Full Text of SB3518 98th General Assembly
SB3518 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SB3518 Introduced 2/14/2014, by Sen. Daniel Biss SYNOPSIS AS INTRODUCED: |
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Amends the Illinois Municipal Code. Provides that any applicable preference credits to a firefighter candidate shall be applied at the time of the written examination and before the posting or publication of the initial eligibility list or register.
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| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Municipal Code is amended by | 5 | | changing Section 10-2.1-6.3 as follows: | 6 | | (65 ILCS 5/10-2.1-6.3) | 7 | | Sec. 10-2.1-6.3. Original appointments; full-time fire | 8 | | department. | 9 | | (a) Applicability. Unless a commission elects to follow the | 10 | | provisions of Section 10-2.1-6.4, this Section shall apply to | 11 | | all original appointments to an affected full-time fire | 12 | | department. Existing registers of eligibles shall continue to | 13 | | be valid until their expiration dates, or up to a maximum of 2 | 14 | | years after the effective date of this amendatory Act of the | 15 | | 97th General Assembly. | 16 | | Notwithstanding any statute, ordinance, rule, or other law | 17 | | to the contrary, all original appointments to an affected | 18 | | department to which this Section applies shall be administered | 19 | | in the manner provided for in this Section. Provisions of the | 20 | | Illinois Municipal Code, municipal ordinances, and rules | 21 | | adopted pursuant to such authority and other laws relating to | 22 | | initial hiring of firefighters in affected departments shall | 23 | | continue to apply to the extent they are compatible with this |
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| 1 | | Section, but in the event of a conflict between this Section | 2 | | and any other law, this Section shall control. | 3 | | A home rule or non-home rule municipality may not | 4 | | administer its fire department process for original | 5 | | appointments in a manner that is less stringent than this | 6 | | Section. This Section is a limitation under subsection (i) of | 7 | | Section 6 of Article VII of the Illinois Constitution on the | 8 | | concurrent exercise by home rule units of the powers and | 9 | | functions exercised by the State. | 10 | | A municipality that is operating under a court order or | 11 | | consent decree regarding original appointments to a full-time | 12 | | fire department before the effective date of this amendatory | 13 | | Act of the 97th General Assembly is exempt from the | 14 | | requirements of this Section for the duration of the court | 15 | | order or consent decree. | 16 | | Notwithstanding any other provision of this subsection | 17 | | (a), this Section does not apply to a municipality with more | 18 | | than 1,000,000 inhabitants. | 19 | | (b) Original appointments. All original appointments made | 20 | | to an affected fire department shall be made from a register of | 21 | | eligibles established in accordance with the processes | 22 | | established by this Section. Only persons who meet or exceed | 23 | | the performance standards required by this Section shall be | 24 | | placed on a register of eligibles for original appointment to | 25 | | an affected fire department. | 26 | | Whenever an appointing authority authorizes action to hire |
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| 1 | | a person to perform the duties of a firefighter or to hire a | 2 | | firefighter-paramedic to fill a position that is a new position | 3 | | or vacancy due to resignation, discharge, promotion, death, the | 4 | | granting of a disability or retirement pension, or any other | 5 | | cause, the appointing authority shall appoint to that position | 6 | | the person with the highest ranking on the final eligibility | 7 | | list. If the appointing authority has reason to conclude that | 8 | | the highest ranked person fails to meet the minimum standards | 9 | | for the position or if the appointing authority believes an | 10 | | alternate candidate would better serve the needs of the | 11 | | department, then the appointing authority has the right to pass | 12 | | over the highest ranked person and appoint either: (i) any | 13 | | person who has a ranking in the top 5% of the register of | 14 | | eligibles or (ii) any person who is among the top 5 highest | 15 | | ranked persons on the list of eligibles if the number of people | 16 | | who have a ranking in the top 5% of the register of eligibles | 17 | | is less than 5 people. | 18 | | Any candidate may pass on an appointment once without | 19 | | losing his or her position on the register of eligibles. Any | 20 | | candidate who passes a second time may be removed from the list | 21 | | by the appointing authority provided that such action shall not | 22 | | prejudice a person's opportunities to participate in future | 23 | | examinations, including an examination held during the time a | 24 | | candidate is already on the municipality's register of | 25 | | eligibles. | 26 | | The sole authority to issue certificates of appointment |
