Illinois General Assembly - Full Text of HB0988
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Full Text of HB0988  93rd General Assembly

HB0988sam001 93rd General Assembly


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                                     LRB093 05742 NHT 16246 a

 1                     AMENDMENT TO HOUSE BILL 988

 2        AMENDMENT NO.     .  Amend House Bill  988  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  1.   Short title.  This Act may be cited as the
 5    Fire Department Promotion Act.

 6        Section 5. Definitions. In this Act:
 7        "Affected department" or "department" means  a  full-time
 8    municipal  fire  department  that  is subject to a collective
 9    bargaining agreement or the fire  department  operated  by  a
10    full-time  fire protection district. The terms do not include
11    fire departments operated by the State, a  university,  or  a
12    municipality  with a population over 1,000,000 or any unit of
13    local government other than a municipality or fire protection
14    district. The terms also do not include a combined department
15    that was providing both police and firefighting  services  on
16    January 1, 2002.
17        "Appointing authority" means the Board of Fire and Police
18    Commissioners,  Board  of  Fire  Commissioners, Civil Service
19    Commissioners,  Superintendent  or  Department   Head,   Fire
20    Protection District Board of Trustees, or other entity having
21    the  authority  to  administer  and  grant  promotions  in an
22    affected department.
 
                            -2-      LRB093 05742 NHT 16246 a
 1        "Promotion" means any appointment  or  advancement  to  a
 2    rank   within  the  affected  department  (1)  for  which  an
 3    examination was required before January 1, 2002; (2) that  is
 4    included  within  a  bargaining unit; or (3) that is the next
 5    rank immediately above the highest  rank  included  within  a
 6    bargaining  unit,  provided  such  rank  is not the only rank
 7    between the Fire Chief and the highest rank  included  within
 8    the  bargaining  unit,  or is a rank otherwise excepted under
 9    item (i), (ii), (iii),  (iv),  or  (v)  of  this  definition.
10    "Promotion"  does  not  include appointments (i) that are for
11    fewer than 180 days; (ii) to the positions of Superintendent,
12    Chief,  or  other  chief  executive  officer;  (iii)  to   an
13    exclusively  administrative  or  executive  rank for which an
14    examination is not required; (iv) to a rank that was exempted
15    by a  home  rule  municipality  prior  to  January  1,  2002,
16    provided  that  after  the effective date of this Act no home
17    rule municipality may exempt any  future  or  existing  ranks
18    from  the provisions of this Act; or (v) to an administrative
19    rank immediately below the Superintendent,  Chief,  or  other
20    chief  executive  officer of an affected department, provided
21    such rank shall not be held by more than 2 persons and  there
22    is  a promoted rank immediately below it. Notwithstanding the
23    exceptions to the definition  of  "promotion"  set  forth  in
24    items  (i),  (ii),  (iii),  (iv), and (v) of this definition,
25    promotions shall include any appointments to ranks covered by
26    the terms of a collective bargaining agreement in  effect  on
27    the effective date of this Act.
28        "Preliminary  promotion  list"  means  the  rank order of
29    eligible candidates established in accordance with subsection
30    (b) of  Section 20 prior to applicable  veteran's  preference
31    points.   A  person  on the preliminary promotion list who is
32    eligible  for  veteran's  preference  under  the   laws   and
33    agreements  applicable to the appointing authority may file a
34    written application for that preference within 10 days  after
 
                            -3-      LRB093 05742 NHT 16246 a
 1    the  initial  posting  of the preliminary promotion list. The
 2    preference shall be calculated in accordance with Section  55
 3    and  applied as an addition to the person's total point score
 4    on the examination.   The  appointing  authority  shall  make
 5    adjustments  to  the  preliminary promotion list based on any
 6    veteran's preference claimed and the final adjusted promotion
 7    list shall then be posted by the appointing authority.
 8        "Rank" means any position within the chain of command  of
 9    a  fire  department to which employees are regularly assigned
10    to perform duties related to providing fire suppression, fire
11    prevention, or emergency services.
12        "Final adjusted promotion list" means the promotion  list
13    for  the  position that is in effect on the date the position
14    is created or the vacancy  occurs.   If  there  is  no  final
15    adjusted  promotion  list in effect for that position on that
16    date, or  if  all  persons  on  the  current  final  adjusted
17    promotion  list  for  that position refuse the promotion, the
18    affected department shall  not  make  a  permanent  promotion
19    until  a  new final adjusted promotion list has been prepared
20    in accordance  with  this  Act,  but  may  make  a  temporary
21    appointment to fill the vacancy. Temporary appointments shall
22    not exceed 180 days.
23        Each component of the promotional test shall be scored on
24    a  scale  of  100 points.  The component scores shall then be
25    reduced by the weighting factor assigned to the component  on
26    the  test  and the scores of all components shall be added to
27    produce a total score based on a scale of 100 points.

