaerobic as well as | ||||||
| 19 | aerobic conditions to test both the candidate's speed and | ||||||
| 20 | endurance in performing tasks and evolutions. Tasks tested | ||||||
| 21 | may be based on standards developed, or approved, by the | ||||||
| 22 | local appointing authority. | ||||||
| 23 | (2) The ability to climb ladders, operate from | ||||||
| 24 | heights, walk or crawl in the dark along narrow and uneven | ||||||
| 25 | surfaces, and operate in proximity to hazardous | ||||||
| 26 | 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 | ||||||
| 13 | proctors and monitors, open to the public, and subject to | ||||||
| 14 | reasonable 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 appointing authorities so as to demonstrate a candidate's | ||||||
| 23 | ability to perform the essential functions of the job. The | ||||||
| 24 | minimum score set by the commission shall be supported by | ||||||
| 25 | appropriate validation evidence and shall comply with all | ||||||
| 26 | applicable State and federal laws. The appointing authority | ||||||
| |||||||
| |||||||
| 1 | may conduct the physical ability component and any subjective | ||||||
| 2 | components subsequent to the posting of the preliminary | ||||||
| 3 | eligibility 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 set by the | ||||||
| 15 | commission. The local appointing authority may prescribe the | ||||||
| 16 | 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 | ||||||
| 20 | persons whose total score is not less than the minimum score | ||||||
| 21 | for passage and who have passed the physical ability | ||||||
| 22 | examination. These persons shall take rank upon the register | ||||||
| 23 | as candidates in the order of their relative excellence based | ||||||
| 24 | on the highest to the lowest total points scored on the mental | ||||||
| 25 | aptitude, subjective component, and preference components of | ||||||
| 26 | the test administered in accordance with this Section. No more | ||||||
| |||||||
| |||||||
| 1 | than 60 days after each examination, an initial eligibility | ||||||
| 2 | list shall be posted by the commission. The list shall include | ||||||
| 3 | the final grades of the candidates without reference to | ||||||
| 4 | priority of the time of examination and subject to claim for | ||||||
| 5 | 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 | ||||||
| 13 | to 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 | ||||||
| 17 | the military service of the United States for a period of | ||||||
| 18 | at 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 | ||||||
| 7 | of fire service or emergency medical services, or a | ||||||
| 8 | bachelor's degree from an accredited college or university | ||||||
| 9 | may be preferred for appointment to and employment with | ||||||
| 10 | the fire 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 | ||||||
| 21 | applicant may not be awarded more than 0.5 points for each | ||||||
| 22 | complete year of paid-on-call or part-time service. | ||||||
| 23 | Applicants from outside the district who were employed as | ||||||
| 24 | full-time 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 | ||||||
| 8 | of years of successful paid-on-call, part-time, or | ||||||
| 9 | full-time service of any person. A candidate may not | ||||||
| 10 | receive the full amount of preference points under this | ||||||
| 11 | subsection if the amount of points awarded would place the | ||||||
| 12 | candidate before a veteran on the eligibility list. If | ||||||
| 13 | more than one candidate receiving experience preference | ||||||
| 14 | points is prevented from receiving all of their points due | ||||||
| 15 | to not being allowed to pass a veteran, the candidates | ||||||
| 16 | shall be placed on the list below the veteran in rank order | ||||||
| 17 | based on the totals received if all points under this | ||||||
| 18 | subsection were to be awarded. Any remaining ties on the | ||||||
| 19 | list shall be determined 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 | (7.5) Apprentice preferences. A person who has | ||||||
| 3 | performed fire suppression service for a department as a | ||||||
| 4 | firefighter apprentice and otherwise meets the | ||||||
| 5 | qualifications for original appointment as a firefighter | ||||||
| 6 | specified in this Section is eligible to be awarded up to | ||||||
| 7 | 20 preference points. To qualify for preference points, an | ||||||
| 8 | applicant shall have completed a minimum of 600 hours of | ||||||
| 9 | fire suppression work on a regular shift for the affected | ||||||
