HB4715 EngrossedLRB097 18844 KMW 64082 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, 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and
610-2.1-6.4 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 11-1.50, 11-6, 11-7, 11-9, 11-14,

 

 

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111-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
214-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4, 31-6,
331-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions (a)(1) and
4(a)(2)(C) of Section 11-14.3, and subsections (1), (6) and (8)
5of Section 24-1 of the Criminal Code of 1961 or arrested for
6any cause but not convicted on that cause shall be disqualified
7from taking the examination on grounds of habits or moral
8character, unless the person is attempting to qualify for a
9position on the police department, in which case the conviction
10or arrest may be considered as a factor in determining the
11person's habits or moral character.
12    (d) Persons entitled to military preference under Section
1310-1-16 shall not be subject to limitations specifying age
14unless they are applicants for a position as a fireman or a
15policeman having no previous employment status as a fireman or
16policeman in the regularly constituted fire or police
17department of the municipality, in which case they must not
18have attained their 35th birthday, except any person who has
19served as an auxiliary police officer under Section 3.1-30-20
20for at least 5 years and is under 40 years of age.
21    (e) All employees of a municipality of less than 500,000
22population (except those who would be excluded from the
23classified service as provided in this Division 1) who are
24holding that employment as of the date a municipality adopts
25this Division 1, or as of July 17, 1959, whichever date is the
26later, and who have held that employment for at least 2 years

 

 

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

 

 

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1examinations are held.
2    (g) The commission shall control all examinations, and may,
3whenever an examination is to take place, designate a suitable
4number of persons, either in or not in the official service of
5the municipality, to be examiners. The examiners shall conduct
6the examinations as directed by the commission and shall make a
7return or report of the examinations to the commission. If the
8appointed examiners are in the official service of the
9municipality, the examiners shall not receive extra
10compensation for conducting the examinations unless the
11examiners are subject to a collective bargaining agreement with
12the municipality. The commission may at any time substitute any
13other person, whether or not in the service of the
14municipality, in the place of any one selected as an examiner.
15The commission members may themselves at any time act as
16examiners without appointing examiners. The examiners at any
17examination shall not all be members of the same political
18party.
19    (h) In municipalities of 500,000 or more population, no
20person who has attained his or her 35th birthday shall be
21eligible to take an examination for a position as a fireman or
22a policeman unless the person has had previous employment
23status as a policeman or fireman in the regularly constituted
24police or fire department of the municipality, except as
25provided in this Section.
26    (i) In municipalities of more than 5,000 but not more than

 

 

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1200,000 inhabitants, no person who has attained his or her 35th
2birthday shall be eligible to take an examination for a
3position as a fireman or a policeman unless the person has had
4previous employment status as a policeman or fireman in the
5regularly constituted police or fire department of the
6municipality, except as provided in this Section.
7    (j) In all municipalities, applicants who are 20 years of
8age and who have successfully completed 2 years of law
9enforcement studies at an accredited college or university may
10be considered for appointment to active duty with the police
11department. An applicant described in this subsection (j) who
12is appointed to active duty shall not have power of arrest, nor
13shall the applicant be permitted to carry firearms, until he or
14she reaches 21 years of age.
15    (k) In municipalities of more than 500,000 population,
16applications for examination for and appointment to positions
17as firefighters or police shall be made available at various
18branches of the public library of the municipality.
19    (l) No municipality having a population less than 1,000,000
20shall require that any fireman appointed to the lowest rank
21serve a probationary employment period of longer than one year.
22The limitation on periods of probationary employment provided
23in this amendatory Act of 1989 is an exclusive power and
24function of the State. Pursuant to subsection (h) of Section 6
25of Article VII of the Illinois Constitution, a home rule
26municipality having a population less than 1,000,000 must

 

 

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1comply with this limitation on periods of probationary
2employment, which is a denial and limitation of home rule
3powers. Notwithstanding anything to the contrary in this
4Section, the probationary employment period limitation may be
5extended for a firefighter who is required, as a condition of
6employment, to be a certified paramedic, during which time the
7sole reason that a firefighter may be discharged without a
8hearing is for failing to meet the requirements for paramedic
9certification.
10    (m) To the extent that this Section or any other Section in
11this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then
12Section 10-1-7.1 or 10-1-7.2 shall control.
13(Source: P.A. 96-1551, eff. 7-1-11; 97-0251, eff. 8-4-11;
14revised 9-15-11.)
 
15    (65 ILCS 5/10-1-7.1)
16    Sec. 10-1-7.1. Original appointments; full-time fire
17department.
18    (a) Applicability. Unless a commission elects to follow the
19provisions of Section 10-1-7.2, this Section shall apply to all
20original appointments to an affected full-time fire
21department. Existing registers of eligibles shall continue to
22be valid until their expiration dates, or up to a maximum of 2
23years after the effective date of this amendatory Act of the
2497th General Assembly.
25    Notwithstanding any statute, ordinance, rule, or other law

 

 

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1to the contrary, all original appointments to an affected
2department to which this Section applies shall be administered
3in the manner provided for in this Section. Provisions of the
4Illinois Municipal Code, municipal ordinances, and rules
5adopted pursuant to such authority and other laws relating to
6initial hiring of firefighters in affected departments shall
7continue to apply to the extent they are compatible with this
8Section, but in the event of a conflict between this Section
9and any other law, this Section shall control.
10    A home rule or non-home rule municipality may not
11administer its fire department process for original
12appointments in a manner that is less stringent than this
13Section. This Section is a limitation under subsection (i) of
14Section 6 of Article VII of the Illinois Constitution on the
15concurrent exercise by home rule units of the powers and
16functions exercised by the State.
17    A municipality that is operating under a court order or
18consent decree regarding original appointments to a full-time
19fire department before the effective date of this amendatory
20Act of the 97th General Assembly is exempt from the
21requirements of this Section for the duration of the court
22order or consent decree.
23    Notwithstanding any other provision of this subsection
24(a), this Section does not apply to a municipality with more
25than 1,000,000 inhabitants.
26    (b) Original appointments. All original appointments made

 

 

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1to an affected fire department shall be made from a register of
2eligibles established in accordance with the processes
3established by this Section. Only persons who meet or exceed
4the performance standards required by this Section shall be
5placed on a register of eligibles for original appointment to
6an affected fire department.
7    Whenever an appointing authority authorizes action to hire
8a person to perform the duties of a firefighter or to hire a
9firefighter-paramedic to fill a position that is a new position
10or vacancy due to resignation, discharge, promotion, death, the
11granting of a disability or retirement pension, or any other
12cause, the appointing authority shall appoint to that position
13the person with the highest ranking on the final eligibility
14list. If the appointing authority has reason to conclude that
15the highest ranked person fails to meet the minimum standards
16for the position or if the appointing authority believes an
17alternate candidate would better serve the needs of the
18department, then the appointing authority has the right to pass
19over the highest ranked person and appoint either: (i) any
20person who has a ranking in the top 5% of the register of
21eligibles or (ii) any person who is among the top 5 highest
22ranked persons on the list of eligibles if the number of people
23who have a ranking in the top 5% of the register of eligibles
24is less than 5 people.
25    Any candidate may pass on an appointment once without
26losing his or her position on the register of eligibles. Any

