HB1576 EngrossedLRB097 07146 RLJ 47248 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 Sections 10-1-7 and 10-2.1-4 and by adding Sections
610-1-7.1, 10-1-7.2, 10-2.1-6.3, and 10-2.1-6.4 as follows:
 
7    (65 ILCS 5/10-1-7)  (from Ch. 24, par. 10-1-7)
8    Sec. 10-1-7. Examination of applicants; disqualifications.
9    (a) All applicants for offices or places in the classified
10service, except those mentioned in Section 10-1-17, are subject
11to examination. The examination shall be public, competitive,
12and open to all citizens of the United States, with specified
13limitations as to residence, age, health, habits and moral
14character.
15    (b) Residency requirements in effect at the time an
16individual enters the fire or police service of a municipality
17(other than a municipality that has more than 1,000,000
18inhabitants) cannot be made more restrictive for that
19individual during his or her period of service for that
20municipality, or be made a condition of promotion, except for
21the rank or position of Fire or Police Chief.
22    (c) No person with a record of misdemeanor convictions
23except those under Sections 11-6, 11-7, 11-9, 11-14, 11-15,

 

 

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111-17, 11-18, 11-19, 12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3,
224-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6, 31-7, 32-1, 32-2,
332-3, 32-4, 32-8, and subsections (1), (6) and (8) of Section
424-1 of the Criminal Code of 1961 or arrested for any cause but
5not convicted on that cause shall be disqualified from taking
6the examination on grounds of habits or moral character, unless
7the person is attempting to qualify for a position on the
8police department, in which case the conviction or arrest may
9be considered as a factor in determining the person's habits or
10moral character.
11    (d) Persons entitled to military preference under Section
1210-1-16 shall not be subject to limitations specifying age
13unless they are applicants for a position as a fireman or a
14policeman having no previous employment status as a fireman or
15policeman in the regularly constituted fire or police
16department of the municipality, in which case they must not
17have attained their 35th birthday, except any person who has
18served as an auxiliary police officer under Section 3.1-30-20
19for at least 5 years and is under 40 years of age.
20    (e) All employees of a municipality of less than 500,000
21population (except those who would be excluded from the
22classified service as provided in this Division 1) who are
23holding that employment as of the date a municipality adopts
24this Division 1, or as of July 17, 1959, whichever date is the
25later, and who have held that employment for at least 2 years
26immediately before that later date, and all firemen and

 

 

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1policemen regardless of length of service who were either
2appointed to their respective positions by the board of fire
3and police commissioners under the provisions of Division 2 of
4this Article or who are serving in a position (except as a
5temporary employee) in the fire or police department in the
6municipality on the date a municipality adopts this Division 1,
7or as of July 17, 1959, whichever date is the later, shall
8become members of the classified civil service of the
9municipality without examination.
10    (f) The examinations shall be practical in their character,
11and shall relate to those matters that will fairly test the
12relative capacity of the persons examined to discharge the
13duties of the positions to which they seek to be appointed. The
14examinations shall include tests of physical qualifications,
15health, and (when appropriate) manual skill. If an applicant is
16unable to pass the physical examination solely as the result of
17an injury received by the applicant as the result of the
18performance of an act of duty while working as a temporary
19employee in the position for which he or she is being examined,
20however, the physical examination shall be waived and the
21applicant shall be considered to have passed the examination.
22No questions in any examination shall relate to political or
23religious opinions or affiliations. Results of examinations
24and the eligible registers prepared from the results shall be
25published by the commission within 60 days after any
26examinations are held.

 

 

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1    (g) The commission shall control all examinations, and may,
2whenever an examination is to take place, designate a suitable
3number of persons, either in or not in the official service of
4the municipality, to be examiners. The examiners shall conduct
5the examinations as directed by the commission and shall make a
6return or report of the examinations to the commission. If the
7appointed examiners are in the official service of the
8municipality, the examiners shall not receive extra
9compensation for conducting the examinations. The commission
10may at any time substitute any other person, whether or not in
11the service of the municipality, in the place of any one
12selected as an examiner. The commission members may themselves
13at any time act as examiners without appointing examiners. The
14examiners at any examination shall not all be members of the
15same political party.
16    (h) In municipalities of 500,000 or more population, no
17person who has attained his or her 35th birthday shall be
18eligible to take an examination for a position as a fireman or
19a policeman unless the person has had previous employment
20status as a policeman or fireman in the regularly constituted
21police or fire department of the municipality, except as
22provided in this Section.
23    (i) In municipalities of more than 5,000 but not more than
24200,000 inhabitants, no person who has attained his or her 35th
25birthday shall be eligible to take an examination for a
26position as a fireman or a policeman unless the person has had

 

 

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1previous employment status as a policeman or fireman in the
2regularly constituted police or fire department of the
3municipality, except as provided in this Section.
4    (j) In all municipalities, applicants who are 20 years of
5age and who have successfully completed 2 years of law
6enforcement studies at an accredited college or university may
7be considered for appointment to active duty with the police
8department. An applicant described in this subsection (j) who
9is appointed to active duty shall not have power of arrest, nor
10shall the applicant be permitted to carry firearms, until he or
11she reaches 21 years of age.
12    (k) In municipalities of more than 500,000 population,
13applications for examination for and appointment to positions
14as firefighters or police shall be made available at various
15branches of the public library of the municipality.
16    (l) No municipality having a population less than 1,000,000
17shall require that any fireman appointed to the lowest rank
18serve a probationary employment period of longer than one year.
19The limitation on periods of probationary employment provided
20in this amendatory Act of 1989 is an exclusive power and
21function of the State. Pursuant to subsection (h) of Section 6
22of Article VII of the Illinois Constitution, a home rule
23municipality having a population less than 1,000,000 must
24comply with this limitation on periods of probationary
25employment, which is a denial and limitation of home rule
26powers. Notwithstanding anything to the contrary in this

 

 

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1Section, the probationary employment period limitation may be
2extended for a firefighter who is required, as a condition of
3employment, to be a certified paramedic, during which time the
4sole reason that a firefighter may be discharged without a
5hearing is for failing to meet the requirements for paramedic
6certification.
7    (m) To the extent that this Section or any other Section in
8this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
9Section 10-1-7.1 or 10-1-7.2 shall control.
10(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
 
11    (65 ILCS 5/10-1-7.1 new)
12    Sec. 10-1-7.1. Original appointments; full-time fire
13department.
14    (a) Applicability. Unless a commission elects to follow the
15provisions of Section 10-1-7.2, this Section shall apply to all
16original appointments to an affected full-time fire
17department. Existing registers of eligibles shall continue to
18be valid until their expiration dates, or up to a maximum of 2
19years after the effective date of this amendatory Act of the
2097th General Assembly.
21    Notwithstanding any statute, ordinance, rule, or other law
22to the contrary, all original appointments to an affected
23department to which this Section applies shall be administered
24in the manner provided for in this Section. Provisions of the
25Illinois Municipal Code, municipal ordinances, and rules

 

 

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1adopted pursuant to such authority and other laws relating to
2initial hiring of firefighters in affected departments shall
3continue to apply to the extent they are compatible with this
4Section, but in the event of a conflict between this Section
5and any other law, this Section shall control.
6    A home rule or non-home rule municipality may not
7administer its fire department process for original
8appointments in a manner that is inconsistent with this
9Section. This Section is a limitation under subsection (i) of
10Section 6 of Article VII of the Illinois Constitution on the
11concurrent exercise by home rule units of the powers and
12functions exercised by the State.
13    A municipality that is operating under a court order or
14consent decree regarding original appointments to a full-time
15fire department before the effective date of this amendatory
16Act of the 97th General Assembly is exempt from the
17requirements of this Section for the duration of the court
18order or consent decree.
19    (b) Original appointments. All original appointments made
20to an affected fire department shall be made from a register of
21eligibles established in accordance with the processes
22established by this Section. Only persons who meet or exceed
23the performance standards required by this Section shall be
24placed on a register of eligibles for original appointment to
25an affected fire department.
26    Whenever an appointing authority authorizes action to hire

 

 

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1a person to perform the duties of a firefighter or to hire a
2firefighter-paramedic to fill a position that is a new position
3or vacancy due to resignation, discharge, promotion, death, the
4granting of a disability or retirement pension, or any other
5cause, the appointing authority shall appoint to that position
6the person with the highest ranking on the final eligibility
7list, except that the appointing authority shall have the right
8to pass over that person and appoint the next highest ranked
9person on the list if the appointing authority has reason to
10conclude that the highest ranked person fails to meet the
11minimum standards for the position.
12    Any candidate may pass on an appointment once without
13losing his or her position on the register of eligibles. Any
14candidate who passes a second time may be removed from the list
15by the appointing authority provided that such action shall not
16prejudice a person's opportunities to participate in future
17examinations, including an examination held during the time a
18candidate is already on the municipality's register of
19eligibles.
20    The sole authority to issue certificates of appointment
21shall be vested in the Civil Service Commission. All
22certificates of appointment issued to any officer or member of
23an affected department shall be signed by the chairperson and
24secretary, respectively, of the commission upon appointment of
25such officer or member to the affected department by the
26commission. Each person who accepts a certificate of

 

 

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1appointment and successfully completes his or her probationary
2period shall be enrolled as a firefighter and as a regular
3member of the fire department.
4    For the purposes of this Section, "firefighter" means any
5person who has been prior to, on, or after the effective date
6of this amendatory Act of the 97th General Assembly appointed
7to a fire department or fire protection district or employed by
8a State university and sworn or commissioned to perform
9firefighter duties or paramedic duties, or both, except that
10the following persons are not included: part-time
11firefighters; auxiliary, reserve, or voluntary firefighters,
12including paid-on-call firefighters; clerks and dispatchers or
13other civilian employees of a fire department or fire
14protection district who are not routinely expected to perform
15firefighter duties; and elected officials.
16    (c) Qualification for placement on register of eligibles.
17The purpose of establishing a register of eligibles is to
18identify applicants who possess and demonstrate the mental
19aptitude and physical ability to perform the duties required of
20members of the fire department in order to provide the highest
21quality of service to the public. To this end, all applicants
22for original appointment to an affected fire department shall
23be subject to examination and testing which shall be public,
24competitive, and open to all applicants unless the municipality
25shall by ordinance limit applicants to residents of the
26municipality, county or counties in which the municipality is

 

 

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1located, State, or nation. Municipalities may establish
2educational, emergency medical service licensure, and other
3pre-requisites for participation in an examination or for hire
4as a firefighter. Any fee to cover the costs of the application
5process shall not exceed $25.
6    Residency requirements in effect at the time an individual
7enters the fire service of a municipality (other than a
8municipality that has more than 1,000,000 inhabitants) cannot
9be made more restrictive for that individual during his or her
10period of service for that municipality, or be made a condition
11of promotion, except for the rank or position of fire chief and
12for no more than 2 positions that rank immediately below that
13of the chief rank which are appointed positions pursuant to the
14Fire Department Promotion Act.
15    No person who is 35 years of age or older shall be eligible
16to take an examination for a position as a firefighter unless
17the person has had previous employment status as a firefighter
18in the regularly constituted fire department of the
19municipality, except as provided in this Section. The age
20limitation does not apply to:
21        (1) any person previously employed as a full-time
22    firefighter in a regularly constituted fire department of
23    (i) any municipality or fire protection district located in
24    Illinois, (ii) a fire protection district whose
25    obligations were assumed by a municipality under Section 21
26    of the Fire Protection District Act, or (iii) a

 

 

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1    municipality whose obligations were taken over by a fire
2    protection district, or
3        (2) any person who has served a municipality as a
4    regularly enrolled volunteer, paid-on-call, or part-time
5    firefighter for the 5 years immediately preceding the time
6    that the municipality begins to use full-time firefighters
7    to provide all or part of its fire protection service.
8    No person who is under 21 years of age shall be eligible
9for employment as a firefighter.
10    No applicant shall be examined concerning his or her
11political or religious opinions or affiliations. The
12examinations shall be conducted by the commissioners of the
13municipality or their designees and agents.
14    No municipality having a population of less than 1,000,000
15shall require that any firefighter appointed to the lowest rank
16serve a probationary employment period of longer than one year
17of actual active employment, which may exclude periods of
18training, or injury or illness leaves, including duty related
19leave, in excess of 30 calendar days. Notwithstanding anything
20to the contrary in this Section, the probationary employment
21period limitation may be extended for a firefighter who is
22required, as a condition of employment, to be a certified
23paramedic, during which time the sole reason that a firefighter
24may be discharged without a hearing is for failing to meet the
25requirements for paramedic certification.
26    In the event that any applicant who has been found eligible

 

 

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1for appointment and whose name has been placed upon the final
2eligibility register provided for in this Division 1 has not
3been appointed to a firefighter position within one year after
4the date of his or her physical ability examination, the
5commission may cause a second examination to be made of that
6applicant's physical ability prior to his or her appointment.
7If, after the second examination, the physical ability of the
8applicant shall be found to be less than the minimum standard
9fixed by the rules of the commission, the applicant shall not
10be appointed. The applicant's name may be retained upon the
11register of candidates eligible for appointment and when next
12reached for certification and appointment that applicant may be
13again examined as provided in this Section, and if the physical
14ability of that applicant is found to be less than the minimum
15standard fixed by the rules of the commission, the applicant
16shall not be appointed, and the name of the applicant shall be
17removed from the register.
18    (d) Notice, examination, and testing components. Notice of
19the time, place, general scope, merit criteria for any
20subjective component, and fee of every examination shall be
21given by the commission, by a publication at least 2 weeks
22preceding the examination, in one or more newspapers published
23in the municipality, or if no newspaper is published therein,
24then in one or more newspapers with a general circulation
25within the municipality. The municipality may publish the
26notice on the municipality's Internet website. Additional