| 10 | fire department over a 12-month period. The fire | ||||||
| 11 | suppression work must be in accordance with Section 16.06 | ||||||
| 12 | of this Act and the terms established by a Joint | ||||||
| 13 | Apprenticeship Committee included in a collective | ||||||
| 14 | bargaining agreement agreed between the employer and its | ||||||
| 15 | certified bargaining agent. An eligible applicant must | ||||||
| 16 | apply to the Joint Apprenticeship Committee for preference | ||||||
| 17 | points under this item. The Joint Apprenticeship Committee | ||||||
| 18 | shall evaluate the merit of the applicant's performance, | ||||||
| 19 | determine the preference points to be awarded, and certify | ||||||
| 20 | the amount of points awarded to the commissioners. The | ||||||
| 21 | commissioners may add the certified preference points to | ||||||
| 22 | the final grades achieved by the applicant on the other | ||||||
| 23 | components of the examination. | ||||||
| 24 | (8) Scoring of preferences. The commission shall give | ||||||
| 25 | preference for original appointment to persons designated | ||||||
| 26 | in item (1) by adding to the final grade that they receive | ||||||
| |||||||
| |||||||
| 1 | 5 points for the recognized preference achieved. The | ||||||
| 2 | commission may give preference for original appointment to | ||||||
| 3 | persons designated in item (7.5) by adding to the final | ||||||
| 4 | grade the amount of points designated by the Joint | ||||||
| 5 | Apprenticeship Committee as defined in item (7.5). The | ||||||
| 6 | commission shall determine the number of preference points | ||||||
| 7 | for each category, except (1) and (7.5). The number of | ||||||
| 8 | preference points for each category shall range from 0 to | ||||||
| 9 | 5, except item (7.5). In determining the number of | ||||||
| 10 | preference points, the commission shall prescribe that if | ||||||
| 11 | a candidate earns the maximum number of preference points | ||||||
| 12 | in all categories except item (7.5), that number may not | ||||||
| 13 | be less than 10 nor more than 30. The commission shall give | ||||||
| 14 | preference for original appointment to persons designated | ||||||
| 15 | in items (2) through (7) by adding the requisite number of | ||||||
| 16 | points to the final grade for each recognized preference | ||||||
| 17 | achieved. The numerical result thus attained shall be | ||||||
| 18 | applied by the commission in determining the final | ||||||
| 19 | eligibility list and appointment from the eligibility | ||||||
| 20 | list. The local appointing authority may prescribe the | ||||||
| 21 | total number of preference points awarded under this | ||||||
| 22 | Section, but the total number of preference points, except | ||||||
| 23 | item (7.5), shall not be less than 10 points or more than | ||||||
| 24 | 30 points. Apprentice preference points may be added in | ||||||
| 25 | addition to other preference points awarded by the | ||||||
| 26 | commission. | ||||||
| |||||||
| |||||||
| 1 | No person entitled to any preference shall be required to | ||||||
| 2 | claim the credit before any examination held under the | ||||||
| 3 | provisions of this Section, but the preference shall be given | ||||||
| 4 | after the posting or publication of the initial eligibility | ||||||
| 5 | list or register at the request of a person entitled to a | ||||||
| 6 | credit before any certification or appointments are made from | ||||||
| 7 | the eligibility register, upon the furnishing of verifiable | ||||||
| 8 | evidence and proof of qualifying preference credit. Candidates | ||||||
| 9 | who are eligible for preference credit shall make a claim in | ||||||
| 10 | writing within 10 days after the posting of the initial | ||||||
| 11 | eligibility list, or the claim shall be deemed waived. Final | ||||||
| 12 | eligibility registers shall be established after the awarding | ||||||
| 13 | of verified preference points. However, apprentice preference | ||||||
| 14 | credit earned subsequent to the establishment of the final | ||||||
| 15 | eligibility register may be applied to the applicant's score | ||||||
| 16 | upon certification by the Joint Apprenticeship Committee to | ||||||
| 17 | the commission and the rank order of candidates on the final | ||||||
| 18 | eligibility register shall be adjusted accordingly. All | ||||||
| 19 | employment shall be subject to the commission's initial hire | ||||||
| 20 | background review, including, but not limited to, criminal | ||||||
| 21 | history, employment history, moral character, oral | ||||||
