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Public Act 91-0615
SB171 Enrolled LRB9101640EGfg
AN ACT in relation to public safety.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Municipal Code is amended by
changing Section 10-2.1-4 as follows:
(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
Sec. 10-2.1-4. Fire and police departments - Appointment
of members - Certificates of appointments.
The board of fire and police commissioners shall appoint
all officers and members of the fire and police departments
of the municipality, including the chief of police and the
chief of the fire department, unless the council or board of
trustees shall by ordinance as to them otherwise provide;
except as otherwise provided in this Section, and except that
in any municipality which adopts or has adopted this Division
2.1 and also adopts or has adopted Article 5 of this Code,
the chief of police and the chief of the fire department
shall be appointed by the municipal manager, if it is
provided by ordinance in such municipality that such chiefs,
or either of them, shall not be appointed by the board of
fire and police commissioners.
If the chief of the fire department or the chief of the
police department or both of them are appointed in the manner
provided by ordinance, they may be removed or discharged by
the appointing authority. In such case the appointing
authority shall file with the corporate authorities the
reasons for such removal or discharge, which removal or
discharge shall not become effective unless confirmed by a
majority vote of the corporate authorities.
If a member of the department is appointed Chief of
Police or Chief of the Fire Department prior to being
eligible to retire on pension he shall be considered as on
furlough from the rank he held immediately prior to his
appointment as chief. If he resigns as Chief or is discharged
as Chief prior to attaining eligibility to retire on pension,
he shall revert to and be established in such prior rank, and
thereafter be entitled to all the benefits and emoluments of
such prior rank, without regard as to whether a vacancy then
exists in such rank.
All appointments to each department other than that of
the lowest rank, however, shall be from the rank next below
that to which the appointment is made except as otherwise
provided in this Section, and except that the chief of police
and the chief of the fire department may be appointed from
among members of the police and fire departments,
respectively, regardless of rank, unless the council or board
of trustees shall have by ordinance as to them otherwise
provided.
The sole authority to issue certificates of appointment
shall be vested in the Board of Fire and Police Commissioners
and all certificates of appointments issued to any officer or
member of the fire or police department of a municipality
shall be signed by the chairman and secretary respectively of
the board of fire and police commissioners of such
municipality, upon appointment of such officer or member of
the fire and police department of such municipality by action
of the board of fire and police commissioners.
The term "policemen" as used in this Division does not
include auxiliary policemen except as provided for in Section
10-2.1-6.
Any full time member of a regular fire or police
department of any municipality which comes under the
provisions of this Division or adopts this Division 2.1 or
which has adopted any of the prior Acts pertaining to fire
and police commissioners, is a city officer.
Notwithstanding any other provision of this Section, the
Chief of Police of a department in a non-homerule
municipality of more than 130,000 inhabitants may, without
the advice or consent of the Board of Fire and Police
Commissioners, appoint up to 6 officers who shall be known as
deputy chiefs or assistant deputy chiefs, and whose rank
shall be immediately below that of Chief. The deputy or
assistant deputy chiefs may be appointed from any rank of
sworn officers of that municipality, but no person who is not
such a sworn officer may be so appointed. Such deputy chief
or assistant deputy chief shall have the authority to direct
and issue orders to all employees of the Department holding
the rank of captain or any lower rank.
Notwithstanding any other provision of this Section, a
non-homerule municipality of 130,000 or fewer inhabitants,
through its council or board of trustees, may, by ordinance,
provide for a position of deputy chief to be appointed by the
chief of the police department. The ordinance shall provide
for no more than one deputy chief position if the police
department has fewer than 25 full-time police officers and
for no more than 2 deputy chief positions if the police
department has 25 or more full-time police officers. The
deputy chief position shall be an exempt rank immediately
below that of Chief. The deputy chief may be appointed from
any rank of sworn, full-time officers of the municipality's
police department, but must have at least 5 years of
full-time service as a police officer in that department. A
deputy chief shall serve at the discretion of the Chief and,
if removed from the position, shall revert to the rank held
immediately prior to appointment to the deputy chief
position.
No municipality having a population less than 1,000,000
shall require that any fireman appointed to the lowest rank
serve a probationary employment period of longer than one
year. The limitation on periods of probationary employment
provided in this amendatory Act of 1989 is an exclusive power
and function of the State. Pursuant to subsection (h) of
Section 6 of Article VII of the Illinois Constitution, a home
rule municipality having a population less than 1,000,000
must comply with this limitation on periods of probationary
employment, which is a denial and limitation of home rule
powers. Notwithstanding anything to the contrary in this
Section, the probationary employment period limitation shall
not apply to a fireman whose position also includes paramedic
responsibilities.
(Source: P.A. 86-990.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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