Bill Text: IL HB4644 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Illinois Municipal Code and the Fire Protection District Act. Provides that a person 35 years of age or older who has served a municipality as a regularly enrolled volunteer, paid-on-call, or part-time firefighter is eligible to take an examination for a position as a firefighter (removing a requirement the volunteer, paid-on-call, or part-time work was 5 years immediately preceding the time that the municipality begins to use full-time firefighters to provide all or part of its fire protection service). Effective immediately.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB4644 Detail]
Download: Illinois-2019-HB4644-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,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Municipal Code is amended by | ||||||||||||||||||||||||||||
5 | changing Sections 10-1-7.1 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 the | ||||||||||||||||||||||||||||
10 | provisions of Section 10-1-7.2, this Section shall apply to all | ||||||||||||||||||||||||||||
11 | 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) this amendatory Act of the 97th General Assembly . | ||||||||||||||||||||||||||||
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) this amendatory Act of the 97th General | ||||||
14 | Assembly is exempt from the requirements of this Section for | ||||||
15 | the duration of the court order or consent decree. | ||||||
16 | Notwithstanding any other provision of this subsection | ||||||
17 | (a), this Section does not apply to a municipality with more | ||||||
18 | than 1,000,000 inhabitants. | ||||||
19 | (b) Original appointments. All original appointments made | ||||||
20 | to an affected fire department shall be made from a register of | ||||||
21 | eligibles established in accordance with the processes | ||||||
22 | established by this Section. Only persons who meet or exceed | ||||||
23 | the performance standards required by this Section shall be | ||||||
24 | placed on a register of eligibles for original appointment to | ||||||
25 | an affected fire department. | ||||||
26 | Whenever an appointing authority authorizes action to hire |
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1 | a person to perform the duties of a firefighter or to hire a | ||||||
2 | firefighter-paramedic to fill a position that is a new position | ||||||
3 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
4 | granting of a disability or retirement pension, or any other | ||||||
5 | cause, the appointing authority shall appoint to that position | ||||||
6 | the person with the highest ranking on the final eligibility | ||||||
7 | list. If the appointing authority has reason to conclude that | ||||||
8 | the highest ranked person fails to meet the minimum standards | ||||||
9 | for the position or if the appointing authority believes an | ||||||
10 | alternate candidate would better serve the needs of the | ||||||
11 | department, then the appointing authority has the right to pass | ||||||
12 | over the highest ranked person and appoint either: (i) any | ||||||
13 | person who has a ranking in the top 5% of the register of | ||||||
14 | eligibles or (ii) any person who is among the top 5 highest | ||||||
15 | ranked persons on the list of eligibles if the number of people | ||||||
16 | who have a ranking in the top 5% of the register of eligibles | ||||||
17 | is less than 5 people. | ||||||
18 | Any candidate may pass on an appointment once without | ||||||
19 | losing his or her position on the register of eligibles. Any | ||||||
20 | candidate who passes a second time may be removed from the list | ||||||
21 | by the appointing authority provided that such action shall not | ||||||
22 | prejudice a person's opportunities to participate in future | ||||||
23 | examinations, including an examination held during the time a | ||||||
24 | candidate is already on the municipality's register of | ||||||
25 | eligibles. | ||||||
26 | The sole authority to issue certificates of appointment |
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1 | shall be vested in the Civil Service Commission. All | ||||||
2 | certificates of appointment issued to any officer or member of | ||||||
3 | an affected department shall be signed by the chairperson and | ||||||
4 | secretary, respectively, of the commission upon appointment of | ||||||
5 | such officer or member to the affected department by the | ||||||
6 | commission. After being selected from the register of eligibles | ||||||
7 | to fill a vacancy in the affected department, each appointee | ||||||
8 | shall be presented with his or her certificate of appointment | ||||||
9 | on the day on which he or she is sworn in as a classified member | ||||||
10 | of the affected department. Firefighters who were not issued a | ||||||
11 | certificate of appointment when originally appointed shall be | ||||||
12 | provided with a certificate within 10 days after making a | ||||||
13 | written request to the chairperson of the Civil Service | ||||||
14 | Commission. Each person who accepts a certificate of | ||||||
15 | appointment and successfully completes his or her probationary | ||||||
16 | period shall be enrolled as a firefighter and as a regular | ||||||
17 | member of the fire department. | ||||||
18 | For the purposes of this Section, "firefighter" means any | ||||||
19 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
20 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
21 | 97th General Assembly appointed to a fire department or fire | ||||||
22 | protection district or employed by a State university and sworn | ||||||
23 | or commissioned to perform firefighter duties or paramedic | ||||||
24 | duties, or both, except that the following persons are not | ||||||
25 | included: part-time firefighters; auxiliary, reserve, or | ||||||
26 | voluntary firefighters, including paid-on-call firefighters; |
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1 | clerks and dispatchers or other civilian employees of a fire | ||||||
2 | department or fire protection district who are not routinely | ||||||
3 | expected to perform firefighter duties; and elected officials. | ||||||
4 | (c) Qualification for placement on register of eligibles. | ||||||
5 | The purpose of establishing a register of eligibles is to | ||||||
6 | identify applicants who possess and demonstrate the mental | ||||||
7 | aptitude and physical ability to perform the duties required of | ||||||
8 | members of the fire department in order to provide the highest | ||||||
9 | quality of service to the public. To this end, all applicants | ||||||
10 | for original appointment to an affected fire department shall | ||||||
11 | be subject to examination and testing which shall be public, | ||||||
12 | competitive, and open to all applicants unless the municipality | ||||||
13 | shall by ordinance limit applicants to residents of the | ||||||
14 | municipality, county or counties in which the municipality is | ||||||
15 | located, State, or nation. Any examination and testing | ||||||
16 | procedure utilized under subsection (e) of this Section shall | ||||||
17 | be supported by appropriate validation evidence and shall | ||||||
18 | comply with all applicable State and federal laws. | ||||||
19 | Municipalities may establish educational, emergency medical | ||||||
20 | service licensure, and other prerequisites prerequites for | ||||||
21 | participation in an examination or for hire as a firefighter. | ||||||
22 | Any municipality may charge a fee to cover the costs of the | ||||||
23 | application process. | ||||||
24 | Residency requirements in effect at the time an individual | ||||||
25 | enters the fire service of a municipality cannot be made more | ||||||
26 | restrictive for that individual during his or her period of |
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1 | service for that municipality, or be made a condition of | ||||||
2 | promotion, except for the rank or position of fire chief and | ||||||
3 | for no more than 2 positions that rank immediately below that | ||||||
4 | of the chief rank which are appointed positions pursuant to the | ||||||
5 | Fire Department Promotion Act. | ||||||
6 | No person who is 35 years of age or older shall be eligible | ||||||
7 | to take an examination for a position as a firefighter unless | ||||||
8 | the person has had previous employment status as a firefighter | ||||||
9 | in the regularly constituted fire department of the | ||||||
10 | municipality, except as provided in this Section. The age | ||||||
11 | limitation does not apply to: | ||||||
12 | (1) any person previously employed as a full-time | ||||||
13 | firefighter in a regularly constituted fire department of | ||||||
14 | (i) any municipality or fire protection district located in | ||||||
15 | Illinois, (ii) a fire protection district whose | ||||||
16 | obligations were assumed by a municipality under Section 21 | ||||||
17 | of the Fire Protection District Act, or (iii) a | ||||||
18 | municipality whose obligations were taken over by a fire | ||||||
19 | protection district, | ||||||
20 | (2) any person who has served a municipality as a | ||||||
21 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
22 | firefighter for the 5 years immediately preceding the time | ||||||
23 | that the municipality begins to use full-time firefighters | ||||||
24 | to provide all or part of its fire protection service , or | ||||||
25 | (3) any person who turned 35 while serving as a member | ||||||
26 | of the active or reserve components of any of the branches |
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1 | of the Armed Forces of the United States or the National | ||||||
2 | Guard of any state, whose service was characterized as | ||||||
3 | honorable or under honorable, if separated from the | ||||||
4 | military, and is currently under the age of 40. | ||||||
5 | No person who is under 21 years of age shall be eligible | ||||||
6 | for employment as a firefighter. | ||||||
7 | No applicant shall be examined concerning his or her | ||||||
8 | political or religious opinions or affiliations. The | ||||||
9 | examinations shall be conducted by the commissioners of the | ||||||
10 | municipality or their designees and agents. | ||||||
11 | No municipality shall require that any firefighter | ||||||
12 | appointed to the lowest rank serve a probationary employment | ||||||
13 | period of longer than one year of actual active employment, | ||||||
14 | which may exclude periods of training, or injury or illness | ||||||
15 | leaves, including duty related leave, in excess of 30 calendar | ||||||
16 | days. Notwithstanding anything to the contrary in this Section, | ||||||
17 | the probationary employment period limitation may be extended | ||||||
18 | for a firefighter who is required, as a condition of | ||||||
19 | employment, to be a licensed paramedic, during which time the | ||||||
20 | sole reason that a firefighter may be discharged without a | ||||||
21 | hearing is for failing to meet the requirements for paramedic | ||||||
22 | licensure. | ||||||
23 | In the event that any applicant who has been found eligible | ||||||
24 | for appointment and whose name has been placed upon the final | ||||||
25 | eligibility register provided for in this Division 1 has not | ||||||
26 | been appointed to a firefighter position within one year after |
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1 | the date of his or her physical ability examination, the | ||||||
2 | commission may cause a second examination to be made of that | ||||||
3 | applicant's physical ability prior to his or her appointment. | ||||||
4 | If, after the second examination, the physical ability of the | ||||||
5 | applicant shall be found to be less than the minimum standard | ||||||
6 | fixed by the rules of the commission, the applicant shall not | ||||||
7 | be appointed. The applicant's name may be retained upon the | ||||||
8 | register of candidates eligible for appointment and when next | ||||||
9 | reached for certification and appointment that applicant may be | ||||||
10 | again examined as provided in this Section, and if the physical | ||||||
11 | ability of that applicant is found to be less than the minimum | ||||||
12 | standard fixed by the rules of the commission, the applicant | ||||||
13 | shall not be appointed, and the name of the applicant shall be | ||||||
14 | removed from the register. | ||||||
15 | (d) Notice, examination, and testing components. Notice of | ||||||
16 | the time, place, general scope, merit criteria for any | ||||||
17 | subjective component, and fee of every examination shall be | ||||||
18 | given by the commission, by a publication at least 2 weeks | ||||||
19 | preceding the examination: (i) in one or more newspapers | ||||||
20 | published in the municipality, or if no newspaper is published | ||||||
21 | therein, then in one or more newspapers with a general | ||||||