 

 

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

 

 

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

 

 

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

 

 

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1appointed to the lowest rank serve a probationary employment
2period of longer than one year of actual active employment,
3which may exclude periods of training, or injury or illness
4leaves, including duty related leave, in excess of 30 calendar
5days. Notwithstanding anything to the contrary in this Section,
6the probationary employment period limitation may be extended
7for a firefighter who is required, as a condition of
8employment, to be a certified paramedic, during which time the
9sole reason that a firefighter may be discharged without a
10hearing is for failing to meet the requirements for paramedic
11certification.
12    In the event that any applicant who has been found eligible
13for appointment and whose name has been placed upon the final
14eligibility register provided for in this Division 1 has not
15been appointed to a firefighter position within one year after
16the date of his or her physical ability examination, the
17commission may cause a second examination to be made of that
18applicant's physical ability prior to his or her appointment.
19If, after the second examination, the physical ability of the
20applicant shall be found to be less than the minimum standard
21fixed by the rules of the commission, the applicant shall not
22be appointed. The applicant's name may be retained upon the
23register of candidates eligible for appointment and when next
24reached for certification and appointment that applicant may be
25again examined as provided in this Section, and if the physical
26ability of that applicant is found to be less than the minimum

 

 

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

 

 

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

 

 

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1    to test both the candidate's speed and endurance in
2    performing tasks and evolutions. Tasks tested may be based
3    on standards developed, or approved, by the local
4    appointing authority.
5        (2) The ability to climb ladders, operate from heights,
6    walk or crawl in the dark along narrow and uneven surfaces,
7    and operate in proximity to hazardous environments.
8        (3) The ability to carry out critical, time-sensitive,
9    and complex problem solving during physical exertion in
10    stressful and hazardous environments. The testing
11    environment may be hot and dark with tightly enclosed
12    spaces, flashing lights, sirens, and other distractions.
13    The tests utilized to measure each applicant's
14capabilities in each of these dimensions may be tests based on
15industry standards currently in use or equivalent tests
16approved by the Joint Labor-Management Committee of the Office
17of the State Fire Marshal.
18    Physical ability examinations administered under this
19Section shall be conducted with a reasonable number of proctors
20and monitors, open to the public, and subject to reasonable
21regulations of the commission.
22    (g) Scoring of examination components. Appointing
23authorities may create a preliminary eligibility register. A
24person shall be placed on the list based upon his or her
25passage of the written examination or the passage of the
26written examination and the physical ability component.

 

 

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1Passage of the written examination means a score that is at or
2above the median mean score for all applicants participating in
3the written test. The appointing authority may conduct the
4physical ability component and any subjective components
5subsequent to the posting of the preliminary eligibility
6register.
7    The examination components for an initial eligibility
8register shall be graded on a 100-point scale. A person's
9position on the list shall be determined by the following: (i)
10the person's score on the written examination, (ii) the person
11successfully passing the physical ability component, and (iii)
12the person's results on any subjective component as described
13in subsection (d).
14    In order to qualify for placement on the final eligibility
15register, an applicant's total score on the written
16examination, before any applicable preference points or
17subjective points are applied, shall be at or above the median
18mean 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
21median mean 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 and who have passed the physical ability examination.
25These persons shall take rank upon the register as candidates
26in the order of their relative excellence based on the highest

 

 

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1to the lowest total points scored on the mental aptitude,
2subjective component, and preference components of the test
3administered in accordance with this Section. No more than 60
4days after each examination, an initial eligibility list shall
5be posted by the commission. The list shall include the final
6grades of the candidates without reference to priority of the
7time of examination and subject to claim for preference credit.
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) may be preferred for appointment to and employment
16    with the fire department of an affected department
17    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, certified Firefighter III, State
21    of Illinois or nationally licensed EMT-B or EMT-I, licensed
22    paramedic, or any combination of those capacities may be
23    awarded up to a maximum of 5 points. However, the applicant
24    may not be awarded more than 0.5 points for each complete
25    year of paid-on-call or part-time service. Applicants from
26    outside the municipality who were employed as full-time

 

 

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1    firefighters or firefighter-paramedics by a fire
2    protection district or another municipality may be awarded
3    up to 5 experience preference points. However, the
4    applicant may not be awarded more than one point for each
5    complete year of full-time service.
6        Upon request by the commission, the governing body of
7    the municipality or in the case of applicants from outside
8    the municipality the governing body of any fire protection
9    district or any other municipality shall certify to the
10    commission, within 10 days after the request, the number of
11    years of successful paid-on-call, part-time, or full-time
12    service of any person. A candidate may not receive the full
13    amount of preference points under this subsection if the
14    amount of points awarded would place the candidate before a
15    veteran on the eligibility list. If more than one candidate
16    receiving experience preference points is prevented from
17    receiving all of their points due to not being allowed to
18    pass a veteran, the candidates shall be placed on the list
19    below the veteran in rank order based on the totals
20    received if all points under this subsection were to be
21    awarded. Any remaining ties on the list shall be determined
22    by lot.
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 municipality or in the case of applicants from outside
3    the municipality the governing body of any fire protection
4    district or any other 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 Division, 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(Source: P.A. 97-251, eff. 8-4-11.)
 
18    (65 ILCS 5/10-1-7.2)
19    Sec. 10-1-7.2. Alternative procedure; original
20appointment; full-time firefighter.
21    (a) Authority. The Joint Labor and Management Committee
22(JLMC), as defined in Section 50 of the Fire Department
23Promotion Act, may establish a community outreach program to
24market the profession of firefighter and firefighter-paramedic
25so as to ensure the pool of applicants recruited is of broad

 

 

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

 

 