28        Section 10.  Applicability.
29        (a)  This Act shall apply to all positions in an affected
30    department, except those specifically excluded in  items (i),
31    (ii), (iii), (iv), and (v) of the definition  of  "promotion"
32    in   Section  5  unless  such  positions  are  covered  by  a
33    collective bargaining agreement in  force  on  the  effective
 
                            -4-      LRB093 05742 NHT 16246 a
 1    date of this Act.  Existing promotion lists shall continue to
 2    be  valid until their expiration dates, or up to a maximum of
 3    3 years after the effective date of this Act.
 4        (b)  Notwithstanding any  statute,  ordinance,  rule,  or
 5    other  laws  to  the  contrary, all promotions in an affected
 6    department to which this Act applies shall be administered in
 7    the manner provided  for  in  this  Act.  Provisions  of  the
 8    Illinois  Municipal  Code,  the Fire Protection District Act,
 9    municipal ordinances,  or  rules  adopted  pursuant  to  such
10    authority  and  other laws relating to promotions in affected
11    departments shall continue to apply to the  extent  they  are
12    compatible  with  this  Act,  but  in  the  event of conflict
13    between this Act and any other law, this Act shall control.
14        (c)  A home rule or non-home rule  municipality  may  not
15    administer  its fire department promotion process in a manner
16    that is inconsistent with  this  Act.    This  Section  is  a
17    limitation  under  subsection (i) of Section 6 of Article VII
18    of the Illinois Constitution on the  concurrent  exercise  by
19    home  rule units of the powers and functions exercised by the
20    State.
21        (d)  This Act is intended to serve as a minimum  standard
22    and shall be construed to authorize and not to limit:
23             (1)  An   appointing   authority  from  establishing
24        different  or  supplemental   promotional   criteria   or
25        components,  provided  that  the criteria are job-related
26        and applied uniformly.
27             (2)  The negotiation by an employer and an exclusive
28        bargaining representative of clauses within a  collective
29        bargaining agreement relating to conditions, criteria, or
30        procedures for the promotion of employees who are members
31        of bargaining units.
32             (3)  The negotiation by an employer and an exclusive
33        bargaining   representative   of   provisions   within  a
34        collective bargaining agreement  to  achieve  affirmative
 
                            -5-      LRB093 05742 NHT 16246 a
 1        action   objectives,   provided  that  such  clauses  are
 2        consistent with applicable law.
 3        (e)  Local authorities and  exclusive  bargaining  agents
 4    affected  by  this  Act may agree to waive one or more of its
 5    provisions and bargain on the contents of  those  provisions,
 6    provided that any such waivers shall be considered permissive
 7    subjects of bargaining.

 8        Section 15. Promotion process.
 9        (a)  For the purpose of granting promotion to any rank to
10    which  this  Act applies, the appointing authority shall from
11    time to time, as necessary, administer a promotion process in
12    accordance with this Act.
13        (b)  Eligibility  requirements  to  participate  in   the
14    promotional  process  may include a minimum requirement as to
15    the  length   of   employment,   education,   training,   and
16    certification   in   subjects  and  skills  related  to  fire
17    fighting. After the effective date  of  this  Act,  any  such
18    eligibility requirements shall be published at least one year
19    prior to the date of the beginning of the promotional process
20    and  all members of the affected department shall be given an
21    equal opportunity to meet those eligibility requirements.
22        (c)  All  aspects  of  the  promotion  process  shall  be
23    equally  accessible  to  all  eligible   employees   of   the
24    department.  Every  component  of  the testing and evaluation
25    procedures shall be published to all eligible candidates when
26    the announcement of promotional testing is made.  The  scores
27    for  each  component of the testing and evaluation procedures
28    shall be disclosed to each candidate as soon  as  practicable
29    after the component is completed.
30        (d)  The  appointing  authority  shall provide a separate
31    promotional examination for  each  rank  that  is  filled  by
32    promotion.    All   examinations   for   promotion  shall  be
33    competitive among the members of the next lower rank who meet
 
                            -6-      LRB093 05742 NHT 16246 a
 1    the established eligibility requirements and desire to submit
 2    themselves to  examination.   The  appointing  authority  may
 3    employ   consultants   to  design  and  administer  promotion
 4    examinations or may adopt  any  job-related  examinations  or
 5    study  materials  that  may become available, so long as they
 6    comply with the requirements of this Act.

