Bill Text: IL HB2911 | 2021-2022 | 102nd General Assembly | Engrossed
Bill Title: Amends the Fire Department Promotion Act. Modifies the definition of "affected department" for purposes of the Act to include a municipality with a population over 1,000,000.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Engrossed - Dead) 2021-05-21 - Rule 3-9(a) / Re-referred to Assignments [HB2911 Detail]
Download: Illinois-2021-HB2911-Engrossed.html
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1 | AN ACT concerning local government.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Fire Department Promotion Act is amended by | ||||||
5 | changing Section 5 as follows:
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6 | (50 ILCS 742/5)
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7 | Sec. 5. Definitions. In this Act:
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8 | "Affected department" or "department" means a full-time | ||||||
9 | municipal fire
department that is subject to a collective | ||||||
10 | bargaining agreement or the fire
department operated by a | ||||||
11 | full-time fire protection district. The terms do not
include | ||||||
12 | fire departments
operated by the State, a university, or a | ||||||
13 | municipality with a population over
1,000,000 or any unit of | ||||||
14 | local government other than a municipality or fire
protection | ||||||
15 | district. The terms also do not include a combined department | ||||||
16 | that
was providing both police and firefighting services on | ||||||
17 | January 1, 2002.
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18 | "Appointing authority" means the Board of Fire and Police | ||||||
19 | Commissioners,
Board of Fire Commissioners, Civil Service | ||||||
20 | Commissioners, Superintendent
or Department Head, Fire | ||||||
21 | Protection District Board of Trustees, or other
entity having | ||||||
22 | the authority to administer and grant promotions in an | ||||||
23 | affected
department.
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1 | "Promotion" means any appointment or advancement to a rank | ||||||
2 | within the
affected department (1) for which an examination | ||||||
3 | was required before January 1,
2002; (2) that is included | ||||||
4 | within a bargaining unit; or (3) that is the next
rank | ||||||
5 | immediately above the highest rank included within a | ||||||
6 | bargaining unit,
provided such rank is not the only rank | ||||||
7 | between the Fire Chief and the highest
rank included within | ||||||
8 | the bargaining unit, or is a rank otherwise excepted under
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9 | item (i), (ii), (iii), (iv), or (v) of this definition. | ||||||
10 | "Promotion" does not
include appointments (i) that are for | ||||||
11 | fewer than 180 days; (ii) to the
positions
of Superintendent, | ||||||
12 | Chief, or other chief executive officer; (iii) to an
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13 | exclusively administrative or executive rank for which an | ||||||
14 | examination is not
required; (iv) to a rank that was exempted | ||||||
15 | by a home rule municipality prior to
January 1, 2002, provided | ||||||
16 | that after the effective date of this Act no home
rule | ||||||
17 | municipality may exempt any future or existing ranks from the | ||||||
18 | provisions
of this Act; or (v) to an administrative rank | ||||||
19 | immediately below the
Superintendent, Chief, or other chief | ||||||
20 | executive officer of an affected
department, provided such | ||||||
21 | rank shall not be held by more than 2 persons and
there is a
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22 | promoted rank immediately below it. Notwithstanding the | ||||||
23 | exceptions to the
definition of "promotion" set forth in items | ||||||
24 | (i), (ii), (iii), (iv), and (v) of
this definition, promotions | ||||||
25 | shall include any appointments to ranks covered by
the terms | ||||||
26 | of a collective bargaining agreement in effect on the |
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1 | effective date
of this Act.
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2 | "Preliminary promotion list" means the rank order of | ||||||
3 | eligible candidates
established in accordance with subsection | ||||||
4 | (b) of Section 20 prior to
applicable veteran's
preference | ||||||
5 | points. A person on the preliminary promotion list who is | ||||||
6 | eligible
for veteran's preference under the laws and | ||||||
7 | agreements applicable to the
appointing authority may file a | ||||||
8 | written application for that preference within
10 days after | ||||||
9 | the initial posting of the preliminary promotion list. The
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10 | preference shall be calculated in accordance with Section 55 | ||||||
11 | and applied as
an addition to the person's total point score on | ||||||
12 | the examination. The
appointing authority shall make | ||||||
13 | adjustments to the preliminary promotion
list based on any | ||||||
14 | veteran's preference claimed and the final adjusted
promotion | ||||||
15 | list shall then be posted by the appointing authority.
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16 | "Rank" means any position within the chain of command of a | ||||||
17 | fire department to
which employees are regularly assigned to | ||||||
18 | perform duties related to providing
fire suppression, fire | ||||||
19 | prevention, or emergency services.
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20 | "Final adjusted promotion list" means the promotion list | ||||||
21 | for the position
that is in effect on the date the position is | ||||||
22 | created or the vacancy
occurs. If there is no final adjusted | ||||||
23 | promotion list in effect for that
position on that date, or if | ||||||
24 | all persons on the current final adjusted
promotion list for | ||||||
25 | that position refuse the promotion, the affected
department | ||||||
26 | shall not make a permanent
promotion until a new final |
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1 | adjusted promotion list has been prepared in
accordance with | ||||||
2 | this Act, but may make a temporary appointment to fill the
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3 | vacancy. Temporary appointments shall not exceed 180 days.
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4 | Each component of the promotional test shall be scored on | ||||||
5 | a scale of 100
points. The component scores shall then be | ||||||
6 | reduced by the weighting factor
assigned to the component on | ||||||
7 | the test and the scores of all components shall be
added to | ||||||
8 | produce a total score based on a scale of 100 points.
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9 | (Source: P.A. 93-411, eff. 8-4-03.)
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