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1    eligibles shall be eligible for appointment for 2 years
2    after the date of the certification of their final score on
3    the register without regard to the date of their
4    examination. After 2 years, the candidate's name shall be
5    struck from the list.
6        Any person currently employed as a full-time member of
7    a fire department or any person who has experienced a
8    non–voluntary (and non-disciplinary) separation from the
9    active workforce due to a reduction in the number of
10    departmental officers, who was appointed pursuant to this
11    Division, Division 2.1 of Article 10 of the Illinois
12    Municipal Code, or the Fire Protection District Act, and
13    who during the previous 24 months participated in and
14    received a passing score on the physical ability and mental
15    aptitude components of the test may request that his or her
16    name be added to the master register. Any eligible person
17    may be offered employment by a local commission under the
18    same 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 publication at least 30 days
16preceding the examination, in one or more newspapers published
17in the region, or if no newspaper is published therein, then in
18one or more newspapers with a general circulation within the
19region. The JLMC may publish the notice on the JLMC's Internet
20website. Additional notice of the examination may be given as
21the 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    The tests utilized to measure each applicant's
3capabilities in each of these dimensions may be tests based on
4industry standards currently in use or equivalent tests
5approved by the Joint Labor-Management Committee of the Office
6of the State Fire Marshal.
7    (g) Scoring of examination components. The examination
8components shall be graded on a 100-point scale. A person's
9position on the master register of eligibles shall be
10determined by the person's score on the written examination,
11the person successfully passing the physical ability
12component, and the addition of any applicable preference
13points.
14    Applicants who have achieved at least the median mean score
15of all applicants participating in the written examination at
16the same time, and who successfully pass the physical ability
17examination shall be placed on the initial eligibility
18register. Applicable preference points shall be added to the
19written examination scores for all applicants who qualify for
20the initial eligibility register. Applicants who score in the
21top 70th percentile or higher, including any applicable
22preference points For placement on the final eligibility
23register, the passing score shall be determined by (i)
24calculating the mean score for all applicants participating in
25the written test; and (ii) adding 20% to the mean score.
26Applicants whose total scores, including any applicable

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1knowingly violates or subverts any requirement of this Section,
2commits a violation of this Section and may be subject to
3charges for official misconduct.
4    A person who is the knowing recipient of test information
5in advance of the examination shall be disqualified from the
6examination or discharged from the position to which he or she
7was appointed, as applicable, and otherwise subjected to
8disciplinary actions.
9    (l) Applicability. This Section does not apply to a
10municipality with more than 1,000,000 inhabitants.
11(Source: P.A. 97-251, eff. 8-4-11.)
 
12    (65 ILCS 5/10-2.1-6.3)
13    Sec. 10-2.1-6.3. Original appointments; full-time fire
14department.
15    (a) Applicability. Unless a commission elects to follow the
16provisions of Section 10-2.1-6.4, this Section shall apply to
17all original appointments to an affected full-time fire
18department. Existing registers of eligibles shall continue to
19be valid until their expiration dates, or up to a maximum of 2
20years after the effective date of this amendatory Act of the
2197th General Assembly.
22    Notwithstanding any statute, ordinance, rule, or other law
23to the contrary, all original appointments to an affected
24department to which this Section applies shall be administered
25in the manner provided for in this Section. Provisions of the

 

 

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1Illinois Municipal Code, municipal ordinances, and rules
2adopted pursuant to such authority and other laws relating to
3initial hiring of firefighters in affected departments shall
4continue to apply to the extent they are compatible with this
5Section, but in the event of a conflict between this Section
6and any other law, this Section shall control.
7    A home rule or non-home rule municipality may not
8administer its fire department process for original
9appointments in a manner that is less stringent than this
10Section. This Section is a limitation under subsection (i) of
11Section 6 of Article VII of the Illinois Constitution on the
12concurrent exercise by home rule units of the powers and
13functions exercised by the State.
14    A municipality that is operating under a court order or
15consent decree regarding original appointments to a full-time
16fire department before the effective date of this amendatory
17Act of the 97th General Assembly is exempt from the
18requirements of this Section for the duration of the court
19order or consent decree.
20    Notwithstanding any other provision of this subsection
21(a), this Section does not apply to a municipality with more
22than 1,000,000 inhabitants.
23    (b) Original appointments. All original appointments made
24to an affected fire department shall be made from a register of
25eligibles established in accordance with the processes
26established by this Section. Only persons who meet or exceed

 

 

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1the performance standards required by this Section shall be
2placed on a register of eligibles for original appointment to
3an affected fire department.
4    Whenever an appointing authority authorizes action to hire
5a person to perform the duties of a firefighter or to hire a
6firefighter-paramedic to fill a position that is a new position
7or vacancy due to resignation, discharge, promotion, death, the
8granting of a disability or retirement pension, or any other
9cause, the appointing authority shall appoint to that position
10the person with the highest ranking on the final eligibility
11list. If the appointing authority has reason to conclude that
12the highest ranked person fails to meet the minimum standards
13for the position or if the appointing authority believes an
14alternate candidate would better serve the needs of the
15department, then the appointing authority has the right to pass
16over the highest ranked person and appoint either: (i) any
17person who has a ranking in the top 5% of the register of
18eligibles or (ii) any person who is among the top 5 highest
19ranked persons on the list of eligibles if the number of people
20who have a ranking in the top 5% of the register of eligibles
21is less than 5 people.
22    Any candidate may pass on an appointment once without
23losing his or her position on the register of eligibles. Any
24candidate who passes a second time may be removed from the list
25by the appointing authority provided that such action shall not
26prejudice a person's opportunities to participate in future

 

 

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1examinations, including an examination held during the time a
2candidate is already on the municipality's register of
3eligibles.
4    The sole authority to issue certificates of appointment
5shall be vested in the board of fire and police commissioners.
6All certificates of appointment issued to any officer or member
7of an affected department shall be signed by the chairperson
8and secretary, respectively, of the board upon appointment of
9such officer or member to the affected department by action of
10the board. Each person who accepts a certificate of appointment
11and successfully completes his or her probationary period shall
12be enrolled as a firefighter and as a regular member of the
13fire department.
14    For the purposes of this Section, "firefighter" means any
15person who has been prior to, on, or after the effective date
16of this amendatory Act of the 97th General Assembly appointed
17to a fire department or fire protection district or employed by
18a State university and sworn or commissioned to perform
19firefighter duties or paramedic duties, or both, except that
20the following persons are not included: part-time
21firefighters; auxiliary, reserve, or voluntary firefighters,
22including paid-on-call firefighters; clerks and dispatchers or
23other civilian employees of a fire department or fire
24protection district who are not routinely expected to perform
25firefighter duties; and elected officials.
26    (c) Qualification for placement on register of eligibles.

 

 

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1The purpose of establishing a register of eligibles is to
2identify applicants who possess and demonstrate the mental
3aptitude and physical ability to perform the duties required of
4members of the fire department in order to provide the highest
5quality of service to the public. To this end, all applicants
6for original appointment to an affected fire department shall
7be subject to examination and testing which shall be public,
8competitive, and open to all applicants unless the municipality
9shall by ordinance limit applicants to residents of the
10municipality, county or counties in which the municipality is
11located, State, or nation. Municipalities may establish
12educational, emergency medical service licensure, and other
13pre-requisites for participation in an examination or for hire
14as a firefighter. Any municipality may charge a fee to cover
15the costs of the application process.
16    Residency requirements in effect at the time an individual
17enters the fire service of a municipality cannot be made more
18restrictive for that individual during his or her period of
19service for that municipality, or be made a condition of
20promotion, except for the rank or position of fire chief and
21for no more than 2 positions that rank immediately below that
22of the chief rank which are appointed positions pursuant to the
23Fire Department Promotion Act.
24    No person who is 35 years of age or older shall be eligible
25to take an examination for a position as a firefighter unless
26the person has had previous employment status as a firefighter

 

 