22 | circulation within the municipality, or (ii) on the | ||||||
23 | municipality's Internet website. Additional notice of the | ||||||
24 | examination may be given as the commission shall prescribe. | ||||||
25 | The examination and qualifying standards for employment of | ||||||
26 | firefighters shall be based on: mental aptitude, physical |
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1 | ability, preferences, moral character, and health. The mental | ||||||
2 | aptitude, physical ability, and preference components shall | ||||||
3 | determine an applicant's qualification for and placement on the | ||||||
4 | final register of eligibles. The examination may also include a | ||||||
5 | subjective component based on merit criteria as determined by | ||||||
6 | the commission. Scores from the examination must be made | ||||||
7 | available to the public. | ||||||
8 | (e) Mental aptitude. No person who does not possess at | ||||||
9 | least a high school diploma or an equivalent high school | ||||||
10 | education shall be placed on a register of eligibles. | ||||||
11 | Examination of an applicant's mental aptitude shall be based | ||||||
12 | upon a written examination. The examination shall be practical | ||||||
13 | in character and relate to those matters that fairly test the | ||||||
14 | capacity of the persons examined to discharge the duties | ||||||
15 | performed by members of a fire department. Written examinations | ||||||
16 | shall be administered in a manner that ensures the security and | ||||||
17 | accuracy of the scores achieved. | ||||||
18 | (f) Physical ability. All candidates shall be required to | ||||||
19 | undergo an examination of their physical ability to perform the | ||||||
20 | essential functions included in the duties they may be called | ||||||
21 | upon to perform as a member of a fire department. For the | ||||||
22 | purposes of this Section, essential functions of the job are | ||||||
23 | functions associated with duties that a firefighter may be | ||||||
24 | called upon to perform in response to emergency calls. The | ||||||
25 | frequency of the occurrence of those duties as part of the fire | ||||||
26 | department's regular routine shall not be a controlling factor |
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1 | in the design of examination criteria or evolutions selected | ||||||
2 | for testing. These physical examinations shall be open, | ||||||
3 | competitive, and based on industry standards designed to test | ||||||
4 | each applicant's physical abilities in the following | ||||||
5 | dimensions: | ||||||
6 | (1) Muscular strength to perform tasks and evolutions | ||||||
7 | that may be required in the performance of duties including | ||||||
8 | grip strength, leg strength, and arm strength. Tests shall | ||||||
9 | be conducted under anaerobic as well as aerobic conditions | ||||||
10 | to test both the candidate's speed and endurance in | ||||||
11 | performing tasks and evolutions. Tasks tested may be based | ||||||
12 | on standards developed, or approved, by the local | ||||||
13 | appointing authority. | ||||||
14 | (2) The ability to climb ladders, operate from heights, | ||||||
15 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
16 | and operate in proximity to hazardous environments. | ||||||
17 | (3) The ability to carry out critical, time-sensitive, | ||||||
18 | and complex problem solving during physical exertion in | ||||||
19 | stressful and hazardous environments. The testing | ||||||
20 | environment may be hot and dark with tightly enclosed | ||||||
21 | spaces, flashing lights, sirens, and other distractions. | ||||||
22 | The tests utilized to measure each applicant's
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23 | capabilities in each of these dimensions may be tests based on
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24 | industry standards currently in use or equivalent tests | ||||||
25 | approved by the Joint Labor-Management Committee of the Office | ||||||
26 | of the State Fire Marshal. |
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1 | Physical ability examinations administered under this | ||||||
2 | Section shall be conducted with a reasonable number of proctors | ||||||
3 | and monitors, open to the public, and subject to reasonable | ||||||
4 | regulations of the commission. | ||||||
5 | (g) Scoring of examination components. Appointing | ||||||
6 | authorities may create a preliminary eligibility register. A | ||||||
7 | person shall be placed on the list based upon his or her | ||||||
8 | passage of the written examination or the passage of the | ||||||
9 | written examination and the physical ability component. | ||||||
10 | Passage of the written examination means attaining the minimum | ||||||
11 | score set by the commission. Minimum scores should be set by | ||||||
12 | the commission so as to demonstrate a candidate's ability to | ||||||
13 | perform the essential functions of the job. The minimum score | ||||||
14 | set by the commission shall be supported by appropriate | ||||||
15 | validation evidence and shall comply with all applicable State | ||||||
16 | and federal laws. The appointing authority may conduct the | ||||||
17 | physical ability component and any subjective components | ||||||
18 | subsequent to the posting of the preliminary eligibility | ||||||
19 | register. | ||||||
20 | The examination components for an initial eligibility | ||||||
21 | register shall be graded on a 100-point scale. A person's | ||||||
22 | position on the list shall be determined by the following: (i)
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23 | the person's score on the written examination, (ii) the person
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24 | successfully passing the physical ability component, and (iii) | ||||||
25 | the
person's results on any subjective component as described | ||||||
26 | in
subsection (d). |
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1 | In order to qualify for placement on the final eligibility | ||||||
2 | register, an applicant's score on the written examination, | ||||||
3 | before any applicable preference points or subjective points | ||||||
4 | are applied, shall be at or above the minimum score set by the | ||||||
5 | commission. The local appointing authority may prescribe the | ||||||
6 | score to qualify for placement on the final eligibility | ||||||
7 | register, but the score shall not be less than the minimum | ||||||
8 | score set by the commission. | ||||||
9 | The commission shall prepare and keep a register of persons | ||||||
10 | whose total score is not less than the minimum score for | ||||||
11 | passage and who have passed the physical ability examination. | ||||||
12 | These persons shall take rank upon the register as candidates | ||||||
13 | in the order of their relative excellence based on the highest | ||||||
14 | to the lowest total points scored on the mental aptitude, | ||||||
15 | subjective component, and preference components of the test | ||||||
16 | administered in accordance with this Section. No more than 60 | ||||||
17 | days after each examination, an initial eligibility list shall | ||||||
18 | be posted by the commission. The list shall include the final | ||||||
19 | grades of the candidates without reference to priority of the | ||||||
20 | time of examination and subject to claim for 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 to | ||||||
2 | 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 the | ||||||
6 | military service of the United States for a period of at | ||||||
7 | 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 of | ||||||
22 | fire service or emergency medical services, or a bachelor's | ||||||
23 | degree from an accredited college or university may be | ||||||
24 | preferred for appointment to and employment with the fire | ||||||
25 | 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 applicant | ||||||
10 | may not be awarded more than 0.5 points for each complete | ||||||
11 | year of paid-on-call or part-time service. Applicants from | ||||||
12 | outside the municipality who were employed as full-time | ||||||
13 | firefighters or firefighter-paramedics by a fire | ||||||
14 | protection district or another municipality may be awarded | ||||||
15 | 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 of | ||||||
23 | years of successful paid-on-call, part-time, or full-time | ||||||
24 | service of any person. A candidate may not receive the full | ||||||
25 | amount of preference points under this subsection if the | ||||||
26 | amount of points awarded would place the candidate before a |
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1 | veteran on the eligibility list. If more than one candidate | ||||||
2 | receiving experience preference points is prevented from | ||||||
3 | receiving all of their points due to not being allowed to | ||||||
4 | pass a veteran, the candidates shall be placed on the list | ||||||
5 | below the veteran in rank order based on the totals | ||||||
6 | received if all points under this subsection were to be | ||||||
7 | awarded. Any remaining ties on the list shall be determined | ||||||
8 | 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 meet 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 10-1-14 |
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1 | of this Division and the terms established by a Joint | ||||||
2 | 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 (1) and (7.5). The number of | ||||||
23 | preference points for each category shall range from 0 to | ||||||
24 | 5, except item (7.5). In determining the number of | ||||||
25 | preference points, the commission shall prescribe that if a | ||||||
26 | candidate earns the maximum number of preference points in |
| |||||||
| |||||||
1 | all categories except item (7.5), that number may not be | ||||||
2 | 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 the | ||||||
6 | 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 for | ||||||
23 | original appointment after the names have been on the list for | ||||||
24 | more than 2 years. | ||||||
25 | (i) Moral character. No person shall be appointed to a fire | ||||||
26 | department unless he or she is a person of good character; not |
| |||||||
| |||||||
1 | 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 subsections | ||||||
9 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
10 | Criminal Code of 2012, or arrest for any cause without | ||||||
11 | conviction thereon. Any such person who is in the department | ||||||
12 | may be removed on charges brought for violating this subsection | ||||||
13 | and after a trial as hereinafter provided. | ||||||
14 | A classifiable set of the fingerprints of every person who | ||||||
15 | is offered employment as a certificated member of an affected | ||||||
16 | fire department whether with or without compensation, shall be | ||||||
17 | furnished to the Illinois Department of State Police and to the | ||||||
18 | Federal Bureau of Investigation by the commission. | ||||||
19 | Whenever a commission is authorized or required by law to | ||||||
20 | consider some aspect of criminal history record information for | ||||||
21 | the purpose of carrying out its statutory powers and | ||||||
22 | responsibilities, then, upon request and payment of fees in | ||||||
23 | conformance with the requirements of Section 2605-400 of the | ||||||
24 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
25 | the Department of State Police is authorized to furnish, | ||||||
26 | pursuant to positive identification, the information contained |
| |||||||
| |||||||
1 | in State files as is necessary to fulfill the request. | ||||||
2 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
3 | of public business, to meet extraordinary exigencies, or to | ||||||
4 | prevent material impairment of the fire department, the | ||||||
5 | commission may make temporary appointments, to remain in force | ||||||
6 | only until regular appointments are made under the provisions | ||||||
7 | of this Division, but never to exceed 60 days. No temporary | ||||||
8 | appointment of any one person shall be made more than twice in | ||||||
9 | any calendar year. | ||||||
10 | (k) A person who knowingly divulges or receives test | ||||||
11 | questions or answers before a written examination, or otherwise | ||||||
12 | knowingly violates or subverts any requirement of this Section, | ||||||
13 | commits a violation of this Section and may be subject to | ||||||
14 | charges for official misconduct. | ||||||
15 | A person who is the knowing recipient of test information | ||||||
16 | in advance of the examination shall be disqualified from the | ||||||
17 | examination or discharged from the position to which he or she | ||||||
18 | was appointed, as applicable, and otherwise subjected to | ||||||
19 | disciplinary actions.
