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Public Act 098-0760
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SB2826 Enrolled | LRB098 16310 JLK 51370 b |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, |
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by |
changing Sections 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and |
10-2.1-6.4 as follows:
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(65 ILCS 5/10-1-7.1) |
Sec. 10-1-7.1. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 10-1-7.2, this Section shall apply to all |
original appointments to an affected full-time fire |
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in the manner provided for in this Section. Provisions of the |
Illinois Municipal Code, municipal ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
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continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A home rule or non-home rule municipality may not |
administer its fire department process for original |
appointments in a manner that is less stringent than this |
Section. This Section is a limitation under subsection (i) of |
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of the powers and |
functions exercised by the State. |
A municipality that is operating under a court order or |
consent decree regarding original appointments to a full-time |
fire department before the effective date of this amendatory |
Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
order or consent decree. |
Notwithstanding any other provision of this subsection |
(a), this Section does not apply to a municipality with more |
than 1,000,000 inhabitants. |
(b) Original appointments. All original appointments made |
to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
established by this Section. Only persons who meet or exceed |
the performance standards required by this Section shall be |
placed on a register of eligibles for original appointment to |
an affected fire department. |
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Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest |
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
candidate is already on the municipality's register of |
eligibles. |
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The sole authority to issue certificates of appointment |
shall be vested in the Civil Service Commission. All |
certificates of appointment issued to any officer or member of |
an affected department shall be signed by the chairperson and |
secretary, respectively, of the commission upon appointment of |
such officer or member to the affected department by the |
commission. Each person who accepts a certificate of |
appointment and successfully completes his or her probationary |
period shall be enrolled as a firefighter and as a regular |
member of the fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
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members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the municipality |
shall by ordinance limit applicants to residents of the |
municipality, county or counties in which the municipality is |
located, State, or nation. Any examination and testing |
procedure utilized under subsection (e) of this Section shall |
be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. |
Municipalities may establish educational, emergency medical |
service licensure, and other pre-requisites for participation |
in an examination or for hire as a firefighter. Any |
municipality may charge a fee to cover the costs of the |
application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a municipality cannot be made more |
restrictive for that individual during his or her period of |
service for that municipality, or be made a condition of |
promotion, except for the rank or position of fire chief and |
for no more than 2 positions that rank immediately below that |
of the chief rank which are appointed positions pursuant to the |
Fire Department Promotion Act. |
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
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the person has had previous employment status as a firefighter |
in the regularly constituted fire department of the |
municipality, except as provided in this Section. The age |
limitation does not apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a municipality as a |
regularly enrolled volunteer, paid-on-call, or part-time |
firefighter for the 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. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
municipality or their designees and agents. |
No municipality shall require that any firefighter |
appointed to the lowest rank serve a probationary employment |
period of longer than one year of actual active employment, |
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which may exclude periods of training, or injury or illness |
leaves, including duty related leave, in excess of 30 calendar |
days. Notwithstanding anything to the contrary in this Section, |
the probationary employment period limitation may be extended |
for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
hearing is for failing to meet the requirements for paramedic |
certification. |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Division 1 has not |
been appointed to a firefighter position within one year after |
the date of his or her physical ability examination, the |
commission may cause a second examination to be made of that |
applicant's physical ability prior to his or her appointment. |
If, after the second examination, the physical ability of the |
applicant shall be found to be less than the minimum standard |
fixed by the rules of the commission, the applicant shall not |
be appointed. The applicant's name may be retained upon the |
register of candidates eligible for appointment and when next |
reached for certification and appointment that applicant may be |
again examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
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removed from the register. |
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the municipality, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the municipality, or (ii) on the |
municipality's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
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capacity of the persons examined to discharge the duties |
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
on standards developed, or approved, by the local |
appointing authority. |
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(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
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capabilities in each of these dimensions may be tests based on
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industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means attaining the minimum |
score set by the commission a score that is at or above the |
median score for all applicants participating in the written |
test . Minimum scores should be set by the commission so as to |
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demonstrate a candidate's ability to perform the essential |
functions of the job. The minimum score set by the commission |
shall be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. The |
appointing authority may conduct the physical ability |
component and any subjective components subsequent to the |
posting of the preliminary eligibility register. |
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
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the person's score on the written examination, (ii) the person
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successfully passing the physical ability component, and (iii) |
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person's results on any subjective component as described |
in
subsection (d). |
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the minimum score set by the |
commission be at or above the median score . The local |
appointing authority may prescribe the score to qualify for |
placement on the final eligibility register, but the score |
shall not be less than the minimum score set by the commission |
median score . |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum score for |
passage fixed by this Section and who have passed the physical |
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ability examination. These persons shall take rank upon the |
register as candidates in the order of their relative |
excellence based on the highest to the lowest total points |
scored on the mental aptitude, subjective component, and |
preference components of the test administered in accordance |
with this Section. No more than 60 days after each examination, |
an initial eligibility list shall be posted by the commission. |
The list shall include the final grades of the candidates |
without reference to priority of the time of examination and |
subject to claim for preference credit. |
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
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employment with the fire department of an affected |
department. |
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may be preferred for appointment to and |
employment with the fire department. |
(3) Educational preference. Persons who have |
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
department. |
(4) Paramedic preference. Persons who have obtained |
certification as an Emergency Medical Technician-Paramedic |
(EMT-P) may be preferred for appointment to and employment |
with the fire department of an affected department |
providing emergency medical services. |
(5) Experience preference. All persons employed by a |
municipality who have been paid-on-call or part-time |
certified Firefighter II, certified Firefighter III, State |
of Illinois or nationally licensed EMT-B or EMT-I, licensed |
paramedic, or any combination of those capacities may be |
awarded up to a maximum of 5 points. However, the applicant |
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may not be awarded more than 0.5 points for each complete |
year of paid-on-call or part-time service. Applicants from |
outside the municipality who were employed as full-time |
firefighters or firefighter-paramedics by a fire |
protection district or another municipality may be awarded |
up to 5 experience preference points. However, the |
applicant may not be awarded more than one point for each |
complete year of full-time service. |
Upon request by the commission, the governing body of |
the municipality or in the case of applicants from outside |
the municipality the governing body of any fire protection |
district or any other municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
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residence is located within the fire department's |
jurisdiction may be preferred for appointment to and |
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The commission shall give |
preference for original appointment to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
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under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
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abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
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Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
only until regular appointments are made under the provisions |
of this Division, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
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was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
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(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.)