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| 1 | | shall be vested in the board of fire and police commissioners. | 2 | | All certificates of appointment issued to any officer or member | 3 | | of an affected department shall be signed by the chairperson | 4 | | and secretary, respectively, of the board upon appointment of | 5 | | such officer or member to the affected department by action of | 6 | | the board. Each person who accepts a certificate of appointment | 7 | | and successfully completes his or her probationary period shall | 8 | | be enrolled as a firefighter and as a regular member of the | 9 | | fire department. | 10 | | For the purposes of this Section, "firefighter" means any | 11 | | person who has been prior to, on, or after the effective date | 12 | | of this amendatory Act of the 97th General Assembly appointed | 13 | | to a fire department or fire protection district or employed by | 14 | | a State university and sworn or commissioned to perform | 15 | | firefighter duties or paramedic duties, or both, except that | 16 | | the following persons are not included: part-time | 17 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 18 | | including paid-on-call firefighters; clerks and dispatchers or | 19 | | other civilian employees of a fire department or fire | 20 | | protection district who are not routinely expected to perform | 21 | | firefighter duties; and elected officials. | 22 | | (c) Qualification for placement on register of eligibles. | 23 | | The purpose of establishing a register of eligibles is to | 24 | | identify applicants who possess and demonstrate the mental | 25 | | aptitude and physical ability to perform the duties required of | 26 | | members of the fire department in order to provide the highest |
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| 1 | | quality of service to the public. To this end, all applicants | 2 | | for original appointment to an affected fire department shall | 3 | | be subject to examination and testing which shall be public, | 4 | | competitive, and open to all applicants unless the municipality | 5 | | shall by ordinance limit applicants to residents of the | 6 | | municipality, county or counties in which the municipality is | 7 | | located, State, or nation. Municipalities may establish | 8 | | educational, emergency medical service licensure, and other | 9 | | pre-requisites for participation in an examination or for hire | 10 | | as a firefighter. Any municipality may charge a fee to cover | 11 | | the costs of the application process. | 12 | | Residency requirements in effect at the time an individual | 13 | | enters the fire service of a municipality cannot be made more | 14 | | restrictive for that individual during his or her period of | 15 | | service for that municipality, or be made a condition of | 16 | | promotion, except for the rank or position of fire chief and | 17 | | for no more than 2 positions that rank immediately below that | 18 | | of the chief rank which are appointed positions pursuant to the | 19 | | Fire Department Promotion Act. | 20 | | No person who is 35 years of age or older shall be eligible | 21 | | to take an examination for a position as a firefighter unless | 22 | | the person has had previous employment status as a firefighter | 23 | | in the regularly constituted fire department of the | 24 | | municipality, except as provided in this Section. The age | 25 | | limitation does not apply to: | 26 | | (1) any person previously employed as a full-time |
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| 1 | | firefighter in a regularly constituted fire department of | 2 | | (i) any municipality or fire protection district located in | 3 | | Illinois, (ii) a fire protection district whose | 4 | | obligations were assumed by a municipality under Section 21 | 5 | | of the Fire Protection District Act, or (iii) a | 6 | | municipality whose obligations were taken over by a fire | 7 | | protection district, or | 8 | | (2) any person who has served a municipality as a | 9 | | regularly enrolled volunteer, paid-on-call, or part-time | 10 | | firefighter for the 5 years immediately preceding the time | 11 | | that the municipality begins to use full-time firefighters | 12 | | to provide all or part of its fire protection service. | 13 | | No person who is under 21 years of age shall be eligible | 14 | | for employment as a firefighter. | 15 | | No applicant shall be examined concerning his or her | 16 | | political or religious opinions or affiliations. The | 17 | | examinations shall be conducted by the commissioners of the | 18 | | municipality or their designees and agents. | 19 | | No municipality shall require that any firefighter | 20 | | appointed to the lowest rank serve a probationary employment | 21 | | period of longer than one year of actual active employment, | 22 | | which may exclude periods of training, or injury or illness | 23 | | leaves, including duty related leave, in excess of 30 calendar | 24 | | days. Notwithstanding anything to the contrary in this Section, | 25 | | the probationary employment period limitation may be extended | 26 | | for a firefighter who is required, as a condition of |