| ||||||
20 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
21 | revised 11-26-19.)
| ||||||
22 | (65 ILCS 5/10-2.1-6.3) | ||||||
23 | Sec. 10-2.1-6.3. Original appointments; full-time fire | ||||||
24 | department. | ||||||
25 | (a) Applicability. Unless a commission elects to follow the |
| |||||||
| |||||||
1 | provisions of Section 10-2.1-6.4, this Section shall apply to | ||||||
2 | all original appointments to an affected full-time fire | ||||||
3 | department. Existing registers of eligibles shall continue to | ||||||
4 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
5 | years after August 4, 2011 ( the effective date of Public Act | ||||||
6 | 97-251) this amendatory Act of the 97th General Assembly . | ||||||
7 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
8 | to the contrary, all original appointments to an affected | ||||||
9 | department to which this Section applies shall be administered | ||||||
10 | in the manner provided for in this Section. Provisions of the | ||||||
11 | Illinois Municipal Code, municipal ordinances, and rules | ||||||
12 | adopted pursuant to such authority and other laws relating to | ||||||
13 | initial hiring of firefighters in affected departments shall | ||||||
14 | continue to apply to the extent they are compatible with this | ||||||
15 | Section, but in the event of a conflict between this Section | ||||||
16 | and any other law, this Section shall control. | ||||||
17 | A home rule or non-home rule municipality may not | ||||||
18 | administer its fire department process for original | ||||||
19 | appointments in a manner that is less stringent than this | ||||||
20 | Section. This Section is a limitation under subsection (i) of | ||||||
21 | Section 6 of Article VII of the Illinois Constitution on the | ||||||
22 | concurrent exercise by home rule units of the powers and | ||||||
23 | functions exercised by the State. | ||||||
24 | A municipality that is operating under a court order or | ||||||
25 | consent decree regarding original appointments to a full-time | ||||||
26 | fire department before August 4, 2011 ( the effective date of |
| |||||||
| |||||||
1 | Public Act 97-251) this amendatory Act of the 97th General | ||||||
2 | Assembly is exempt from the requirements of this Section for | ||||||
3 | the duration of the court order or consent decree. | ||||||
4 | Notwithstanding any other provision of this subsection | ||||||
5 | (a), this Section does not apply to a municipality with more | ||||||
6 | than 1,000,000 inhabitants. | ||||||
7 | (b) Original appointments. All original appointments made | ||||||
8 | to an affected fire department shall be made from a register of | ||||||
9 | eligibles established in accordance with the processes | ||||||
10 | established by this Section. Only persons who meet or exceed | ||||||
11 | the performance standards required by this Section shall be | ||||||
12 | placed on a register of eligibles for original appointment to | ||||||
13 | an affected fire department. | ||||||
14 | Whenever an appointing authority authorizes action to hire | ||||||
15 | a person to perform the duties of a firefighter or to hire a | ||||||
16 | firefighter-paramedic to fill a position that is a new position | ||||||
17 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
18 | granting of a disability or retirement pension, or any other | ||||||
19 | cause, the appointing authority shall appoint to that position | ||||||
20 | the person with the highest ranking on the final eligibility | ||||||
21 | list. If the appointing authority has reason to conclude that | ||||||
22 | the highest ranked person fails to meet the minimum standards | ||||||
23 | for the position or if the appointing authority believes an | ||||||
24 | alternate candidate would better serve the needs of the | ||||||
25 | department, then the appointing authority has the right to pass | ||||||
26 | over the highest ranked person and appoint either: (i) any |
| |||||||
| |||||||
1 | person who has a ranking in the top 5% of the register of | ||||||
2 | eligibles or (ii) any person who is among the top 5 highest | ||||||
3 | ranked persons on the list of eligibles if the number of people | ||||||
4 | who have a ranking in the top 5% of the register of eligibles | ||||||
5 | is less than 5 people. | ||||||
6 | Any candidate may pass on an appointment once without | ||||||
7 | losing his or her position on the register of eligibles. Any | ||||||
8 | candidate who passes a second time may be removed from the list | ||||||
9 | by the appointing authority provided that such action shall not | ||||||
10 | prejudice a person's opportunities to participate in future | ||||||
11 | examinations, including an examination held during the time a | ||||||
12 | candidate is already on the municipality's register of | ||||||
13 | eligibles. | ||||||
14 | The sole authority to issue certificates of appointment | ||||||
15 | shall be vested in the board of fire and police commissioners. | ||||||
16 | All certificates of appointment issued to any officer or member | ||||||
17 | of an affected department shall be signed by the chairperson | ||||||
18 | and secretary, respectively, of the board upon appointment of | ||||||
19 | such officer or member to the affected department by action of | ||||||
20 | the board. After being selected from the register of eligibles | ||||||
21 | to fill a vacancy in the affected department, each appointee | ||||||
22 | shall be presented with his or her certificate of appointment | ||||||
23 | on the day on which he or she is sworn in as a classified member | ||||||
24 | of the affected department. Firefighters who were not issued a | ||||||
25 | certificate of appointment when originally appointed shall be | ||||||
26 | provided with a certificate within 10 days after making a |
| |||||||
| |||||||
1 | written request to the chairperson of the board of fire and | ||||||
2 | police commissioners. Each person who accepts a certificate of | ||||||
3 | appointment and successfully completes his or her probationary | ||||||
4 | period shall be enrolled as a firefighter and as a regular | ||||||
5 | member of the fire department. | ||||||
6 | For the purposes of this Section, "firefighter" means any | ||||||
7 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
8 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
9 | 97th General Assembly appointed to a fire department or fire | ||||||
10 | protection district or employed by a State university and sworn | ||||||
11 | or commissioned to perform firefighter duties or paramedic | ||||||
12 | duties, or both, except that the following persons are not | ||||||
13 | included: part-time firefighters; auxiliary, reserve, or | ||||||
14 | voluntary firefighters, including paid-on-call firefighters; | ||||||
15 | clerks and dispatchers or other civilian employees of a fire | ||||||
16 | department or fire protection district who are not routinely | ||||||
17 | expected to perform firefighter duties; and elected officials. | ||||||
18 | (c) Qualification for placement on register of eligibles. | ||||||
19 | The purpose of establishing a register of eligibles is to | ||||||
20 | identify applicants who possess and demonstrate the mental | ||||||
21 | aptitude and physical ability to perform the duties required of | ||||||
22 | members of the fire department in order to provide the highest | ||||||
23 | quality of service to the public. To this end, all applicants | ||||||
24 | for original appointment to an affected fire department shall | ||||||
25 | be subject to examination and testing which shall be public, | ||||||
26 | competitive, and open to all applicants unless the municipality |
| |||||||
| |||||||
1 | shall by ordinance limit applicants to residents of the | ||||||
2 | municipality, county or counties in which the municipality is | ||||||
3 | located, State, or nation. Any examination and testing | ||||||
4 | procedure utilized under subsection (e) of this Section shall | ||||||
5 | be supported by appropriate validation evidence and shall | ||||||
6 | comply with all applicable State and federal laws. | ||||||
7 | Municipalities may establish educational, emergency medical | ||||||
8 | service licensure, and other prerequisites prerequites for | ||||||
9 | participation in an examination or for hire as a firefighter. | ||||||
10 | Any municipality may charge a fee to cover the costs of the | ||||||
11 | application process. | ||||||
12 | Residency requirements in effect at the time an individual | ||||||
13 | enters the fire service of a municipality cannot be made more | ||||||
14 | restrictive for that individual during his or her period of | ||||||
15 | service for that municipality, or be made a condition of | ||||||
16 | promotion, except for the rank or position of fire chief and | ||||||
17 | for no more than 2 positions that rank immediately below that | ||||||
18 | of the chief rank which are appointed positions pursuant to the | ||||||
19 | Fire Department Promotion Act. | ||||||
20 | No person who is 35 years of age or older shall be eligible | ||||||
21 | to take an examination for a position as a firefighter unless | ||||||
22 | the person has had previous employment status as a firefighter | ||||||
23 | in the regularly constituted fire department of the | ||||||
24 | municipality, except as provided in this Section. The age | ||||||
25 | limitation does not apply to: | ||||||
26 | (1) any person previously employed as a full-time |
| |||||||
| |||||||
1 | firefighter in a regularly constituted fire department of | ||||||
2 | (i) any municipality or fire protection district located in | ||||||
3 | Illinois, (ii) a fire protection district whose | ||||||
4 | obligations were assumed by a municipality under Section 21 | ||||||
5 | of the Fire Protection District Act, or (iii) a | ||||||
6 | municipality whose obligations were taken over by a fire | ||||||
7 | protection district, | ||||||
8 | (2) any person who has served a municipality as a | ||||||
9 | regularly enrolled volunteer, paid-on-call, or part-time | ||||||
10 | firefighter for the 5 years immediately preceding the time | ||||||
11 | that the municipality begins to use full-time firefighters | ||||||
12 | to provide all or part of its fire protection service , 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 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 Section, | ||||||
5 | the probationary employment period limitation may be extended | ||||||
6 | 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 eligible | ||||||
12 | for appointment and whose name has been placed upon the final | ||||||
13 | eligibility register provided for in this Section has not been | ||||||
14 | appointed to a firefighter position within one year after the | ||||||
15 | date of his or her physical ability examination, the commission | ||||||
16 | may cause a second examination to be made of that applicant's | ||||||
17 | physical ability prior to his or her appointment. If, after the | ||||||
18 | second examination, the physical ability of the applicant shall | ||||||
19 | be found to be less than the minimum standard fixed by the | ||||||
20 | rules of the commission, the applicant shall not be appointed. | ||||||
21 | The applicant's name may be retained upon the register of | ||||||