 7        Section 20. Promotion lists.
 8        (a)  For the purpose of granting a promotion to any  rank
 9    to  which  this  Act  applies, the appointing authority shall
10    from time  to  time,  as  necessary,  prepare  a  preliminary
11    promotion  list  in accordance with this Act. The preliminary
12    promotion list shall be  distributed,  posted,  or  otherwise
13    made  conveniently  available  by the appointing authority to
14    all members of the department.
15        (b)  A person's position  on  the  preliminary  promotion
16    list  shall  be  determined by a combination of factors which
17    may include any of the following:  (i) the person's score  on
18    the   written   examination  for  that  rank,  determined  in
19    accordance with  Section  35;  (ii)  the  person's  seniority
20    within  the department, determined in accordance with Section
21    40; (iii)  the  person's  ascertained  merit,  determined  in
22    accordance  with  Section  45; and (iv) the person's score on
23    the subjective  evaluation,  determined  in  accordance  with
24    Section  50.  Candidates  shall be ranked on the list in rank
25    order based on the highest to the lowest total points  scored
26    on all of the components of the test. Promotional components,
27    as  defined  herein,  shall be determined and administered in
28    accordance with  the  referenced  Section,  unless  otherwise
29    modified  or agreed to as provided by paragraph (1) or (2) of
30    subsection (e) of Section 10.  The use of physical  criteria,
31    including   but  not  limited  to  fitness  testing,  agility
32    testing, and medical evaluations, is specifically barred from
33    the promotion process.
 
                            -7-      LRB093 05742 NHT 16246 a
 1        (c)  A person on the preliminary promotion  list  who  is
 2    eligible  for  a  veteran's  preference  under  the  laws and
 3    agreements applicable to the department may  file  a  written
 4    application  for  that  preference  within  10 days after the
 5    initial posting  of  the  preliminary  promotion  list.   The
 6    preference  shall  be calculated as provided under Section 55
 7    and added to the total score achieved by the candidate on the
 8    test.  The appointing authority shall then  make  adjustments
 9    to  the rank order of the preliminary promotion list based on
10    any  veteran's  preferences  awarded.   The  final   adjusted
11    promotion   list   shall  then  be  distributed,  posted,  or
12    otherwise  made  conveniently  available  by  the  appointing
13    authority to all members of the department.
14        (d)  Whenever a promotional rank is  created  or  becomes
15    vacant  due  to  resignation, discharge, promotion, death, or
16    the granting of a disability or retirement  pension,  or  any
17    other  cause,  the appointing authority shall appoint to that
18    position the person with the highest  ranking  on  the  final
19    promotion  list  for  that  rank,  except that the appointing
20    authority shall have the right to pass over that  person  and
21    appoint  the  next  highest  ranked person on the list if the
22    appointing authority has reason to conclude that the  highest
23    ranking  person  has demonstrated substantial shortcomings in
24    work performance or has engaged in misconduct  affecting  the
25    person's  ability  to perform the duties of the promoted rank
26    since the posting of the  promotion  list.   If  the  highest
27    ranking person is passed over, the appointing authority shall
28    document  its  reasons  for  its  decision to select the next
29    highest ranking person on the list.  Unless the  reasons  for
30    passing  over the highest ranking person are not remedial, no
31    person who is the highest ranking person on the list  at  the
32    time of the vacancy shall be passed over more than once.  Any
33    dispute   as   to  the  selection  of  the  first  or  second
34    highest-ranking person shall  be  subject  to  resolution  in
 