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(65 ILCS 5/10-1-7.2) |
Sec. 10-1-7.2. Alternative procedure; original |
appointment; full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
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(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
Persons who have participated in and received a passing |
total score on the mental aptitude, physical ability, and |
preference components of a regionally administered test |
based on the standards described in this Section. The |
standards for administering these tests and the minimum |
passing score required for placement on this list shall be |
as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order based |
upon their test scores without regard to their date of |
examination. Candidates listed on the master register of |
eligibles shall be eligible for appointment for 2 years |
after the date of the certification of their final score on |
the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non–voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to this |
Division, Division 2.1 of Article 10 of the Illinois |
Municipal Code, or the Fire Protection District Act, and |
who during the previous 24 months participated in and |
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received a passing score on the physical ability and mental |
aptitude components of the test may request that his or her |
name be added to the master register. Any eligible person |
may be offered employment by a local commission under the |
same procedures as provided by this Section except that the |
apprenticeship period may be waived and the applicant may |
be immediately issued a certificate of original |
appointment by the local commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
shall be to identify applicants who possess and demonstrate the |
mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor and |
Management Committee (JLMC) shall be subject to examination and |
testing which shall be public, competitive, and open to all |
applicants. Any examination and testing procedure utilized |
under subsection (e) of this Section shall be supported by |
appropriate validation evidence and shall comply with all |
applicable state and federal laws. Any subjective component of |
the testing must be administered by certified assessors. All |
qualifying and disqualifying factors applicable to examination |
processes for local commissions in this amendatory Act of the |
97th General Assembly shall be applicable to persons |
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participating in Joint Labor and Management Committee |
examinations unless specifically provided otherwise in this |
Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by publication at least 30 days |
preceding the examination, in one or more newspapers published |
in the region, or if no newspaper is published therein, then in |
one or more newspapers with a general circulation within the |
region. The JLMC may publish the notice on the JLMC's Internet |
website. Additional notice of the examination may be given as |
the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles and |
employment shall be based on the following components: mental |
aptitude, physical ability, preferences, moral character, and |
health. The mental aptitude, physical ability, and preference |
components shall determine an applicant's qualification for |
and placement on the master register of eligibles. The |
consideration of an applicant's general moral character and |
health shall be administered on a pass-fail basis after a |
conditional offer of employment is made by a local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
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commitment to service as a member of a fire department. Written |
examinations shall be practical in character and relate to |
those matters that fairly test the capacity of the persons |
examined to discharge the duties performed by members of a fire |
department. Written examinations shall be administered in a |
manner that ensures the security and accuracy of the scores |
achieved. Any subjective component of the testing must be |
administered by certified assessors. No person who does not |
possess a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. Local |
commissions may establish educational, emergency medical |
service licensure, and other pre-requisites for hire within |
their jurisdiction. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
|
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested are to be |
based on industry standards developed by the JLMC by rule. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
determined by the person's score on the written examination, |
the person successfully passing the physical ability |
|
component, and the addition of any applicable preference |
points. |
Applicants who have achieved at least the minimum median |
score on of all applicants participating in the written |
examination , as set by the JLMC at the same time , and who |
successfully pass the physical ability examination shall be |
placed on the initial eligibility register. Minimum scores |
should be set by the JLMC so as to demonstrate a candidate's |
ability to perform the essential functions of the job. The |
minimum score set by the JLMC shall be
supported by appropriate |
validation evidence and shall comply with all applicable state |
and federal laws. Applicable preference points shall be added |
to the written examination scores for all applicants who |
qualify for the initial eligibility register. Applicants who |
score at or above the minimum passing score as set by the JLMC |
in the top 70th percentile or higher , including any applicable |
preference points, shall be placed on the master register of |
eligibles by the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
master register of eligibles shall be posted by the JLMC |
|
showing the final grades of the candidates without reference to |
priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the scores |
from all applicants taking part in a JLMC examination. |
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
addition, a local commission may require as a condition of |
|
employment that the applicant demonstrate current physical |
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
extended. |
(j) Selection from list. Any municipality or fire |
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested for |
placement on the master register of eligibles shall be entitled |
to offer employment to any person on the list irrespective of |
their ranking on the list. The offer of employment shall be to |
the position of firefighter apprentice or |
firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
according to the terms and conditions of employment as the |
|
employing municipality or district offers, or as provided for |
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount of |
experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
shall be reduced to 2 members, one to be appointed by the chief |
|
and one by the union president, if any. If there is no |
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain the |
apprentice), the local commission shall issue the apprentice a |
certificate of original appointment to the fire department. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions. |
(l) Applicability. This Section does not apply to a |
municipality with more than 1,000,000 inhabitants.