22 | candidates eligible for appointment and when next reached for | ||||||
23 | certification and appointment that applicant may be again | ||||||
24 | examined as provided in this Section, and if the physical | ||||||
25 | ability of that applicant is found to be less than the minimum | ||||||
26 | standard fixed by the rules of the commission, the applicant |
| |||||||
| |||||||
1 | shall not be appointed, and the name of the applicant shall be | ||||||
2 | removed from the register. | ||||||
3 | (d) Notice, examination, and testing components. Notice of | ||||||
4 | the time, place, general scope, merit criteria for any | ||||||
5 | subjective component, and fee of every examination shall be | ||||||
6 | given by the commission, by a publication at least 2 weeks | ||||||
7 | preceding the examination: (i) in one or more newspapers | ||||||
8 | published in the municipality, or if no newspaper is published | ||||||
9 | therein, then in one or more newspapers with a general | ||||||
10 | circulation within the municipality, or (ii) on the | ||||||
11 | municipality's Internet website. Additional notice of the | ||||||
12 | examination may be given as the commission shall prescribe. | ||||||
13 | The examination and qualifying standards for employment of | ||||||
14 | firefighters shall be based on: mental aptitude, physical | ||||||
15 | ability, preferences, moral character, and health. The mental | ||||||
16 | aptitude, physical ability, and preference components shall | ||||||
17 | determine an applicant's qualification for and placement on the | ||||||
18 | final register of eligibles. The examination may also include a | ||||||
19 | subjective component based on merit criteria as determined by | ||||||
20 | the commission. Scores from the examination must be made | ||||||
21 | available to the public. | ||||||
22 | (e) Mental aptitude. No person who does not possess at | ||||||
23 | least a high school diploma or an equivalent high school | ||||||
24 | education shall be placed on a register of eligibles. | ||||||
25 | Examination of an applicant's mental aptitude shall be based | ||||||
26 | upon a written examination. The examination shall be practical |
| |||||||
| |||||||
1 | in character and relate to those matters that fairly test the | ||||||
2 | capacity of the persons examined to discharge the duties | ||||||
3 | performed by members of a fire department. Written examinations | ||||||
4 | shall be administered in a manner that ensures the security and | ||||||
5 | accuracy of the scores achieved. | ||||||
6 | (f) Physical ability. All candidates shall be required to | ||||||
7 | undergo an examination of their physical ability to perform the | ||||||
8 | essential functions included in the duties they may be called | ||||||
9 | upon to perform as a member of a fire department. For the | ||||||
10 | purposes of this Section, essential functions of the job are | ||||||
11 | functions associated with duties that a firefighter may be | ||||||
12 | called upon to perform in response to emergency calls. The | ||||||
13 | frequency of the occurrence of those duties as part of the fire | ||||||
14 | department's regular routine shall not be a controlling factor | ||||||
15 | in the design of examination criteria or evolutions selected | ||||||
16 | for testing. These physical examinations shall be open, | ||||||
17 | competitive, and based on industry standards designed to test | ||||||
18 | each applicant's physical abilities in the following | ||||||
19 | dimensions: | ||||||
20 | (1) Muscular strength to perform tasks and evolutions | ||||||
21 | that may be required in the performance of duties including | ||||||
22 | grip strength, leg strength, and arm strength. Tests shall | ||||||
23 | be conducted under anaerobic as well as aerobic conditions | ||||||
24 | to test both the candidate's speed and endurance in | ||||||
25 | performing tasks and evolutions. Tasks tested may be based | ||||||
26 | on standards developed, or approved, by the local |
| |||||||
| |||||||
1 | appointing authority. | ||||||
2 | (2) The ability to climb ladders, operate from heights, | ||||||
3 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
4 | and operate in proximity to hazardous environments. | ||||||
5 | (3) The ability to carry out critical, time-sensitive, | ||||||
6 | and complex problem solving during physical exertion in | ||||||
7 | stressful and hazardous environments. The testing | ||||||
8 | environment may be hot and dark with tightly enclosed | ||||||
9 | spaces, flashing lights, sirens, and other distractions. | ||||||
10 | The tests utilized to measure each applicant's
| ||||||
11 | capabilities in each of these dimensions may be tests based on
| ||||||
12 | industry standards currently in use or equivalent tests | ||||||
13 | approved by the Joint Labor-Management Committee of the Office | ||||||
14 | of the State Fire Marshal. | ||||||
15 | Physical ability examinations administered under this | ||||||
16 | Section shall be conducted with a reasonable number of proctors | ||||||
17 | and monitors, open to the public, and subject to reasonable | ||||||
18 | regulations of the commission. | ||||||
19 | (g) Scoring of examination components. Appointing | ||||||
20 | authorities may create a preliminary eligibility register. A | ||||||
21 | person shall be placed on the list based upon his or her | ||||||
22 | passage of the written examination or the passage of the | ||||||
23 | written examination and the physical ability component. | ||||||
24 | Passage of the written examination means attaining the minimum | ||||||
25 | score set by the commission. Minimum scores should be set by | ||||||
26 | the commission so as to demonstrate a candidate's ability to |
| |||||||
| |||||||
1 | perform the essential functions of the job. The minimum score | ||||||
2 | set by the commission shall be supported by appropriate | ||||||
3 | validation evidence and shall comply with all applicable State | ||||||
4 | and federal laws. The appointing authority may conduct the | ||||||
5 | physical ability component and any subjective components | ||||||
6 | subsequent to the posting of the preliminary eligibility | ||||||
7 | register. | ||||||
8 | The examination components for an initial eligibility | ||||||
9 | register shall be graded on a 100-point scale. A person's | ||||||
10 | position on the list shall be determined by the following: (i)
| ||||||
11 | the person's score on the written examination, (ii) the person
| ||||||
12 | successfully passing the physical ability component, and (iii) | ||||||
13 | the
person's results on any subjective component as described | ||||||
14 | in
subsection (d). | ||||||
15 | In order to qualify for placement on the final eligibility | ||||||
16 | register, an applicant's score on the written examination, | ||||||
17 | before any applicable preference points or subjective points | ||||||
18 | are applied, shall be at or above the minimum score as set by | ||||||
19 | the commission. The local appointing authority may prescribe | ||||||
20 | the score to qualify for placement on the final eligibility | ||||||
21 | register, but the score shall not be less than the minimum | ||||||
22 | score set by the commission. | ||||||
23 | The commission shall prepare and keep a register of persons | ||||||
24 | whose total score is not less than the minimum score for | ||||||
25 | passage and who have passed the physical ability examination. | ||||||
26 | These persons shall take rank upon the register as candidates |
| |||||||
| |||||||
1 | in the order of their relative excellence based on the highest | ||||||
2 | to the lowest total points scored on the mental aptitude, | ||||||
3 | subjective component, and preference components of the test | ||||||
4 | administered in accordance with this Section. No more than 60 | ||||||
5 | days after each examination, an initial eligibility list shall | ||||||
6 | be posted by the commission. The list shall include the final | ||||||
7 | grades of the candidates without reference to priority of the | ||||||
8 | time of examination and subject to claim for preference credit. | ||||||
9 | Commissions may conduct additional examinations, including | ||||||
10 | without limitation a polygraph test, after a final eligibility | ||||||
11 | register is established and before it expires with the | ||||||
12 | candidates ranked by total score without regard to date of | ||||||
13 | examination. No more than 60 days after each examination, an | ||||||
14 | initial eligibility list shall be posted by the commission | ||||||
15 | showing the final grades of the candidates without reference to | ||||||
16 | priority of time of examination and subject to claim for | ||||||
17 | preference credit. | ||||||
18 | (h) Preferences. The following are preferences: | ||||||
19 | (1) Veteran preference. Persons who were engaged in the | ||||||
20 | military service of the United States for a period of at | ||||||
21 | least one year of active duty and who were honorably | ||||||
22 | discharged therefrom, or who are now or have been members | ||||||
23 | on inactive or reserve duty in such military or naval | ||||||
24 | service, shall be preferred for appointment to and | ||||||
25 | employment with the fire department of an affected | ||||||
26 | department. |
| |||||||
| |||||||
1 | (2) Fire cadet preference. Persons who have | ||||||
2 | successfully completed 2 years of study in fire techniques | ||||||
3 | or cadet training within a cadet program established under | ||||||
4 | the rules of the Joint Labor and Management Committee | ||||||
5 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
6 | Promotion Act, may be preferred for appointment to and | ||||||
7 | employment with the fire department. | ||||||
8 | (3) Educational preference. Persons who have | ||||||
9 | successfully obtained an associate's degree in the field of | ||||||
10 | fire service or emergency medical services, or a bachelor's | ||||||
11 | degree from an accredited college or university may be | ||||||
12 | preferred for appointment to and employment with the fire | ||||||
13 | department. | ||||||
14 | (4) Paramedic preference. Persons who have obtained a | ||||||
15 | license as a paramedic shall be preferred for appointment | ||||||
16 | to and employment with the fire department of an affected | ||||||
17 | department providing emergency medical services. | ||||||
18 | (5) Experience preference. All persons employed by a | ||||||
19 | municipality who have been paid-on-call or part-time | ||||||
20 | certified Firefighter II, State of Illinois or nationally | ||||||
21 | licensed EMT, EMT-I, A-EMT, or any combination of those | ||||||
22 | capacities shall be awarded 0.5 point for each year of | ||||||
23 | successful service in one or more of those capacities, up | ||||||
24 | to a maximum of 5 points. Certified Firefighter III and | ||||||
25 | State of Illinois or nationally licensed paramedics shall | ||||||
26 | be awarded one point per year up to a maximum of 5 points. |
| |||||||
| |||||||
1 | Applicants from outside the municipality who were employed | ||||||
2 | as full-time firefighters or firefighter-paramedics by a | ||||||
3 | fire protection district or another municipality for at | ||||||
4 | least 2 years shall be awarded 5 experience preference | ||||||
