SB0037sam001 100TH GENERAL ASSEMBLY

Sen. Martin A. Sandoval

Filed: 5/29/2018

10000SB0037sam001 LRB100 04990 AWJ 41033 a

AMENDMENT TO SENATE BILL 37

AMENDMENT NO. ______. Amend Senate Bill 37 by replacing everything after the enacting clause with the following:

"Section 5. Findings. The General Assembly finds that the positions of fire chief and paramedic chief in the Chicago Fire Department are positions that require the knowledge and skill of experienced members of the Chicago Fire Department. Furthermore, the General Assembly finds that the positions of fire chief and paramedic chief are positions in which persons holding the fire chief and paramedic chief rank take command of, or otherwise give orders to, their subordinates at potentially dangerous or life-threatening incidents and activities.

Section 10. The Illinois Municipal Code is amended by adding Section 10-1-7.4 as follows:

(65 ILCS 5/10-1-7.4 new)

Sec. 10-1-7.4. Temporary fire chief and paramedic chief advisory board.

(a) As used in this Section, "fire chief" or "paramedic chief" means an individual temporarily appointed by the Fire Commissioner to have direct supervisory authority over sworn members of the department.

(b) A non-binding advisory board is created in the Chicago Fire Department to recommend to the Fire Commissioner of the Chicago Fire Department the best candidates for each position of fire chief or paramedic chief. The advisory board shall be comprised of 8 members appointed by the Fire Commissioner, or his or her designee, 4 of whom must be, at the time of appointment and during all times while serving on the advisory board: (i) a member of an organization representing the interest of firefighters and paramedics of the Chicago Fire Department; and (ii) elected at large by members of that organization to the organization's executive board. The Fire Commissioner shall make his or her initial appointments to the advisory board no later than 60 days after the effective date of this amendatory Act of the 100th General Assembly. The advisory board shall meet no later than 90 days after the effective date of this amendatory Act of the 100th General Assembly to elect a chair and vice-chair. Beginning June 1, 2019, and every June 1 thereafter, members shall be appointed or reappointed to one-year terms and each newly-appointed advisory board shall meet no later than July 1 of each year to elect a chair and vice-chair.

(c) The Fire Commissioner shall provide written notice to the advisory board each time the Fire Commissioner will need to make an appointment of a fire chief or paramedic chief. The Fire Commissioner must provide with the written notice to the advisory board a list of qualified candidates for each position that he or she will need to make an appointment. The advisory board shall meet no later than 30 days after receipt of each written notice from the Fire Commissioner and shall issue a recommendation or recommendations to the Fire Commissioner no later than 15 days after the initial meeting. In order to be recommended for the position of fire chief or paramedic chief, 5 members of the advisory board must agree to the recommendation.

(d) The Fire Commissioner may appoint a fire chief or paramedic chief after the advisory board has issued its recommendation under subsection (c). An individual appointed fire chief or paramedic chief by the Fire Commissioner must meet the following criteria:

(1) is an active member of the Chicago Fire Department who is not receiving any type of pension from the Firemen's Annuity and Benefit Fund of Chicago;

(2) has 10 years of creditable service time with the Chicago Fire Department;

(3) has held the career service rank of battalion chief or field chief with the Chicago Fire Department prior to his or her appointment to the rank of fire chief or paramedic chief; and

(4) does not exceed the maximum age set forth in the ordinances of the City of Chicago that govern active sworn members of the Chicago Fire Department.

(e) The advisory board shall adopt all necessary rules and procedures it finds necessary to carry out the process of recommending qualified candidates. The City of Chicago shall provide administrative and other support to the advisory board.

(f) The City of Chicago may not regulate the advisory board in a manner inconsistent with this Section or regulate appointments of fire chiefs or paramedic chiefs in the Chicago Fire Department in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.".