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Public Act 095-0956
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| SB2070 Enrolled |
LRB095 18341 HLH 44425 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,
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represented in the General Assembly:
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Section 5. The Fire Department Promotion Act is amended by |
changing Sections 20 and 50 as follows:
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(50 ILCS 742/20)
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Sec. 20. Promotion lists.
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(a) For the purpose of granting a promotion to any rank to |
which this Act
applies, the appointing authority shall from |
time to time, as necessary,
prepare a preliminary promotion |
list in accordance with this Act. The
preliminary promotion |
list shall be distributed, posted, or otherwise made
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conveniently available by the appointing authority to all |
members of the
department.
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(b) A person's position on the preliminary promotion list |
shall be
determined by a combination of factors which may |
include any of the following:
(i) the person's score on the |
written examination for that rank, determined in
accordance |
with Section 35; (ii) the person's seniority within the |
department,
determined in accordance with Section 40; (iii) the |
person's ascertained
merit, determined in accordance with |
Section 45; and (iv) the person's score on
the subjective |
evaluation, determined in accordance with Section 50.
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Candidates shall be ranked on the list in rank order based on |
the highest to
the lowest total points scored on all of the |
components of the test.
Promotional components, as defined |
herein, shall be determined and
administered in accordance with |
the referenced Section, unless otherwise
modified or agreed to |
as provided by paragraph (1) or (2) of subsection (d)
(e)
of |
Section 10. The use of physical criteria, including but not |
limited to
fitness testing, agility testing, and medical |
evaluations, is specifically
barred from the promotion |
process.
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(c) A person on the preliminary promotion list who is |
eligible for a
veteran's
preference under the laws and |
agreements applicable to the department
may file a written |
application for that preference within 10 days after the
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initial posting of the preliminary promotion list. The |
preference shall be
calculated as provided under Section 55 and |
added to the total score
achieved by the candidate on the test. |
The appointing authority shall then
make adjustments to the |
rank order of the preliminary promotion list based
on any |
veteran's preferences awarded. The final adjusted promotion
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list shall then be distributed, posted, or otherwise made |
conveniently
available by the appointing authority to all |
members of the department.
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(d) Whenever a promotional rank is created or becomes |
vacant due to
resignation, discharge, promotion, death, or the |
granting of a disability or
retirement pension, or any other |
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cause, the appointing authority shall appoint
to that position |
the person with the highest ranking on the final promotion
list |
for that rank, except that the appointing authority shall have |
the right
to pass over that person and appoint the next highest |
ranked person on the list
if the appointing authority has |
reason to conclude that the highest ranking
person has |
demonstrated substantial shortcomings in work performance or |
has
engaged in misconduct affecting the person's ability to |
perform the duties of
the promoted rank since the posting of |
the promotion list. If the highest
ranking person is passed |
over, the appointing authority shall document its
reasons for |
its decision to select the next highest ranking person on the |
list.
Unless the reasons for passing over the highest ranking |
person are not remediable
remedial, no person who is the |
highest ranking person on the list at the time
of the vacancy |
shall be passed over more than once. Any dispute as to the
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selection of the first or second highest-ranking person shall |
be subject to
resolution in accordance with any grievance |
procedure in effect covering the
employee.
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A vacancy shall be deemed to occur in a position on the |
date upon which the
position is vacated, and on that same date, |
a vacancy shall occur in all ranks
inferior to that rank, |
provided that the position or positions continue to be
funded |
and authorized by the corporate authorities. If a vacated |
position is
not filled due to a lack of funding or |
authorization and is subsequently
reinstated, the final |
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promotion list shall be continued in effect until all
positions |
vacated have been filled or for a period up to 5 years |
beginning from
the date on which the position was vacated. In |
such event, the candidate or
candidates who would have |
otherwise been promoted when the vacancy originally
occurred |
shall be promoted.
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Any candidate may refuse a promotion once without losing |
his or her position
on the final adjusted promotion list. Any |
candidate who refuses promotion a
second time shall be removed |
from the final adjusted promotion list, provided
that such |
action shall not prejudice a person's opportunities to |
participate in
future promotion examinations.
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(e) A final adjusted promotion list shall remain valid and |
unaltered for a
period of not less than 2 nor more than 3 years |
after the date of the initial
posting. Integrated lists are |
prohibited and when a list expires it shall be
void, except as |
provided in subsection (d) of this Section. If a promotion
list |
is not in effect, a successor list shall be prepared and |
distributed
within 180 days after a vacancy, as defined in |
subsection (d) of this Section.
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(f) This Section 20 does not apply to the initial hiring |
list.
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(Source: P.A. 93-411, eff. 8-4-03.)