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| 1 | | employment, to be a certified paramedic, during which time the | 2 | | sole reason that a firefighter may be discharged without a | 3 | | hearing is for failing to meet the requirements for paramedic | 4 | | certification. | 5 | | In the event that any applicant who has been found eligible | 6 | | for appointment and whose name has been placed upon the final | 7 | | eligibility register provided for in this Section has not been | 8 | | appointed to a firefighter position within one year after the | 9 | | date of his or her physical ability examination, the commission | 10 | | may cause a second examination to be made of that applicant's | 11 | | physical ability prior to his or her appointment. If, after the | 12 | | second examination, the physical ability of the applicant shall | 13 | | be found to be less than the minimum standard fixed by the | 14 | | rules of the commission, the applicant shall not be appointed. | 15 | | The applicant's name may be retained upon the register of | 16 | | candidates eligible for appointment and when next reached for | 17 | | certification and appointment that applicant may be again | 18 | | examined as provided in this Section, and if the physical | 19 | | ability of that applicant is found to be less than the minimum | 20 | | standard fixed by the rules of the commission, the applicant | 21 | | shall not be appointed, and the name of the applicant shall be | 22 | | removed from the register. | 23 | | (d) Notice, examination, and testing components. Notice of | 24 | | the time, place, general scope, merit criteria for any | 25 | | subjective component, and fee of every examination shall be | 26 | | given by the commission, by a publication at least 2 weeks |
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| 1 | | preceding the examination: (i) in one or more newspapers | 2 | | published in the municipality, or if no newspaper is published | 3 | | therein, then in one or more newspapers with a general | 4 | | circulation within the municipality, or (ii) on the | 5 | | municipality's Internet website. Additional notice of the | 6 | | examination may be given as the commission shall prescribe. | 7 | | The examination and qualifying standards for employment of | 8 | | firefighters shall be based on: mental aptitude, physical | 9 | | ability, preferences, moral character, and health. The mental | 10 | | aptitude, physical ability, and preference components shall | 11 | | determine an applicant's qualification for and placement on the | 12 | | final register of eligibles. The examination may also include a | 13 | | subjective component based on merit criteria as determined by | 14 | | the commission. Scores from the examination must be made | 15 | | available to the public. | 16 | | (e) Mental aptitude. No person who does not possess at | 17 | | least a high school diploma or an equivalent high school | 18 | | education shall be placed on a register of eligibles. | 19 | | Examination of an applicant's mental aptitude shall be based | 20 | | upon a written examination. The examination shall be practical | 21 | | in character and relate to those matters that fairly test the | 22 | | capacity of the persons examined to discharge the duties | 23 | | performed by members of a fire department. Written examinations | 24 | | shall be administered in a manner that ensures the security and | 25 | | accuracy of the scores achieved. | 26 | | (f) Physical ability. All candidates shall be required to |
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| 1 | | undergo an examination of their physical ability to perform the | 2 | | essential functions included in the duties they may be called | 3 | | upon to perform as a member of a fire department. For the | 4 | | purposes of this Section, essential functions of the job are | 5 | | functions associated with duties that a firefighter may be | 6 | | called upon to perform in response to emergency calls. The | 7 | | frequency of the occurrence of those duties as part of the fire | 8 | | department's regular routine shall not be a controlling factor | 9 | | in the design of examination criteria or evolutions selected | 10 | | for testing. These physical examinations shall be open, | 11 | | competitive, and based on industry standards designed to test | 12 | | each applicant's physical abilities in the following | 13 | | dimensions: | 14 | | (1) Muscular strength to perform tasks and evolutions | 15 | | that may be required in the performance of duties including | 16 | | grip strength, leg strength, and arm strength. Tests shall | 17 | | be conducted under anaerobic as well as aerobic conditions | 18 | | to test both the candidate's speed and endurance in | 19 | | performing tasks and evolutions. Tasks tested may be based | 20 | | on standards developed, or approved, by the local | 21 | | appointing authority. | 22 | | (2) The ability to climb ladders, operate from heights, | 23 | | walk or crawl in the dark along narrow and uneven surfaces, | 24 | | and operate in proximity to hazardous environments. | 25 | | (3) The ability to carry out critical, time-sensitive, | 26 | | and complex problem solving during physical exertion in |
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| 1 | | stressful and hazardous environments. The testing | 2 | | environment may be hot and dark with tightly enclosed | 3 | | spaces, flashing lights, sirens, and other distractions. | 4 | | The tests utilized to measure each applicant's