|
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
|
(65 ILCS 5/10-2.1-6.3) |
Sec. 10-2.1-6.3. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 10-2.1-6.4, this Section shall apply to |
all original appointments to an affected full-time fire |
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in the manner provided for in this Section. Provisions of the |
Illinois Municipal Code, municipal ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A home rule or non-home rule municipality may not |
administer its fire department process for original |
appointments in a manner that is less stringent than this |
Section. This Section is a limitation under subsection (i) of |
|
Section 6 of Article VII of the Illinois Constitution on the |
concurrent exercise by home rule units of the powers and |
functions exercised by the State. |
A municipality that is operating under a court order or |
consent decree regarding original appointments to a full-time |
fire department before the effective date of this amendatory |
Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
order or consent decree. |
Notwithstanding any other provision of this subsection |
(a), this Section does not apply to a municipality with more |
than 1,000,000 inhabitants. |
(b) Original appointments. All original appointments made |
to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
established by this Section. Only persons who meet or exceed |
the performance standards required by this Section shall be |
placed on a register of eligibles for original appointment to |
an affected fire department. |
Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
|
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
eligibles or (ii) any person who is among the top 5 highest |
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
candidate is already on the municipality's register of |
eligibles. |
The sole authority to issue certificates of appointment |
shall be vested in the board of fire and police commissioners. |
All certificates of appointment issued to any officer or member |
of an affected department shall be signed by the chairperson |
and secretary, respectively, of the board upon appointment of |
such officer or member to the affected department by action of |
the board. Each person who accepts a certificate of appointment |
|
and successfully completes his or her probationary period shall |
be enrolled as a firefighter and as a regular member of the |
fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the municipality |
shall by ordinance limit applicants to residents of the |
municipality, county or counties in which the municipality is |
|
located, State, or nation. Any examination and testing |
procedure utilized under subsection (e) of this Section shall |
be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. |
Municipalities may establish educational, emergency medical |
service licensure, and other pre-requisites for participation |
in an examination or for hire as a firefighter. Any |
municipality may charge a fee to cover the costs of the |
application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a municipality cannot be made more |
restrictive for that individual during his or her period of |
service for that municipality, or be made a condition of |
promotion, except for the rank or position of fire chief and |
for no more than 2 positions that rank immediately below that |
of the chief rank which are appointed positions pursuant to the |
Fire Department Promotion Act. |
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter |
in the regularly constituted fire department of the |
municipality, except as provided in this Section. The age |
limitation does not apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
|
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a municipality as a |
regularly enrolled volunteer, paid-on-call, or part-time |
firefighter for the 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. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
municipality or their designees and agents. |
No municipality shall require that any firefighter |
appointed to the lowest rank serve a probationary employment |
period of longer than one year of actual active employment, |
which may exclude periods of training, or injury or illness |
leaves, including duty related leave, in excess of 30 calendar |
days. Notwithstanding anything to the contrary in this Section, |
the probationary employment period limitation may be extended |
for a firefighter who is required, as a condition of |
employment, to be a certified paramedic, during which time the |
sole reason that a firefighter may be discharged without a |
|
hearing is for failing to meet the requirements for paramedic |
certification. |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Section has not been |
appointed to a firefighter position within one year after the |
date of his or her physical ability examination, the commission |
may cause a second examination to be made of that applicant's |
physical ability prior to his or her appointment. If, after the |
second examination, the physical ability of the applicant shall |
be found to be less than the minimum standard fixed by the |
rules of the commission, the applicant shall not be appointed. |
The applicant's name may be retained upon the register of |
candidates eligible for appointment and when next reached for |
certification and appointment that applicant may be again |
examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
removed from the register. |
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the municipality, or if no newspaper is published |
|
therein, then in one or more newspapers with a general |
circulation within the municipality, or (ii) on the |
municipality's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
capacity of the persons examined to discharge the duties |
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
|
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
on standards developed, or approved, by the local |
appointing authority. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
|
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means attaining the minimum |
score set by the commission a score that is at or above the |
median score for all applicants participating in the written |
test . Minimum scores should be set by the commission so as to |
demonstrate a candidate's ability to perform the essential |
functions of the job. The minimum score set by the commission |
shall be supported by appropriate validation evidence and shall |
comply with all applicable state and federal laws. The |
appointing authority may conduct the physical ability |
component and any subjective components subsequent to the |
posting of the preliminary eligibility register. |
|
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
|
the person's score on the written examination, (ii) the person
|
successfully passing the physical ability component, and (iii) |
the
person's results on any subjective component as described |
in
subsection (d). |
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the minimum score as set by |
the commission median score . The local appointing authority may |
prescribe the score to qualify for placement on the final |
eligibility register, but the score shall not be less than the |
minimum score set by the commission median score . |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum score for |
passage fixed by this Section and who have passed the physical |
ability examination. These persons shall take rank upon the |
register as candidates in the order of their relative |
excellence based on the highest to the lowest total points |
scored on the mental aptitude, subjective component, and |
preference components of the test administered in accordance |
with this Section. No more than 60 days after each examination, |
an initial eligibility list shall be posted by the commission. |
The list shall include the final grades of the candidates |
|
without reference to priority of the time of examination and |
subject to claim for preference credit. |
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
employment with the fire department of an affected |
department. |
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may be preferred for appointment to and |
|
employment with the fire department. |
(3) Educational preference. Persons who have |
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
department. |
(4) Paramedic preference. Persons who have obtained |
certification as an Emergency Medical Technician-Paramedic |
(EMT-P) shall be preferred for appointment to and |
employment with the fire department of an affected |
department providing emergency medical services. |
(5) Experience preference. All persons employed by a |
municipality who have been paid-on-call or part-time |
certified Firefighter II, State of Illinois or nationally |
licensed EMT-B or EMT-I, or any combination of those |
capacities shall be awarded 0.5 point for each year of |
successful service in one or more of those capacities, up |
to a maximum of 5 points. Certified Firefighter III and |
State of Illinois or nationally licensed paramedics shall |
be awarded one point per year up to a maximum of 5 points. |
Applicants from outside the municipality who were employed |
as full-time firefighters or firefighter-paramedics by a |
fire protection district or another municipality for at |
least 2 years shall be awarded 5 experience preference |
points. These additional points presuppose a rating scale |
|
totaling 100 points available for the eligibility list. If |
more or fewer points are used in the rating scale for the |
eligibility list, the points awarded under this subsection |
shall be increased or decreased by a factor equal to the |
total possible points available for the examination |
divided by 100. |
Upon request by the commission, the governing body of |
the municipality or in the case of applicants from outside |
the municipality the governing body of any fire protection |
district or any other municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
residence is located within the fire department's |
jurisdiction shall be preferred for appointment to and |
|
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The commission shall give |
preference for original appointment
to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
|
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
|
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
|
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
only until regular appointments are made under the provisions |
of this Division, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.)