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(50 ILCS 742/50)
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Sec. 50. Subjective evaluation.
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(a) A promotion test may include subjective evaluation |
components.
Subjective evaluations may include an oral |
interview, tactical evaluation,
performance evaluation, or |
other component based on subjective evaluation of
the examinee. |
The methods used for subjective evaluations may include using
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any employee assessment centers, evaluation systems, chief's |
points, or other
methods.
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(b) Any subjective component shall be identified to all |
candidates prior to
its application, be job-related, and be |
applied uniformly to all candidates.
Every examinee shall have |
the right to documentation of his or her score
on the |
subjective component upon the completion of the subjective |
examination
component or its application. A designated |
representative of the contracting union party shall be notified |
and be entitled to be present to monitor any preliminary |
meeting between certified assessors or representatives of a |
testing agency and representatives of the appointing authority |
held prior to the administration of the test to candidates for |
promotion.
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(c) Where chief's points or other subjective methods
are |
employed that are not amenable to monitoring, monitors shall |
not be
required, but any disputes as to the results of such |
methods shall be subject
to resolution in accordance with any |
collectively bargained grievance
procedure in effect at the |
time of the test.
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(d) Where performance evaluations are used as a basis for |
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promotions, they
shall be given annually and made readily |
available to each candidate for
review and they shall include |
any disagreement or documentation the employee
provides to |
refute or contest the evaluation. These annual evaluations are |
not
subject to grievance procedures, unless used for points in |
the promotion
process.
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(e) Total points awarded for subjective components shall be |
posted before
the written examination is administered and |
before the promotion list is
compiled.
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(f) Persons selected to grade candidates for promotion |
during an assessment center process shall be impartial |
professionals who have undergone training to be certified |
assessors. The training and certification requirements shall, |
at a minimum, provide that, to obtain and maintain |
certification, assessors shall complete a course of basic |
training, subscribe to a code of ethical conduct, complete |
continuing education, and satisfy minimum activity levels. |
(g) The standards for certification shall be established by |
a Joint Labor and Management Committee (JLMC) composed of 4 |
members: 2 designated by a statewide association whose |
membership is predominantly fire chiefs representing |
management interests of the Illinois fire service, and 2 |
designated by a statewide labor organization that is a |
representative of sworn or commissioned firefighters in |
Illinois. Members may serve terms of one year subject to |
reappointment.
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For the purposes of this Section, the term "statewide labor |
organization" has the meaning ascribed to it in Section 10-3-12 |
of the Illinois Municipal Code.
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In developing certification standards the JLMC may seek the |
advice and counsel of professionals and experts and may appoint |
an advisory committee.
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The JLMC's initial certification standards shall be |
submitted to the Office of the State Fire Marshal by January 1, |
2009. The JLMC may provisionally certify persons who have prior |
experience as assessors on promotional examinations in the fire |
service. Effective January 1, 2010 only those persons who meet |
the certification standards developed by the JLMC and submitted |
to the Office of the State Fire Marshal may be selected to |
grade candidates on a subjective component of a promotional |
examination conducted under the authority of this Act; provided |
this requirement shall be waived for persons employed or |
appointed by the jurisdiction administering the examination.
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The JLMC shall annually:
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(1) issue public notice offering persons who are |
interested in qualifying as certified assessors the |
opportunity to enroll in training; and
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(2) submit to the Office of the State Fire Marshal an |
amended list of persons who remain certified, are newly |
certified, or who are no longer certified.
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(h) The Office of the State Fire Marshal shall support the |
program by adopting certification standards based on those |
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submitted by the JLMC and by establishing a roster of certified |
assessors composed of persons certified by the JLMC.
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If the parties have not agreed to contract with a |
particular testing company to provide certified assessors, |
either party may request the Office to provide the names of |
certified assessors. Within 7 days after receiving a request |
from either party for a list of certified assessors, the Office |
shall select at random from the roster of certified assessors a |
panel numbering not less than 2 times the number of assessors |
required. The parties shall augment the number by a factor of |
50% by designating assessors who may serve as alternates to the |
primary assessors. |
The parties shall select assessors from the list or lists |
provided by the Office or from the panel obtained by the |
testing company as provided above. Within 7 days following the |
receipt of the list, the parties shall notify the Office of the |
assessors they have selected. Unless the parties agree on an |
alternate selection procedure, they shall alternatively strike |
names from the list provided by the Office until only the |
number of required assessors remain. A coin toss shall |
determine which party strikes the first name. If the parties |
fail to notify the Office in a timely manner of their selection |
of assessors, the Office shall appoint the assessors required |
from the roster of certified assessors. In the event an |
assessor is not able to participate in the assessment center |
process for which he was selected, either of the parties |