 

 

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1notice of the examination may be given as the commission shall
2prescribe.
3    The examination and qualifying standards for employment of
4firefighters shall be based on: mental aptitude, physical
5ability, preferences, moral character, and health. The mental
6aptitude, physical ability, and preference components shall
7determine an applicant's qualification for and placement on the
8final register of eligibles. The examination may also include a
9subjective component based on merit criteria as determined by
10the commission. Scores from the examination must be made
11available to the public.
12    (e) Mental aptitude. No person who does not possess at
13least a high school diploma or an equivalent high school
14education shall be placed on a register of eligibles.
15Examination of an applicant's mental aptitude shall be based
16upon a written examination. The examination shall be practical
17in character and relate to those matters that fairly test the
18capacity of the persons examined to discharge the duties
19performed by members of a fire department. Written examinations
20shall be administered in a manner that ensures the security and
21accuracy of the scores achieved.
22    (f) Physical ability. All candidates shall be required to
23undergo an examination of their physical ability to perform the
24essential functions included in the duties they may be called
25upon to perform as a member of a fire department. For the
26purposes of this Section, essential functions of the job are

 

 

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1functions associated with duties that a firefighter may be
2called upon to perform in response to emergency calls. The
3frequency of the occurrence of those duties as part of the fire
4department's regular routine shall not be a controlling factor
5in the design of examination criteria or evolutions selected
6for testing. These physical examinations shall be open,
7competitive, and based on industry standards designed to test
8each applicant's physical abilities in the following
9dimensions (or a similar test designed to ensure that the
10successful candidates are able to perform the essential
11functions of the firefighter's job description):
12        (1) Muscular strength to perform tasks and evolutions
13    that may be required in the performance of duties including
14    grip strength, leg strength, and arm strength. Tests shall
15    be conducted under anaerobic as well as aerobic conditions
16    to test both the candidate's speed and endurance in
17    performing tasks and evolutions. Tasks tested may be based
18    on standards developed, or approved, by the local
19    appointing authority.
20        (2) The ability to climb ladders, operate from heights,
21    walk or crawl in the dark along narrow and uneven surfaces,
22    and operate in proximity to hazardous environments.
23        (3) The ability to carry out critical, time-sensitive,
24    and complex problem solving during physical exertion in
25    stressful and hazardous environments. The testing
26    environment may be hot and dark with tightly enclosed

 

 

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1    spaces, flashing lights, sirens, and other distractions.
2    Physical ability examinations administered under this
3Section shall be conducted with a reasonable number of proctors
4and monitors, open to the public, and subject to reasonable
5regulations of the commission.
6    (g) Scoring of examination components. The examination
7components shall be graded on a 100-point scale. A person's
8position on the list shall be determined by the following: (i)
9the person's score on the written examination, (ii) the person
10successfully passing the physical ability component, (iii) the
11person's results on any subjective component as described in
12subsection (d), and (iv) the addition of any applicable
13preference points.
14    Applicants who pass the written examination, the physical
15ability examination, and any subjective component shall be
16placed on the initial eligibility register. The passing score
17for each of these test components shall be determined by
18calculating a mean score for all applicants participating in
19each test. In order to qualify for placement on the final
20eligibility register, an applicant's total score, before any
21applicable preference points are applied, shall be at or above
22the mean score plus 10%. The local appointing authority may
23prescribe the score to qualify for placement on the final
24eligibility register, but the score shall not be less than the
25mean score plus 10%.
26    The commission shall prepare and keep a register of persons

 

 

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1whose total score is not less than the minimum fixed by this
2Section. These persons shall take rank upon the register as
3candidates in the order of their relative excellence based on
4the highest to the lowest total points scored on the mental
5aptitude, physical ability, and preference components of the
6test administered in accordance with this Section. No more than
760 days after each examination, an initial eligibility list
8shall be posted by the commission. The list shall include the
9final grades of the candidates without reference to priority of
10the time of examination and subject to claim for preference
11credit.
12    Commissions may conduct additional examinations, including
13without limitation a polygraph test, after a final eligibility
14register is established and before it expires with the
15candidates ranked by total score without regard to date of
16examination. No more than 60 days after each examination, an
17initial eligibility list shall be posted by the commission
18showing the final grades of the candidates without reference to
19priority of time of examination and subject to claim for
20preference credit.
21    (h) Preferences. The following are preferences:
22        (1) Veteran preference. Persons who were engaged in the
23    military service of the United States for a period of at
24    least one year of active duty and who were honorably
25    discharged therefrom, or who are now or have been members
26    on inactive or reserve duty in such military or naval

 

 

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1    service, shall be preferred for appointment to and
2    employment with the fire department of an affected
3    department.
4        (2) Fire cadet preference. Persons who have
5    successfully completed 2 years of study in fire techniques
6    or cadet training within a cadet program established under
7    the rules of the Joint Labor and Management Committee
8    (JLMC), as defined in Section 50 of the Fire Department
9    Promotion Act, may be preferred for appointment to and
10    employment with the fire department.
11        (3) Educational preference. Persons who have
12    successfully obtained an associate's degree in the field of
13    fire service or emergency medical services, or a bachelor's
14    degree from an accredited college or university may be
15    preferred for appointment to and employment with the fire
16    department.
17        (4) Paramedic preference. Persons who have obtained
18    certification as an Emergency Medical Technician-Paramedic
19    (EMT-P) may be preferred for appointment to and employment
20    with the fire department of an affected department
21    providing emergency medical services.
22        (5) Experience preference. All persons employed by a
23    municipality who have been paid-on-call or part-time
24    certified Firefighter II, certified Firefighter III, State
25    of Illinois or nationally licensed EMT-B or EMT-I, licensed
26    paramedic, or any combination of those capacities may be

 

 

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1    awarded up to a maximum of 5 points. However, the applicant
2    may not be awarded more than 0.5 points for each complete
3    year of paid-on-call or part-time service. Applicants from
4    outside the municipality who were employed as full-time
5    firefighters or firefighter-paramedics by a fire
6    protection district or another municipality may be awarded
7    up to 5 experience preference points. However, the
8    applicant may not be awarded more than one point for each
9    complete year of full-time service.
10        (6) Residency preference. Applicants whose principal
11    residence is located within the fire department's
12    jurisdiction may be preferred for appointment to and
13    employment with the fire department.
14        Upon request by the commission, the governing body of
15    the municipality or in the case of applicants from outside
16    the municipality the governing body of any fire protection
17    district or any other municipality shall certify to the
18    commission, within 10 days after the request, the number of
19    years of successful paid-on-call, part-time, or full-time
20    service of any person. A candidate may not receive the full
21    amount of preference points under this subsection if the
22    amount of points awarded would place the candidate before a
23    veteran on the eligibility list. If more than one candidate
24    receiving experience preference points is prevented from
25    receiving all of their points due to not being allowed to
26    pass a veteran, the candidates shall be placed on the list

 

 

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1    below the veteran in rank order based on the totals
2    received if all points under this subsection were to be
3    awarded. Any remaining ties on the list shall be determined
4    by lot.
5        (7) Additional preferences. Up to 5 additional
6    preference points may be awarded for unique categories
7    based on an applicant's experience or background as
8    identified by the commission.
9        (8) Scoring of preferences. The commission shall give
10    preference for original appointment to persons designated
11    in item (1) by adding to the final grade that they receive
12    5 points for the recognized preference achieved. The
13    commission shall determine the number of preference points
14    for each category except (1). The number of preference
15    points for each category shall range from 0 to 5. In
16    determining the number of preference points, the
17    commission shall prescribe that if a candidate earns the
18    maximum number of preference points in all categories, that
19    number may not be less than 10 nor more than 30. The
20    commission shall give preference for original appointment
21    to persons designated in items (2) through (7) by adding
22    the requisite number of points to the final grade for each
23    recognized preference achieved. The numerical result thus
24    attained shall be applied by the commission in determining
25    the final eligibility list and appointment from the
26    eligibility list. The local appointing authority may

 

 

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1    prescribe the total number of preference points awarded
2    under this Section, but the total number of preference
3    points shall not be less than 10 points or more than 30
4    points.
5    No person entitled to any preference shall be required to
6claim the credit before any examination held under the
7provisions of this Section, but the preference shall be given
8after the posting or publication of the initial eligibility
9list or register at the request of a person entitled to a
10credit before any certification or appointments are made from
11the eligibility register, upon the furnishing of verifiable
12evidence and proof of qualifying preference credit. Candidates
13who are eligible for preference credit shall make a claim in
14writing within 10 days after the posting of the initial
15eligibility list, or the claim shall be deemed waived. Final
16eligibility registers shall be established after the awarding
17of verified preference points. All employment shall be subject
18to the commission's initial hire background review including,
19but not limited to, criminal history, employment history, moral
20character, oral examination, and medical and psychological
21examinations, all on a pass-fail basis. The medical and
22psychological examinations must be conducted last, and may only
23be performed after a conditional offer of employment has been
24extended.
25    Any person placed on an eligibility list who exceeds the
26age requirement before being appointed to a fire department

 

 

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1shall remain eligible for appointment until the list is
2abolished, or his or her name has been on the list for a period
3of 2 years. No person who has attained the age of 35 years
4shall be inducted into a fire department, except as otherwise
5provided in this Section.
6    The commission shall strike off the names of candidates for
7original appointment after the names have been on the list for
8more than 2 years.
9    (i) Moral character. No person shall be appointed to a fire
10department unless he or she is a person of good character; not
11a habitual drunkard, a gambler, or a person who has been
12convicted of a felony or a crime involving moral turpitude.
13However, no person shall be disqualified from appointment to
14the fire department because of the person's record of
15misdemeanor convictions except those under Sections 11-6,
1611-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1712-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1831-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
191, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
20arrest for any cause without conviction thereon. Any such
21person who is in the department may be removed on charges
22brought for violating this subsection and after a trial as
23hereinafter provided.
24    A classifiable set of the fingerprints of every person who
25is offered employment as a certificated member of an affected
26fire department whether with or without compensation, shall be

 

 

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1furnished to the Illinois Department of State Police and to the
2Federal Bureau of Investigation by the commission.
3    Whenever a commission is authorized or required by law to
4consider some aspect of criminal history record information for
5the purpose of carrying out its statutory powers and
6responsibilities, then, upon request and payment of fees in
7conformance with the requirements of Section 2605-400 of the
8State Police Law of the Civil Administrative Code of Illinois,
9the Department of State Police is authorized to furnish,
10pursuant to positive identification, the information contained
11in State files as is necessary to fulfill the request.
12    (j) Temporary appointments. In order to prevent a stoppage
13of public business, to meet extraordinary exigencies, or to
14prevent material impairment of the fire department, the
15commission may make temporary appointments, to remain in force
16only until regular appointments are made under the provisions
17of this Division, but never to exceed 60 days. No temporary
18appointment of any one person shall be made more than twice in
19any calendar year.
20    (k) A person who knowingly divulges or receives test
21questions or answers before a written examination, or otherwise
22knowingly violates or subverts any requirement of this Section,
23commits a violation of this Section and may be subject to
24charges for official misconduct.
25    A person who is the knowing recipient of test information
26in advance of the examination shall be disqualified from the

 

 

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1examination or discharged from the position to which he or she
2was appointed, as applicable, and otherwise subjected to
3disciplinary actions.
 
4    (65 ILCS 5/10-1-7.2 new)
5    Sec. 10-1-7.2. Alternative procedure; original
6appointment; full-time firefighter.
7    (a) Authority. The Joint Labor and Management Committee
8(JLMC), as defined in Section 50 of the Fire Department
9Promotion Act, may establish a community outreach program to
10market the profession of firefighter and firefighter-paramedic
11so as to ensure the pool of applicants recruited is of broad
12diversity and the highest quality.
13    For the purposes of this Section, "firefighter" means any
14person who has been prior to, on, or after the effective date
15of this amendatory Act of the 97th General Assembly appointed
16to a fire department or fire protection district or employed by
17a State university and sworn or commissioned to perform
18firefighter duties or paramedic duties, or both, except that
19the following persons are not included: part-time
20firefighters; auxiliary, reserve, or voluntary firefighters,
21including paid-on-call firefighters; clerks and dispatchers or
22other civilian employees of a fire department or fire
23protection district who are not routinely expected to perform
24firefighter duties; and elected officials.
25    (b) Eligibility. Persons eligible for placement on the

 

 

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1master register of eligibles shall consist of the following:
2        Persons who have participated in and received a passing
3    total score on the mental aptitude, physical ability, and
4    preference components of a regionally administered test
5    based on the standards described in this Section. The
6    standards for administering these tests and the minimum
7    passing score required for placement on this list shall be
8    as is set forth in this Section.
9        Qualified candidates shall be listed on the master
10    register of eligibles in highest to lowest rank order based
11    upon their test scores without regard to their date of
12    examination. Candidates listed on the master register of
13    eligibles shall be eligible for appointment for 2 years
14    after the date of the certification of their final score on
15    the register without regard to the date of their
16    examination. After 2 years, the candidate's name shall be
17    struck from the list.
18        Any person currently employed as a full-time member of
19    a fire department or any person who has experienced a
20    non–voluntary (and non-disciplinary) separation from the
21    active workforce due to a reduction in the number of
22    departmental officers, who was appointed pursuant to this
23    Division, Division 2.1 of Article 10 of the Illinois
24    Municipal Code, or the Fire Protection District Act, and
25    who during the previous 24 months participated in and
26    received a passing score on the physical ability and mental