|
(65 ILCS 5/10-2.1-6.4) |
Sec. 10-2.1-6.4. Alternative procedure; original |
appointment; full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
|
Persons who have participated in and received a passing |
total score on the mental aptitude, physical ability, and |
preference components of a regionally administered test |
based on the standards described in this Section. The |
standards for administering these tests and the minimum |
passing score required for placement on this list shall be |
as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order based |
upon their test scores without regard to their date of |
examination. Candidates listed on the master register of |
eligibles shall be eligible for appointment for 2 years |
after the date of the certification of their final score on |
the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non–voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to |
Division 1 of Article 10 of the Illinois Municipal Code, |
Division 2.1 of Article 10 of the Illinois Municipal Code, |
or the Fire Protection District Act, and who during the |
previous 24 months participated in and received a passing |
score on the physical ability and mental aptitude |
|
components of the test may request that his or her name be |
added to the master register. Any eligible person may be |
offered employment by a local commission under the same |
procedures as provided by this Section except that the |
apprenticeship period may be waived and the applicant may |
be immediately issued a certificate of original |
appointment by the local commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
shall be to identify applicants who possess and demonstrate the |
mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor and |
Management Committee (JLMC) shall be subject to examination and |
testing which shall be public, competitive, and open to all |
applicants. Any examination and testing procedure utilized |
under subsection (e) of this Section shall be supported by |
appropriate validation evidence and shall comply with all |
applicable state and federal laws. Any subjective component of |
the testing must be administered by certified assessors. All |
qualifying and disqualifying factors applicable to examination |
processes for local commissions in this amendatory Act of the |
97th General Assembly shall be applicable to persons |
participating in Joint Labor and Management Committee |
|
examinations unless specifically provided otherwise in this |
Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by a publication at least 30 |
days preceding the examination, in one or more newspapers |
published in the region, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the region. The JLMC may publish the notice |
on the JLMC's Internet website. Additional notice of the |
examination may be given as the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles and |
employment shall be based on the following components: mental |
aptitude, physical ability, preferences, moral character, and |
health. The mental aptitude, physical ability, and preference |
components shall determine an applicant's qualification for |
and placement on the master register of eligibles. The |
consideration of an applicant's general moral character and |
health shall be administered on a pass-fail basis after a |
conditional offer of employment is made by a local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
commitment to service as a member of a fire department. Written |
|
examinations shall be practical in character and relate to |
those matters that fairly test the capacity of the persons |
examined to discharge the duties performed by members of a fire |
department. Written examinations shall be administered in a |
manner that ensures the security and accuracy of the scores |
achieved. Any subjective component of the testing must be |
administered by certified assessors. No person who does not |
possess a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. Local |
commissions may establish educational, emergency medical |
service licensure, and other pre-requisites for hire within |
their jurisdiction. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
dimensions: |
|
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested are to be |
based on industry standards developed by the JLMC by rule. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
determined by the person's score on the written examination, |
the person successfully passing the physical ability |
component, and the addition of any applicable preference |
|
points. |
Applicants who have achieved at least the minimum score as |
set by the JLMC median score of all applicants participating in |
the written examination at the same time , and who successfully |
pass the physical ability examination shall be placed on the |
initial eligibility register. Minimum scores should be set by |
the commission so as to demonstrate a candidate's ability to |
perform the essential functions of the job. The minimum score |
set by the commission shall be supported by appropriate |
validation evidence and shall comply with all applicable state |
and federal laws. Applicable preference points shall be added |
to the written examination scores for all applicants who |
qualify for the initial eligibility register. Applicants who |
score at or above the minimum passing score as set by the JLMC |
in the top 70th percentile or higher , including any applicable |
preference points, shall be placed on the master register of |
eligibles by the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
master register of eligibles shall be posted by the JLMC |
showing the final grades of the candidates without reference to |
|
priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the scores |
from all applicants taking part in a JLMC examination. |
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
addition, a local commission may require as a condition of |
employment that the applicant demonstrate current physical |
|
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
extended. |
(j) Selection from list. Any municipality or fire |
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested for |
placement on the master register of eligibles shall be entitled |
to offer employment to any person on the list irrespective of |
their ranking on the list. The offer of employment shall be to |
the position of firefighter apprentice or |
firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
according to the terms and conditions of employment as the |
employing municipality or district offers, or as provided for |
|
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount of |
experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
shall be reduced to 2 members, one to be appointed by the chief |
and one by the union president, if any. If there is no |
|
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain the |
apprentice), the local commission shall issue the apprentice a |
certificate of original appointment to the fire department. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions. |
(l) Applicability. This Section does not apply to a |
municipality with more than 1,000,000 inhabitants.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
|
|
Section 10. The Fire Protection District Act is amended by |
changing Sections 16.06b and 16.06c as follows:
|
(70 ILCS 705/16.06b) |
Sec. 16.06b. Original appointments; full-time fire |
department. |
(a) Applicability. Unless a commission elects to follow the |
provisions of Section 16.06c, this Section shall apply to all |
original appointments to an affected full-time fire |
department. Existing registers of eligibles shall continue to |
be valid until their expiration dates, or up to a maximum of 2 |
years after the effective date of this amendatory Act of the |
97th General Assembly. |
Notwithstanding any statute, ordinance, rule, or other law |
to the contrary, all original appointments to an affected |
department to which this Section applies shall be administered |
in a no less stringent manner than the manner provided for in |
this Section. Provisions of the Illinois Municipal Code, Fire |
Protection District Act, fire district ordinances, and rules |
adopted pursuant to such authority and other laws relating to |
initial hiring of firefighters in affected departments shall |
continue to apply to the extent they are compatible with this |
Section, but in the event of a conflict between this Section |
and any other law, this Section shall control. |
A fire protection district that is operating under a court |
|
order or consent decree regarding original appointments to a |
full-time fire department before the effective date of this |
amendatory Act of the 97th General Assembly is exempt from the |
requirements of this Section for the duration of the court |
order or consent decree. |
(b) Original appointments. All original appointments made |
to an affected fire department shall be made from a register of |
eligibles established in accordance with the processes |
required by this Section. Only persons who meet or exceed the |
performance standards required by the Section shall be placed |
on a register of eligibles for original appointment to an |
affected fire department. |
Whenever an appointing authority authorizes action to hire |
a person to perform the duties of a firefighter or to hire a |
firefighter-paramedic to fill a position that is a new position |
or vacancy due to resignation, discharge, promotion, death, the |
granting of a disability or retirement pension, or any other |
cause, the appointing authority shall appoint to that position |
the person with the highest ranking on the final eligibility |
list. If the appointing authority has reason to conclude that |
the highest ranked person fails to meet the minimum standards |
for the position or if the appointing authority believes an |
alternate candidate would better serve the needs of the |
department, then the appointing authority has the right to pass |
over the highest ranked person and appoint either: (i) any |