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1in the regularly constituted fire department of the
2municipality, except as provided in this Section. The age
3limitation does not apply to:
4        (1) any person previously employed as a full-time
5    firefighter in a regularly constituted fire department of
6    (i) any municipality or fire protection district located in
7    Illinois, (ii) a fire protection district whose
8    obligations were assumed by a municipality under Section 21
9    of the Fire Protection District Act, or (iii) a
10    municipality whose obligations were taken over by a fire
11    protection district, or
12        (2) any person who has served a municipality as a
13    regularly enrolled volunteer, paid-on-call, or part-time
14    firefighter for the 5 years immediately preceding the time
15    that the municipality begins to use full-time firefighters
16    to provide all or part of its fire protection service.
17    No person who is under 21 years of age shall be eligible
18for employment as a firefighter.
19    No applicant shall be examined concerning his or her
20political or religious opinions or affiliations. The
21examinations shall be conducted by the commissioners of the
22municipality or their designees and agents.
23    No municipality shall require that any firefighter
24appointed to the lowest rank serve a probationary employment
25period of longer than one year of actual active employment,
26which may exclude periods of training, or injury or illness

 

 

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1leaves, including duty related leave, in excess of 30 calendar
2days. Notwithstanding anything to the contrary in this Section,
3the probationary employment period limitation may be extended
4for a firefighter who is required, as a condition of
5employment, to be a certified paramedic, during which time the
6sole reason that a firefighter may be discharged without a
7hearing is for failing to meet the requirements for paramedic
8certification.
9    In the event that any applicant who has been found eligible
10for appointment and whose name has been placed upon the final
11eligibility register provided for in this Section has not been
12appointed to a firefighter position within one year after the
13date of his or her physical ability examination, the commission
14may cause a second examination to be made of that applicant's
15physical ability prior to his or her appointment. If, after the
16second examination, the physical ability of the applicant shall
17be found to be less than the minimum standard fixed by the
18rules of the commission, the applicant shall not be appointed.
19The applicant's name may be retained upon the register of
20candidates eligible for appointment and when next reached for
21certification and appointment that applicant may be again
22examined as provided in this Section, and if the physical
23ability of that applicant is found to be less than the minimum
24standard fixed by the rules of the commission, the applicant
25shall not be appointed, and the name of the applicant shall be
26removed from the register.

 

 

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

 

 

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1performed by members of a fire department. Written examinations
2shall be administered in a manner that ensures the security and
3accuracy of the scores achieved.
4    (f) Physical ability. All candidates shall be required to
5undergo an examination of their physical ability to perform the
6essential functions included in the duties they may be called
7upon to perform as a member of a fire department. For the
8purposes of this Section, essential functions of the job are
9functions associated with duties that a firefighter may be
10called upon to perform in response to emergency calls. The
11frequency of the occurrence of those duties as part of the fire
12department's regular routine shall not be a controlling factor
13in the design of examination criteria or evolutions selected
14for testing. These physical examinations shall be open,
15competitive, and based on industry standards designed to test
16each applicant's physical abilities in the following
17dimensions (or a similar test designed to ensure that the
18successful candidates are able to perform the essential
19functions of the firefighter's job description):
20        (1) Muscular strength to perform tasks and evolutions
21    that may be required in the performance of duties including
22    grip strength, leg strength, and arm strength. Tests shall
23    be conducted under anaerobic as well as aerobic conditions
24    to test both the candidate's speed and endurance in
25    performing tasks and evolutions. Tasks tested may be based
26    on standards developed, or approved, by the local

 

 

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1    appointing authority.
2        (2) The ability to climb ladders, operate from heights,
3    walk or crawl in the dark along narrow and uneven surfaces,
4    and operate in proximity to hazardous environments.
5        (3) The ability to carry out critical, time-sensitive,
6    and complex problem solving during physical exertion in
7    stressful and hazardous environments. The testing
8    environment may be hot and dark with tightly enclosed
9    spaces, flashing lights, sirens, and other distractions.
10    The tests utilized to measure each applicant's
11capabilities in each of these dimensions may be tests based on
12industry standards currently in use or equivalent tests
13approved by the Joint Labor-Management Committee of the Office
14of the State Fire Marshal.
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. Appointing
20authorities may create a preliminary eligibility register. A
21person shall be placed on the list based upon his or her
22passage of the written examination or the passage of the
23written examination and the physical ability component.
24Passage of the written examination means a score that is at or
25above the median mean score for all applicants participating in
26the written test. The appointing authority may conduct the

 

 

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1physical ability component and any subjective components
2subsequent to the posting of the preliminary eligibility
3register.
4    The examination components for an initial eligibility
5register shall be graded on a 100-point scale. A person's
6position on the list shall be determined by the following: (i)
7the person's score on the written examination, (ii) the person
8successfully passing the physical ability component, and (iii)
9the person's results on any subjective component as described
10in subsection (d).
11    In order to qualify for placement on the final eligibility
12register, an applicant's total score on the written
13examination, before any applicable preference points or
14subjective points are applied, shall be at or above the median
15mean score plus 10%. The local appointing authority may
16prescribe the score to qualify for placement on the final
17eligibility register, but the score shall not be less than the
18median mean score plus 10%.
19    The commission shall prepare and keep a register of persons
20whose total score is not less than the minimum fixed by this
21Section and who have passed the physical ability examination.
22These persons shall take rank upon the register as candidates
23in the order of their relative excellence based on the highest
24to the lowest total points scored on the mental aptitude,
25subjective component, and preference components of the test
26administered in accordance with this Section. No more than 60

 

 

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

 

 

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

 

 

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1    least 2 years shall be awarded 5 experience preference
2    points. These additional points presuppose a rating scale
3    totaling 100 points available for the eligibility list. If
4    more or fewer points are used in the rating scale for the
5    eligibility list, the points awarded under this subsection
6    shall be increased or decreased by a factor equal to the
7    total possible points available for the examination
8    divided by 100.
9        Upon request by the commission, the governing body of
10    the municipality or in the case of applicants from outside
11    the municipality the governing body of any fire protection
12    district or any other municipality shall certify to the
13    commission, within 10 days after the request, the number of
14    years of successful paid-on-call, part-time, or full-time
15    service of any person. A candidate may not receive the full
16    amount of preference points under this subsection if the
17    amount of points awarded would place the candidate before a
18    veteran on the eligibility list. If more than one candidate
19    receiving experience preference points is prevented from
20    receiving all of their points due to not being allowed to
21    pass a veteran, the candidates shall be placed on the list
22    below the veteran in rank order based on the totals
23    received if all points under this subsection were to be
24    awarded. Any remaining ties on the list shall be determined
25    by lot.
26        (6) Residency preference. Applicants whose principal

 

 

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

 

 

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

 

 

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

 

 