| 22 | examination, and medical and psychological examinations, all | ||||||
| 23 | on a pass-fail basis. The medical and psychological | ||||||
| 24 | examinations must be conducted last, and may only be performed | ||||||
| 25 | after a conditional offer of employment has been extended. | ||||||
| 26 | Any person placed on an eligibility list who exceeds the | ||||||
| |||||||
| |||||||
| 1 | age requirement before being appointed to a fire department | ||||||
| 2 | shall remain eligible for appointment until the list is | ||||||
| 3 | abolished, or his or her name has been on the list for a period | ||||||
| 4 | of 2 years. No person who has attained the age of 35 years | ||||||
| 5 | shall be inducted into a fire department, except as otherwise | ||||||
| 6 | provided in this Section. | ||||||
| 7 | The commission shall strike off the names of candidates | ||||||
| 8 | for original appointment after the names have been on the list | ||||||
| 9 | for more than 2 years. | ||||||
| 10 | (i) Moral character. No person shall be appointed to a | ||||||
| 11 | fire department unless he or she is a person of good character; | ||||||
| 12 | not a habitual drunkard, a gambler, or a person who has been | ||||||
| 13 | convicted of a felony or a crime involving moral turpitude. | ||||||
| 14 | However, no person shall be disqualified from appointment to | ||||||
| 15 | the fire department because of the person's record of | ||||||
| 16 | misdemeanor convictions except those under Sections 11-6, | ||||||
| 17 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
| 18 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
| 19 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and paragraphs | ||||||
| 20 | (1), (6), and (8) of subsection (a) of Section 24-1 of the | ||||||
| 21 | Criminal Code of 1961 or the Criminal Code of 2012, or arrest | ||||||
| 22 | for any cause without conviction thereon. Any such person who | ||||||
| 23 | is in the department may be removed on charges brought for | ||||||
| 24 | violating this subsection and after a trial as hereinafter | ||||||
| 25 | provided. | ||||||
| 26 | A classifiable set of the fingerprints of every person who | ||||||
| |||||||
| |||||||
| 1 | is offered employment as a certificated member of an affected | ||||||
| 2 | fire department whether with or without compensation, shall be | ||||||
| 3 | furnished to the Illinois State Police and to the Federal | ||||||
| 4 | Bureau of Investigation by the commission. | ||||||
| 5 | Whenever a commission is authorized or required by law to | ||||||
| 6 | consider some aspect of criminal history record information | ||||||
| 7 | for the purpose of carrying out its statutory powers and | ||||||
| 8 | responsibilities, then, upon request and payment of fees in | ||||||
| 9 | conformance with the requirements of Section 2605-400 of the | ||||||
| 10 | Illinois State Police Law of the Civil Administrative Code of | ||||||
| 11 | Illinois, the Illinois State Police is authorized to furnish, | ||||||
| 12 | pursuant to positive identification, the information contained | ||||||
| 13 | in State files as is necessary to fulfill the request. | ||||||
| 14 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
| 15 | of public business, to meet extraordinary exigencies, or to | ||||||
| 16 | prevent material impairment of the fire department, the | ||||||
| 17 | commission may make temporary appointments, to remain in force | ||||||
| 18 | only until regular appointments are made under the provisions | ||||||
| 19 | of this Section, but never to exceed 60 days. No temporary | ||||||
| 20 | appointment of any one person shall be made more than twice in | ||||||
| 21 | any calendar year. | ||||||
| 22 | (k) A person who knowingly divulges or receives test | ||||||
| 23 | questions or answers before a written examination, or | ||||||
| 24 | otherwise knowingly violates or subverts any requirement of | ||||||
| 25 | this Section, commits a violation of this Section and may be | ||||||
| 26 | subject to charges for official misconduct. | ||||||
| |||||||
| |||||||
| 1 | A person who is the knowing recipient of test information | ||||||
| 2 | in advance of the examination shall be disqualified from the | ||||||
| 3 | examination or discharged from the position to which he or she | ||||||
| 4 | was appointed, as applicable, and otherwise subjected to | ||||||
| 5 | disciplinary actions. | ||||||
| 6 | (Source: P.A. 101-489, eff. 8-23-19; 102-375, eff. 8-13-21; | ||||||
| 7 | 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; 102-813, eff. | ||||||
| 8 | 5-13-22.) | ||||||