 

 

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1    aptitude components of the test may request that his or her
2    name be added to the master register. Any eligible person
3    may be offered employment by a local commission under the
4    same procedures as provided by this Section except that the
5    apprenticeship period may be waived and the applicant may
6    be immediately issued a certificate of original
7    appointment by the local commission.
8    (c) Qualifications for placement on register of eligibles.
9The purpose for establishing a master register of eligibles
10shall be to identify applicants who possess and demonstrate the
11mental aptitude and physical ability to perform the duties
12required of members of the fire department in order to provide
13the highest quality of service to the public. To this end, all
14applicants for original appointment to an affected fire
15department through examination conducted by the Joint Labor and
16Management Committee (JLMC) shall be subject to examination and
17testing which shall be public, competitive, and open to all
18applicants. Any subjective component of the testing must be
19administered by certified assessors. All qualifying and
20disqualifying factors applicable to examination processes for
21local commissions in this amendatory Act of the 97th General
22Assembly shall be applicable to persons participating in Joint
23Labor and Management Committee examinations unless
24specifically provided otherwise in this Section.
25    Notice of the time, place, general scope, and fee of every
26JLMC examination shall be given by the JLMC or designated

 

 

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1testing agency, as applicable, by publication at least 30 days
2preceding the examination, in one or more newspapers published
3in the region, or if no newspaper is published therein, then in
4one or more newspapers with a general circulation within the
5region. The JLMC may publish the notice on the JLMC's Internet
6website. Additional notice of the examination may be given as
7the JLMC shall prescribe.
8    (d) Examination and testing components for placement on
9register of eligibles. The examination and qualifying
10standards for placement on the master register of eligibles and
11employment shall be based on the following components: mental
12aptitude, physical ability, preferences, moral character, and
13health. The mental aptitude, physical ability, and preference
14components shall determine an applicant's qualification for
15and placement on the master register of eligibles. The
16consideration of an applicant's general moral character and
17health shall be administered on a pass-fail basis after a
18conditional offer of employment is made by a local commission.
19    (e) Mental aptitude. Examination of an applicant's mental
20aptitude shall be based upon written examination and an
21applicant's prior experience demonstrating an aptitude for and
22commitment to service as a member of a fire department. Written
23examinations shall be practical in character and relate to
24those matters that fairly test the capacity of the persons
25examined to discharge the duties performed by members of a fire
26department. Written examinations shall be administered in a

 

 

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1manner that ensures the security and accuracy of the scores
2achieved. Any subjective component of the testing must be
3administered by certified assessors. No person who does not
4possess a high school diploma or an equivalent high school
5education shall be placed on a register of eligibles. Local
6commissions may establish educational, emergency medical
7service licensure, and other pre-requisites for hire within
8their jurisdiction.
9    (f) Physical ability. All candidates shall be required to
10undergo an examination of their physical ability to perform the
11essential functions included in the duties they may be called
12upon to perform as a member of a fire department. For the
13purposes of this Section, essential functions of the job are
14functions associated with duties that a firefighter may be
15called upon to perform in response to emergency calls. The
16frequency of the occurrence of those duties as part of the fire
17department's regular routine shall not be a controlling factor
18in the design of examination criteria or evolutions selected
19for testing. These physical examinations shall be open,
20competitive, and based on industry standards designed to test
21each applicant's physical abilities in each of the following
22dimensions (or a similar test designed to ensure that the
23successful candidates are able to perform the essential
24functions of a firefighter's job description):
25        (1) Muscular strength to perform tasks and evolutions
26    that may be required in the performance of duties including

 

 

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1    grip strength, leg strength, and arm strength. Tests shall
2    be conducted under anaerobic as well as aerobic conditions
3    to test both the candidate's speed and endurance in
4    performing tasks and evolutions. Tasks tested are to be
5    based on industry standards developed by the JLMC by rule.
6        (2) The ability to climb ladders, operate from heights,
7    walk or crawl in the dark along narrow and uneven surfaces,
8    and operate in proximity to hazardous environments.
9        (3) The ability to carry out critical, time-sensitive,
10    and complex problem solving during physical exertion in
11    stressful and hazardous environments. The testing
12    environment may be hot and dark with tightly enclosed
13    spaces, flashing lights, sirens, and other distractions.
14    (g) Scoring of examination components. The examination
15components shall be graded on a 100-point scale. A person's
16position on the master register of eligibles shall be
17determined by the person's score on the written examination,
18the person successfully passing the physical ability
19component, and the addition of any applicable preference
20points.
21    Applicants who have achieved at least the mean score of all
22applicants participating in the written examination at the same
23time, and who successfully pass the physical ability
24examination shall be placed on the initial eligibility
25register. For placement on the final eligibility register, the
26passing score shall be determined by (i) calculating the mean

 

 

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1score for all applicants participating in the written test; and
2(ii) adding 20% to the mean score. Applicants whose total
3scores, including any applicable preference points, are above
4the mean score plus 20%, shall be placed on the master register
5of eligibles by the JLMC.
6    These persons shall take rank upon the register as
7candidates in the order of their relative excellence based on
8the highest to the lowest total points scored on the mental
9aptitude and physical ability components, plus any applicable
10preference points requested and verified by the JLMC, or
11approved testing agency.
12    No more than 60 days after each examination, a revised
13master register of eligibles shall be posted by the JLMC
14showing the final grades of the candidates without reference to
15priority of time of examination.
16    (h) Preferences. The board shall give military, education,
17and experience preference points to those who qualify for
18placement on the master register of eligibles, on the same
19basis as provided for examinations administered by a local
20commission.
21    No person entitled to preference or credit shall be
22required to claim the credit before any examination held under
23the provisions of this Section. The preference shall be given
24after the posting or publication of the applicant's initial
25score at the request of the person before finalizing the scores
26from all applicants taking part in a JLMC examination.

 

 

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1Candidates who are eligible for preference credit shall make a
2claim in writing within 10 days after the posting of the
3initial scores from any JLMC test or the claim shall be deemed
4waived. Once preference points are awarded, the candidates
5shall be certified to the master register in accordance with
6their final score including preference points.
7    (i) Firefighter apprentice and firefighter-paramedic
8apprentice. The employment of an applicant to an apprentice
9position (including a currently employed full-time member of a
10fire department whose apprenticeship may be reduced or waived)
11shall be subject to the applicant passing the moral character
12standards and health examinations of the local commission. In
13addition, a local commission may require as a condition of
14employment that the applicant demonstrate current physical
15ability by either passing the local commission's approved
16physical ability examination, or by presenting proof of
17participating in and receiving a passing score on the physical
18ability component of a JLMC test within a period of up to 12
19months before the date of the conditional offer of employment.
20Applicants shall be subject to the local commission's initial
21hire background review including criminal history, employment
22history, moral character, oral examination, and medical
23examinations which may include polygraph, psychological, and
24drug screening components, all on a pass-fail basis. The
25medical examinations must be conducted last, and may only be
26performed after a conditional offer of employment has been

 

 

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1extended.
2    (j) Selection from list. Any municipality or fire
3protection district that is a party to an intergovernmental
4agreement under the terms of which persons have been tested for
5placement on the master register of eligibles shall be entitled
6to offer employment to any person on the list irrespective of
7their ranking on the list. The offer of employment shall be to
8the position of firefighter apprentice or
9firefighter-paramedic apprentice.
10    Applicants passing these tests may be employed as a
11firefighter apprentice or a firefighter-paramedic apprentice
12who shall serve an apprenticeship period of 12 months or less
13according to the terms and conditions of employment as the
14employing municipality or district offers, or as provided for
15under the terms of any collective bargaining agreement then in
16effect. The apprenticeship period is separate from the
17probationary period.
18    Service during the apprenticeship period shall be on a
19probationary basis. During the apprenticeship period, the
20apprentice's training and performance shall be monitored and
21evaluated by a Joint Apprenticeship Committee.
22    The Joint Apprenticeship Committee shall consist of 4
23members who shall be regular members of the fire department
24with at least 10 years of full-time work experience as a
25firefighter or firefighter-paramedic. The fire chief and the
26president of the exclusive bargaining representative

 

 

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1recognized by the employer shall each appoint 2 members to the
2Joint Apprenticeship Committee. In the absence of an exclusive
3collective bargaining representative, the chief shall appoint
4the remaining 2 members who shall be from the ranks of company
5officer and firefighter with at least 10 years of work
6experience as a firefighter or firefighter-paramedic. In the
7absence of a sufficient number of qualified firefighters, the
8Joint Apprenticeship Committee members shall have the amount of
9experience and the type of qualifications as is reasonable
10given the circumstances of the fire department. In the absence
11of a full-time member in a rank between chief and the highest
12rank in a bargaining unit, the Joint Apprenticeship Committee
13shall be reduced to 2 members, one to be appointed by the chief
14and one by the union president, if any. If there is no
15exclusive bargaining representative, the chief shall appoint
16the second member of the Joint Apprenticeship Committee from
17among qualified members in the ranks of company officer and
18below. Before the conclusion of the apprenticeship period, the
19Joint Apprenticeship Committee shall meet to consider the
20apprentice's progress and performance and vote to retain the
21apprentice as a member of the fire department or to terminate
22the apprenticeship. If 3 of the 4 members of the Joint
23Apprenticeship Committee affirmatively vote to retain the
24apprentice (if a 2 member Joint Apprenticeship Committee
25exists, then both members must affirmatively vote to retain the
26apprentice), the local commission shall issue the apprentice a

 

 

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1certificate of original appointment to the fire department.
2    (k) A person who knowingly divulges or receives test
3questions or answers before a written examination, or otherwise
4knowingly violates or subverts any requirement of this Section,
5commits a violation of this Section and may be subject to
6charges for official misconduct.
7    A person who is the knowing recipient of test information
8in advance of the examination shall be disqualified from the
9examination or discharged from the position to which he or she
10was appointed, as applicable, and otherwise subjected to
11disciplinary actions.
 
12    (65 ILCS 5/10-2.1-4)  (from Ch. 24, par. 10-2.1-4)
13    Sec. 10-2.1-4. Fire and police departments; Appointment of
14members; Certificates of appointments.
15    The board of fire and police commissioners shall appoint
16all officers and members of the fire and police departments of
17the municipality, including the chief of police and the chief
18of the fire department, unless the council or board of trustees
19shall by ordinance as to them otherwise provide; except as
20otherwise provided in this Section, and except that in any
21municipality which adopts or has adopted this Division 2.1 and
22also adopts or has adopted Article 5 of this Code, the chief of
23police and the chief of the fire department shall be appointed
24by the municipal manager, if it is provided by ordinance in
25such municipality that such chiefs, or either of them, shall

 

 

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1not be appointed by the board of fire and police commissioners.
2    If the chief of the fire department or the chief of the
3police department or both of them are appointed in the manner
4provided by ordinance, they may be removed or discharged by the
5appointing authority. In such case the appointing authority
6shall file with the corporate authorities the reasons for such
7removal or discharge, which removal or discharge shall not
8become effective unless confirmed by a majority vote of the
9corporate authorities.
10    If a member of the department is appointed chief of police
11or chief of the fire department prior to being eligible to
12retire on pension, he shall be considered as on furlough from
13the rank he held immediately prior to his appointment as chief.
14If he resigns as chief or is discharged as chief prior to
15attaining eligibility to retire on pension, he shall revert to
16and be established in whatever rank he currently holds, except
17for previously appointed positions, and thereafter be entitled
18to all the benefits and emoluments of that rank, without regard
19as to whether a vacancy then exists in that rank.
20    All appointments to each department other than that of the
21lowest rank, however, shall be from the rank next below that to
22which the appointment is made except as otherwise provided in
23this Section, and except that the chief of police and the chief
24of the fire department may be appointed from among members of
25the police and fire departments, respectively, regardless of
26rank, unless the council or board of trustees shall have by

 

 

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1ordinance as to them otherwise provided. A chief of police or
2the chief of the fire department, having been appointed from
3among members of the police or fire department, respectively,
4shall be permitted, regardless of rank, to take promotional
5exams and be promoted to a higher classified rank than he
6currently holds, without having to resign as chief of police or
7chief of the fire department.
8    The sole authority to issue certificates of appointment
9shall be vested in the Board of Fire and Police Commissioners
10and all certificates of appointments issued to any officer or
11member of the fire or police department of a municipality shall
12be signed by the chairman and secretary respectively of the
13board of fire and police commissioners of such municipality,
14upon appointment of such officer or member of the fire and
15police department of such municipality by action of the board
16of fire and police commissioners. In any municipal fire
17department that employs full-time firefighters and is subject
18to a collective bargaining agreement, a person who has not
19qualified for regular appointment under the provisions of this
20Division 2.1 shall not be used as a temporary or permanent
21substitute for classified members of a municipality's fire
22department or for regular appointment as a classified member of
23a municipality's fire department unless mutually agreed to by
24the employee's certified bargaining agent. Such agreement
25shall be considered a permissive subject of bargaining.
26Municipal fire departments covered by the changes made by this

 

 