| 5 | | capabilities in each of these dimensions may be tests based on
| 6 | | industry standards currently in use or equivalent tests | 7 | | approved by the Joint Labor-Management Committee of the Office | 8 | | of the State Fire Marshal. | 9 | | Physical ability examinations administered under this | 10 | | Section shall be conducted with a reasonable number of proctors | 11 | | and monitors, open to the public, and subject to reasonable | 12 | | regulations of the commission. | 13 | | (g) Scoring of examination components. Appointing | 14 | | authorities may create a preliminary eligibility register. A | 15 | | person shall be placed on the list based upon his or her | 16 | | passage of the written examination and any applicable | 17 | | preference credits or the passage of the written examination , | 18 | | any applicable preference credits, and the physical ability | 19 | | component. Passage of the written examination means a score | 20 | | that is at or above the median score for all applicants | 21 | | participating in the written test after adding any applicable | 22 | | preference credits as described in subsection (h) . The | 23 | | appointing authority may conduct the physical ability | 24 | | component and any subjective components subsequent to the | 25 | | posting of the preliminary eligibility register. | 26 | | The examination components for an initial eligibility |
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| 1 | | register shall be graded on a 100-point scale. A person's | 2 | | position on the list shall be determined by the following: (i)
| 3 | | the person's score on the written examination, (ii) the person
| 4 | | successfully passing the physical ability component, and (iii) | 5 | | the
person's results on any subjective component as described | 6 | | in
subsection (d) , and (iv) any applicable preference credits | 7 | | as described in subsection (h) . | 8 | | In order to qualify for placement on the final eligibility | 9 | | register, an applicant's score on the written examination, | 10 | | after before any applicable preference points or subjective | 11 | | points are applied, shall be at or above the median score. The | 12 | | local appointing authority may prescribe the score to qualify | 13 | | for placement on the final eligibility register, but the score | 14 | | shall not be less than the median score. | 15 | | The commission shall prepare and keep a register of persons | 16 | | whose total score is not less than the minimum fixed by this | 17 | | Section and who have passed the physical ability examination. | 18 | | These persons shall take rank upon the register as candidates | 19 | | in the order of their relative excellence based on the highest | 20 | | to the lowest total points scored on the mental aptitude, | 21 | | subjective component, and preference components of the test | 22 | | administered in accordance with this Section. No more than 60 | 23 | | days after each examination, an initial eligibility list shall | 24 | | be posted by the commission. The list shall include the final | 25 | | grades of the candidates without reference to priority of the | 26 | | time of examination and subject to claim for preference credit . |
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| 1 | | Commissions may conduct additional examinations, including | 2 | | without limitation a polygraph test, after a final eligibility | 3 | | register is established and before it expires with the | 4 | | candidates ranked by total score without regard to date of | 5 | | examination. No more than 60 days after each examination, an | 6 | | initial eligibility list shall be posted by the commission | 7 | | showing the final grades of the candidates without reference to | 8 | | priority of time of examination and subject to claim for | 9 | | preference credit . | 10 | | (h) Preferences. The following are preferences: | 11 | | (1) Veteran preference. Persons who were engaged in the | 12 | | military service of the United States for a period of at | 13 | | least one year of active duty and who were honorably | 14 | | discharged therefrom, or who are now or have been members | 15 | | on inactive or reserve duty in such military or naval | 16 | | service, shall be preferred for appointment to and | 17 | | employment with the fire department of an affected | 18 | | department. | 19 | | (2) Fire cadet preference. Persons who have | 20 | | successfully completed 2 years of study in fire techniques | 21 | | or cadet training within a cadet program established under | 22 | | the rules of the Joint Labor and Management Committee | 23 | | (JLMC), as defined in Section 50 of the Fire Department | 24 | | Promotion Act, may be preferred for appointment to and | 25 | | employment with the fire department. | 26 | | (3) Educational preference. Persons who have |
