100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4601

 

Introduced , by Rep. Kathleen Willis

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/10-1-14  from Ch. 24, par. 10-1-14

    Amends the Civil Service in Cities Division of the Illinois Municipal Code. In provisions concerning appointments, defines "firefighter" to include a paramedic, an EMT, an emergency medical technician-intermediate (EMT-I), or an advanced emergency medical technician (A-EMT). Effective immediately.


LRB100 18073 AWJ 33265 b

HOME RULE NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4601LRB100 18073 AWJ 33265 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by
5changing Section 10-1-14 as follows:
 
6    (65 ILCS 5/10-1-14)  (from Ch. 24, par. 10-1-14)
7    Sec. 10-1-14. The head of the department or office in which
8a position classified under this Division 1 is to be filled
9shall notify the commission of that fact, and the commission
10shall certify to the appointing officer the name and address of
11the candidate standing highest upon the register for the class
12or grade to which the position belongs. However, in cases of
13laborers where a choice by competition is impracticable, the
14commission may provide by its rules that the selections shall
15be made by lot from among those candidates proved fit by
16examination, but laborers who have previously been in the
17service and were removed because their services were no longer
18required, shall be preferred, and be reinstated before other
19laborers are given positions, preference being given to those
20who have had the longest term of service, and laborers in the
21employ of the municipality on July 1, 1949, who, as of such
22date, have been employed under temporary authority for 3 years
23or more or during parts of 3 or more calendar years, shall be

 

 

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1preferred also, and shall be placed upon the register for such
2positions without examination and shall be certified before
3other laborers are given positions, preference being given to
4those laborers under temporary authority who have had the
5longest term of service in such positions. In making such
6certification, sex shall be disregarded. The appointing
7officer shall notify the commission of each position to be
8filled, separately, and shall fill such place by the
9appointment of the person certified to him or her by the
10commission therefor. Original appointment shall be on
11probation for a period not to exceed 6 months to be fixed by
12the rules but all time spent in attending training schools and
13seminars, except on-the-job training conducted by local Fire
14Department personnel, shall be excluded in calculating the
15probation period; provided that in municipalities with a
16population of more than 500,000 inhabitants, original
17appointment to the police department shall be on probation for
18a period not to exceed 9 months to be fixed by the rules of the
19department. The commission may strike off names of candidates
20from the register after they have remained thereon more than 2
21years. At or before the expiration of the period of probation,
22the head of the department or office in which a candidate is
23employed may, by and with the consent of the commission,
24discharge him or her upon assigning in writing his or her
25reason therefor to the commission. If he or she is not then
26discharged, his or her appointment shall be deemed complete. To

 

 

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1prevent the stoppage of public business, or to meet
2extraordinary exigencies, the head of any department or office
3may, with the approval of the commission, make temporary
4appointment to remain in force not exceeding 120 days, and only
5until regular appointments under the provisions of this
6Division 1 can be made. In any municipal fire department that
7employs full-time firefighters and is subject to a collective
8bargaining agreement, a person who has not qualified for
9regular appointment under the provisions of this Division 1
10shall not be used as a temporary or permanent substitute for
11classified members of a municipality's fire department or for
12regular appointment as a classified member of a municipality's
13fire department unless mutually agreed to by the employee's
14certified bargaining agent. Such agreement shall be considered
15a permissive subject of bargaining. As used in this Section,
16"firefighter" includes, but is not limited to, a paramedic, an
17EMT, an emergency medical technician-intermediate (EMT-I), or
18an advanced emergency medical technician (A-EMT). Municipal
19fire departments covered by the changes made by this amendatory
20Act of the 95th General Assembly that are using
21non-certificated employees as substitutes immediately prior to
22the effective date of this amendatory Act of the 95th General
23Assembly may, by mutual agreement with the certified bargaining
24agent, continue the existing practice or a modified practice
25and that agreement shall be considered a permissive subject of
26bargaining. A home rule unit may not regulate the hiring of

 

 

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1temporary or substitute members of the municipality's fire
2department in a manner that is inconsistent with this Section.
3This Section is a limitation under subsection (i) of Section 6
4of Article VII of the Illinois Constitution on the concurrent
5exercise by home rule units of powers and functions exercised
6by the State.
7(Source: P.A. 95-490, eff. 6-1-08.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.