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| Public Act 094-0135 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 10-1-7 and 10-2.1-4 as follows:
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(65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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Sec. 10-1-7. Examination of applicants; disqualifications.
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(a) All applicants for offices or places in the classified | ||||
service, except
those mentioned in Section 10-1-17, are subject | ||||
to examination. The
examination shall be public, competitive, | ||||
and open to all citizens of the
United States, with specified | ||||
limitations as to residence, age, health, habits
and moral | ||||
character.
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(b) Residency requirements in effect at the time an | ||||
individual enters the
fire or police service of a municipality | ||||
(other than a municipality that
has more than 1,000,000 | ||||
inhabitants) 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 or
Police Chief.
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(c) No person with a 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 arrested for any cause but
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not convicted on that cause shall be disqualified from taking | ||||
the examination
on grounds of habits or moral character, unless | ||||
the person is attempting to
qualify for a position on the | ||||
police department, in which case the conviction
or arrest may | ||||
be considered as a factor in determining the person's habits or
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moral character.
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(d) Persons entitled to military preference under Section | ||
10-1-16
shall not be subject to limitations specifying age | ||
unless they are
applicants for a position as a fireman or a | ||
policeman having no previous
employment status as a fireman or | ||
policeman in the regularly constituted
fire or police | ||
department of the municipality, in which case they must not
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have attained their 35th birthday, except any person who has | ||
served as an
auxiliary policeman under Section 3.1-30-20 for at | ||
least 5 years and is
under 40 years of age.
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(e) All employees of a municipality of less than 500,000 | ||
population (except
those who would be excluded from the | ||
classified service as provided in this
Division 1) who are | ||
holding that employment as of the date a municipality
adopts | ||
this Division 1, or as of July 17, 1959, whichever date is the | ||
later,
and who have held that employment for at least 2 years | ||
immediately before that
later date, and all firemen and | ||
policemen regardless of length of service who
were either | ||
appointed to their respective positions by the board of fire | ||
and
police commissioners under the provisions of Division 2 of | ||
this Article or who
are serving in a position (except as a | ||
temporary employee) in the fire or
police department in the | ||
municipality on the date a municipality adopts
this Division 1, | ||
or as of July 17, 1959, whichever date is the later, shall
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become members of the classified civil service of the | ||
municipality
without examination.
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(f) The examinations shall be practical in their character, | ||
and shall
relate to those matters that will fairly test the | ||
relative capacity of the
persons examined to discharge the | ||
duties of the positions to which they
seek to be appointed. The | ||
examinations shall include tests of physical
qualifications, | ||
health, and (when appropriate) manual skill. If an applicant
is | ||
unable to pass the physical examination solely as the result of | ||
an injury
received by the applicant as the result of the | ||
performance of an act of duty
while working as a temporary | ||
employee in the position for which he or she is
being examined, | ||
however, the physical examination shall be waived and the
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applicant shall be considered to have passed the examination. | ||
No questions in
any examination shall relate to political or | ||
religious opinions or
affiliations. Results of examinations | ||
and the eligible registers prepared from
the results shall be | ||
published by the commission within 60 days after any
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examinations are held.
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(g) The commission shall control all examinations, and may, | ||
whenever an
examination is to take place, designate a suitable | ||
number of persons,
either in or not in the official service of | ||
the municipality, to be
examiners. The examiners shall conduct | ||
the examinations as directed by the
commission and shall make a | ||
return or report of the examinations to the
commission. If the | ||
appointed examiners are in the official service of the
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municipality, the examiners shall not receive extra | ||
compensation for conducting
the examinations. The commission | ||
may at any time substitute any other person,
whether or not in | ||
the service of the municipality, in the place of any one
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selected as an examiner. The commission members may themselves | ||
at any time act
as examiners without appointing examiners. The | ||
examiners at any examination
shall not all be members of the | ||
same political party.
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(h) In municipalities of 500,000 or more population, no | ||
person who has
attained his or her 35th birthday shall be | ||
eligible to take an examination for
a position as a fireman or | ||
a policeman unless the person has had previous
employment | ||
status as a policeman or fireman in the regularly constituted | ||
police
or fire department of the municipality, except as | ||
provided in this Section.
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(i) In municipalities of more than 5,000 but not more than | ||
200,000
inhabitants, no person who has attained his or her 35th | ||
birthday shall be
eligible to take an examination for a | ||
position as a fireman or a policeman
unless the person has had | ||
previous employment status as a policeman or fireman
in the | ||
regularly constituted police or fire department of the | ||
municipality,
except as provided in this Section.
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(j) In all municipalities, applicants who are 20 years of | ||
age and who have
successfully completed 2 years of law | ||
enforcement studies at an accredited
college or university may | ||
be considered for appointment to active duty with
the police | ||
department. An applicant described in this subsection (j) who | ||
is
appointed to active duty shall not have power of arrest, nor | ||
shall the
applicant be permitted to carry firearms, until he or | ||
she reaches 21 years of
age.
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(k) In municipalities of more than 500,000 population, | ||
applications for
examination for and appointment to positions | ||
as firefighters or police
shall be made available at various | ||
branches of the public library of the
municipality.
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(l) 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
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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
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employment, which is a denial and limitation of home rule | ||
powers.
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
shall not apply to a fireman whose position also
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includes paramedic responsibilities.
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(Source: P.A. 86-990; 87-1119.)