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| 1 | | successfully obtained an associate's degree in the field of | 2 | | fire service or emergency medical services, or a bachelor's | 3 | | degree from an accredited college or university may be | 4 | | preferred for appointment to and employment with the fire | 5 | | department. | 6 | | (4) Paramedic preference. Persons who have obtained | 7 | | certification as an Emergency Medical Technician-Paramedic | 8 | | (EMT-P) shall be preferred for appointment to and | 9 | | employment with the fire department of an affected | 10 | | department providing emergency medical services. | 11 | | (5) Experience preference. All persons employed by a | 12 | | municipality who have been paid-on-call or part-time | 13 | | certified Firefighter II, State of Illinois or nationally | 14 | | licensed EMT-B or EMT-I, or any combination of those | 15 | | capacities shall be awarded 0.5 point for each year of | 16 | | successful service in one or more of those capacities, up | 17 | | to a maximum of 5 points. Certified Firefighter III and | 18 | | State of Illinois or nationally licensed paramedics shall | 19 | | be awarded one point per year up to a maximum of 5 points. | 20 | | Applicants from outside the municipality who were employed | 21 | | as full-time firefighters or firefighter-paramedics by a | 22 | | fire protection district or another municipality for at | 23 | | least 2 years shall be awarded 5 experience preference | 24 | | points. These additional points presuppose a rating scale | 25 | | totaling 100 points available for the eligibility list. If | 26 | | more or fewer points are used in the rating scale for the |
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| 1 | | eligibility list, the points awarded under this subsection | 2 | | shall be increased or decreased by a factor equal to the | 3 | | total possible points available for the examination | 4 | | divided by 100. | 5 | | Upon request by the commission, the governing body of | 6 | | the municipality or in the case of applicants from outside | 7 | | the municipality the governing body of any fire protection | 8 | | district or any other municipality shall certify to the | 9 | | commission, within 10 days after the request, the number of | 10 | | years of successful paid-on-call, part-time, or full-time | 11 | | service of any person. A candidate may not receive the full | 12 | | amount of preference points under this subsection if the | 13 | | amount of points awarded would place the candidate before a | 14 | | veteran on the eligibility list. If more than one candidate | 15 | | receiving experience preference points is prevented from | 16 | | receiving all of their points due to not being allowed to | 17 | | pass a veteran, the candidates shall be placed on the list | 18 | | below the veteran in rank order based on the totals | 19 | | received if all points under this subsection were to be | 20 | | awarded. Any remaining ties on the list shall be determined | 21 | | by lot. | 22 | | (6) Residency preference. Applicants whose principal | 23 | | residence is located within the fire department's | 24 | | jurisdiction shall be preferred for appointment to and | 25 | | employment with the fire department. | 26 | | (7) Additional preferences. Up to 5 additional |
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| 1 | | preference points may be awarded for unique categories | 2 | | based on an applicant's experience or background as | 3 | | identified by the commission. | 4 | | (8) Scoring of preferences. The commission shall give | 5 | | preference for original appointment
to persons designated | 6 | | in item (1)
by adding to the written examination score | 7 | | final grade that they receive 5 points
for the recognized | 8 | | preference achieved. The commission shall determine the | 9 | | number of preference points for each category except (1). | 10 | | The number of preference points for each category shall | 11 | | range from 0 to 5. In determining the number of preference | 12 | | points, the commission shall prescribe that if a candidate | 13 | | earns the maximum number of preference points in all | 14 | | categories, that number may not be less than 10 nor more | 15 | | than 30. The commission shall give preference for original | 16 | | appointment to persons designated in items (2) through (7) | 17 | | by adding the requisite number of points to the written | 18 | | examination score final grade for each recognized | 19 | | preference achieved. The numerical result thus attained | 20 | | shall be applied by the commission in determining the | 21 | | preliminary, initial, and final eligibility lists list and | 22 | | appointment from the eligibility list. The local | 23 | | appointing authority may prescribe the total number of | 24 | | preference points awarded under this Section, but the total | 25 | | number of preference points shall not be less than 10 | 26 | | points or more than 30 points. |