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1amendatory Act of the 95th General Assembly that are using
2non-certificated employees as substitutes immediately prior to
3the effective date of this amendatory Act of the 95th General
4Assembly may, by mutual agreement with the certified bargaining
5agent, continue the existing practice or a modified practice
6and that agreement shall be considered a permissive subject of
7bargaining. A home rule unit may not regulate the hiring of
8temporary or substitute members of the municipality's fire
9department in a manner that is inconsistent with this Section.
10This Section is a limitation under subsection (i) of Section 6
11of Article VII of the Illinois Constitution on the concurrent
12exercise by home rule units of powers and functions exercised
13by the State.
14    The term "policemen" as used in this Division does not
15include auxiliary police officers except as provided for in
16Section 10-2.1-6.
17    Any full time member of a regular fire or police department
18of any municipality which comes under the provisions of this
19Division or adopts this Division 2.1 or which has adopted any
20of the prior Acts pertaining to fire and police commissioners,
21is a city officer.
22    Notwithstanding any other provision of this Section, the
23Chief of Police of a department in a non-homerule municipality
24of more than 130,000 inhabitants may, without the advice or
25consent of the Board of Fire and Police Commissioners, appoint
26up to 6 officers who shall be known as deputy chiefs or

 

 

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1assistant deputy chiefs, and whose rank shall be immediately
2below that of Chief. The deputy or assistant deputy chiefs may
3be appointed from any rank of sworn officers of that
4municipality, but no person who is not such a sworn officer may
5be so appointed. Such deputy chief or assistant deputy chief
6shall have the authority to direct and issue orders to all
7employees of the Department holding the rank of captain or any
8lower rank. A deputy chief of police or assistant deputy chief
9of police, having been appointed from any rank of sworn
10officers of that municipality, shall be permitted, regardless
11of rank, to take promotional exams and be promoted to a higher
12classified rank than he currently holds, without having to
13resign as deputy chief of police or assistant deputy chief of
14police.
15    Notwithstanding any other provision of this Section, a
16non-homerule municipality of 130,000 or fewer inhabitants,
17through its council or board of trustees, may, by ordinance,
18provide for a position of deputy chief to be appointed by the
19chief of the police department. The ordinance shall provide for
20no more than one deputy chief position if the police department
21has fewer than 25 full-time police officers and for no more
22than 2 deputy chief positions if the police department has 25
23or more full-time police officers. The deputy chief position
24shall be an exempt rank immediately below that of Chief. The
25deputy chief may be appointed from any rank of sworn, full-time
26officers of the municipality's police department, but must have

 

 

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1at least 5 years of full-time service as a police officer in
2that department. A deputy chief shall serve at the discretion
3of the Chief and, if removed from the position, shall revert to
4the rank currently held, without regard as to whether a vacancy
5exists in that rank. A deputy chief of police, having been
6appointed from any rank of sworn full-time officers of that
7municipality's police department, shall be permitted,
8regardless of rank, to take promotional exams and be promoted
9to a higher classified rank than he currently holds, without
10having to resign as deputy chief of police.
11    No municipality having a population less than 1,000,000
12shall require that any firefighter appointed to the lowest rank
13serve a probationary employment period of longer than one year.
14The limitation on periods of probationary employment provided
15in this amendatory Act of 1989 is an exclusive power and
16function of the State. Pursuant to subsection (h) of Section 6
17of Article VII of the Illinois Constitution, a home rule
18municipality having a population less than 1,000,000 must
19comply with this limitation on periods of probationary
20employment, which is a denial and limitation of home rule
21powers. Notwithstanding anything to the contrary in this
22Section, the probationary employment period limitation may be
23extended for a firefighter who is required, as a condition of
24employment, to be a certified paramedic, during which time the
25sole reason that a firefighter may be discharged without a
26hearing is for failing to meet the requirements for paramedic

 

 

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1certification.
2    To the extent that this Section or any other Section in
3this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4,
4then Section 10-2.1-6.3 or 10-2.1-6.4 shall control.
5(Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06;
695-490, eff. 6-1-08.)
 
7    (65 ILCS 5/10-2.1-6.3 new)
8    Sec. 10-2.1-6.3. Original appointments; full-time fire
9department.
10    (a) Applicability. Unless a commission elects to follow the
11provisions of Section 10-2.1-6.4, this Section shall apply to
12all original appointments to an affected full-time fire
13department. Existing registers of eligibles shall continue to
14be valid until their expiration dates, or up to a maximum of 2
15years after the effective date of this amendatory Act of the
1697th General Assembly.
17    Notwithstanding any statute, ordinance, rule, or other law
18to the contrary, all original appointments to an affected
19department to which this Section applies shall be administered
20in the manner provided for in this Section. Provisions of the
21Illinois Municipal Code, municipal ordinances, and rules
22adopted pursuant to such authority and other laws relating to
23initial hiring of firefighters in affected departments shall
24continue to apply to the extent they are compatible with this
25Section, but in the event of a conflict between this Section

 

 

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1and any other law, this Section shall control.
2    A home rule or non-home rule municipality may not
3administer its fire department process for original
4appointments in a manner that is inconsistent with this
5Section. This Section is a limitation under subsection (i) of
6Section 6 of Article VII of the Illinois Constitution on the
7concurrent exercise by home rule units of the powers and
8functions exercised by the State.
9    A municipality that is operating under a court order or
10consent decree regarding original appointments to a full-time
11fire department before the effective date of this amendatory
12Act of the 97th General Assembly is exempt from the
13requirements of this Section for the duration of the court
14order or consent decree.
15    (b) Original appointments. All original appointments made
16to an affected fire department shall be made from a register of
17eligibles established in accordance with the processes
18established by this Section. Only persons who meet or exceed
19the performance standards required by this Section shall be
20placed on a register of eligibles for original appointment to
21an affected fire department.
22    Whenever an appointing authority authorizes action to hire
23a person to perform the duties of a firefighter or to hire a
24firefighter-paramedic to fill a position that is a new position
25or vacancy due to resignation, discharge, promotion, death, the
26granting of a disability or retirement pension, or any other

 

 

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1cause, the appointing authority shall appoint to that position
2the person with the highest ranking on the final eligibility
3list, except that the appointing authority shall have the right
4to pass over that person and appoint the next highest ranked
5person on the list if the appointing authority has reason to
6conclude that the highest ranked person fails to meet the
7minimum standards for the position.
8    Any candidate may pass on an appointment once without
9losing his or her position on the register of eligibles. Any
10candidate who passes a second time may be removed from the list
11by the appointing authority provided that such action shall not
12prejudice a person's opportunities to participate in future
13examinations, including an examination held during the time a
14candidate is already on the municipality's register of
15eligibles.
16    The sole authority to issue certificates of appointment
17shall be vested in the board of fire and police commissioners.
18All certificates of appointment issued to any officer or member
19of an affected department shall be signed by the chairperson
20and secretary, respectively, of the board upon appointment of
21such officer or member to the affected department by action of
22the board. Each person who accepts a certificate of appointment
23and successfully completes his or her probationary period shall
24be enrolled as a firefighter and as a regular member of the
25fire department.
26    For the purposes of this Section, "firefighter" means any

 

 

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1person who has been prior to, on, or after the effective date
2of this amendatory Act of the 97th General Assembly appointed
3to a fire department or fire protection district or employed by
4a State university and sworn or commissioned to perform
5firefighter duties or paramedic duties, or both, except that
6the following persons are not included: part-time
7firefighters; auxiliary, reserve, or voluntary firefighters,
8including paid-on-call firefighters; clerks and dispatchers or
9other civilian employees of a fire department or fire
10protection district who are not routinely expected to perform
11firefighter duties; and elected officials.
12    (c) Qualification for placement on register of eligibles.
13The purpose of establishing a register of eligibles is to
14identify applicants who possess and demonstrate the mental
15aptitude and physical ability to perform the duties required of
16members of the fire department in order to provide the highest
17quality of service to the public. To this end, all applicants
18for original appointment to an affected fire department shall
19be subject to examination and testing which shall be public,
20competitive, and open to all applicants unless the municipality
21shall by ordinance limit applicants to residents of the
22municipality, county or counties in which the municipality is
23located, State, or nation. Municipalities may establish
24educational, emergency medical service licensure, and other
25pre-requisites for participation in an examination or for hire
26as a firefighter. Any fee to cover the costs of the application

 

 

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1process shall not exceed $25.
2    Residency requirements in effect at the time an individual
3enters the fire service of a municipality (other than a
4municipality that has more than 1,000,000 inhabitants) cannot
5be made more restrictive for that individual during his or her
6period of service for that municipality, or be made a condition
7of promotion, except for the rank or position of fire chief and
8for no more than 2 positions that rank immediately below that
9of the chief rank which are appointed positions pursuant to the
10Fire Department Promotion Act.
11    No person who is 35 years of age or older shall be eligible
12to take an examination for a position as a firefighter unless
13the person has had previous employment status as a firefighter
14in the regularly constituted fire department of the
15municipality, except as provided in this Section. The age
16limitation does not apply to:
17        (1) any person previously employed as a full-time
18    firefighter in a regularly constituted fire department of
19    (i) any municipality or fire protection district located in
20    Illinois, (ii) a fire protection district whose
21    obligations were assumed by a municipality under Section 21
22    of the Fire Protection District Act, or (iii) a
23    municipality whose obligations were taken over by a fire
24    protection district, or
25        (2) any person who has served a municipality as a
26    regularly enrolled volunteer, paid-on-call, or part-time

 

 

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1    firefighter for the 5 years immediately preceding the time
2    that the municipality begins to use full-time firefighters
3    to provide all or part of its fire protection service.
4    No person who is under 21 years of age shall be eligible
5for employment as a firefighter.
6    No applicant shall be examined concerning his or her
7political or religious opinions or affiliations. The
8examinations shall be conducted by the commissioners of the
9municipality or their designees and agents.
10    No municipality having a population of less than 1,000,000
11shall require that any firefighter appointed to the lowest rank
12serve a probationary employment period of longer than one year
13of actual active employment, which may exclude periods of
14training, or injury or illness leaves, including duty related
15leave, in excess of 30 calendar days. Notwithstanding anything
16to the contrary in this Section, the probationary employment
17period limitation may be extended for a firefighter who is
18required, as a condition of employment, to be a certified
19paramedic, during which time the sole reason that a firefighter
20may be discharged without a hearing is for failing to meet the
21requirements for paramedic certification.
22    In the event that any applicant who has been found eligible
23for appointment and whose name has been placed upon the final
24eligibility register provided for in this Section has not been
25appointed to a firefighter position within one year after the
26date of his or her physical ability examination, the commission

 

 

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1may cause a second examination to be made of that applicant's
2physical ability prior to his or her appointment. If, after the
3second examination, the physical ability of the applicant shall
4be found to be less than the minimum standard fixed by the
5rules of the commission, the applicant shall not be appointed.
6The applicant's name may be retained upon the register of
7candidates eligible for appointment and when next reached for
8certification and appointment that applicant may be again
9examined as provided in this Section, and if the physical
10ability of that applicant is found to be less than the minimum
11standard fixed by the rules of the commission, the applicant
12shall not be appointed, and the name of the applicant shall be
13removed from the register.
14    (d) Notice, examination, and testing components. Notice of
15the time, place, general scope, merit criteria for any
16subjective component, and fee of every examination shall be
17given by the commission, by a publication at least 2 weeks
18preceding the examination, in one or more newspapers published
19in the municipality, or if no newspaper is published therein,
20then in one or more newspapers with a general circulation
21within the municipality. The municipality may publish the
22notice on the municipality's Internet website. Additional
23notice of the examination may be given as the commission shall
24prescribe.
25    The examination and qualifying standards for employment of
26firefighters shall be based on: mental aptitude, physical

 

 

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1ability, preferences, moral character, and health. The mental
2aptitude, physical ability, and preference components shall
3determine an applicant's qualification for and placement on the
4final register of eligibles. The examination may also include a
5subjective component based on merit criteria as determined by
6the commission. Scores from the examination must be made
7available to the public.
8    (e) Mental aptitude. No person who does not possess at
9least a high school diploma or an equivalent high school
10education shall be placed on a register of eligibles.
11Examination of an applicant's mental aptitude shall be based
12upon a written examination. The examination shall be practical
13in character and relate to those matters that fairly test the
14capacity of the persons examined to discharge the duties
15performed by members of a fire department. Written examinations
16shall be administered in a manner that ensures the security and
17accuracy of the scores achieved.
18    (f) Physical ability. All candidates shall be required to
19undergo an examination of their physical ability to perform the
20essential functions included in the duties they may be called
21upon to perform as a member of a fire department. For the
22purposes of this Section, essential functions of the job are
23functions associated with duties that a firefighter may be
24called upon to perform in response to emergency calls. The
25frequency of the occurrence of those duties as part of the fire
26department's regular routine shall not be a controlling factor

 

 

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1in the design of examination criteria or evolutions selected
2for testing. These physical examinations shall be open,
3competitive, and based on industry standards designed to test
4each applicant's physical abilities in the following
5dimensions (or a similar test designed to ensure that the
6successful candidates are able to perform the essential
7functions of the firefighter's job description):
8        (1) Muscular strength to perform tasks and evolutions
9    that may be required in the performance of duties including
10    grip strength, leg strength, and arm strength. Tests shall
11    be conducted under anaerobic as well as aerobic conditions
12    to test both the candidate's speed and endurance in
13    performing tasks and evolutions. Tasks tested may be based
14    on standards developed, or approved, by the local
15    appointing authority.
16        (2) The ability to climb ladders, operate from heights,
17    walk or crawl in the dark along narrow and uneven surfaces,
18    and operate in proximity to hazardous environments.
19        (3) The ability to carry out critical, time-sensitive,
20    and complex problem solving during physical exertion in
21    stressful and hazardous environments. The testing
22    environment may be hot and dark with tightly enclosed
23    spaces, flashing lights, sirens, and other distractions.
24    Physical ability examinations administered under this
25Section shall be conducted with a reasonable number of proctors
26and monitors, open to the public, and subject to reasonable

 

 