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1a habitual drunkard, a gambler, or a person who has been
2convicted of a felony or a crime involving moral turpitude.
3However, no person shall be disqualified from appointment to
4the fire department because of the person's record of
5misdemeanor convictions except those under Sections 11-6,
611-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
712-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
831-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
91, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
10arrest for any cause without conviction thereon. Any such
11person who is in the department may be removed on charges
12brought for violating this subsection and after a trial as
13hereinafter provided.
14    A classifiable set of the fingerprints of every person who
15is offered employment as a certificated member of an affected
16fire department whether with or without compensation, shall be
17furnished to the Illinois Department of State Police and to the
18Federal Bureau of Investigation by the commission.
19    Whenever a commission is authorized or required by law to
20consider some aspect of criminal history record information for
21the purpose of carrying out its statutory powers and
22responsibilities, then, upon request and payment of fees in
23conformance with the requirements of Section 2605-400 of the
24State Police Law of the Civil Administrative Code of Illinois,
25the Department of State Police is authorized to furnish,
26pursuant to positive identification, the information contained

 

 

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1in State files as is necessary to fulfill the request.
2    (j) Temporary appointments. In order to prevent a stoppage
3of public business, to meet extraordinary exigencies, or to
4prevent material impairment of the fire department, the
5commission may make temporary appointments, to remain in force
6only until regular appointments are made under the provisions
7of this Division, but never to exceed 60 days. No temporary
8appointment of any one person shall be made more than twice in
9any calendar year.
10    (k) A person who knowingly divulges or receives test
11questions or answers before a written examination, or otherwise
12knowingly violates or subverts any requirement of this Section,
13commits a violation of this Section and may be subject to
14charges for official misconduct.
15    A person who is the knowing recipient of test information
16in advance of the examination shall be disqualified from the
17examination or discharged from the position to which he or she
18was appointed, as applicable, and otherwise subjected to
19disciplinary actions.
20(Source: P.A. 97-251, eff. 8-4-11.)
 
21    (65 ILCS 5/10-2.1-6.4)
22    Sec. 10-2.1-6.4. Alternative procedure; original
23appointment; full-time firefighter.
24    (a) Authority. The Joint Labor and Management Committee
25(JLMC), as defined in Section 50 of the Fire Department

 

 

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1Promotion Act, may establish a community outreach program to
2market the profession of firefighter and firefighter-paramedic
3so as to ensure the pool of applicants recruited is of broad
4diversity and the highest quality.
5    For the purposes of this Section, "firefighter" means any
6person who has been prior to, on, or after the effective date
7of this amendatory Act of the 97th General Assembly appointed
8to a fire department or fire protection district or employed by
9a State university and sworn or commissioned to perform
10firefighter duties or paramedic duties, or both, except that
11the following persons are not included: part-time
12firefighters; auxiliary, reserve, or voluntary firefighters,
13including paid-on-call firefighters; clerks and dispatchers or
14other civilian employees of a fire department or fire
15protection district who are not routinely expected to perform
16firefighter duties; and elected officials.
17    (b) Eligibility. Persons eligible for placement on the
18master register of eligibles shall consist of the following:
19        Persons who have participated in and received a passing
20    total score on the mental aptitude, physical ability, and
21    preference components of a regionally administered test
22    based on the standards described in this Section. The
23    standards for administering these tests and the minimum
24    passing score required for placement on this list shall be
25    as is set forth in this Section.
26        Qualified candidates shall be listed on the master

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        (3) The ability to carry out critical, time-sensitive,
2    and complex problem solving during physical exertion in
3    stressful and hazardous environments. The testing
4    environment may be hot and dark with tightly enclosed
5    spaces, flashing lights, sirens, and other distractions.
6    The tests utilized to measure each applicant's
7capabilities in each of these dimensions may be tests based on
8industry standards currently in use or equivalent tests
9approved by the Joint Labor-Management Committee of the Office
10of the State Fire Marshal.
11    (g) Scoring of examination components. The examination
12components shall be graded on a 100-point scale. A person's
13position on the master register of eligibles shall be
14determined by the person's score on the written examination,
15the person successfully passing the physical ability
16component, and the addition of any applicable preference
17points.
18    Applicants who have achieved at least the median mean score
19of all applicants participating in the written examination at
20the same time, and who successfully pass the physical ability
21examination shall be placed on the initial eligibility
22register. Applicable preference points shall be added to the
23written examination scores for all applicants who qualify for
24the initial eligibility register. Applicants who score in the
25top 70th percentile or higher, including any applicable
26preference points For placement on the final eligibility

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1apprentice), the local commission shall issue the apprentice a
2certificate of original appointment to the fire department.
3    (k) A person who knowingly divulges or receives test
4questions or answers before a written examination, or otherwise
5knowingly violates or subverts any requirement of this Section,
6commits a violation of this Section and may be subject to
7charges for official misconduct.
8    A person who is the knowing recipient of test information
9in advance of the examination shall be disqualified from the
10examination or discharged from the position to which he or she
11was appointed, as applicable, and otherwise subjected to
12disciplinary actions.
13    (l) Applicability. This Section does not apply to a
14municipality with more than 1,000,000 inhabitants.
15(Source: P.A. 97-251, eff. 8-4-11.)
 
16    Section 10. The Fire Protection District Act is amended by
17changing Sections 16.06b and 16.06c as follows:
 
18    (70 ILCS 705/16.06b)
19    Sec. 16.06b. Original appointments; full-time fire
20department.
21    (a) Applicability. Unless a commission elects to follow the
22provisions of Section 16.06c, this Section shall apply to all
23original appointments to an affected full-time fire
24department. Existing registers of eligibles shall continue to

 

 

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1be valid until their expiration dates, or up to a maximum of 2
2years after the effective date of this amendatory Act of the
397th General Assembly.
4    Notwithstanding any statute, ordinance, rule, or other law
5to the contrary, all original appointments to an affected
6department to which this Section applies shall be administered
7in a no less stringent manner than the manner provided for in
8this Section. Provisions of the Illinois Municipal Code, Fire
9Protection District Act, fire district ordinances, and rules
10adopted pursuant to such authority and other laws relating to
11initial hiring of firefighters in affected departments shall
12continue to apply to the extent they are compatible with this
13Section, but in the event of a conflict between this Section
14and any other law, this Section shall control.
15    A fire protection district that is operating under a court
16order or consent decree regarding original appointments to a
17full-time fire department before the effective date of this
18amendatory Act of the 97th General Assembly is exempt from the
19requirements of this Section for the duration of the court
20order or consent decree.
21    (b) Original appointments. All original appointments made
22to an affected fire department shall be made from a register of
23eligibles established in accordance with the processes
24required by this Section. Only persons who meet or exceed the
25performance standards required by the Section shall be placed
26on a register of eligibles for original appointment to an

 

 