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| 1 | | A candidate may not receive the full amount of preference | 2 | | points under this subsection if the amount of points awarded | 3 | | would place the candidate before a veteran on the eligibility | 4 | | list. If more than one candidate receiving experience | 5 | | preference points is prevented from receiving all of their | 6 | | points due to not being allowed to pass a veteran, the | 7 | | candidates shall be placed on the list below the veteran in | 8 | | rank order based on the totals received if all points under | 9 | | this subsection were to be awarded. | 10 | | Persons No person entitled to any preference shall be | 11 | | required to claim the credit before any examination held under | 12 | | the provisions of this Section, but the preference shall be | 13 | | given before after the posting or publication of the initial | 14 | | eligibility list or register , and at the request of a person | 15 | | entitled to a credit before any certification or appointments | 16 | | are made from the eligibility register, upon the furnishing of | 17 | | verifiable evidence and proof of qualifying preference credit. | 18 | | Candidates who are eligible for preference credit shall make a | 19 | | claim in writing within 10 days after the posting of the | 20 | | initial eligibility list, or the claim shall be deemed waived. | 21 | | Preliminary, initial, and final Final eligibility registers | 22 | | shall be established after the awarding of verified preference | 23 | | points. All employment shall be subject to the commission's | 24 | | initial hire background review including, but not limited to, | 25 | | criminal history, employment history, moral character, oral | 26 | | examination, and medical and psychological examinations, all |
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| 1 | | on a pass-fail basis. The medical and psychological | 2 | | examinations must be conducted last, and may only be performed | 3 | | after a conditional offer of employment has been extended. | 4 | | Any person placed on an eligibility list who exceeds the | 5 | | age requirement before being appointed to a fire department | 6 | | shall remain eligible for appointment until the list is | 7 | | abolished, or his or her name has been on the list for a period | 8 | | of 2 years. No person who has attained the age of 35 years | 9 | | shall be inducted into a fire department, except as otherwise | 10 | | provided in this Section. | 11 | | The commission shall strike off the names of candidates for | 12 | | original appointment after the names have been on the list for | 13 | | more than 2 years. | 14 | | (i) Moral character. No person shall be appointed to a fire | 15 | | department unless he or she is a person of good character; not | 16 | | a habitual drunkard, a gambler, or a person who has been | 17 | | convicted of a felony or a crime involving moral turpitude. | 18 | | However, no person shall be disqualified from appointment to | 19 | | the fire department because of the person's record of | 20 | | misdemeanor convictions except those under Sections 11-6, | 21 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 22 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 23 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 24 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | 25 | | Criminal Code of 2012, or arrest for any cause without | 26 | | conviction thereon. Any such person who is in the department |
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| 1 | | may be removed on charges brought for violating this subsection | 2 | | and after a trial as hereinafter provided. | 3 | | A classifiable set of the fingerprints of every person who | 4 | | is offered employment as a certificated member of an affected | 5 | | fire department whether with or without compensation, shall be | 6 | | furnished to the Illinois Department of State Police and to the | 7 | | Federal Bureau of Investigation by the commission. | 8 | | Whenever a commission is authorized or required by law to | 9 | | consider some aspect of criminal history record information for | 10 | | the purpose of carrying out its statutory powers and | 11 | | responsibilities, then, upon request and payment of fees in | 12 | | conformance with the requirements of Section 2605-400 of the | 13 | | State Police Law of the Civil Administrative Code of Illinois, | 14 | | the Department of State Police is authorized to furnish, | 15 | | pursuant to positive identification, the information contained | 16 | | in State files as is necessary to fulfill the request. | 17 | | (j) Temporary appointments. In order to prevent a stoppage | 18 | | of public business, to meet extraordinary exigencies, or to | 19 | | prevent material impairment of the fire department, the | 20 | | commission may make temporary appointments, to remain in force | 21 | | only until regular appointments are made under the provisions | 22 | | of this Division, but never to exceed 60 days. No temporary | 23 | | appointment of any one person shall be made more than twice in | 24 | | any calendar year. | 25 | | (k) A person who knowingly divulges or receives test | 26 | | questions or answers before a written examination, or otherwise |
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| 1 | | knowingly violates or subverts any requirement of this Section, | 2 | | commits a violation of this Section and may be subject to | 3 | | charges for official misconduct. | 4 | | A person who is the knowing recipient of test information | 5 | | in advance of the examination shall be disqualified from the | 6 | | examination or discharged from the position to which he or she | 7 | | was appointed, as applicable, and otherwise subjected to | 8 | | disciplinary actions.
| 9 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 10 | | 97-1150, eff. 1-25-13.)
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