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1regulations of the commission.
2    (g) Scoring of examination components. The examination
3components shall be graded on a 100-point scale. A person's
4position on the list shall be determined by the following: (i)
5the person's score on the written examination, (ii) the person
6successfully passing the physical ability component, (iii) the
7person's results on any subjective component as described in
8subsection (d), and (iv) the addition of any applicable
9preference points.
10    Applicants who pass the written examination, the physical
11ability examination, and any subjective component shall be
12placed on the initial eligibility register. The passing score
13for each of these test components shall be determined by
14calculating a mean score for all applicants participating in
15each test. In order to qualify for placement on the final
16eligibility register, an applicant's total score, before any
17applicable preference points are applied, shall be at or above
18the mean score plus 10%. The local appointing authority may
19prescribe the score to qualify for placement on the final
20eligibility register, but the score shall not be less than the
21mean score plus 10%.
22    The commission shall prepare and keep a register of persons
23whose total score is not less than the minimum fixed by this
24Section. These persons shall take rank upon the register as
25candidates in the order of their relative excellence based on
26the highest to the lowest total points scored on the mental

 

 

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1aptitude, physical ability, and preference components of the
2test administered in accordance with this Section. No more than
360 days after each examination, an initial eligibility list
4shall be posted by the commission. The list shall include the
5final grades of the candidates without reference to priority of
6the time of examination and subject to claim for preference
7credit.
8    Commissions may conduct additional examinations, including
9without limitation a polygraph test, after a final eligibility
10register is established and before it expires with the
11candidates ranked by total score without regard to date of
12examination. No more than 60 days after each examination, an
13initial eligibility list shall be posted by the commission
14showing the final grades of the candidates without reference to
15priority of time of examination and subject to claim for
16preference credit.
17    (h) Preferences. The following are preferences:
18        (1) Veteran preference. Persons who were engaged in the
19    military service of the United States for a period of at
20    least one year of active duty and who were honorably
21    discharged therefrom, or who are now or have been members
22    on inactive or reserve duty in such military or naval
23    service, shall be preferred for appointment to and
24    employment with the fire department of an affected
25    department.
26        (2) Fire cadet preference. Persons who have

 

 

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1    successfully completed 2 years of study in fire techniques
2    or cadet training within a cadet program established under
3    the rules of the Joint Labor and Management Committee
4    (JLMC), as defined in Section 50 of the Fire Department
5    Promotion Act, may be preferred for appointment to and
6    employment with the fire department.
7        (3) Educational preference. Persons who have
8    successfully obtained an associate's degree in the field of
9    fire service or emergency medical services, or a bachelor's
10    degree from an accredited college or university may be
11    preferred for appointment to and employment with the fire
12    department.
13        (4) Paramedic preference. Persons who have obtained
14    certification as an Emergency Medical Technician-Paramedic
15    (EMT-P) shall be preferred for appointment to and
16    employment with the fire department of an affected
17    department providing emergency medical services.
18        (5) Experience preference. All persons employed by a
19    municipality who have been paid-on-call or part-time
20    certified Firefighter II, State of Illinois or nationally
21    licensed EMT-B or EMT-I, or any combination of those
22    capacities shall be awarded 0.5 point for each year of
23    successful service in one or more of those capacities, up
24    to a maximum of 5 points. Certified Firefighter III and
25    State of Illinois or nationally licensed paramedics shall
26    be awarded one point per year up to a maximum of 5 points.

 

 

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1    Applicants from outside the municipality who were employed
2    as full-time firefighters or firefighter-paramedics by a
3    fire protection district or another municipality for at
4    least 2 years shall be awarded 5 experience preference
5    points. These additional points presuppose a rating scale
6    totaling 100 points available for the eligibility list. If
7    more or fewer points are used in the rating scale for the
8    eligibility list, the points awarded under this subsection
9    shall be increased or decreased by a factor equal to the
10    total possible points available for the examination
11    divided by 100.
12        (6) Residency preference. Applicants whose principal
13    residence is located within the fire department's
14    jurisdiction shall be preferred for appointment to and
15    employment with the fire department.
16        Upon request by the commission, the governing body of
17    the municipality or in the case of applicants from outside
18    the municipality the governing body of any fire protection
19    district or any other municipality shall certify to the
20    commission, within 10 days after the request, the number of
21    years of successful paid-on-call, part-time, or full-time
22    service of any person. A candidate may not receive the full
23    amount of preference points under this subsection if the
24    amount of points awarded would place the candidate before a
25    veteran on the eligibility list. If more than one candidate
26    receiving experience preference points is prevented from

 

 

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1    receiving all of their points due to not being allowed to
2    pass a veteran, the candidates shall be placed on the list
3    below the veteran in rank order based on the totals
4    received if all points under this subsection were to be
5    awarded. Any remaining ties on the list shall be determined
6    by lot.
7        (7) Additional preferences. Up to 5 additional
8    preference points may be awarded for unique categories
9    based on an applicant's experience or background as
10    identified by the commission.
11        (8) Scoring of preferences. The commission shall give
12    preference for original appointment to persons designated
13    in item (1) by adding to the final grade that they receive
14    5 points for the recognized preference achieved. The
15    commission shall determine the number of preference points
16    for each category except (1). The number of preference
17    points for each category shall range from 0 to 5. In
18    determining the number of preference points, the
19    commission shall prescribe that if a candidate earns the
20    maximum number of preference points in all categories, that
21    number may not be less than 10 nor more than 30. The
22    commission shall give preference for original appointment
23    to persons designated in items (2) through (7) by adding
24    the requisite number of points to the final grade for each
25    recognized preference achieved. The numerical result thus
26    attained shall be applied by the commission in determining

 

 

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1    the final eligibility list and appointment from the
2    eligibility list. The local appointing authority may
3    prescribe the total number of preference points awarded
4    under this Section, but the total number of preference
5    points shall not be less than 10 points or more than 30
6    points.
7    No person entitled to any preference shall be required to
8claim the credit before any examination held under the
9provisions of this Section, but the preference shall be given
10after the posting or publication of the initial eligibility
11list or register at the request of a person entitled to a
12credit before any certification or appointments are made from
13the eligibility register, upon the furnishing of verifiable
14evidence and proof of qualifying preference credit. Candidates
15who are eligible for preference credit shall make a claim in
16writing within 10 days after the posting of the initial
17eligibility list, or the claim shall be deemed waived. Final
18eligibility registers shall be established after the awarding
19of verified preference points. All employment shall be subject
20to the commission's initial hire background review including,
21but not limited to, criminal history, employment history, moral
22character, oral examination, and medical and psychological
23examinations, all on a pass-fail basis. The medical and
24psychological examinations must be conducted last, and may only
25be performed after a conditional offer of employment has been
26extended.

 

 

HB1576 Engrossed- 54 -LRB097 07146 RLJ 47248 b

1    Any person placed on an eligibility list who exceeds the
2age requirement before being appointed to a fire department
3shall remain eligible for appointment until the list is
4abolished, or his or her name has been on the list for a period
5of 2 years. No person who has attained the age of 35 years
6shall be inducted into a fire department, except as otherwise
7provided in this Section.
8    The commission shall strike off the names of candidates for
9original appointment after the names have been on the list for
10more than 2 years.
11    (i) Moral character. No person shall be appointed to a fire
12department unless he or she is a person of good character; not
13a habitual drunkard, a gambler, or a person who has been
14convicted of a felony or a crime involving moral turpitude.
15However, no person shall be disqualified from appointment to
16the fire department because of the person's record of
17misdemeanor convictions except those under Sections 11-6,
1811-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1912-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2031-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
211, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
22arrest for any cause without conviction thereon. Any such
23person who is in the department may be removed on charges
24brought for violating this subsection and after a trial as
25hereinafter provided.
26    A classifiable set of the fingerprints of every person who

 

 

HB1576 Engrossed- 55 -LRB097 07146 RLJ 47248 b

1is offered employment as a certificated member of an affected
2fire department whether with or without compensation, shall be
3furnished to the Illinois Department of State Police and to the
4Federal Bureau of Investigation by the commission.
5    Whenever a commission is authorized or required by law to
6consider some aspect of criminal history record information for
7the purpose of carrying out its statutory powers and
8responsibilities, then, upon request and payment of fees in
9conformance with the requirements of Section 2605-400 of the
10State Police Law of the Civil Administrative Code of Illinois,
11the Department of State Police is authorized to furnish,
12pursuant to positive identification, the information contained
13in State files as is necessary to fulfill the request.
14    (j) Temporary appointments. In order to prevent a stoppage
15of public business, to meet extraordinary exigencies, or to
16prevent material impairment of the fire department, the
17commission may make temporary appointments, to remain in force
18only until regular appointments are made under the provisions
19of this Division, but never to exceed 60 days. No temporary
20appointment of any one person shall be made more than twice in
21any calendar year.
22    (k) A person who knowingly divulges or receives test
23questions or answers before a written examination, or otherwise
24knowingly violates or subverts any requirement of this Section,
25commits a violation of this Section and may be subject to
26charges for official misconduct.

 

 

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1    A person who is the knowing recipient of test information
2in advance of the examination shall be disqualified from the
3examination or discharged from the position to which he or she
4was appointed, as applicable, and otherwise subjected to
5disciplinary actions.
 
6    (65 ILCS 5/10-2.1-6.4 new)
7    Sec. 10-2.1-6.4. Alternative procedure; original
8appointment; full-time firefighter.
9    (a) Authority. The Joint Labor and Management Committee
10(JLMC), as defined in Section 50 of the Fire Department
11Promotion Act, may establish a community outreach program to
12market the profession of firefighter and firefighter-paramedic
13so as to ensure the pool of applicants recruited is of broad
14diversity and the highest quality.
15    For the purposes of this Section, "firefighter" means any
16person who has been prior to, on, or after the effective date
17of this amendatory Act of the 97th General Assembly appointed
18to a fire department or fire protection district or employed by
19a State university and sworn or commissioned to perform
20firefighter duties or paramedic duties, or both, except that
21the following persons are not included: part-time
22firefighters; auxiliary, reserve, or voluntary firefighters,
23including paid-on-call firefighters; clerks and dispatchers or
24other civilian employees of a fire department or fire
25protection district who are not routinely expected to perform

 

 

HB1576 Engrossed- 57 -LRB097 07146 RLJ 47248 b

1firefighter duties; and elected officials.
2    (b) Eligibility. Persons eligible for placement on the
3master register of eligibles shall consist of the following:
4        Persons who have participated in and received a passing
5    total score on the mental aptitude, physical ability, and
6    preference components of a regionally administered test
7    based on the standards described in this Section. The
8    standards for administering these tests and the minimum
9    passing score required for placement on this list shall be
10    as is set forth in this Section.
11        Qualified candidates shall be listed on the master
12    register of eligibles in highest to lowest rank order based
13    upon their test scores without regard to their date of
14    examination. Candidates listed on the master register of
15    eligibles shall be eligible for appointment for 2 years
16    after the date of the certification of their final score on
17    the register without regard to the date of their
18    examination. After 2 years, the candidate's name shall be
19    struck from the list.
20        Any person currently employed as a full-time member of
21    a fire department or any person who has experienced a
22    non–voluntary (and non-disciplinary) separation from the
23    active workforce due to a reduction in the number of
24    departmental officers, who was appointed pursuant to
25    Division 1 of Article 10 of the Illinois Municipal Code,
26    Division 2.1 of Article 10 of the Illinois Municipal Code,

 

 

HB1576 Engrossed- 58 -LRB097 07146 RLJ 47248 b

1    or the Fire Protection District Act, and who during the
2    previous 24 months participated in and received a passing
3    score on the physical ability and mental aptitude
4    components of the test may request that his or her name be
5    added to the master register. Any eligible person may be
6    offered employment by a local commission under the same
7    procedures as provided by this Section except that the
8    apprenticeship period may be waived and the applicant may
9    be immediately issued a certificate of original
10    appointment by the local commission.
11    (c) Qualifications for placement on register of eligibles.
12The purpose for establishing a master register of eligibles
13shall be to identify applicants who possess and demonstrate the
14mental aptitude and physical ability to perform the duties
15required of members of the fire department in order to provide
16the highest quality of service to the public. To this end, all
17applicants for original appointment to an affected fire
18department through examination conducted by the Joint Labor and
19Management Committee (JLMC) shall be subject to examination and
20testing which shall be public, competitive, and open to all
21applicants. Any subjective component of the testing must be
22administered by certified assessors. All qualifying and
23disqualifying factors applicable to examination processes for
24local commissions in this amendatory Act of the 97th General
25Assembly shall be applicable to persons participating in Joint
26Labor and Management Committee examinations unless

 

 

HB1576 Engrossed- 59 -LRB097 07146 RLJ 47248 b

1specifically provided otherwise in this Section.
2    Notice of the time, place, general scope, and fee of every
3JLMC examination shall be given by the JLMC or designated
4testing agency, as applicable, by a publication at least 30
5days preceding the examination, in one or more newspapers
6published in the region, or if no newspaper is published
7therein, then in one or more newspapers with a general
8circulation within the region. The JLMC may publish the notice
9on the JLMC's Internet website. Additional notice of the
10examination may be given as the JLMC shall prescribe.
11    (d) Examination and testing components for placement on
12register of eligibles. The examination and qualifying
13standards for placement on the master register of eligibles and
14employment shall be based on the following components: mental
15aptitude, physical ability, preferences, moral character, and
16health. The mental aptitude, physical ability, and preference
17components shall determine an applicant's qualification for
18and placement on the master register of eligibles. The
19consideration of an applicant's general moral character and
20health shall be administered on a pass-fail basis after a
21conditional offer of employment is made by a local commission.
22    (e) Mental aptitude. Examination of an applicant's mental
23aptitude shall be based upon written examination and an
24applicant's prior experience demonstrating an aptitude for and
25commitment to service as a member of a fire department. Written
26examinations shall be practical in character and relate to