person who has a ranking in the top 5% of the register of |
|
eligibles or (ii) any person who is among the top 5 highest |
ranked persons on the list of eligibles if the number of people |
who have a ranking in the top 5% of the register of eligibles |
is less than 5 people. |
Any candidate may pass on an appointment once without |
losing his or her position on the register of eligibles. Any |
candidate who passes a second time may be removed from the list |
by the appointing authority provided that such action shall not |
prejudice a person's opportunities to participate in future |
examinations, including an examination held during the time a |
candidate is already on the fire district's register of |
eligibles. |
The sole authority to issue certificates of appointment |
shall be vested in the board of fire commissioners, or board of |
trustees serving in the capacity of a board of fire |
commissioners. All certificates of appointment issued to any |
officer or member of an affected department shall be signed by |
the chairperson and secretary, respectively, of the commission |
upon appointment of such officer or member to the affected |
department by action of the commission. Each person who accepts |
a certificate of appointment and successfully completes his or |
her probationary period shall be enrolled as a firefighter and |
as a regular member of the fire department. |
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
|
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(c) Qualification for placement on register of eligibles. |
The purpose of establishing a register of eligibles is to |
identify applicants who possess and demonstrate the mental |
aptitude and physical ability to perform the duties required of |
members of the fire department in order to provide the highest |
quality of service to the public. To this end, all applicants |
for original appointment to an affected fire department shall |
be subject to examination and testing which shall be public, |
competitive, and open to all applicants unless the district |
shall by ordinance limit applicants to residents of the |
district, county or counties in which the district is located, |
State, or nation. Any examination and testing procedure |
utilized under subsection (e) of this Section shall be |
supported by appropriate validation evidence and shall comply |
with all applicable state and federal laws. Districts may |
establish educational, emergency medical service licensure, |
and other pre-requisites for participation in an examination or |
|
for hire as a firefighter. Any fire protection district may |
charge a fee to cover the costs of the application process. |
Residency requirements in effect at the time an individual |
enters the fire service of a district cannot be made more |
restrictive for that individual during his or her period of |
service for that district, or be made a condition of promotion, |
except for the rank or position of fire chief and for no more |
than 2 positions that rank immediately below that of the chief |
rank which are appointed positions pursuant to the Fire |
Department Promotion Act. |
No person who is 35 years of age or older shall be eligible |
to take an examination for a position as a firefighter unless |
the person has had previous employment status as a firefighter |
in the regularly constituted fire department of the district, |
except as provided in this Section. The age limitation does not |
apply to: |
(1) any person previously employed as a full-time |
firefighter in a regularly constituted fire department of |
(i) any municipality or fire protection district located in |
Illinois, (ii) a fire protection district whose |
obligations were assumed by a municipality under Section 21 |
of the Fire Protection District Act, or (iii) a |
municipality whose obligations were taken over by a fire |
protection district, or |
(2) any person who has served a fire district as a |
regularly enrolled volunteer, paid-on-call, or part-time |
|
firefighter for the 5 years immediately preceding the time |
that the district begins to use full-time firefighters to |
provide all or part of its fire protection service. |
No person who is under 21 years of age shall be eligible |
for employment as a firefighter. |
No applicant shall be examined concerning his or her |
political or religious opinions or affiliations. The |
examinations shall be conducted by the commissioners of the |
district or their designees and agents. |
No district shall require that any firefighter appointed to |
the lowest rank serve a probationary employment period of |
longer than one year of actual active employment, which may |
exclude periods of training, or injury or illness leaves, |
including duty related leave, in excess of 30 calendar days. |
Notwithstanding anything to the contrary in this Section, the |
probationary employment period limitation may be extended for a |
firefighter who is required, as a condition of employment, to |
be a certified paramedic, during which time the sole reason |
that a firefighter may be discharged without a hearing is for |
failing to meet the requirements for paramedic certification. |
In the event that any applicant who has been found eligible |
for appointment and whose name has been placed upon the final |
eligibility register provided for in this Section has not been |
appointed to a firefighter position within one year after the |
date of his or her physical ability examination, the commission |
may cause a second examination to be made of that applicant's |
|
physical ability prior to his or her appointment. If, after the |
second examination, the physical ability of the applicant shall |
be found to be less than the minimum standard fixed by the |
rules of the commission, the applicant shall not be appointed. |
The applicant's name may be retained upon the register of |
candidates eligible for appointment and when next reached for |
certification and appointment that applicant may be again |
examined as provided in this Section, and if the physical |
ability of that applicant is found to be less than the minimum |
standard fixed by the rules of the commission, the applicant |
shall not be appointed, and the name of the applicant shall be |
removed from the register. |
(d) Notice, examination, and testing components. Notice of |
the time, place, general scope, merit criteria for any |
subjective component, and fee of every examination shall be |
given by the commission, by a publication at least 2 weeks |
preceding the examination: (i) in one or more newspapers |
published in the district, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the district, or (ii) on the fire protection |
district's Internet website. Additional notice of the |
examination may be given as the commission shall prescribe. |
The examination and qualifying standards for employment of |
firefighters shall be based on: mental aptitude, physical |
ability, preferences, moral character, and health. The mental |
aptitude, physical ability, and preference components shall |
|
determine an applicant's qualification for and placement on the |
final register of eligibles. The examination may also include a |
subjective component based on merit criteria as determined by |
the commission. Scores from the examination must be made |
available to the public. |
(e) Mental aptitude. No person who does not possess at |
least a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. |
Examination of an applicant's mental aptitude shall be based |
upon a written examination. The examination shall be practical |
in character and relate to those matters that fairly test the |
capacity of the persons examined to discharge the duties |
performed by members of a fire department. Written examinations |
shall be administered in a manner that ensures the security and |
accuracy of the scores achieved. |
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
|
competitive, and based on industry standards designed to test |
each applicant's physical abilities in the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested may be based |
on standards developed, or approved, by the local |
appointing authority. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
Physical ability examinations administered under this |
Section shall be conducted with a reasonable number of proctors |
|
and monitors, open to the public, and subject to reasonable |
regulations of the commission. |
(g) Scoring of examination components. Appointing |
authorities may create a preliminary eligibility register. A |
person shall be placed on the list based upon his or her |
passage of the written examination or the passage of the |
written examination and the physical ability component. |
Passage of the written examination means attaining the minimum |
score set by the commission a score that is at or above the |
median score for all applicants participating in the written |
test . Minimum scores should be set by the appointing |
authorities so as to demonstrate a candidate's ability to |
perform the essential functions of the job. The minimum score |
set by the commission shall be supported by appropriate |
validation evidence and shall comply with all applicable state |
and federal laws. The appointing authority may conduct the |
physical ability component and any subjective components |
subsequent to the posting of the preliminary eligibility |
register. |
The examination components for an initial eligibility |
register shall be graded on a 100-point scale. A person's |
position on the list shall be determined by the following: (i)
|
the person's score on the written examination, (ii) the person
|
successfully passing the physical ability component, and (iii) |
the
person's results on any subjective component as described |
in
subsection (d). |
|
In order to qualify for placement on the final eligibility |
register, an applicant's score on the written examination, |
before any applicable preference points or subjective points |
are applied, shall be at or above the minimum score set by the |
commission be at or above the median score . The local |