5 | points. These additional points presuppose a rating scale | ||||||
6 | totaling 100 points available for the eligibility list. If | ||||||
7 | more or fewer points are used in the rating scale for the | ||||||
8 | eligibility list, the points awarded under this subsection | ||||||
9 | shall be increased or decreased by a factor equal to the | ||||||
10 | total possible points available for the examination | ||||||
11 | divided by 100. | ||||||
12 | Upon request by the commission, the governing body of | ||||||
13 | the municipality or in the case of applicants from outside | ||||||
14 | the municipality the governing body of any fire protection | ||||||
15 | district or any other municipality shall certify to the | ||||||
16 | commission, within 10 days after the request, the number of | ||||||
17 | years of successful paid-on-call, part-time, or full-time | ||||||
18 | service of any person. A candidate may not receive the full | ||||||
19 | amount of preference points under this subsection if the | ||||||
20 | amount of points awarded would place the candidate before a | ||||||
21 | veteran on the eligibility list. If more than one candidate | ||||||
22 | receiving experience preference points is prevented from | ||||||
23 | receiving all of their points due to not being allowed to | ||||||
24 | pass a veteran, the candidates shall be placed on the list | ||||||
25 | below the veteran in rank order based on the totals | ||||||
26 | received if all points under this subsection were to be |
| |||||||
| |||||||
1 | awarded. Any remaining ties on the list shall be determined | ||||||
2 | by lot. | ||||||
3 | (6) Residency preference. Applicants whose principal | ||||||
4 | residence is located within the fire department's | ||||||
5 | jurisdiction shall be preferred for appointment to and | ||||||
6 | employment with the fire department. | ||||||
7 | (7) Additional preferences. Up to 5 additional | ||||||
8 | preference points may be awarded for unique categories | ||||||
9 | based on an applicant's experience or background as | ||||||
10 | identified by the commission. | ||||||
11 | (7.5) Apprentice preferences. A person who has | ||||||
12 | performed fire suppression service for a department as a | ||||||
13 | firefighter apprentice and otherwise meet the | ||||||
14 | qualifications for original appointment as a firefighter | ||||||
15 | specified in this Section are eligible to be awarded up to | ||||||
16 | 20 preference points. To qualify for preference points, an | ||||||
17 | applicant shall have completed a minimum of 600 hours of | ||||||
18 | fire suppression work on a regular shift for the affected | ||||||
19 | fire department over a 12-month period. The fire | ||||||
20 | suppression work must be in accordance with Section | ||||||
21 | 10-2.1-4 of this Division and the terms established by a | ||||||
22 | Joint Apprenticeship Committee included in a collective | ||||||
23 | bargaining agreement agreed between the employer and its | ||||||
24 | certified bargaining agent. An eligible applicant must | ||||||
25 | apply to the Joint Apprenticeship Committee for preference | ||||||
26 | points under this item. The Joint Apprenticeship Committee |
| |||||||
| |||||||
1 | shall evaluate the merit of the applicant's performance, | ||||||
2 | determine the preference points to be awarded, and certify | ||||||
3 | the amount of points awarded to the commissioners. The | ||||||
4 | commissioners may add the certified preference points to | ||||||
5 | the final grades achieved by the applicant on the other | ||||||
6 | components of the examination. | ||||||
7 | (8) Scoring of preferences. The commission may give | ||||||
8 | preference for original appointment
to persons designated | ||||||
9 | in item (1)
by adding to the final grade that they receive | ||||||
10 | 5 points
for the recognized preference achieved. The | ||||||
11 | commission may give preference for original appointment to | ||||||
12 | persons designated in item (7.5) by adding to the final | ||||||
13 | grade the amount of points designated by the Joint | ||||||
14 | Apprenticeship Committee as defined in item (7.5). The | ||||||
15 | commission shall determine the number of preference points | ||||||
16 | for each category, except (1) and (7.5). The number of | ||||||
17 | preference points for each category shall range from 0 to | ||||||
18 | 5, except item (7.5). In determining the number of | ||||||
19 | preference points, the commission shall prescribe that if a | ||||||
20 | candidate earns the maximum number of preference points in | ||||||
21 | all categories except item (7.5), that number may not be | ||||||
22 | less than 10 nor more than 30. The commission shall give | ||||||
23 | preference for original appointment to persons designated | ||||||
24 | in items (2) through (7) by adding the requisite number of | ||||||
25 | points to the final grade for each recognized preference | ||||||
26 | achieved. The numerical result thus attained shall be |
| |||||||
| |||||||
1 | applied by the commission in determining the final | ||||||
2 | eligibility list and appointment from the eligibility | ||||||
3 | list. The local appointing authority may prescribe the | ||||||
4 | total number of preference points awarded under this | ||||||
5 | Section, but the total number of preference points, except | ||||||
6 | item (7.5), shall not be less than 10 points or more than | ||||||
7 | 30 points. Apprentice preference points may be added in | ||||||
8 | addition to other preference points awarded by the | ||||||
9 | commission. | ||||||
10 | No person entitled to any preference shall be required to | ||||||
11 | claim the credit before any examination held under the | ||||||
12 | provisions of this Section, but the preference may be given | ||||||
13 | after the posting or publication of the initial eligibility | ||||||
14 | list or register at the request of a person entitled to a | ||||||
15 | credit before any certification or appointments are made from | ||||||
16 | the eligibility register, upon the furnishing of verifiable | ||||||
17 | evidence and proof of qualifying preference credit. Candidates | ||||||
18 | who are eligible for preference credit may make a claim in | ||||||
19 | writing within 10 days after the posting of the initial | ||||||
20 | eligibility list, or the claim may be deemed waived. Final | ||||||
21 | eligibility registers may be established after the awarding of | ||||||
22 | verified preference points. However, apprentice preference | ||||||
23 | credit earned subsequent to the establishment of the final | ||||||
24 | eligibility register may be applied to the applicant's score | ||||||
25 | upon certification by the Joint Apprenticeship Committee to the | ||||||
26 | commission and the rank order of candidates on the final |
| |||||||
| |||||||
1 | eligibility register shall be adjusted accordingly. All | ||||||
2 | employment shall be subject to the commission's initial hire | ||||||
3 | background review , including, but not limited to, criminal | ||||||
4 | history, employment history, moral character, oral | ||||||
5 | examination, and medical and psychological examinations, all | ||||||
6 | on a pass-fail basis. The medical and psychological | ||||||
7 | examinations must be conducted last, and may only be performed | ||||||
8 | after a conditional offer of employment has been extended. | ||||||
9 | Any person placed on an eligibility list who exceeds the | ||||||
10 | age requirement before being appointed to a fire department | ||||||
11 | shall remain eligible for appointment until the list is | ||||||
12 | abolished, or his or her name has been on the list for a period | ||||||
13 | of 2 years. No person who has attained the age of 35 years | ||||||
14 | shall be inducted into a fire department, except as otherwise | ||||||
15 | provided in this Section. | ||||||
16 | The commission shall strike off the names of candidates for | ||||||
17 | original appointment after the names have been on the list for | ||||||
18 | more than 2 years. | ||||||
19 | (i) Moral character. No person shall be appointed to a fire | ||||||
20 | department unless he or she is a person of good character; not | ||||||
21 | a habitual drunkard, a gambler, or a person who has been | ||||||
22 | convicted of a felony or a crime involving moral turpitude. | ||||||
23 | However, no person shall be disqualified from appointment to | ||||||
24 | the fire department because of the person's record of | ||||||
25 | misdemeanor convictions except those under Sections 11-6, | ||||||
26 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
| |||||||
| |||||||
1 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
2 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
3 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
4 | Criminal Code of 2012, or arrest for any cause without | ||||||
5 | conviction thereon. Any such person who is in the department | ||||||
6 | may be removed on charges brought for violating this subsection | ||||||
7 | and after a trial as hereinafter provided. | ||||||
8 | A classifiable set of the fingerprints of every person who | ||||||
9 | is offered employment as a certificated member of an affected | ||||||
10 | fire department whether with or without compensation, shall be | ||||||
11 | furnished to the Illinois Department of State Police and to the | ||||||
12 | Federal Bureau of Investigation by the commission. | ||||||
13 | Whenever a commission is authorized or required by law to | ||||||
14 | consider some aspect of criminal history record information for | ||||||
15 | the purpose of carrying out its statutory powers and | ||||||
16 | responsibilities, then, upon request and payment of fees in | ||||||
17 | conformance with the requirements of Section 2605-400 of the | ||||||
18 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
19 | the Department of State Police is authorized to furnish, | ||||||
20 | pursuant to positive identification, the information contained | ||||||
21 | in State files as is necessary to fulfill the request. | ||||||
22 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
23 | of public business, to meet extraordinary exigencies, or to | ||||||
24 | prevent material impairment of the fire department, the | ||||||
25 | commission may make temporary appointments, to remain in force | ||||||
26 | only until regular appointments are made under the provisions |
| |||||||
| |||||||
1 | of this Division, but never to exceed 60 days. No temporary | ||||||
2 | appointment of any one person shall be made more than twice in | ||||||
3 | any calendar year. | ||||||
4 | (k) A person who knowingly divulges or receives test | ||||||
5 | questions or answers before a written examination, or otherwise | ||||||
6 | knowingly violates or subverts any requirement of this Section, | ||||||
7 | commits a violation of this Section and may be subject to | ||||||
8 | charges for official misconduct. | ||||||
9 | A person who is the knowing recipient of test information | ||||||
10 | in advance of the examination shall be disqualified from the | ||||||
11 | examination or discharged from the position to which he or she | ||||||
12 | was appointed, as applicable, and otherwise subjected to | ||||||
13 | disciplinary actions.
| ||||||
14 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
15 | revised 11-26-19.)