 

 

HB1576 Engrossed- 60 -LRB097 07146 RLJ 47248 b

1those matters that fairly test the capacity of the persons
2examined to discharge the duties performed by members of a fire
3department. Written examinations shall be administered in a
4manner that ensures the security and accuracy of the scores
5achieved. Any subjective component of the testing must be
6administered by certified assessors. No person who does not
7possess a high school diploma or an equivalent high school
8education shall be placed on a register of eligibles. Local
9commissions may establish educational, emergency medical
10service licensure, and other pre-requisites for hire within
11their jurisdiction.
12    (f) Physical ability. All candidates shall be required to
13undergo an examination of their physical ability to perform the
14essential functions included in the duties they may be called
15upon to perform as a member of a fire department. For the
16purposes of this Section, essential functions of the job are
17functions associated with duties that a firefighter may be
18called upon to perform in response to emergency calls. The
19frequency of the occurrence of those duties as part of the fire
20department's regular routine shall not be a controlling factor
21in the design of examination criteria or evolutions selected
22for testing. These physical examinations shall be open,
23competitive, and based on industry standards designed to test
24each applicant's physical abilities in each of the following
25dimensions (or a similar test designed to ensure that the
26successful candidates are able to perform the essential

 

 

HB1576 Engrossed- 61 -LRB097 07146 RLJ 47248 b

1functions of a firefighter's job description):
2        (1) Muscular strength to perform tasks and evolutions
3    that may be required in the performance of duties including
4    grip strength, leg strength, and arm strength. Tests shall
5    be conducted under anaerobic as well as aerobic conditions
6    to test both the candidate's speed and endurance in
7    performing tasks and evolutions. Tasks tested are to be
8    based on industry standards developed by the JLMC by rule.
9        (2) The ability to climb ladders, operate from heights,
10    walk or crawl in the dark along narrow and uneven surfaces,
11    and operate in proximity to hazardous environments.
12        (3) The ability to carry out critical, time-sensitive,
13    and complex problem solving during physical exertion in
14    stressful and hazardous environments. The testing
15    environment may be hot and dark with tightly enclosed
16    spaces, flashing lights, sirens, and other distractions.
17    (g) Scoring of examination components. The examination
18components shall be graded on a 100-point scale. A person's
19position on the master register of eligibles shall be
20determined by the person's score on the written examination,
21the person successfully passing the physical ability
22component, and the addition of any applicable preference
23points.
24    Applicants who have achieved at least the mean score of all
25applicants participating in the written examination at the same
26time, and who successfully pass the physical ability

 

 

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1examination shall be placed on the initial eligibility
2register. For placement on the final eligibility register, the
3passing score shall be determined by (i) calculating the mean
4score for all applicants participating in the written test; and
5(ii) adding 20% to the mean score. Applicants whose total
6scores, including any applicable preference points, are above
7the mean score plus 20%, shall be placed on the master register
8of eligibles by the JLMC.
9    These persons shall take rank upon the register as
10candidates in the order of their relative excellence based on
11the highest to the lowest total points scored on the mental
12aptitude and physical ability components, plus any applicable
13preference points requested and verified by the JLMC, or
14approved testing agency.
15    No more than 60 days after each examination, a revised
16master register of eligibles shall be posted by the JLMC
17showing the final grades of the candidates without reference to
18priority of time of examination.
19    (h) Preferences. The board shall give military, education,
20and experience preference points to those who qualify for
21placement on the master register of eligibles, on the same
22basis as provided for examinations administered by a local
23commission.
24    No person entitled to preference or credit shall be
25required to claim the credit before any examination held under
26the provisions of this Section. The preference shall be given

 

 

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1after the posting or publication of the applicant's initial
2score at the request of the person before finalizing the scores
3from all applicants taking part in a JLMC examination.
4Candidates who are eligible for preference credit shall make a
5claim in writing within 10 days after the posting of the
6initial scores from any JLMC test or the claim shall be deemed
7waived. Once preference points are awarded, the candidates
8shall be certified to the master register in accordance with
9their final score including preference points.
10    (i) Firefighter apprentice and firefighter-paramedic
11apprentice. The employment of an applicant to an apprentice
12position (including a currently employed full-time member of a
13fire department whose apprenticeship may be reduced or waived)
14shall be subject to the applicant passing the moral character
15standards and health examinations of the local commission. In
16addition, a local commission may require as a condition of
17employment that the applicant demonstrate current physical
18ability by either passing the local commission's approved
19physical ability examination, or by presenting proof of
20participating in and receiving a passing score on the physical
21ability component of a JLMC test within a period of up to 12
22months before the date of the conditional offer of employment.
23Applicants shall be subject to the local commission's initial
24hire background review including criminal history, employment
25history, moral character, oral examination, and medical
26examinations which may include polygraph, psychological, and

 

 

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1drug screening components, all on a pass-fail basis. The
2medical examinations must be conducted last, and may only be
3performed after a conditional offer of employment has been
4extended.
5    (j) Selection from list. Any municipality or fire
6protection district that is a party to an intergovernmental
7agreement under the terms of which persons have been tested for
8placement on the master register of eligibles shall be entitled
9to offer employment to any person on the list irrespective of
10their ranking on the list. The offer of employment shall be to
11the position of firefighter apprentice or
12firefighter-paramedic apprentice.
13    Applicants passing these tests may be employed as a
14firefighter apprentice or a firefighter-paramedic apprentice
15who shall serve an apprenticeship period of 12 months or less
16according to the terms and conditions of employment as the
17employing municipality or district offers, or as provided for
18under the terms of any collective bargaining agreement then in
19effect. The apprenticeship period is separate from the
20probationary period.
21    Service during the apprenticeship period shall be on a
22probationary basis. During the apprenticeship period, the
23apprentice's training and performance shall be monitored and
24evaluated by a Joint Apprenticeship Committee.
25    The Joint Apprenticeship Committee shall consist of 4
26members who shall be regular members of the fire department

 

 

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1with at least 10 years of full-time work experience as a
2firefighter or firefighter-paramedic. The fire chief and the
3president of the exclusive bargaining representative
4recognized by the employer shall each appoint 2 members to the
5Joint Apprenticeship Committee. In the absence of an exclusive
6collective bargaining representative, the chief shall appoint
7the remaining 2 members who shall be from the ranks of company
8officer and firefighter with at least 10 years of work
9experience as a firefighter or firefighter-paramedic. In the
10absence of a sufficient number of qualified firefighters, the
11Joint Apprenticeship Committee members shall have the amount of
12experience and the type of qualifications as is reasonable
13given the circumstances of the fire department. In the absence
14of a full-time member in a rank between chief and the highest
15rank in a bargaining unit, the Joint Apprenticeship Committee
16shall be reduced to 2 members, one to be appointed by the chief
17and one by the union president, if any. If there is no
18exclusive bargaining representative, the chief shall appoint
19the second member of the Joint Apprenticeship Committee from
20among qualified members in the ranks of company officer and
21below. Before the conclusion of the apprenticeship period, the
22Joint Apprenticeship Committee shall meet to consider the
23apprentice's progress and performance and vote to retain the
24apprentice as a member of the fire department or to terminate
25the apprenticeship. If 3 of the 4 members of the Joint
26Apprenticeship Committee affirmatively vote to retain the

 

 

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1apprentice (if a 2 member Joint Apprenticeship Committee
2exists, then both members must affirmatively vote to retain the
3apprentice), the local commission shall issue the apprentice a
4certificate of original appointment to the fire department.
5    (k) A person who knowingly divulges or receives test
6questions or answers before a written examination, or otherwise
7knowingly violates or subverts any requirement of this Section,
8commits a violation of this Section and may be subject to
9charges for official misconduct.
10    A person who is the knowing recipient of test information
11in advance of the examination shall be disqualified from the
12examination or discharged from the position to which he or she
13was appointed, as applicable, and otherwise subjected to
14disciplinary actions.
 
15    Section 10. The Fire Protection District Act is amended by
16changing Section 16.04a and by adding Sections 16.06b and
1716.06c as follows:
 
18    (70 ILCS 705/16.04a)  (from Ch. 127 1/2, par. 37.04a)
19    Sec. 16.04a. The board of fire commissioners shall appoint
20all officers and members of the fire departments of the
21district, except the Chief of the fire department. The board of
22trustees shall appoint the Chief of the fire department, who
23shall serve at the pleasure of the board, and may enter into a
24multi-year contract not exceeding 3 years with the Chief.

 

 

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1    If a member of the department is appointed Chief of the
2fire department prior to being eligible to retire on pension he
3shall be considered as on furlough from the rank he held
4immediately prior to his appointment as Chief. If he resigns as
5Chief or is discharged as Chief prior to attaining eligibility
6to retire on pension, he shall revert to and be established in
7such prior rank, and thereafter be entitled to all the benefits
8and emoluments of such prior rank, without regard as to whether
9a vacancy then exists in such rank. In such instances, the
10Chief shall be deemed to have continued to accrue seniority in
11the department during his period of service as Chief, or time
12in grade in his former rank to which he shall revert during his
13period of service as Chief, except solely for purposes of any
14layoff as provided in Section 16.13b hereafter.
15    All appointments to each department other than that of the
16lowest rank, however, shall be from the rank next below that to
17which the appointment is made, except that the Chief of the
18fire department may be appointed from among members of the fire
19department, regardless of rank.
20    The sole authority to issue certificates of appointment
21shall be vested in the board of fire commissioners and all
22certificates of appointments issued to any officer or member of
23the fire department shall be signed by the chairman and
24secretary respectively of the board of fire commissioners upon
25appointment of such officer or member of the fire department by
26action of the board of fire commissioners.

 

 

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1    To the extent that this Section or any other Section in
2this Act conflicts with Section 16.06b or 16.06c, then Section
316.06b or 16.06c shall control.
4(Source: P.A. 91-948, eff. 1-1-02.)
 
5    (70 ILCS 705/16.06b new)
6    Sec. 16.06b. Original appointments; full-time fire
7department.
8    (a) Applicability. Unless a commission elects to follow the
9provisions of Section 16.06c, this Section shall apply to all
10original appointments to an affected full-time fire
11department. Existing registers of eligibles shall continue to
12be valid until their expiration dates, or up to a maximum of 2
13years after the effective date of this amendatory Act of the
1497th General Assembly.
15    Notwithstanding any statute, ordinance, rule, or other law
16to the contrary, all original appointments to an affected
17department to which this Section applies shall be administered
18in the manner provided for in this Section. Provisions of the
19Illinois Municipal Code, Fire Protection District Act, fire
20district ordinances, and rules adopted pursuant to such
21authority and other laws relating to initial hiring of
22firefighters in affected departments shall continue to apply to
23the extent they are compatible with this Section, but in the
24event of a conflict between this Section and any other law,
25this Section shall control.

 

 

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1    A fire protection district that is operating under a court
2order or consent decree regarding original appointments to a
3full-time fire department before the effective date of this
4amendatory Act of the 97th General Assembly is exempt from the
5requirements of this Section for the duration of the court
6order or consent decree.
7    (b) Original appointments. All original appointments made
8to an affected fire department shall be made from a register of
9eligibles established in accordance with the processes
10required by this Section. Only persons who meet or exceed the
11performance standards required by the Section shall be placed
12on a register of eligibles for original appointment to an
13affected fire department.
14    Whenever an appointing authority authorizes action to hire
15a person to perform the duties of a firefighter or to hire a
16firefighter-paramedic to fill a position that is a new position
17or vacancy due to resignation, discharge, promotion, death, the
18granting of a disability or retirement pension, or any other
19cause, the appointing authority shall appoint to that position
20the person with the highest ranking on the final eligibility
21list, except that the appointing authority shall have the right
22to pass over that person and appoint the next highest ranked
23person on the list if the appointing authority has reason to
24conclude that the highest ranked person fails to meet the
25minimum standards for the position.
26    Any candidate may pass on an appointment once without

 

 

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1losing his or her position on the register of eligibles. Any
2candidate who passes a second time may be removed from the list
3by the appointing authority provided that such action shall not
4prejudice a person's opportunities to participate in future
5examinations, including an examination held during the time a
6candidate is already on the fire district's register of
7eligibles.
8    The sole authority to issue certificates of appointment
9shall be vested in the board of fire commissioners, or board of
10trustees serving in the capacity of a board of fire
11commissioners. All certificates of appointment issued to any
12officer or member of an affected department shall be signed by
13the chairperson and secretary, respectively, of the commission
14upon appointment of such officer or member to the affected
15department by action of the commission. Each person who accepts
16a certificate of appointment and successfully completes his or
17her probationary period shall be enrolled as a firefighter and
18as a regular member of the fire department.
19    For the purposes of this Section, "firefighter" means any
20person who has been prior to, on, or after the effective date
21of this amendatory Act of the 97th General Assembly appointed
22to a fire department or fire protection district or employed by
23a State university and sworn or commissioned to perform
24firefighter duties or paramedic duties, or both, except that
25the following persons are not included: part-time
26firefighters; auxiliary, reserve, or voluntary firefighters,

 

 