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(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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Sec. 10-2.1-4. Fire and police departments; Appointment of
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members; Certificates of appointments.
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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.
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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.
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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 whatever rank he currently holds,
except | ||
for previously appointed positions, and thereafter
be entitled | ||
to all the benefits and emoluments of that rank,
without regard | ||
as to whether a vacancy then exists in that rank.
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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.
A chief of police or | ||
the chief of the fire department, having been appointed
from | ||
among members
of the police or fire department, respectively, | ||
shall be permitted, regardless
of rank, to
take promotional
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exams and be promoted to a higher classified rank than he | ||
currently holds,
without having to
resign as chief of police or | ||
chief of the fire department.
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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
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of fire and police commissioners.
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The term "policemen" as used in this Division does not | ||
include
auxiliary policemen except as provided for in Section | ||
10-2.1-6.
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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.
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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
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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.
A deputy chief of police or assistant deputy chief | ||
of police, having been
appointed from any rank
of sworn | ||
officers of that municipality, shall be permitted, regardless | ||
of rank,
to take promotional
exams and be promoted to a higher | ||
classified rank than he currently holds,
without having to
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resign as deputy chief of police or assistant deputy chief of | ||
police.
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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
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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 currently held, without regard as to whether a
vacancy | ||
exists in
that rank. A deputy chief
of police, having been | ||
appointed from any rank of sworn full-time officers of
that | ||
municipality's
police department, shall be permitted, | ||
regardless of rank, to take promotional
exams and be
promoted | ||
to a higher classified rank than he currently holds, without | ||
having to
resign as deputy
chief of police.
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No municipality having a population less than 1,000,000 | ||
shall require
that any firefighter
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
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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
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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
shall not apply to a fireman whose | ||
position also includes paramedic
responsibilities.
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(Source: P.A. 93-486, eff. 8-8-03.)
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Section 10. The Fire Protection District Act is amended by | ||
changing Section 16.13b as follows:
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(70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
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Sec. 16.13b. Unless the employer and a labor organization | ||
have agreed
to a contract provision providing for final and | ||
binding arbitration of
disputes concerning the existence of | ||
just cause for disciplinary action,
no officer or member of the | ||
fire department of any protection district who
has held that | ||
position for one year shall be removed or discharged
except for | ||
just cause, upon written charges specifying the
complainant and | ||
the basis for the charges, and after a hearing on those
charges | ||
before the board of fire commissioners, affording the officer | ||
or
member an opportunity to be heard in his own defense. In | ||
such case the
appointing authority shall file with the board of | ||
trustees the reasons for
such removal or discharge, which | ||
removal or discharge shall not become
effective unless | ||
confirmed by a majority vote of the board of trustees.
If | ||
written charges are brought against an officer or member,
the | ||
board of fire commissioners shall conduct a fair and impartial | ||
hearing
of the charges, to be commenced within 30 days of the | ||
filing thereof, which
hearing may be continued from time to | ||
time. The Chief of the department
shall bear the burden of | ||
proving the guilt of the officer or member by a
preponderance | ||
of the evidence. In case an officer or member is found
guilty, | ||
the board may discharge him, or may suspend him not exceeding | ||
30
calendar days without pay. The board may suspend any officer | ||
or member
pending the hearing with or without pay, but in no | ||
event shall the
suspension pending hearing and the ultimate | ||
suspension imposed on the
officer or member, if any, exceed 30 | ||
calendar days without pay in the
aggregate. If the board of | ||
fire commissioners determines that the charges
are not | ||
sustained, the officer or member shall be reimbursed for all | ||
wages
withheld or lost, if any. In the conduct of this hearing, | ||
each member of
the board shall have power to secure by its | ||
subpoena both the attendance
and testimony of witnesses and the | ||
production of books and papers relevant
to the hearing.
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Notwithstanding any other provision of this Section, a | ||
probationary employment period may be extended beyond one year | ||
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.
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The age for mandatory retirement of firemen in the service | ||
of any
department of such district is 65 years, unless the | ||
board of trustees shall
by ordinance provide for an earlier | ||
mandatory retirement age of not less
than 60 years.
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The provisions of the Administrative Review Law, and all | ||
amendments and
modifications thereof, and the rules adopted | ||
pursuant thereto, shall apply
to and govern all proceedings for | ||
the judicial review of final
administrative decisions of the | ||
board of fire commissioners hereunder. The
term | ||
"administrative decision" is defined as in Section 3-101 of the | ||
Code
of Civil Procedure.
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Nothing in this Section shall be construed to prevent the | ||
Chief of the
fire department from suspending without pay a | ||
member of his department for
a period of not more than 5 | ||
consecutive calendar days, but he shall
notify the board in | ||
writing of such suspension. Any fireman so suspended
may appeal | ||
to the board of fire commissioners for a review of the
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suspension within 5 calendar days after such suspension. Upon | ||
such appeal,
the Chief of the department shall bear the burden | ||
of proof in establishing
the guilt of the officer or member by | ||
a preponderance of the evidence. The
board may sustain the | ||
action of the Chief of the department, may reduce the
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suspension to a lesser penalty, or may reverse it with | ||
instructions that
the officer or member receive his pay and | ||
other benefits withheld for the
period involved, or may suspend | ||
the officer for an additional period of not
more than 30 days, | ||
or discharge him, depending upon the facts presented.
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(Source: P.A. 86-562.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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