appointing authority may prescribe the score to qualify for |
placement on the final eligibility register, but the score |
shall not be less than the minimum score set by the commission |
median score . |
The commission shall prepare and keep a register of persons |
whose total score is not less than the minimum score for |
passage fixed by this Section and who have passed the physical |
ability examination. These persons shall take rank upon the |
register as candidates in the order of their relative |
excellence based on the highest to the lowest total points |
scored on the mental aptitude, subjective component, and |
preference components of the test administered in accordance |
with this Section. No more than 60 days after each examination, |
an initial eligibility list shall be posted by the commission. |
The list shall include the final grades of the candidates |
without reference to priority of the time of examination and |
subject to claim for preference credit. |
Commissions may conduct additional examinations, including |
without limitation a polygraph test, after a final eligibility |
register is established and before it expires with the |
candidates ranked by total score without regard to date of |
|
examination. No more than 60 days after each examination, an |
initial eligibility list shall be posted by the commission |
showing the final grades of the candidates without reference to |
priority of time of examination and subject to claim for |
preference credit. |
(h) Preferences. The following are preferences: |
(1) Veteran preference. Persons who were engaged in the |
military service of the United States for a period of at |
least one year of active duty and who were honorably |
discharged therefrom, or who are now or have been members |
on inactive or reserve duty in such military or naval |
service, shall be preferred for appointment to and |
employment with the fire department of an affected |
department. |
(2) Fire cadet preference. Persons who have |
successfully completed 2 years of study in fire techniques |
or cadet training within a cadet program established under |
the rules of the Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may be preferred for appointment to and |
employment with the fire department. |
(3) Educational preference. Persons who have |
successfully obtained an associate's degree in the field of |
fire service or emergency medical services, or a bachelor's |
degree from an accredited college or university may be |
preferred for appointment to and employment with the fire |
|
department. |
(4) Paramedic preference. Persons who have obtained |
certification as an Emergency Medical Technician-Paramedic |
(EMT-P) may be preferred for appointment to and employment |
with the fire department of an affected department |
providing emergency medical services. |
(5) Experience preference. All persons employed by a |
district who have been paid-on-call or part-time certified |
Firefighter II, certified Firefighter III, State of |
Illinois or nationally licensed EMT-B or EMT-I, licensed |
paramedic, or any combination of those capacities may be |
awarded up to a maximum of 5 points. However, the applicant |
may not be awarded more than 0.5 points for each complete |
year of paid-on-call or part-time service. Applicants from |
outside the district who were employed as full-time |
firefighters or firefighter-paramedics by a fire |
protection district or municipality for at least 2 years |
may be awarded up to 5 experience preference points. |
However, the applicant may not be awarded more than one |
point for each complete year of full-time service. |
Upon request by the commission, the governing body of |
the district or in the case of applicants from outside the |
district the governing body of any other fire protection |
district or any municipality shall certify to the |
commission, within 10 days after the request, the number of |
years of successful paid-on-call, part-time, or full-time |
|
service of any person. A candidate may not receive the full |
amount of preference points under this subsection if the |
amount of points awarded would place the candidate before a |
veteran on the eligibility list. If more than one candidate |
receiving experience preference points is prevented from |
receiving all of their points due to not being allowed to |
pass a veteran, the candidates shall be placed on the list |
below the veteran in rank order based on the totals |
received if all points under this subsection were to be |
awarded. Any remaining ties on the list shall be determined |
by lot. |
(6) Residency preference. Applicants whose principal |
residence is located within the fire department's |
jurisdiction may be preferred for appointment to and |
employment with the fire department. |
(7) Additional preferences. Up to 5 additional |
preference points may be awarded for unique categories |
based on an applicant's experience or background as |
identified by the commission. |
(8) Scoring of preferences. The
commission shall give |
preference for original appointment
to persons designated |
in item (1)
by adding to the final grade that they receive |
5 points
for the recognized preference achieved. The |
commission shall determine the number of preference points |
for each category except (1). The number of preference |
points for each category shall range from 0 to 5. In |
|
determining the number of preference points, the |
commission shall prescribe that if a candidate earns the |
maximum number of preference points in all categories, that |
number may not be less than 10 nor more than 30. The |
commission shall give preference for original appointment |
to persons designated in items (2) through (7) by adding |
the requisite number of points to the final grade for each |
recognized preference achieved. The numerical result thus |
attained shall be applied by the commission in determining |
the final eligibility list and appointment from the |
eligibility list. The local appointing authority may |
prescribe the total number of preference points awarded |
under this Section, but the total number of preference |
points shall not be less than 10 points or more than 30 |
points. |
No person entitled to any preference shall be required to |
claim the credit before any examination held under the |
provisions of this Section, but the preference shall be given |
after the posting or publication of the initial eligibility |
list or register at the request of a person entitled to a |
credit before any certification or appointments are made from |
the eligibility register, upon the furnishing of verifiable |
evidence and proof of qualifying preference credit. Candidates |
who are eligible for preference credit shall make a claim in |
writing within 10 days after the posting of the initial |
eligibility list, or the claim shall be deemed waived. Final |
|
eligibility registers shall be established after the awarding |
of verified preference points. All employment shall be subject |
to the commission's initial hire background review including, |
but not limited to, criminal history, employment history, moral |
character, oral examination, and medical and psychological |
examinations, all on a pass-fail basis. The medical and |
psychological examinations must be conducted last, and may only |
be performed after a conditional offer of employment has been |
extended. |
Any person placed on an eligibility list who exceeds the |
age requirement before being appointed to a fire department |
shall remain eligible for appointment until the list is |
abolished, or his or her name has been on the list for a period |
of 2 years. No person who has attained the age of 35 years |
shall be inducted into a fire department, except as otherwise |
provided in this Section. |
The commission shall strike off the names of candidates for |
original appointment after the names have been on the list for |
more than 2 years. |
(i) Moral character. No person shall be appointed to a fire |
department unless he or she is a person of good character; not |
a habitual drunkard, a gambler, or a person who has been |
convicted of a felony or a crime involving moral turpitude. |
However, no person shall be disqualified from appointment to |
the fire department because of the person's record of |
misdemeanor convictions except those under Sections 11-6, |
|
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, |
12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections |
1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the |
Criminal Code of 2012, or arrest for any cause without |
conviction thereon. Any such person who is in the department |
may be removed on charges brought for violating this subsection |
and after a trial as hereinafter provided. |
A classifiable set of the fingerprints of every person who |
is offered employment as a certificated member of an affected |
fire department whether with or without compensation, shall be |
furnished to the Illinois Department of State Police and to the |
Federal Bureau of Investigation by the commission. |
Whenever a commission is authorized or required by law to |
consider some aspect of criminal history record information for |
the purpose of carrying out its statutory powers and |
responsibilities, then, upon request and payment of fees in |
conformance with the requirements of Section 2605-400 of the |
State Police Law of the Civil Administrative Code of Illinois, |
the Department of State Police is authorized to furnish, |
pursuant to positive identification, the information contained |
in State files as is necessary to fulfill the request. |
(j) Temporary appointments. In order to prevent a stoppage |
of public business, to meet extraordinary exigencies, or to |
prevent material impairment of the fire department, the |
commission may make temporary appointments, to remain in force |
|
only until regular appointments are made under the provisions |
of this Section, but never to exceed 60 days. No temporary |
appointment of any one person shall be made more than twice in |
any calendar year. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; |
97-1150, eff. 1-25-13.)