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1including paid-on-call firefighters; clerks and dispatchers or
2other civilian employees of a fire department or fire
3protection district who are not routinely expected to perform
4firefighter duties; and elected officials.
5    (c) Qualification for placement on register of eligibles.
6The purpose of establishing a register of eligibles is to
7identify applicants who possess and demonstrate the mental
8aptitude and physical ability to perform the duties required of
9members of the fire department in order to provide the highest
10quality of service to the public. To this end, all applicants
11for original appointment to an affected fire department shall
12be subject to examination and testing which shall be public,
13competitive, and open to all applicants unless the district
14shall by ordinance limit applicants to residents of the
15district, county or counties in which the district is located,
16State, or nation. Districts may establish educational,
17emergency medical service licensure, and other pre-requisites
18for participation in an examination or for hire as a
19firefighter. Any fee to cover the costs of the application
20process shall not exceed $25.
21    Residency requirements in effect at the time an individual
22enters the fire service of a district cannot be made more
23restrictive for that individual during his or her period of
24service for that district, or be made a condition of promotion,
25except for the rank or position of fire chief and for no more
26than 2 positions that rank immediately below that of the chief

 

 

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1rank which are appointed positions pursuant to the Fire
2Department Promotion Act.
3    No person who is 35 years of age or older shall be eligible
4to take an examination for a position as a firefighter unless
5the person has had previous employment status as a firefighter
6in the regularly constituted fire department of the district,
7except as provided in this Section. The age limitation does not
8apply to:
9        (1) any person previously employed as a full-time
10    firefighter in a regularly constituted fire department of
11    (i) any municipality or fire protection district located in
12    Illinois, (ii) a fire protection district whose
13    obligations were assumed by a municipality under Section 21
14    of the Fire Protection District Act, or (iii) a
15    municipality whose obligations were taken over by a fire
16    protection district, or
17        (2) any person who has served a fire district as a
18    regularly enrolled volunteer, paid-on-call, or part-time
19    firefighter for the 5 years immediately preceding the time
20    that the district begins to use full-time firefighters to
21    provide all or part of its fire protection service.
22    No person who is under 21 years of age shall be eligible
23for employment as a firefighter.
24    No applicant shall be examined concerning his or her
25political or religious opinions or affiliations. The
26examinations shall be conducted by the commissioners of the

 

 

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1district or their designees and agents.
2    No district shall require that any firefighter appointed to
3the lowest rank serve a probationary employment period of
4longer than one year of actual active employment, which may
5exclude periods of training, or injury or illness leaves,
6including duty related leave, in excess of 30 calendar days.
7Notwithstanding anything to the contrary in this Section, the
8probationary employment period limitation may be extended for a
9firefighter who is required, as a condition of employment, to
10be a certified paramedic, during which time the sole reason
11that a firefighter may be discharged without a hearing is for
12failing to meet the requirements for paramedic certification.
13    In the event that any applicant who has been found eligible
14for appointment and whose name has been placed upon the final
15eligibility register provided for in this Section has not been
16appointed to a firefighter position within one year after the
17date of his or her physical ability examination, the commission
18may cause a second examination to be made of that applicant's
19physical ability prior to his or her appointment. If, after the
20second examination, the physical ability of the applicant shall
21be found to be less than the minimum standard fixed by the
22rules of the commission, the applicant shall not be appointed.
23The applicant's name may be retained upon the register of
24candidates eligible for appointment and when next reached for
25certification and appointment that applicant may be again
26examined as provided in this Section, and if the physical

 

 

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1ability of that applicant is found to be less than the minimum
2standard fixed by the rules of the commission, the applicant
3shall not be appointed, and the name of the applicant shall be
4removed from the register.
5    (d) Notice, examination, and testing components. Notice of
6the time, place, general scope, merit criteria for any
7subjective component, and fee of every examination shall be
8given by the commission, by a publication at least 2 weeks
9preceding the examination, in one or more newspapers published
10in the district, or if no newspaper is published therein, then
11in one or more newspapers with a general circulation within the
12district. The fire protection district may publish the notice
13on the fire protection district's Internet website. Additional
14notice of the examination may be given as the commission shall
15prescribe.
16    The examination and qualifying standards for employment of
17firefighters shall be based on: mental aptitude, physical
18ability, preferences, moral character, and health. The mental
19aptitude, physical ability, and preference components shall
20determine an applicant's qualification for and placement on the
21final register of eligibles. The examination may also include a
22subjective component based on merit criteria as determined by
23the commission. Scores from the examination must be made
24available to the public.
25    (e) Mental aptitude. No person who does not possess at
26least a high school diploma or an equivalent high school

 

 

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1education shall be placed on a register of eligibles.
2Examination of an applicant's mental aptitude shall be based
3upon a written examination. The examination shall be practical
4in character and relate to those matters that fairly test the
5capacity of the persons examined to discharge the duties
6performed by members of a fire department. Written examinations
7shall be administered in a manner that ensures the security and
8accuracy of the scores achieved.
9    (f) Physical ability. All candidates shall be required to
10undergo an examination of their physical ability to perform the
11essential functions included in the duties they may be called
12upon to perform as a member of a fire department. For the
13purposes of this Section, essential functions of the job are
14functions associated with duties that a firefighter may be
15called upon to perform in response to emergency calls. The
16frequency of the occurrence of those duties as part of the fire
17department's regular routine shall not be a controlling factor
18in the design of examination criteria or evolutions selected
19for testing. These physical examinations shall be open,
20competitive, and based on industry standards designed to test
21each applicant's physical abilities in the following
22dimensions (or a similar test designed to ensure that the
23successful candidates are able to perform the essential
24functions of the firefighter's job description):
25        (1) Muscular strength to perform tasks and evolutions
26    that may be required in the performance of duties including

 

 

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1    grip strength, leg strength, and arm strength. Tests shall
2    be conducted under anaerobic as well as aerobic conditions
3    to test both the candidate's speed and endurance in
4    performing tasks and evolutions. Tasks tested may be based
5    on standards developed, or approved, by the local
6    appointing authority.
7        (2) The ability to climb ladders, operate from heights,
8    walk or crawl in the dark along narrow and uneven surfaces,
9    and operate in proximity to hazardous environments.
10        (3) The ability to carry out critical, time-sensitive,
11    and complex problem solving during physical exertion in
12    stressful and hazardous environments. The testing
13    environment may be hot and dark with tightly enclosed
14    spaces, flashing lights, sirens, and other distractions.
15    Physical ability examinations administered under this
16Section shall be conducted with a reasonable number of proctors
17and monitors, open to the public, and subject to reasonable
18regulations of the commission.
19    (g) Scoring of examination components. The examination
20components shall be graded on a 100-point scale. A person's
21position on the list shall be determined by the following: (i)
22the person's score on the written examination, (ii) the person
23successfully passing the physical ability component, (iii) the
24person's results on any subjective component as described in
25subsection (d), and (iv) the addition of any applicable
26preference points.

 

 

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1    Applicants who pass the written examination, the physical
2ability examination, and any subjective component shall be
3placed on the initial eligibility register. The passing score
4for each of these test components shall be determined by
5calculating a mean score for all applicants participating in
6each test. In order to qualify for placement on the final
7eligibility register, an applicant's total score, before any
8applicable preference points are applied, shall be at or above
9the mean score plus 10%. The local appointing authority may
10prescribe the score to qualify for placement on the final
11eligibility register, but the score shall not be less than the
12mean score plus 10%.
13    The commission shall prepare and keep a register of persons
14whose total score is not less than the minimum fixed by this
15Section. These persons shall take rank upon the register as
16candidates in the order of their relative excellence based on
17the highest to the lowest total points scored on the mental
18aptitude, physical ability, and preference components of the
19test administered in accordance with this Section. No more than
2060 days after each examination, an initial eligibility list
21shall be posted by the commission. The list shall include the
22final grades of the candidates without reference to priority of
23the time of examination and subject to claim for preference
24credit.
25    Commissions may conduct additional examinations, including
26without limitation a polygraph test, after a final eligibility

 

 

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1register is established and before it expires with the
2candidates ranked by total score without regard to date of
3examination. No more than 60 days after each examination, an
4initial eligibility list shall be posted by the commission
5showing the final grades of the candidates without reference to
6priority of time of examination and subject to claim for
7preference credit.
8    (h) Preferences. The following are preferences:
9        (1) Veteran preference. Persons who were engaged in the
10    military service of the United States for a period of at
11    least one year of active duty and who were honorably
12    discharged therefrom, or who are now or have been members
13    on inactive or reserve duty in such military or naval
14    service, shall be preferred for appointment to and
15    employment with the fire department of an affected
16    department.
17        (2) Fire cadet preference. Persons who have
18    successfully completed 2 years of study in fire techniques
19    or cadet training within a cadet program established under
20    the rules of the Joint Labor and Management Committee
21    (JLMC), as defined in Section 50 of the Fire Department
22    Promotion Act, may be preferred for appointment to and
23    employment with the fire department.
24        (3) Educational preference. Persons who have
25    successfully obtained an associate's degree in the field of
26    fire service or emergency medical services, or a bachelor's

 

 

HB1576 Engrossed- 79 -LRB097 07146 RLJ 47248 b

1    degree from an accredited college or university may be
2    preferred for appointment to and employment with the fire
3    department.
4        (4) Paramedic preference. Persons who have obtained
5    certification as an Emergency Medical Technician-Paramedic
6    (EMT-P) may be preferred for appointment to and employment
7    with the fire department of an affected department
8    providing emergency medical services.
9        (5) Experience preference. All persons employed by a
10    district who have been paid-on-call or part-time certified
11    Firefighter II, certified Firefighter III, State of
12    Illinois or nationally licensed EMT-B or EMT-I, licensed
13    paramedic, or any combination of those capacities may be
14    awarded up to a maximum of 5 points. However, the applicant
15    may not be awarded more than 0.5 points for each complete
16    year of paid-on-call or part-time service. Applicants from
17    outside the district who were employed as full-time
18    firefighters or firefighter-paramedics by a fire
19    protection district or municipality for at least 2 years
20    may be awarded up to 5 experience preference points.
21    However, the applicant may not be awarded more than one
22    point for each complete year of full-time service.
23        (6) Residency preference. Applicants whose principal
24    residence is located within the fire department's
25    jurisdiction may be preferred for appointment to and
26    employment with the fire department.

 

 

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1        Upon request by the commission, the governing body of
2    the district or in the case of applicants from outside the
3    district the governing body of any other fire protection
4    district or any municipality shall certify to the
5    commission, within 10 days after the request, the number of
6    years of successful paid-on-call, part-time, or full-time
7    service of any person. A candidate may not receive the full
8    amount of preference points under this subsection if the
9    amount of points awarded would place the candidate before a
10    veteran on the eligibility list. If more than one candidate
11    receiving experience preference points is prevented from
12    receiving all of their points due to not being allowed to
13    pass a veteran, the candidates shall be placed on the list
14    below the veteran in rank order based on the totals
15    received if all points under this subsection were to be
16    awarded. Any remaining ties on the list shall be determined
17    by lot.
18        (7) Additional preferences. Up to 5 additional
19    preference points may be awarded for unique categories
20    based on an applicant's experience or background as
21    identified by the commission.
22        (8) Scoring of preferences. The commission shall give
23    preference for original appointment to persons designated
24    in item (1) by adding to the final grade that they receive
25    5 points for the recognized preference achieved. The
26    commission shall determine the number of preference points

 

 

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1    for each category except (1). The number of preference
2    points for each category shall range from 0 to 5. In
3    determining the number of preference points, the
4    commission shall prescribe that if a candidate earns the
5    maximum number of preference points in all categories, that
6    number may not be less than 10 nor more than 30. The
7    commission shall give preference for original appointment
8    to persons designated in items (2) through (7) by adding
9    the requisite number of points to the final grade for each
10    recognized preference achieved. The numerical result thus
11    attained shall be applied by the commission in determining
12    the final eligibility list and appointment from the
13    eligibility list. The local appointing authority may
14    prescribe the total number of preference points awarded
15    under this Section, but the total number of preference
16    points shall not be less than 10 points or more than 30
17    points.
18    No person entitled to any preference shall be required to
19claim the credit before any examination held under the
20provisions of this Section, but the preference shall be given
21after the posting or publication of the initial eligibility
22list or register at the request of a person entitled to a
23credit before any certification or appointments are made from
24the eligibility register, upon the furnishing of verifiable
25evidence and proof of qualifying preference credit. Candidates
26who are eligible for preference credit shall make a claim in

 

 

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1writing within 10 days after the posting of the initial
2eligibility list, or the claim shall be deemed waived. Final
3eligibility registers shall be established after the awarding
4of verified preference points. All employment shall be subject
5to the commission's initial hire background review including,
6but not limited to, criminal history, employment history, moral
7character, oral examination, and medical and psychological
8examinations, all on a pass-fail basis. The medical and
9psychological examinations must be conducted last, and may only
10be performed after a conditional offer of employment has been
11extended.
12    Any person placed on an eligibility list who exceeds the
13age requirement before being appointed to a fire department
14shall remain eligible for appointment until the list is
15abolished, or his or her name has been on the list for a period
16of 2 years. No person who has attained the age of 35 years
17shall be inducted into a fire department, except as otherwise
18provided in this Section.
19    The commission shall strike off the names of candidates for
20original appointment after the names have been on the list for
21more than 2 years.
22    (i) Moral character. No person shall be appointed to a fire
23department unless he or she is a person of good character; not
24a habitual drunkard, a gambler, or a person who has been
25convicted of a felony or a crime involving moral turpitude.
26However, no person shall be disqualified from appointment to

 

 

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1the fire department because of the person's record of
2misdemeanor convictions except those under Sections 11-6,
311-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
412-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
531-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
61, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
7arrest for any cause without conviction thereon. Any such
8person who is in the department may be removed on charges
9brought for violating this subsection and after a trial as
10hereinafter provided.
11    A classifiable set of the fingerprints of every person who
12is offered employment as a certificated member of an affected
13fire department whether with or without compensation, shall be
14furnished to the Illinois Department of State Police and to the
15Federal Bureau of Investigation by the commission.
16    Whenever a commission is authorized or required by law to
17consider some aspect of criminal history record information for
18the purpose of carrying out its statutory powers and
19responsibilities, then, upon request and payment of fees in
20conformance with the requirements of Section 2605-400 of the
21State Police Law of the Civil Administrative Code of Illinois,
22the Department of State Police is authorized to furnish,
23pursuant to positive identification, the information contained
24in State files as is necessary to fulfill the request.
25    (j) Temporary appointments. In order to prevent a stoppage
26of public business, to meet extraordinary exigencies, or to

 

 

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1prevent material impairment of the fire department, the
2commission may make temporary appointments, to remain in force
3only until regular appointments are made under the provisions
4of this Section, but never to exceed 60 days. No temporary
5appointment of any one person shall be made more than twice in
6any calendar year.
7    (k) A person who knowingly divulges or receives test
8questions or answers before a written examination, or otherwise
9knowingly violates or subverts any requirement of this Section,
10commits a violation of this Section and may be subject to
11charges for official misconduct.
12    A person who is the knowing recipient of test information
13in advance of the examination shall be disqualified from the
14examination or discharged from the position to which he or she
15was appointed, as applicable, and otherwise subjected to
16disciplinary actions.
 