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1affected fire department.
2    Whenever an appointing authority authorizes action to hire
3a person to perform the duties of a firefighter or to hire a
4firefighter-paramedic to fill a position that is a new position
5or vacancy due to resignation, discharge, promotion, death, the
6granting of a disability or retirement pension, or any other
7cause, the appointing authority shall appoint to that position
8the person with the highest ranking on the final eligibility
9list. If the appointing authority has reason to conclude that
10the highest ranked person fails to meet the minimum standards
11for the position or if the appointing authority believes an
12alternate candidate would better serve the needs of the
13department, then the appointing authority has the right to pass
14over the highest ranked person and appoint either: (i) any
15person who has a ranking in the top 5% of the register of
16eligibles or (ii) any person who is among the top 5 highest
17ranked persons on the list of eligibles if the number of people
18who have a ranking in the top 5% of the register of eligibles
19is less than 5 people.
20    Any candidate may pass on an appointment once without
21losing his or her position on the register of eligibles. Any
22candidate who passes a second time may be removed from the list
23by the appointing authority provided that such action shall not
24prejudice a person's opportunities to participate in future
25examinations, including an examination held during the time a
26candidate is already on the fire district's register of

 

 

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1eligibles.
2    The sole authority to issue certificates of appointment
3shall be vested in the board of fire commissioners, or board of
4trustees serving in the capacity of a board of fire
5commissioners. All certificates of appointment issued to any
6officer or member of an affected department shall be signed by
7the chairperson and secretary, respectively, of the commission
8upon appointment of such officer or member to the affected
9department by action of the commission. Each person who accepts
10a certificate of appointment and successfully completes his or
11her probationary period shall be enrolled as a firefighter and
12as a regular member of the fire department.
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    (c) Qualification for placement on register of eligibles.
26The purpose of establishing a register of eligibles is to

 

 

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1identify applicants who possess and demonstrate the mental
2aptitude and physical ability to perform the duties required of
3members of the fire department in order to provide the highest
4quality of service to the public. To this end, all applicants
5for original appointment to an affected fire department shall
6be subject to examination and testing which shall be public,
7competitive, and open to all applicants unless the district
8shall by ordinance limit applicants to residents of the
9district, county or counties in which the district is located,
10State, or nation. Districts may establish educational,
11emergency medical service licensure, and other pre-requisites
12for participation in an examination or for hire as a
13firefighter. Any fire protection district may charge a fee to
14cover the costs of the application process.
15    Residency requirements in effect at the time an individual
16enters the fire service of a district cannot be made more
17restrictive for that individual during his or her period of
18service for that district, or be made a condition of promotion,
19except for the rank or position of fire chief and for no more
20than 2 positions that rank immediately below that of the chief
21rank which are appointed positions pursuant to the Fire
22Department Promotion Act.
23    No person who is 35 years of age or older shall be eligible
24to take an examination for a position as a firefighter unless
25the person has had previous employment status as a firefighter
26in the regularly constituted fire department of the district,

 

 

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1except as provided in this Section. The age limitation does not
2apply to:
3        (1) any person previously employed as a full-time
4    firefighter in a regularly constituted fire department of
5    (i) any municipality or fire protection district located in
6    Illinois, (ii) a fire protection district whose
7    obligations were assumed by a municipality under Section 21
8    of the Fire Protection District Act, or (iii) a
9    municipality whose obligations were taken over by a fire
10    protection district, or
11        (2) any person who has served a fire district as a
12    regularly enrolled volunteer, paid-on-call, or part-time
13    firefighter for the 5 years immediately preceding the time
14    that the district begins to use full-time firefighters to
15    provide all or part of its fire protection service.
16    No person who is under 21 years of age shall be eligible
17for employment as a firefighter.
18    No applicant shall be examined concerning his or her
19political or religious opinions or affiliations. The
20examinations shall be conducted by the commissioners of the
21district or their designees and agents.
22    No district shall require that any firefighter appointed to
23the lowest rank serve a probationary employment period of
24longer than one year of actual active employment, which may
25exclude periods of training, or injury or illness leaves,
26including duty related leave, in excess of 30 calendar days.

 

 

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1Notwithstanding anything to the contrary in this Section, the
2probationary employment period limitation may be extended for a
3firefighter who is required, as a condition of employment, to
4be a certified paramedic, during which time the sole reason
5that a firefighter may be discharged without a hearing is for
6failing to meet the requirements for paramedic certification.
7    In the event that any applicant who has been found eligible
8for appointment and whose name has been placed upon the final
9eligibility register provided for in this Section has not been
10appointed to a firefighter position within one year after the
11date of his or her physical ability examination, the commission
12may cause a second examination to be made of that applicant's
13physical ability prior to his or her appointment. If, after the
14second examination, the physical ability of the applicant shall
15be found to be less than the minimum standard fixed by the
16rules of the commission, the applicant shall not be appointed.
17The applicant's name may be retained upon the register of
18candidates eligible for appointment and when next reached for
19certification and appointment that applicant may be again
20examined as provided in this Section, and if the physical
21ability of that applicant is found to be less than the minimum
22standard fixed by the rules of the commission, the applicant
23shall not be appointed, and the name of the applicant shall be
24removed from the register.
25    (d) Notice, examination, and testing components. Notice of
26the time, place, general scope, merit criteria for any

 

 

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1subjective component, and fee of every examination shall be
2given by the commission, by a publication at least 2 weeks
3preceding the examination: (i) in one or more newspapers
4published in the district, or if no newspaper is published
5therein, then in one or more newspapers with a general
6circulation within the district, or (ii) on the fire protection
7district's Internet website. Additional notice of the
8examination may be given as the commission shall prescribe.
9    The examination and qualifying standards for employment of
10firefighters shall be based on: mental aptitude, physical
11ability, preferences, moral character, and health. The mental
12aptitude, physical ability, and preference components shall
13determine an applicant's qualification for and placement on the
14final register of eligibles. The examination may also include a
15subjective component based on merit criteria as determined by
16the commission. Scores from the examination must be made
17available to the public.
18    (e) Mental aptitude. No person who does not possess at
19least a high school diploma or an equivalent high school
20education shall be placed on a register of eligibles.
21Examination of an applicant's mental aptitude shall be based
22upon a written examination. The examination shall be practical
23in character and relate to those matters that fairly test the
24capacity of the persons examined to discharge the duties
25performed by members of a fire department. Written examinations
26shall be administered in a manner that ensures the security and

 

 

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1accuracy of the scores achieved.
2    (f) Physical ability. All candidates shall be required to
3undergo an examination of their physical ability to perform the
4essential functions included in the duties they may be called
5upon to perform as a member of a fire department. For the
6purposes of this Section, essential functions of the job are
7functions associated with duties that a firefighter may be
8called upon to perform in response to emergency calls. The
9frequency of the occurrence of those duties as part of the fire
10department's regular routine shall not be a controlling factor
11in the design of examination criteria or evolutions selected
12for testing. These physical examinations shall be open,
13competitive, and based on industry standards designed to test
14each applicant's physical abilities in the following
15dimensions (or a similar test designed to ensure that the
16successful candidates are able to perform the essential
17functions of the firefighter's job description):
18        (1) Muscular strength to perform tasks and evolutions
19    that may be required in the performance of duties including
20    grip strength, leg strength, and arm strength. Tests shall
21    be conducted under anaerobic as well as aerobic conditions
22    to test both the candidate's speed and endurance in
23    performing tasks and evolutions. Tasks tested may be based
24    on standards developed, or approved, by the local
25    appointing authority.
26        (2) The ability to climb ladders, operate from heights,