|
(70 ILCS 705/16.06c) |
Sec. 16.06c. Alternative procedure; original appointment; |
full-time firefighter. |
(a) Authority. The Joint Labor and Management Committee |
(JLMC), as defined in Section 50 of the Fire Department |
Promotion Act, may establish a community outreach program to |
market the profession of firefighter and firefighter-paramedic |
so as to ensure the pool of applicants recruited is of broad |
diversity and the highest quality. |
|
For the purposes of this Section, "firefighter" means any |
person who has been prior to, on, or after the effective date |
of this amendatory Act of the 97th General Assembly appointed |
to a fire department or fire protection district or employed by |
a State university and sworn or commissioned to perform |
firefighter duties or paramedic duties, or both, except that |
the following persons are not included: part-time |
firefighters; auxiliary, reserve, or voluntary firefighters, |
including paid-on-call firefighters; clerks and dispatchers or |
other civilian employees of a fire department or fire |
protection district who are not routinely expected to perform |
firefighter duties; and elected officials. |
(b) Eligibility. Persons eligible for placement on the |
master register of eligibles shall consist of the following: |
Persons who have participated in and received a passing |
total score on the mental aptitude, physical ability, and |
preference components of a regionally administered test |
based on the standards described in this Section. The |
standards for administering these tests and the minimum |
passing score required for placement on this list shall be |
as is set forth in this Section. |
Qualified candidates shall be listed on the master |
register of eligibles in highest to lowest rank order based |
upon their test scores without regard to their date of |
examination. Candidates listed on the master register of |
eligibles shall be eligible for appointment for 2 years |
|
after the date of the certification of their final score on |
the register without regard to the date of their |
examination. After 2 years, the candidate's name shall be |
struck from the list. |
Any person currently employed as a full-time member of |
a fire department or any person who has experienced a |
non–voluntary (and non-disciplinary) separation from the |
active workforce due to a reduction in the number of |
departmental officers, who was appointed pursuant to |
Division 1 of Article 10 of the Illinois Municipal Code, |
Division 2.1 of Article 10 of the Illinois Municipal Code, |
or the Fire Protection District Act, and who during the |
previous 24 months participated in and received a passing |
score on the physical ability and mental aptitude |
components of the test may request that his or her name be |
added to the master register. Any eligible person may be |
offered employment by a local commission under the same |
procedures as provided by this Section except that the |
apprenticeship period may be waived and the applicant may |
be immediately issued a certificate of original |
appointment by the local commission. |
(c) Qualifications for placement on register of eligibles. |
The purpose for establishing a master register of eligibles |
shall be to identify applicants who possess and demonstrate the |
mental aptitude and physical ability to perform the duties |
required of members of the fire department in order to provide |
|
the highest quality of service to the public. To this end, all |
applicants for original appointment to an affected fire |
department through examination conducted by the Joint Labor and |
Management Committee (JLMC) shall be subject to examination and |
testing which shall be public, competitive, and open to all |
applicants. Any examination and testing procedure utilized |
under subsection (e) of this Section shall be supported by |
appropriate validation evidence and shall comply with all |
applicable state and federal laws. Any subjective component of |
the testing must be administered by certified assessors. All |
qualifying and disqualifying factors applicable to examination |
processes for local commissions in this amendatory Act of the |
97th General Assembly shall be applicable to persons |
participating in Joint Labor and Management Committee |
examinations unless specifically provided otherwise in this |
Section. |
Notice of the time, place, general scope, and fee of every |
JLMC examination shall be given by the JLMC or designated |
testing agency, as applicable, by a publication at least 30 |
days preceding the examination, in one or more newspapers |
published in the region, or if no newspaper is published |
therein, then in one or more newspapers with a general |
circulation within the region. The JLMC may publish the notice |
on the JLMC's Internet website. Additional notice of the |
examination may be given as the JLMC shall prescribe. |
(d) Examination and testing components for placement on |
|
register of eligibles. The examination and qualifying |
standards for placement on the master register of eligibles and |
employment shall be based on the following components: mental |
aptitude, physical ability, preferences, moral character, and |
health. The mental aptitude, physical ability, and preference |
components shall determine an applicant's qualification for |
and placement on the master register of eligibles. The |
consideration of an applicant's general moral character and |
health shall be administered on a pass-fail basis after a |
conditional offer of employment is made by a local commission. |
(e) Mental aptitude. Examination of an applicant's mental |
aptitude shall be based upon written examination and an |
applicant's prior experience demonstrating an aptitude for and |
commitment to service as a member of a fire department. Written |
examinations shall be practical in character and relate to |
those matters that fairly test the capacity of the persons |
examined to discharge the duties performed by members of a fire |
department. Written examinations shall be administered in a |
manner that ensures the security and accuracy of the scores |
achieved. Any subjective component of the testing must be |
administered by certified assessors. No person who does not |
possess a high school diploma or an equivalent high school |
education shall be placed on a register of eligibles. Local |
commissions may establish educational, emergency medical |
service licensure, and other pre-requisites for hire within |
their jurisdiction. |
|
(f) Physical ability. All candidates shall be required to |
undergo an examination of their physical ability to perform the |
essential functions included in the duties they may be called |
upon to perform as a member of a fire department. For the |
purposes of this Section, essential functions of the job are |
functions associated with duties that a firefighter may be |
called upon to perform in response to emergency calls. The |
frequency of the occurrence of those duties as part of the fire |
department's regular routine shall not be a controlling factor |
in the design of examination criteria or evolutions selected |
for testing. These physical examinations shall be open, |
competitive, and based on industry standards designed to test |
each applicant's physical abilities in each of the following |
dimensions: |
(1) Muscular strength to perform tasks and evolutions |
that may be required in the performance of duties including |
grip strength, leg strength, and arm strength. Tests shall |
be conducted under anaerobic as well as aerobic conditions |
to test both the candidate's speed and endurance in |
performing tasks and evolutions. Tasks tested are to be |
based on industry standards developed by the JLMC by rule. |
(2) The ability to climb ladders, operate from heights, |
walk or crawl in the dark along narrow and uneven surfaces, |
and operate in proximity to hazardous environments. |
(3) The ability to carry out critical, time-sensitive, |
and complex problem solving during physical exertion in |
|
stressful and hazardous environments. The testing |
environment may be hot and dark with tightly enclosed |