17    (70 ILCS 705/16.06c new)
18    Sec. 16.06c. Alternative procedure; original appointment;
19full-time firefighter.
20    (a) Authority. The Joint Labor and Management Committee
21(JLMC), as defined in Section 50 of the Fire Department
22Promotion Act, may establish a community outreach program to
23market the profession of firefighter and firefighter-paramedic
24so as to ensure the pool of applicants recruited is of broad
25diversity and the highest quality.

 

 

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1    For the purposes of this Section, "firefighter" means any
2person who has been prior to, on, or after the effective date
3of this amendatory Act of the 97th General Assembly appointed
4to a fire department or fire protection district or employed by
5a State university and sworn or commissioned to perform
6firefighter duties or paramedic duties, or both, except that
7the following persons are not included: part-time
8firefighters; auxiliary, reserve, or voluntary firefighters,
9including paid-on-call firefighters; clerks and dispatchers or
10other civilian employees of a fire department or fire
11protection district who are not routinely expected to perform
12firefighter duties; and elected officials.
13    (b) Eligibility. Persons eligible for placement on the
14master register of eligibles shall consist of the following:
15        Persons who have participated in and received a passing
16    total score on the mental aptitude, physical ability, and
17    preference components of a regionally administered test
18    based on the standards described in this Section. The
19    standards for administering these tests and the minimum
20    passing score required for placement on this list shall be
21    as is set forth in this Section.
22        Qualified candidates shall be listed on the master
23    register of eligibles in highest to lowest rank order based
24    upon their test scores without regard to their date of
25    examination. Candidates listed on the master register of
26    eligibles shall be eligible for appointment for 2 years

 

 

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1    after the date of the certification of their final score on
2    the register without regard to the date of their
3    examination. After 2 years, the candidate's name shall be
4    struck from the list.
5        Any person currently employed as a full-time member of
6    a fire department or any person who has experienced a
7    non–voluntary (and non-disciplinary) separation from the
8    active workforce due to a reduction in the number of
9    departmental officers, who was appointed pursuant to
10    Division 1 of Article 10 of the Illinois Municipal Code,
11    Division 2.1 of Article 10 of the Illinois Municipal Code,
12    or the Fire Protection District Act, and who during the
13    previous 24 months participated in and received a passing
14    score on the physical ability and mental aptitude
15    components of the test may request that his or her name be
16    added to the master register. Any eligible person may be
17    offered employment by a local commission under the same
18    procedures as provided by this Section except that the
19    apprenticeship period may be waived and the applicant may
20    be immediately issued a certificate of original
21    appointment by the local commission.
22    (c) Qualifications for placement on register of eligibles.
23The purpose for establishing a master register of eligibles
24shall be to identify applicants who possess and demonstrate the
25mental aptitude and physical ability to perform the duties
26required of members of the fire department in order to provide

 

 

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1the highest quality of service to the public. To this end, all
2applicants for original appointment to an affected fire
3department through examination conducted by the Joint Labor and
4Management Committee (JLMC) shall be subject to examination and
5testing which shall be public, competitive, and open to all
6applicants. Any subjective component of the testing must be
7administered by certified assessors. All qualifying and
8disqualifying factors applicable to examination processes for
9local commissions in this amendatory Act of the 97th General
10Assembly shall be applicable to persons participating in Joint
11Labor and Management Committee examinations unless
12specifically provided otherwise in this Section.
13    Notice of the time, place, general scope, and fee of every
14JLMC examination shall be given by the JLMC or designated
15testing agency, as applicable, by a publication at least 30
16days preceding the examination, in one or more newspapers
17published in the region, or if no newspaper is published
18therein, then in one or more newspapers with a general
19circulation within the region. The JLMC may publish the notice
20on the JLMC's Internet website. Additional notice of the
21examination may be given as the JLMC shall prescribe.
22    (d) Examination and testing components for placement on
23register of eligibles. The examination and qualifying
24standards for placement on the master register of eligibles and
25employment shall be based on the following components: mental
26aptitude, physical ability, preferences, moral character, and

 

 

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1health. The mental aptitude, physical ability, and preference
2components shall determine an applicant's qualification for
3and placement on the master register of eligibles. The
4consideration of an applicant's general moral character and
5health shall be administered on a pass-fail basis after a
6conditional offer of employment is made by a local commission.
7    (e) Mental aptitude. Examination of an applicant's mental
8aptitude shall be based upon written examination and an
9applicant's prior experience demonstrating an aptitude for and
10commitment to service as a member of a fire department. Written
11examinations shall be practical in character and relate to
12those matters that fairly test the capacity of the persons
13examined to discharge the duties performed by members of a fire
14department. Written examinations shall be administered in a
15manner that ensures the security and accuracy of the scores
16achieved. Any subjective component of the testing must be
17administered by certified assessors. No person who does not
18possess a high school diploma or an equivalent high school
19education shall be placed on a register of eligibles. Local
20commissions may establish educational, emergency medical
21service licensure, and other pre-requisites for hire within
22their jurisdiction.
23    (f) Physical ability. All candidates shall be required to
24undergo an examination of their physical ability to perform the
25essential functions included in the duties they may be called
26upon to perform as a member of a fire department. For the

 

 

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1purposes of this Section, essential functions of the job are
2functions associated with duties that a firefighter may be
3called upon to perform in response to emergency calls. The
4frequency of the occurrence of those duties as part of the fire
5department's regular routine shall not be a controlling factor
6in the design of examination criteria or evolutions selected
7for testing. These physical examinations shall be open,
8competitive, and based on industry standards designed to test
9each applicant's physical abilities in each of the following
10dimensions (or a similar test designed to ensure that the
11successful candidates are able to perform the essential
12functions of a firefighter's job description):
13        (1) Muscular strength to perform tasks and evolutions
14    that may be required in the performance of duties including
15    grip strength, leg strength, and arm strength. Tests shall
16    be conducted under anaerobic as well as aerobic conditions
17    to test both the candidate's speed and endurance in
18    performing tasks and evolutions. Tasks tested are to be
19    based on industry standards developed by the JLMC by rule.
20        (2) The ability to climb ladders, operate from heights,
21    walk or crawl in the dark along narrow and uneven surfaces,
22    and operate in proximity to hazardous environments.
23        (3) The ability to carry out critical, time-sensitive,
24    and complex problem solving during physical exertion in
25    stressful and hazardous environments. The testing
26    environment may be hot and dark with tightly enclosed

 

 

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1    spaces, flashing lights, sirens, and other distractions.
2    (g) Scoring of examination components. The examination
3components shall be graded on a 100-point scale. A person's
4position on the master register of eligibles shall be
5determined by the person's score on the written examination,
6the person successfully passing the physical ability
7component, and the addition of any applicable preference
8points.
9    Applicants who have achieved at least the mean score of all
10applicants participating in the written examination at the same
11time, and who successfully pass the physical ability
12examination shall be placed on the initial eligibility
13register. For placement on the final eligibility register, the
14passing score shall be determined by (i) calculating the mean
15score for all applicants participating in the written test; and
16(ii) adding 20% to the mean score. Applicants whose total
17scores, including any applicable preference points, are above
18the mean score plus 20%, shall be placed on the master register
19of eligibles by the JLMC.
20    These persons shall take rank upon the register as
21candidates in the order of their relative excellence based on
22the highest to the lowest total points scored on the mental
23aptitude and physical ability components, plus any applicable
24preference points requested and verified by the JLMC, or
25approved testing agency.
26    No more than 60 days after each examination, a revised

 

 

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1master register of eligibles shall be posted by the JLMC
2showing the final grades of the candidates without reference to
3priority of time of examination.
4    (h) Preferences. The board shall give military, education,
5and experience preference points to those who qualify for
6placement on the master register of eligibles, on the same
7basis as provided for examinations administered by a local
8commission.
9    No person entitled to preference or credit shall be
10required to claim the credit before any examination held under
11the provisions of this Section. The preference shall be given
12after the posting or publication of the applicant's initial
13score at the request of the person before finalizing the scores
14from all applicants taking part in a JLMC examination.
15Candidates who are eligible for preference credit shall make a
16claim in writing within 10 days after the posting of the
17initial scores from any JLMC test or the claim shall be deemed
18waived. Once preference points are awarded, the candidates
19shall be certified to the master register in accordance with
20their final score including preference points.
21    (i) Firefighter apprentice and firefighter-paramedic
22apprentice. The employment of an applicant to an apprentice
23position (including a currently employed full-time member of a
24fire department whose apprenticeship may be reduced or waived)
25shall be subject to the applicant passing the moral character
26standards and health examinations of the local commission. In

 

 

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1addition, a local commission may require as a condition of
2employment that the applicant demonstrate current physical
3ability by either passing the local commission's approved
4physical ability examination, or by presenting proof of
5participating in and receiving a passing score on the physical
6ability component of a JLMC test within a period of up to 12
7months before the date of the conditional offer of employment.
8Applicants shall be subject to the local commission's initial
9hire background review including criminal history, employment
10history, moral character, oral examination, and medical
11examinations which may include polygraph, psychological, and
12drug screening components, all on a pass-fail basis. The
13medical examinations must be conducted last, and may only be
14performed after a conditional offer of employment has been
15extended.
16    (j) Selection from list. Any municipality or fire
17protection district that is a party to an intergovernmental
18agreement under the terms of which persons have been tested for
19placement on the master register of eligibles shall be entitled
20to offer employment to any person on the list irrespective of
21their ranking on the list. The offer of employment shall be to
22the position of firefighter apprentice or
23firefighter-paramedic apprentice.
24    Applicants passing these tests may be employed as a
25firefighter apprentice or a firefighter-paramedic apprentice
26who shall serve an apprenticeship period of 12 months or less

 

 

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1according to the terms and conditions of employment as the
2employing municipality or district offers, or as provided for
3under the terms of any collective bargaining agreement then in
4effect. The apprenticeship period is separate from the
5probationary period.
6    Service during the apprenticeship period shall be on a
7probationary basis. During the apprenticeship period, the
8apprentice's training and performance shall be monitored and
9evaluated by a Joint Apprenticeship Committee.
10    The Joint Apprenticeship Committee shall consist of 4
11members who shall be regular members of the fire department
12with at least 10 years of full-time work experience as a
13firefighter or firefighter-paramedic. The fire chief and the
14president of the exclusive bargaining representative
15recognized by the employer shall each appoint 2 members to the
16Joint Apprenticeship Committee. In the absence of an exclusive
17collective bargaining representative, the chief shall appoint
18the remaining 2 members who shall be from the ranks of company
19officer and firefighter with at least 10 years of work
20experience as a firefighter or firefighter-paramedic. In the
21absence of a sufficient number of qualified firefighters, the
22Joint Apprenticeship Committee members shall have the amount of
23experience and the type of qualifications as is reasonable
24given the circumstances of the fire department. In the absence
25of a full-time member in a rank between chief and the highest
26rank in a bargaining unit, the Joint Apprenticeship Committee

 

 

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1shall be reduced to 2 members, one to be appointed by the chief
2and one by the union president, if any. If there is no
3exclusive bargaining representative, the chief shall appoint
4the second member of the Joint Apprenticeship Committee from
5among qualified members in the ranks of company officer and
6below. Before the conclusion of the apprenticeship period, the
7Joint Apprenticeship Committee shall meet to consider the
8apprentice's progress and performance and vote to retain the
9apprentice as a member of the fire department or to terminate
10the apprenticeship. If 3 of the 4 members of the Joint
11Apprenticeship Committee affirmatively vote to retain the
12apprentice (if a 2 member Joint Apprenticeship Committee
13exists, then both members must affirmatively vote to retain the
14apprentice), the local commission shall issue the apprentice a
15certificate of original appointment to the fire department.
16    (k) A person who knowingly divulges or receives test
17questions or answers before a written examination, or otherwise
18knowingly violates or subverts any requirement of this Section,
19commits a violation of this Section and may be subject to
20charges for official misconduct.
21    A person who is the knowing recipient of test information
22in advance of the examination shall be disqualified from the
23examination or discharged from the position to which he or she
24was appointed, as applicable, and otherwise subjected to
25disciplinary actions.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

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1becoming law.