 

 

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1    walk or crawl in the dark along narrow and uneven surfaces,
2    and operate in proximity to hazardous environments.
3        (3) The ability to carry out critical, time-sensitive,
4    and complex problem solving during physical exertion in
5    stressful and hazardous environments. The testing
6    environment may be hot and dark with tightly enclosed
7    spaces, flashing lights, sirens, and other distractions.
8    The tests utilized to measure each applicant's
9capabilities in each of these dimensions may be tests based on
10industry standards currently in use or equivalent tests
11approved by the Joint Labor-Management Committee of the Office
12of the State Fire Marshal.
13    Physical ability examinations administered under this
14Section shall be conducted with a reasonable number of proctors
15and monitors, open to the public, and subject to reasonable
16regulations of the commission.
17    (g) Scoring of examination components. Appointing
18authorities may create a preliminary eligibility register. A
19person shall be placed on the list based upon his or her
20passage of the written examination or the passage of the
21written examination and the physical ability component.
22Passage of the written examination means a score that is at or
23above the median mean score for all applicants participating in
24the written test. The appointing authority may conduct the
25physical ability component and any subjective components
26subsequent to the posting of the preliminary eligibility

 

 

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1register.
2    The examination components for an initial eligibility
3register 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, and (iii)
7the person's results on any subjective component as described
8in subsection (d).
9    In order to qualify for placement on the final eligibility
10register, an applicant's total score on the written
11examination, before any applicable preference points or
12subjective points are applied, shall be at or above the median
13mean score plus 10%. The local appointing authority may
14prescribe the score to qualify for placement on the final
15eligibility register, but the score shall not be less than the
16median mean score plus 10%.
17    The commission shall prepare and keep a register of persons
18whose total score is not less than the minimum fixed by this
19Section and who have passed the physical ability examination.
20These persons shall take rank upon the register as candidates
21in the order of their relative excellence based on the highest
22to the lowest total points scored on the mental aptitude,
23subjective component, and preference components of the test
24administered in accordance with this Section. No more than 60
25days after each examination, an initial eligibility list shall
26be posted by the commission. The list shall include the final

 

 

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

 

 

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

 

 

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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        (6) Residency preference. Applicants whose principal
19    residence is located within the fire department's
20    jurisdiction may be preferred for appointment to and
21    employment with the fire department.
22        Upon request by the commission, the governing body of
23    the district or in the case of applicants from outside the
24    district the governing body of any other fire protection
25    district or any municipality shall certify to the
26    commission, within 10 days after the request, the number of

 

 

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1    years of successful paid-on-call, part-time, or full-time
2    service of any person. A candidate may not receive the full
3    amount of preference points under this subsection if the
4    amount of points awarded would place the candidate before a
5    veteran on the eligibility list. If more than one candidate
6    receiving experience preference points is prevented from
7    receiving all of their points due to not being allowed to
8    pass a veteran, the candidates shall be placed on the list
9    below the veteran in rank order based on the totals
10    received if all points under this subsection were to be
11    awarded. Any remaining ties on the list shall be determined
12    by lot.
13        (7) Additional preferences. Up to 5 additional
14    preference points may be awarded for unique categories
15    based on an applicant's experience or background as
16    identified by the commission.
17        (8) Scoring of preferences. The commission shall give
18    preference for original appointment to persons designated
19    in item (1) by adding to the final grade that they receive
20    5 points for the recognized preference achieved. The
21    commission shall determine the number of preference points
22    for each category except (1). The number of preference
23    points for each category shall range from 0 to 5. In
24    determining the number of preference points, the
25    commission shall prescribe that if a candidate earns the
26    maximum number of preference points in all categories, that

 

 

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1    number may not be less than 10 nor more than 30. The
2    commission shall give preference for original appointment
3    to persons designated in items (2) through (7) by adding
4    the requisite number of points to the final grade for each
5    recognized preference achieved. The numerical result thus
6    attained shall be applied by the commission in determining
7    the final eligibility list and appointment from the
8    eligibility list. The local appointing authority may
9    prescribe the total number of preference points awarded
10    under this Section, but the total number of preference
11    points shall not be less than 10 points or more than 30
12    points.
13    No person entitled to any preference shall be required to
14claim the credit before any examination held under the
15provisions of this Section, but the preference shall be given
16after the posting or publication of the initial eligibility
17list or register at the request of a person entitled to a
18credit before any certification or appointments are made from
19the eligibility register, upon the furnishing of verifiable
20evidence and proof of qualifying preference credit. Candidates
21who are eligible for preference credit shall make a claim in
22writing within 10 days after the posting of the initial
23eligibility list, or the claim shall be deemed waived. Final
24eligibility registers shall be established after the awarding
25of verified preference points. All employment shall be subject
26to the commission's initial hire background review including,

 

 

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1but not limited to, criminal history, employment history, moral
2character, oral examination, and medical and psychological
3examinations, all on a pass-fail basis. The medical and
4psychological examinations must be conducted last, and may only
5be performed after a conditional offer of employment has been
6extended.
7    Any person placed on an eligibility list who exceeds the
8age requirement before being appointed to a fire department
9shall remain eligible for appointment until the list is
10abolished, or his or her name has been on the list for a period
11of 2 years. No person who has attained the age of 35 years
12shall be inducted into a fire department, except as otherwise
13provided in this Section.
14    The commission shall strike off the names of candidates for
15original appointment after the names have been on the list for
16more than 2 years.
17    (i) Moral character. No person shall be appointed to a fire
18department unless he or she is a person of good character; not
19a habitual drunkard, a gambler, or a person who has been
20convicted of a felony or a crime involving moral turpitude.
21However, no person shall be disqualified from appointment to
22the fire department because of the person's record of
23misdemeanor convictions except those under Sections 11-6,
2411-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2512-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2631-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections

 

 

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11, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or
2arrest for any cause without conviction thereon. Any such
3person who is in the department may be removed on charges
4brought for violating this subsection and after a trial as
5hereinafter provided.
6    A classifiable set of the fingerprints of every person who
7is offered employment as a certificated member of an affected
8fire department whether with or without compensation, shall be
9furnished to the Illinois Department of State Police and to the
10Federal Bureau of Investigation by the commission.
11    Whenever a commission is authorized or required by law to
12consider some aspect of criminal history record information for
13the purpose of carrying out its statutory powers and
14responsibilities, then, upon request and payment of fees in
15conformance with the requirements of Section 2605-400 of the
16State Police Law of the Civil Administrative Code of Illinois,
17the Department of State Police is authorized to furnish,
18pursuant to positive identification, the information contained
19in State files as is necessary to fulfill the request.
20    (j) Temporary appointments. In order to prevent a stoppage
21of public business, to meet extraordinary exigencies, or to
22prevent material impairment of the fire department, the
23commission may make temporary appointments, to remain in force
24only until regular appointments are made under the provisions
25of this Section, but never to exceed 60 days. No temporary
26appointment of any one person shall be made more than twice in

 

 

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1any calendar year.
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(Source: P.A. 97-251, eff. 8-4-11.)
 