spaces, flashing lights, sirens, and other distractions. |
The tests utilized to measure each applicant's
|
capabilities in each of these dimensions may be tests based on
|
industry standards currently in use or equivalent tests |
approved by the Joint Labor-Management Committee of the Office |
of the State Fire Marshal. |
(g) Scoring of examination components. The examination |
components shall be graded on a 100-point scale. A person's |
position on the master register of eligibles shall be |
determined by the person's score on the written examination, |
the person successfully passing the physical ability |
component, and the addition of any applicable preference |
points. |
Applicants who have achieved at least the minimum score as |
set by the JLMC on median score of all applicants participating |
in the written examination at the same time , and who |
successfully pass the physical ability examination shall be |
placed on the initial eligibility register. Minimum
scores |
should be set by the JLMC so as to demonstrate a candidate's |
ability to perform the essential functions of the job. The |
minimum score set by the JLMC shall be supported by appropriate |
validation evidence and shall comply with all applicable state |
and federal laws. Applicable preference points shall be added |
to the written examination scores for all applicants who |
|
qualify for the initial eligibility register. Applicants who |
score at or above the minimum passing score as set by the JLMC |
in the top 70th percentile or higher , including any applicable |
preference points, shall be placed on the master register of |
eligibles by the JLMC. |
These persons shall take rank upon the register as |
candidates in the order of their relative excellence based on |
the highest to the lowest total points scored on the mental |
aptitude and physical ability components, plus any applicable |
preference points requested and verified by the JLMC, or |
approved testing agency. |
No more than 60 days after each examination, a revised |
master register of eligibles shall be posted by the JLMC |
showing the final grades of the candidates without reference to |
priority of time of examination. |
(h) Preferences. The board shall give military, education, |
and experience preference points to those who qualify for |
placement on the master register of eligibles, on the same |
basis as provided for examinations administered by a local |
commission. |
No person entitled to preference or credit shall be |
required to claim the credit before any examination held under |
the provisions of this Section. The preference shall be given |
after the posting or publication of the applicant's initial |
score at the request of the person before finalizing the scores |
from all applicants taking part in a JLMC examination. |
|
Candidates who are eligible for preference credit shall make a |
claim in writing within 10 days after the posting of the |
initial scores from any JLMC test or the claim shall be deemed |
waived. Once preference points are awarded, the candidates |
shall be certified to the master register in accordance with |
their final score including preference points. |
(i) Firefighter apprentice and firefighter-paramedic |
apprentice. The employment of an applicant to an apprentice |
position (including a currently employed full-time member of a |
fire department whose apprenticeship may be reduced or waived) |
shall be subject to the applicant passing the moral character |
standards and health examinations of the local commission. In |
addition, a local commission may require as a condition of |
employment that the applicant demonstrate current physical |
ability by either passing the local commission's approved |
physical ability examination, or by presenting proof of |
participating in and receiving a passing score on the physical |
ability component of a JLMC test within a period of up to 12 |
months before the date of the conditional offer of employment. |
Applicants shall be subject to the local commission's initial |
hire background review including criminal history, employment |
history, moral character, oral examination, and medical |
examinations which may include polygraph, psychological, and |
drug screening components, all on a pass-fail basis. The |
medical examinations must be conducted last, and may only be |
performed after a conditional offer of employment has been |
|
extended. |
(j) Selection from list. Any municipality or fire |
protection district that is a party to an intergovernmental |
agreement under the terms of which persons have been tested for |
placement on the master register of eligibles shall be entitled |
to offer employment to any person on the list irrespective of |
their ranking on the list. The offer of employment shall be to |
the position of firefighter apprentice or |
firefighter-paramedic apprentice. |
Applicants passing these tests may be employed as a |
firefighter apprentice or a firefighter-paramedic apprentice |
who shall serve an apprenticeship period of 12 months or less |
according to the terms and conditions of employment as the |
employing municipality or district offers, or as provided for |
under the terms of any collective bargaining agreement then in |
effect. The apprenticeship period is separate from the |
probationary period. |
Service during the apprenticeship period shall be on a |
probationary basis. During the apprenticeship period, the |
apprentice's training and performance shall be monitored and |
evaluated by a Joint Apprenticeship Committee. |
The Joint Apprenticeship Committee shall consist of 4 |
members who shall be regular members of the fire department |
with at least 10 years of full-time work experience as a |
firefighter or firefighter-paramedic. The fire chief and the |
president of the exclusive bargaining representative |
|
recognized by the employer shall each appoint 2 members to the |
Joint Apprenticeship Committee. In the absence of an exclusive |
collective bargaining representative, the chief shall appoint |
the remaining 2 members who shall be from the ranks of company |
officer and firefighter with at least 10 years of work |
experience as a firefighter or firefighter-paramedic. In the |
absence of a sufficient number of qualified firefighters, the |
Joint Apprenticeship Committee members shall have the amount of |
experience and the type of qualifications as is reasonable |
given the circumstances of the fire department. In the absence |
of a full-time member in a rank between chief and the highest |
rank in a bargaining unit, the Joint Apprenticeship Committee |
shall be reduced to 2 members, one to be appointed by the chief |
and one by the union president, if any. If there is no |
exclusive bargaining representative, the chief shall appoint |
the second member of the Joint Apprenticeship Committee from |
among qualified members in the ranks of company officer and |
below. Before the conclusion of the apprenticeship period, the |
Joint Apprenticeship Committee shall meet to consider the |
apprentice's progress and performance and vote to retain the |
apprentice as a member of the fire department or to terminate |
the apprenticeship. If 3 of the 4 members of the Joint |
Apprenticeship Committee affirmatively vote to retain the |
apprentice (if a 2 member Joint Apprenticeship Committee |
exists, then both members must affirmatively vote to retain the |
apprentice), the local commission shall issue the apprentice a |
|
certificate of original appointment to the fire department. |
(k) A person who knowingly divulges or receives test |
questions or answers before a written examination, or otherwise |
knowingly violates or subverts any requirement of this Section, |
commits a violation of this Section and may be subject to |
charges for official misconduct. |
A person who is the knowing recipient of test information |
in advance of the examination shall be disqualified from the |
examination or discharged from the position to which he or she |
was appointed, as applicable, and otherwise subjected to |
disciplinary actions.
|
(Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)
|