| ||||||
16 | Section 10. The Fire Protection District Act is amended by | ||||||
17 | changing Section 16.06b as follows:
| ||||||
18 | (70 ILCS 705/16.06b) | ||||||
19 | Sec. 16.06b. Original appointments; full-time fire | ||||||
20 | department. | ||||||
21 | (a) Applicability. Unless a commission elects to follow the | ||||||
22 | provisions of Section 16.06c, this Section shall apply to all | ||||||
23 | original appointments to an affected full-time fire | ||||||
24 | department. Existing registers of eligibles shall continue to |
| |||||||
| |||||||
1 | be valid until their expiration dates, or up to a maximum of 2 | ||||||
2 | years after August 4, 2011 ( the effective date of Public Act | ||||||
3 | 97-251) this amendatory Act of the 97th General Assembly . | ||||||
4 | Notwithstanding any statute, ordinance, rule, or other law | ||||||
5 | to the contrary, all original appointments to an affected | ||||||
6 | department to which this Section applies shall be administered | ||||||
7 | in a no less stringent manner than the manner provided for in | ||||||
8 | this Section. Provisions of the Illinois Municipal Code, Fire | ||||||
9 | Protection District Act, fire district ordinances, and rules | ||||||
10 | adopted pursuant to such authority and other laws relating to | ||||||
11 | initial hiring of firefighters in affected departments shall | ||||||
12 | continue to apply to the extent they are compatible with this | ||||||
13 | Section, but in the event of a conflict between this Section | ||||||
14 | and any other law, this Section shall control. | ||||||
15 | A fire protection district that is operating under a court | ||||||
16 | order or consent decree regarding original appointments to a | ||||||
17 | full-time fire department before August 4, 2011 ( the effective | ||||||
18 | date of Public Act 97-251) this amendatory Act of the 97th | ||||||
19 | General Assembly is exempt from the requirements of this | ||||||
20 | Section for the duration of the court order or consent decree. | ||||||
21 | (b) Original appointments. All original appointments made | ||||||
22 | to an affected fire department shall be made from a register of | ||||||
23 | eligibles established in accordance with the processes | ||||||
24 | required by this Section. Only persons who meet or exceed the | ||||||
25 | performance standards required by the Section shall be placed | ||||||
26 | on a register of eligibles for original appointment to an |
| |||||||
| |||||||
1 | affected fire department. | ||||||
2 | Whenever an appointing authority authorizes action to hire | ||||||
3 | a person to perform the duties of a firefighter or to hire a | ||||||
4 | firefighter-paramedic to fill a position that is a new position | ||||||
5 | or vacancy due to resignation, discharge, promotion, death, the | ||||||
6 | granting of a disability or retirement pension, or any other | ||||||
7 | cause, the appointing authority shall appoint to that position | ||||||
8 | the person with the highest ranking on the final eligibility | ||||||
9 | list. If the appointing authority has reason to conclude that | ||||||
10 | the highest ranked person fails to meet the minimum standards | ||||||
11 | for the position or if the appointing authority believes an | ||||||
12 | alternate candidate would better serve the needs of the | ||||||
13 | department, then the appointing authority has the right to pass | ||||||
14 | over the highest ranked person and appoint either: (i) any | ||||||
15 | person who has a ranking in the top 5% of the register of | ||||||
16 | eligibles or (ii) any person who is among the top 5 highest | ||||||
17 | ranked persons on the list of eligibles if the number of people | ||||||
18 | who have a ranking in the top 5% of the register of eligibles | ||||||
19 | is less than 5 people. | ||||||
20 | Any candidate may pass on an appointment once without | ||||||
21 | losing his or her position on the register of eligibles. Any | ||||||
22 | candidate who passes a second time may be removed from the list | ||||||
23 | by the appointing authority provided that such action shall not | ||||||
24 | prejudice a person's opportunities to participate in future | ||||||
25 | examinations, including an examination held during the time a | ||||||
26 | candidate is already on the fire district's register of |
| |||||||
| |||||||
1 | eligibles. | ||||||
2 | The sole authority to issue certificates of appointment | ||||||
3 | shall be vested in the board of fire commissioners, or board of | ||||||
4 | trustees serving in the capacity of a board of fire | ||||||
5 | commissioners. All certificates of appointment issued to any | ||||||
6 | officer or member of an affected department shall be signed by | ||||||
7 | the chairperson and secretary, respectively, of the commission | ||||||
8 | upon appointment of such officer or member to the affected | ||||||
9 | department by action of the commission. After being selected | ||||||
10 | from the register of eligibles to fill a vacancy in the | ||||||
11 | affected department, each appointee shall be presented with his | ||||||
12 | or her certificate of appointment on the day on which he or she | ||||||
13 | is sworn in as a classified member of the affected department. | ||||||
14 | Firefighters who were not issued a certificate of appointment | ||||||
15 | when originally appointed shall be provided with a certificate | ||||||
16 | within 10 days after making a written request to the | ||||||
17 | chairperson of the board of fire commissioners, or board of | ||||||
18 | trustees serving in the capacity of a board of fire | ||||||
19 | commissioners. Each person who accepts a certificate of | ||||||
20 | appointment and successfully completes his or her probationary | ||||||
21 | period shall be enrolled as a firefighter and as a regular | ||||||
22 | member of the fire department. | ||||||
23 | For the purposes of this Section, "firefighter" means any | ||||||
24 | person who has been prior to, on, or after August 4, 2011 ( the | ||||||
25 | effective date of Public Act 97-251) this amendatory Act of the | ||||||
26 | 97th General Assembly appointed to a fire department or fire |
| |||||||
| |||||||
1 | protection district or employed by a State university and sworn | ||||||
2 | or commissioned to perform firefighter duties or paramedic | ||||||
3 | duties, or both, except that the following persons are not | ||||||
4 | included: part-time firefighters; auxiliary, reserve, or | ||||||
5 | voluntary firefighters, including paid-on-call firefighters; | ||||||
6 | clerks and dispatchers or other civilian employees of a fire | ||||||
7 | department or fire protection district who are not routinely | ||||||
8 | expected to perform firefighter duties; and elected officials. | ||||||
9 | (c) Qualification for placement on register of eligibles. | ||||||
10 | The purpose of establishing a register of eligibles is to | ||||||
11 | identify applicants who possess and demonstrate the mental | ||||||
12 | aptitude and physical ability to perform the duties required of | ||||||
13 | members of the fire department in order to provide the highest | ||||||
14 | quality of service to the public. To this end, all applicants | ||||||
15 | for original appointment to an affected fire department shall | ||||||
16 | be subject to examination and testing which shall be public, | ||||||
17 | competitive, and open to all applicants unless the district | ||||||
18 | shall by ordinance limit applicants to residents of the | ||||||
19 | district, county or counties in which the district is located, | ||||||
20 | State, or nation. Any examination and testing procedure | ||||||
21 | utilized under subsection (e) of this Section shall be | ||||||
22 | supported by appropriate validation evidence and shall comply | ||||||
23 | with all applicable State and federal laws. Districts may | ||||||
24 | establish educational, emergency medical service licensure, | ||||||
25 | and other prerequisites prerequites for participation in an | ||||||
26 | examination or for hire as a firefighter. Any fire protection |
| |||||||
| |||||||
1 | district may charge a fee to cover the costs of the application | ||||||
2 | process. | ||||||
3 | Residency requirements in effect at the time an individual | ||||||
4 | enters the fire service of a district cannot be made more | ||||||
5 | restrictive for that individual during his or her period of | ||||||
6 | service for that district, or be made a condition of promotion, | ||||||
7 | except for the rank or position of fire chief and for no more | ||||||
8 | than 2 positions that rank immediately below that of the chief | ||||||
9 | rank which are appointed positions pursuant to the Fire | ||||||
10 | Department Promotion Act. | ||||||
11 | No person who is 35 years of age or older shall be eligible | ||||||
12 | to take an examination for a position as a firefighter unless | ||||||
13 | the person has had previous employment status as a firefighter | ||||||
14 | in the regularly constituted fire department of the district, | ||||||
15 | except as provided in this Section. The age limitation does not | ||||||
16 | apply to: | ||||||
17 | (1) any person previously employed as a full-time | ||||||
18 | firefighter in a regularly constituted fire department of | ||||||
19 | (i) any municipality or fire protection district located in | ||||||
20 | Illinois, (ii) a fire protection district whose | ||||||
21 | obligations were assumed by a municipality under Section 21 | ||||||
22 | of the Fire Protection District Act, or (iii) a | ||||||
23 | municipality whose obligations were taken over by a fire | ||||||
24 | protection district; | ||||||
25 | (2) any person who has served a fire district as a | ||||||
26 | regularly enrolled volunteer, paid-on-call, or part-time |
| |||||||
| |||||||
1 | firefighter for the 5 years immediately preceding the time | ||||||
2 | that the district begins to use full-time firefighters to | ||||||
3 | provide all or part of its fire protection service ; or | ||||||
4 | (3) any person who turned 35 while serving as a member | ||||||
5 | of the active or reserve components of any of the branches | ||||||
6 | of the Armed Forces of the United States or the National | ||||||
7 | Guard of any state, whose service was characterized as | ||||||
8 | honorable or under honorable, if separated from the | ||||||
9 | military, and is currently under the age of 40. | ||||||
10 | No person who is under 21 years of age shall be eligible | ||||||
11 | for employment as a firefighter. | ||||||
12 | No applicant shall be examined concerning his or her | ||||||
13 | political or religious opinions or affiliations. The | ||||||
14 | examinations shall be conducted by the commissioners of the | ||||||
15 | district or their designees and agents. | ||||||
16 | No district shall require that any firefighter appointed to | ||||||
17 | the lowest rank serve a probationary employment period of | ||||||
18 | longer than one year of actual active employment, which may | ||||||
19 | exclude periods of training, or injury or illness leaves, | ||||||
20 | including duty related leave, in excess of 30 calendar days. | ||||||
21 | Notwithstanding anything to the contrary in this Section, the | ||||||
22 | probationary employment period limitation may be extended for a | ||||||
23 | firefighter who is required, as a condition of employment, to | ||||||
24 | be a licensed paramedic, during which time the sole reason that | ||||||
25 | a firefighter may be discharged without a hearing is for | ||||||
26 | failing to meet the requirements for paramedic licensure. |
| |||||||
| |||||||
1 | In the event that any applicant who has been found eligible | ||||||
2 | for appointment and whose name has been placed upon the final | ||||||