13    (70 ILCS 705/16.06c)
14    Sec. 16.06c. Alternative procedure; original appointment;
15full-time firefighter.
16    (a) Authority. The Joint Labor and Management Committee
17(JLMC), as defined in Section 50 of the Fire Department
18Promotion Act, may establish a community outreach program to
19market the profession of firefighter and firefighter-paramedic
20so as to ensure the pool of applicants recruited is of broad
21diversity and the highest quality.
22    For the purposes of this Section, "firefighter" means any
23person who has been prior to, on, or after the effective date
24of this amendatory Act of the 97th General Assembly appointed
25to a fire department or fire protection district or employed by

 

 

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

 

 

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1        Any person currently employed as a full-time member of
2    a fire department or any person who has experienced a
3    non–voluntary (and non-disciplinary) separation from the
4    active workforce due to a reduction in the number of
5    departmental officers, who was appointed pursuant to
6    Division 1 of Article 10 of the Illinois Municipal Code,
7    Division 2.1 of Article 10 of the Illinois Municipal Code,
8    or the Fire Protection District Act, and who during the
9    previous 24 months participated in and received a passing
10    score on the physical ability and mental aptitude
11    components of the test may request that his or her name be
12    added to the master register. Any eligible person may be
13    offered employment by a local commission under the same
14    procedures as provided by this Section except that the
15    apprenticeship period may be waived and the applicant may
16    be immediately issued a certificate of original
17    appointment by the local commission.
18    (c) Qualifications for placement on register of eligibles.
19The purpose for establishing a master register of eligibles
20shall be to identify applicants who possess and demonstrate the
21mental aptitude and physical ability to perform the duties
22required of members of the fire department in order to provide
23the highest quality of service to the public. To this end, all
24applicants for original appointment to an affected fire
25department through examination conducted by the Joint Labor and
26Management Committee (JLMC) shall be subject to examination and

 

 

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

 

 

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

 

 

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1department's regular routine shall not be a controlling factor
2in the design of examination criteria or evolutions selected
3for testing. These physical examinations shall be open,
4competitive, and based on industry standards designed to test
5each applicant's physical abilities in each of the following
6dimensions (or a similar test designed to ensure that the
7successful candidates are able to perform the essential
8functions of a firefighter's job description):
9        (1) Muscular strength to perform tasks and evolutions
10    that may be required in the performance of duties including
11    grip strength, leg strength, and arm strength. Tests shall
12    be conducted under anaerobic as well as aerobic conditions
13    to test both the candidate's speed and endurance in
14    performing tasks and evolutions. Tasks tested are to be
15    based on industry standards developed by the JLMC by rule.
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    The tests utilized to measure each applicant's
25capabilities in each of these dimensions may be tests based on
26industry standards currently in use or equivalent tests

 

 

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1approved by the Joint Labor-Management Committee of the Office
2of the State Fire Marshal.
3    (g) Scoring of examination components. The examination
4components shall be graded on a 100-point scale. A person's
5position on the master register of eligibles shall be
6determined by the person's score on the written examination,
7the person successfully passing the physical ability
8component, and the addition of any applicable preference
9points.
10    Applicants who have achieved at least the median mean score
11of all applicants participating in the written examination at
12the same time, and who successfully pass the physical ability
13examination shall be placed on the initial eligibility
14register. Applicable preference points shall be added to the
15written examination scores for all applicants who qualify for
16the initial eligibility register. Applicants who score in the
17top 70th percentile or higher, including any applicable
18preference points For placement on the final eligibility
19register, the passing score shall be determined by (i)
20calculating the mean score for all applicants participating in
21the written test; and (ii) adding 20% to the mean score.
22Applicants whose total scores, including any applicable
23preference points, are above the mean score plus 20%, shall be
24placed on the master register of eligibles by the JLMC.
25    These persons shall take rank upon the register as
26candidates in the order of their relative excellence based on

 

 

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1the highest to the lowest total points scored on the mental
2aptitude and physical ability components, plus any applicable
3preference points requested and verified by the JLMC, or
4approved testing agency.
5    No more than 60 days after each examination, a revised
6master register of eligibles shall be posted by the JLMC
7showing the final grades of the candidates without reference to
8priority of time of examination.
9    (h) Preferences. The board shall give military, education,
10and experience preference points to those who qualify for
11placement on the master register of eligibles, on the same
12basis as provided for examinations administered by a local
13commission.
14    No person entitled to preference or credit shall be
15required to claim the credit before any examination held under
16the provisions of this Section. The preference shall be given
17after the posting or publication of the applicant's initial
18score at the request of the person before finalizing the scores
19from all applicants taking part in a JLMC examination.
20Candidates who are eligible for preference credit shall make a
21claim in writing within 10 days after the posting of the
22initial scores from any JLMC test or the claim shall be deemed
23waived. Once preference points are awarded, the candidates
24shall be certified to the master register in accordance with
25their final score including preference points.
26    (i) Firefighter apprentice and firefighter-paramedic

 

 

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

 

 

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

 

 

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1Joint Apprenticeship Committee members shall have the amount of
2experience and the type of qualifications as is reasonable
3given the circumstances of the fire department. In the absence
4of a full-time member in a rank between chief and the highest
5rank in a bargaining unit, the Joint Apprenticeship Committee
6shall be reduced to 2 members, one to be appointed by the chief
7and one by the union president, if any. If there is no
8exclusive bargaining representative, the chief shall appoint
9the second member of the Joint Apprenticeship Committee from
10among qualified members in the ranks of company officer and
11below. Before the conclusion of the apprenticeship period, the
12Joint Apprenticeship Committee shall meet to consider the
13apprentice's progress and performance and vote to retain the
14apprentice as a member of the fire department or to terminate
15the apprenticeship. If 3 of the 4 members of the Joint
16Apprenticeship Committee affirmatively vote to retain the
17apprentice (if a 2 member Joint Apprenticeship Committee
18exists, then both members must affirmatively vote to retain the
19apprentice), the local commission shall issue the apprentice a
20certificate of original appointment to the fire department.
21    (k) A person who knowingly divulges or receives test
22questions or answers before a written examination, or otherwise
23knowingly violates or subverts any requirement of this Section,
24commits a violation of this Section and may be subject to
25charges for official misconduct.
26    A person who is the knowing recipient of test information

 

 

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1in advance of the examination shall be disqualified from the
2examination or discharged from the position to which he or she
3was appointed, as applicable, and otherwise subjected to
4disciplinary actions.
5(Source: P.A. 97-251, eff. 8-4-11.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.