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| Public Act 097-0174 | ||||
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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 Section 50 as follows: | ||||
(50 ILCS 742/50) | ||||
Sec. 50. Subjective evaluation. | ||||
(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. | ||||
(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. | ||
(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. | ||
(d) Where performance evaluations are used as a basis for | ||
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. | ||
(e) Total points awarded for subjective components shall be | ||
posted before
the written examination is administered and | ||
before the promotion list is
compiled. | ||
(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 may charge reasonable fees that are related to the | ||
costs of administering authorized programs and conducting | ||
classes, including without limitation the costs of monitoring | ||
programs and classes, to the following: (i) applicants for | ||
certifications or recertifications, (ii) recipients of | ||
certifications or recertifications, and (iii) individuals and | ||
entities approved by the JLMC to conduct programs or classes. | ||
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 | ||
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 | ||
involved in the promotion process may request that additional | ||
names of certified assessors be provided by the Office. | ||
(Source: P.A. 95-956, eff. 8-29-08.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law. | ||