3 | eligibility register provided for in this Section has not been | ||||||
4 | appointed to a firefighter position within one year after the | ||||||
5 | date of his or her physical ability examination, the commission | ||||||
6 | may cause a second examination to be made of that applicant's | ||||||
7 | physical ability prior to his or her appointment. If, after the | ||||||
8 | second examination, the physical ability of the applicant shall | ||||||
9 | be found to be less than the minimum standard fixed by the | ||||||
10 | rules of the commission, the applicant shall not be appointed. | ||||||
11 | The applicant's name may be retained upon the register of | ||||||
12 | candidates eligible for appointment and when next reached for | ||||||
13 | certification and appointment that applicant may be again | ||||||
14 | examined as provided in this Section, and if the physical | ||||||
15 | ability of that applicant is found to be less than the minimum | ||||||
16 | standard fixed by the rules of the commission, the applicant | ||||||
17 | shall not be appointed, and the name of the applicant shall be | ||||||
18 | removed from the register. | ||||||
19 | (d) Notice, examination, and testing components. Notice of | ||||||
20 | the time, place, general scope, merit criteria for any | ||||||
21 | subjective component, and fee of every examination shall be | ||||||
22 | given by the commission, by a publication at least 2 weeks | ||||||
23 | preceding the examination: (i) in one or more newspapers | ||||||
24 | published in the district, or if no newspaper is published | ||||||
25 | therein, then in one or more newspapers with a general | ||||||
26 | circulation within the district, or (ii) on the fire protection |
| |||||||
| |||||||
1 | district's Internet website. Additional notice of the | ||||||
2 | examination may be given as the commission shall prescribe. | ||||||
3 | The examination and qualifying standards for employment of | ||||||
4 | firefighters shall be based on: mental aptitude, physical | ||||||
5 | ability, preferences, moral character, and health. The mental | ||||||
6 | aptitude, physical ability, and preference components shall | ||||||
7 | determine an applicant's qualification for and placement on the | ||||||
8 | final register of eligibles. The examination may also include a | ||||||
9 | subjective component based on merit criteria as determined by | ||||||
10 | the commission. Scores from the examination must be made | ||||||
11 | available to the public. | ||||||
12 | (e) Mental aptitude. No person who does not possess at | ||||||
13 | least a high school diploma or an equivalent high school | ||||||
14 | education shall be placed on a register of eligibles. | ||||||
15 | Examination of an applicant's mental aptitude shall be based | ||||||
16 | upon a written examination. The examination shall be practical | ||||||
17 | in character and relate to those matters that fairly test the | ||||||
18 | capacity of the persons examined to discharge the duties | ||||||
19 | performed by members of a fire department. Written examinations | ||||||
20 | shall be administered in a manner that ensures the security and | ||||||
21 | accuracy of the scores achieved. | ||||||
22 | (f) Physical ability. All candidates shall be required to | ||||||
23 | undergo an examination of their physical ability to perform the | ||||||
24 | essential functions included in the duties they may be called | ||||||
25 | upon to perform as a member of a fire department. For the | ||||||
26 | purposes of this Section, essential functions of the job are |
| |||||||
| |||||||
1 | functions associated with duties that a firefighter may be | ||||||
2 | called upon to perform in response to emergency calls. The | ||||||
3 | frequency of the occurrence of those duties as part of the fire | ||||||
4 | department's regular routine shall not be a controlling factor | ||||||
5 | in the design of examination criteria or evolutions selected | ||||||
6 | for testing. These physical examinations shall be open, | ||||||
7 | competitive, and based on industry standards designed to test | ||||||
8 | each applicant's physical abilities in the following | ||||||
9 | dimensions: | ||||||
10 | (1) Muscular strength to perform tasks and evolutions | ||||||
11 | that may be required in the performance of duties including | ||||||
12 | grip strength, leg strength, and arm strength. Tests shall | ||||||
13 | be conducted under anaerobic as well as aerobic conditions | ||||||
14 | to test both the candidate's speed and endurance in | ||||||
15 | performing tasks and evolutions. Tasks tested may be based | ||||||
16 | on standards developed, or approved, by the local | ||||||
17 | appointing authority. | ||||||
18 | (2) The ability to climb ladders, operate from heights, | ||||||
19 | walk or crawl in the dark along narrow and uneven surfaces, | ||||||
20 | and operate in proximity to hazardous environments. | ||||||
21 | (3) The ability to carry out critical, time-sensitive, | ||||||
22 | and complex problem solving during physical exertion in | ||||||
23 | stressful and hazardous environments. The testing | ||||||
24 | environment may be hot and dark with tightly enclosed | ||||||
25 | spaces, flashing lights, sirens, and other distractions. | ||||||
26 | The tests utilized to measure each applicant's
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1 | capabilities in each of these dimensions may be tests based on
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2 | industry standards currently in use or equivalent tests | ||||||
3 | approved by the Joint Labor-Management Committee of the Office | ||||||
4 | of the State Fire Marshal. | ||||||
5 | Physical ability examinations administered under this | ||||||
6 | Section shall be conducted with a reasonable number of proctors | ||||||
7 | and monitors, open to the public, and subject to reasonable | ||||||
8 | regulations of the commission. | ||||||
9 | (g) Scoring of examination components. Appointing | ||||||
10 | authorities may create a preliminary eligibility register. A | ||||||
11 | person shall be placed on the list based upon his or her | ||||||
12 | passage of the written examination or the passage of the | ||||||
13 | written examination and the physical ability component. | ||||||
14 | Passage of the written examination means attaining the minimum | ||||||
15 | score set by the commission. Minimum scores should be set by | ||||||
16 | the appointing authorities so as to demonstrate a candidate's | ||||||
17 | ability to perform the essential functions of the job. The | ||||||
18 | minimum score set by the commission shall be supported by | ||||||
19 | appropriate validation evidence and shall comply with all | ||||||
20 | applicable State and federal laws. The appointing authority may | ||||||
21 | conduct the physical ability component and any subjective | ||||||
22 | components subsequent to the posting of the preliminary | ||||||
23 | eligibility register. | ||||||
24 | The examination components for an initial eligibility | ||||||
25 | register shall be graded on a 100-point scale. A person's | ||||||
26 | position on the list shall be determined by the following: (i)
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1 | the person's score on the written examination, (ii) the person
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2 | successfully passing the physical ability component, and (iii) | ||||||
3 | the
person's results on any subjective component as described | ||||||
4 | in
subsection (d). | ||||||
5 | In order to qualify for placement on the final eligibility | ||||||
6 | register, an applicant's score on the written examination, | ||||||
7 | before any applicable preference points or subjective points | ||||||
8 | are applied, shall be at or above the minimum score set by the | ||||||
9 | commission. The local appointing authority may prescribe the | ||||||
10 | score to qualify for placement on the final eligibility | ||||||
11 | register, but the score shall not be less than the minimum | ||||||
12 | score set by the commission. | ||||||
13 | The commission shall prepare and keep a register of persons | ||||||
14 | whose total score is not less than the minimum score for | ||||||
15 | passage and who have passed the physical ability examination. | ||||||
16 | These persons shall take rank upon the register as candidates | ||||||
17 | in the order of their relative excellence based on the highest | ||||||
18 | to the lowest total points scored on the mental aptitude, | ||||||
19 | subjective component, and preference components of the test | ||||||
20 | administered in accordance with this Section. No more than 60 | ||||||
21 | days after each examination, an initial eligibility list shall | ||||||
22 | be posted by the commission. The list shall include the final | ||||||
23 | grades of the candidates without reference to priority of the | ||||||
24 | time of examination and subject to claim for preference credit. | ||||||
25 | Commissions may conduct additional examinations, including | ||||||
26 | without limitation a polygraph test, after a final eligibility |
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1 | register is established and before it expires with the | ||||||
2 | candidates ranked by total score without regard to date of | ||||||
3 | examination. No more than 60 days after each examination, an | ||||||
4 | initial eligibility list shall be posted by the commission | ||||||
5 | showing the final grades of the candidates without reference to | ||||||
6 | priority of time of examination and subject to claim for | ||||||
7 | preference credit. | ||||||
8 | (h) Preferences. The following are preferences: | ||||||
9 | (1) Veteran preference. Persons who were engaged in the | ||||||
10 | military service of the United States for a period of at | ||||||
11 | least one year of active duty and who were honorably | ||||||
12 | discharged therefrom, or who are now or have been members | ||||||
13 | on inactive or reserve duty in such military or naval | ||||||
14 | service, shall be preferred for appointment to and | ||||||
15 | employment with the fire department of an affected | ||||||
16 | department. | ||||||
17 | (2) Fire cadet preference. Persons who have | ||||||
18 | successfully completed 2 years of study in fire techniques | ||||||
19 | or cadet training within a cadet program established under | ||||||
20 | the rules of the Joint Labor and Management Committee | ||||||
21 | (JLMC), as defined in Section 50 of the Fire Department | ||||||
22 | Promotion Act, may be preferred for appointment to and | ||||||
23 | employment with the fire department. | ||||||
24 | (3) Educational preference. Persons who have | ||||||
25 | successfully obtained an associate's degree in the field of | ||||||
26 | fire service or emergency medical services, or a bachelor's |
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1 | degree from an accredited college or university may be | ||||||
2 | preferred for appointment to and employment with the fire | ||||||
3 | department. | ||||||
4 | (4) Paramedic preference. Persons who have obtained a | ||||||
5 | license as a paramedic may be preferred for appointment to | ||||||
6 | and employment with the fire department of an affected | ||||||
7 | department providing emergency medical services. | ||||||
8 | (5) Experience preference. All persons employed by a | ||||||
9 | district who have been paid-on-call or part-time certified | ||||||
10 | Firefighter II, certified Firefighter III, State of | ||||||
11 | Illinois or nationally licensed EMT, EMT-I, A-EMT, or | ||||||
12 | paramedic, or any combination of those capacities may be | ||||||
13 | awarded up to a maximum of 5 points. However, the applicant | ||||||
14 | may not be awarded more than 0.5 points for each complete | ||||||
15 | year of paid-on-call or part-time service. Applicants from | ||||||
16 | outside the district who were employed as full-time | ||||||
17 | firefighters or firefighter-paramedics by a fire | ||||||
18 | protection district or municipality for at least 2 years | ||||||
19 | may be awarded up to 5 experience preference points. | ||||||
20 | However, the applicant may not be awarded more than one | ||||||
21 | point for each complete year of full-time service. | ||||||
22 | Upon request by the commission, the governing body of | ||||||
23 | the district or in the case of applicants from outside the | ||||||
24 | district the governing body of any other fire protection | ||||||
25 | district or any municipality shall certify to the | ||||||
26 | commission, within 10 days after the request, the number of |
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| |||||||
1 | years of successful paid-on-call, part-time, or full-time | ||||||
2 | service of any person. A candidate may not receive the full | ||||||
3 | amount of preference points under this subsection if the | ||||||
4 | amount of points awarded would place the candidate before a | ||||||
5 | veteran on the eligibility list. If more than one candidate | ||||||
6 | receiving experience preference points is prevented from | ||||||
7 | receiving all of their points due to not being allowed to | ||||||
8 | pass a veteran, the candidates shall be placed on the list | ||||||
9 | below the veteran in rank order based on the totals | ||||||
10 | received if all points under this subsection were to be | ||||||
11 | awarded. Any remaining ties on the list shall be determined | ||||||
12 | by lot. | ||||||
13 | (6) Residency preference. Applicants whose principal | ||||||
14 | residence is located within the fire department's | ||||||
15 | jurisdiction may be preferred for appointment to and | ||||||
16 | employment with the fire department. | ||||||
17 | (7) Additional preferences. Up to 5 additional | ||||||
18 | preference points may be awarded for unique categories | ||||||
19 | based on an applicant's experience or background as | ||||||
20 | identified by the commission. | ||||||
21 | (7.5) Apprentice preferences. A person who has | ||||||
22 | performed fire suppression service for a department as a | ||||||
23 | firefighter apprentice and otherwise meet the | ||||||
24 | qualifications for original appointment as a firefighter | ||||||
25 | specified in this Section are eligible to be awarded up to | ||||||
26 | 20 preference points. To qualify for preference points, an |
| |||||||
| |||||||
1 | applicant shall have completed a minimum of 600 hours of | ||||||
2 | fire suppression work on a regular shift for the affected | ||||||
3 | fire department over a 12-month period. The fire | ||||||
4 | suppression work must be in accordance with Section 16.06 | ||||||
5 | of this Act and the terms established by a Joint | ||||||
6 | Apprenticeship Committee included in a collective | ||||||
7 | bargaining agreement agreed between the employer and its | ||||||
8 | certified bargaining agent. An eligible applicant must | ||||||
9 | apply to the Joint Apprenticeship Committee for preference | ||||||
10 | points under this item. The Joint Apprenticeship Committee | ||||||
11 | shall evaluate the merit of the applicant's performance, | ||||||
12 | determine the preference points to be awarded, and certify | ||||||
13 | the amount of points awarded to the commissioners. The | ||||||
14 | commissioners may add the certified preference points to | ||||||
15 | the final grades achieved by the applicant on the other | ||||||
16 | components of the examination. | ||||||
17 | (8) Scoring of preferences. The
commission shall give | ||||||
18 | preference for original appointment
to persons designated | ||||||
19 | in item (1)
by adding to the final grade that they receive | ||||||
20 | 5 points
for the recognized preference achieved. The | ||||||
21 | commission may give preference for original appointment to | ||||||
22 | persons designated in item (7.5) by adding to the final | ||||||
23 | grade the amount of points designated by the Joint | ||||||
24 | Apprenticeship Committee as defined in item (7.5). The | ||||||
25 | commission shall determine the number of preference points | ||||||
26 | for each category, except (1) and (7.5). The number of |
| |||||||
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1 | preference points for each category shall range from 0 to | ||||||
2 | 5, except item (7.5). In determining the number of | ||||||
3 | preference points, the commission shall prescribe that if a | ||||||
4 | candidate earns the maximum number of preference points in | ||||||
5 | all categories except item (7.5), that number may not be | ||||||
6 | less than 10 nor more than 30. The commission shall give | ||||||
7 | preference for original appointment to persons designated | ||||||
8 | in items (2) through (7) by adding the requisite number of | ||||||
9 | points to the final grade for each recognized preference | ||||||
10 | achieved. The numerical result thus attained shall be | ||||||
11 | applied by the commission in determining the final | ||||||
12 | eligibility list and appointment from the eligibility | ||||||
13 | list. The local appointing authority may prescribe the | ||||||
14 | total number of preference points awarded under this | ||||||
15 | Section, but the total number of preference points, except | ||||||
16 | item (7.5), shall not be less than 10 points or more than | ||||||
17 | 30 points. Apprentice preference points may be added in | ||||||
18 | addition to other preference points awarded by the | ||||||
19 | commission. | ||||||
20 | No person entitled to any preference shall be required to | ||||||
21 | claim the credit before any examination held under the | ||||||
22 | provisions of this Section, but the preference shall be given | ||||||
23 | after the posting or publication of the initial eligibility | ||||||
24 | list or register at the request of a person entitled to a | ||||||
25 | credit before any certification or appointments are made from | ||||||
26 | the eligibility register, upon the furnishing of verifiable |
| |||||||
| |||||||
1 | evidence and proof of qualifying preference credit. Candidates | ||||||
2 | who are eligible for preference credit shall make a claim in | ||||||
3 | writing within 10 days after the posting of the initial | ||||||
4 | eligibility list, or the claim shall be deemed waived. Final | ||||||
5 | eligibility registers shall be established after the awarding | ||||||
6 | of verified preference points. However, apprentice preference | ||||||
7 | credit earned subsequent to the establishment of the final | ||||||
8 | eligibility register may be applied to the applicant's score | ||||||
9 | upon certification by the Joint Apprenticeship Committee to the | ||||||
10 | commission and the rank order of candidates on the final | ||||||
11 | eligibility register shall be adjusted accordingly. All | ||||||
12 | employment shall be subject to the commission's initial hire | ||||||
13 | background review including, but not limited to, criminal | ||||||
14 | history, employment history, moral character, oral | ||||||
15 | examination, and medical and psychological examinations, all | ||||||
16 | on a pass-fail basis. The medical and psychological | ||||||
17 | examinations must be conducted last, and may only be performed | ||||||
18 | after a conditional offer of employment has been extended. | ||||||
19 | Any person placed on an eligibility list who exceeds the | ||||||
20 | age requirement before being appointed to a fire department | ||||||
21 | shall remain eligible for appointment until the list is | ||||||
22 | abolished, or his or her name has been on the list for a period | ||||||
23 | of 2 years. No person who has attained the age of 35 years | ||||||
24 | shall be inducted into a fire department, except as otherwise | ||||||
25 | provided in this Section. | ||||||
26 | The commission shall strike off the names of candidates for |
| |||||||
| |||||||
1 | original appointment after the names have been on the list for | ||||||
2 | more than 2 years. | ||||||
3 | (i) Moral character. No person shall be appointed to a fire | ||||||
4 | department unless he or she is a person of good character; not | ||||||
5 | a habitual drunkard, a gambler, or a person who has been | ||||||
6 | convicted of a felony or a crime involving moral turpitude. | ||||||
7 | However, no person shall be disqualified from appointment to | ||||||
8 | the fire department because of the person's record of | ||||||
9 | misdemeanor convictions except those under Sections 11-6, | ||||||
10 | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||||||
11 | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | ||||||
12 | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | ||||||
13 | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | ||||||
14 | Criminal Code of 2012, or arrest for any cause without | ||||||
15 | conviction thereon. Any such person who is in the department | ||||||
16 | may be removed on charges brought for violating this subsection | ||||||
17 | and after a trial as hereinafter provided. | ||||||
18 | A classifiable set of the fingerprints of every person who | ||||||
19 | is offered employment as a certificated member of an affected | ||||||
20 | fire department whether with or without compensation, shall be | ||||||
21 | furnished to the Illinois Department of State Police and to the | ||||||
22 | Federal Bureau of Investigation by the commission. | ||||||
23 | Whenever a commission is authorized or required by law to | ||||||
24 | consider some aspect of criminal history record information for | ||||||
25 | the purpose of carrying out its statutory powers and | ||||||
26 | responsibilities, then, upon request and payment of fees in |
| |||||||
| |||||||
1 | conformance with the requirements of Section 2605-400 of the | ||||||
2 | State Police Law of the Civil Administrative Code of Illinois, | ||||||
3 | the Department of State Police is authorized to furnish, | ||||||
4 | pursuant to positive identification, the information contained | ||||||
5 | in State files as is necessary to fulfill the request. | ||||||
6 | (j) Temporary appointments. In order to prevent a stoppage | ||||||
7 | of public business, to meet extraordinary exigencies, or to | ||||||
8 | prevent material impairment of the fire department, the | ||||||
9 | commission may make temporary appointments, to remain in force | ||||||
10 | only until regular appointments are made under the provisions | ||||||
11 | of this Section, but never to exceed 60 days. No temporary | ||||||
12 | appointment of any one person shall be made more than twice in | ||||||
13 | any calendar year. | ||||||
14 | (k) A person who knowingly divulges or receives test | ||||||
15 | questions or answers before a written examination, or otherwise | ||||||
16 | knowingly violates or subverts any requirement of this Section, | ||||||
17 | commits a violation of this Section and may be subject to | ||||||
18 | charges for official misconduct. | ||||||
19 | A person who is the knowing recipient of test information | ||||||
20 | in advance of the examination shall be disqualified from the | ||||||
21 | examination or discharged from the position to which he or she | ||||||
22 | was appointed, as applicable, and otherwise subjected to | ||||||
23 | disciplinary actions.
| ||||||
24 | (Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19; | ||||||
25 | revised 11-26-19.)
| ||||||
26 | Section 99. Effective date. This Act takes effect upon |
| |||||||
| |||||||
1 | becoming law.
|