                            -8-      LRB093 05742 NHT 16246 a
 1    accordance  with  any  grievance procedure in effect covering
 2    the employee.
 3        A vacancy shall be deemed to occur in a position  on  the
 4    date  upon  which  the  position is vacated, and on that same
 5    date, a vacancy shall occur in all  ranks  inferior  to  that
 6    rank,  provided that the position or positions continue to be
 7    funded and authorized by  the  corporate  authorities.  If  a
 8    vacated  position  is  not filled due to a lack of funding or
 9    authorization  and  is  subsequently  reinstated,  the  final
10    promotion  list  shall  be  continued  in  effect  until  all
11    positions vacated have been filled or for a period  up  to  5
12    years  beginning  from  the  date  on  which the position was
13    vacated.  In such event,  the  candidate  or  candidates  who
14    would   have   otherwise  been   promoted  when  the  vacancy
15    originally occurred shall be promoted.
16        Any candidate may refuse a promotion once without  losing
17    his  or  her  position  on the final adjusted promotion list.
18    Any candidate who refuses promotion a second  time  shall  be
19    removed from the final adjusted promotion list, provided that
20    such  action  shall not prejudice a person's opportunities to
21    participate in future promotion examinations.
22        (e)  A final adjusted promotion list shall  remain  valid
23    and unaltered for a period of not less than 2 nor more than 3
24    years  after  the  date  of  the initial posting.  Integrated
25    lists are prohibited and when a  list  expires  it  shall  be
26    void,  except  as provided in subsection (d) of this Section.
27    If a promotion list is not in effect,  a successor list shall
28    be prepared and distributed within 180 days after a  vacancy,
29    as defined in subsection (d) of this Section.
30        (f)  This Section 20 does not apply to the initial hiring
31    list.

32        Section 25. Monitoring.
33        (a)  All  aspects  of  the  promotion  process, including
 
                            -9-      LRB093 05742 NHT 16246 a
 1    without limitation the administration, scoring,  and  posting
 2    of   scores   for  the  written  examination  and  subjective
 3    evaluation and the determination and posting of seniority and
 4    ascertained merit scores, shall be subject to monitoring  and
 5    review  in  accordance  with this Section and Sections 30 and
 6    50.
 7        (b)  Two impartial persons who are  not  members  of  the
 8    affected  department shall be selected to act as observers by
 9    the exclusive bargaining agent.  The  appointing  authorities
10    may also select 2 additional impartial observers.
11        (c)  The  observers  monitoring the promotion process are
12    authorized to be present and observe when  any  component  of
13    the  test  is  administered  or  scored.  Except as otherwise
14    agreed to in a collective bargaining agreement, observers may
15    not interfere with the promotion process, but shall  promptly
16    report   any   observed   or   suspected   violation  of  the
17    requirements  of  this  Act  or  an   applicable   collective
18    bargaining  agreement  to  the  appointing  authority and all
19    other affected parties.
20        (d)  The provisions of this Section do not apply  to  the
21    extent  that  they are inconsistent with provisions otherwise
22    agreed to in a collective bargaining agreement.

23        Section 30.  Promotion examination components.  Promotion
24    examinations  that  include  components consisting of written
25    examinations,  seniority  points,   ascertained   merit,   or
26    subjective  evaluations  shall be administered as provided in
27    Sections 35, 40, 45 and 50.  The  weight,  if  any,  that  is
28    given  to  any component included in a test may be set at the
29    discretion of the appointing  authority  provided  that  such
30    weight  shall  be subject to modification by the terms of any
31    collective bargaining agreement in effect  on  the  effective
32    date  of  this  Act or thereafter by negotiations between the
33    employer and an exclusive bargaining representative.  If  the
 
                            -10-     LRB093 05742 NHT 16246 a
 1    appointing  authority  establishes  a  minimum passing score,
 2    such score shall be  announced  prior  to  the  date  of  the
 3    promotion  process  and  it  must  be  an  aggregate  of  all
 4    components  of  the testing process.  All candidates shall be
 5    allowed to participate  in  all  components  of  the  testing
 6    process  irrespective  of  their  score on any one component.
 7    The provisions of this Section do not  apply  to  the  extent
 8    that  they  are inconsistent with provisions otherwise agreed
 9    to in a collective bargaining agreement.

10        Section 35. Written examinations.
11        (a)  The   appointing   authority   may   not   condition
12    eligibility  to  take  the   written   examination   on   the
13    candidate's  score  on  any of the previous components of the
14    examination. The written examination for  a  particular  rank
15    shall  consist  of  matters  relating to the duties regularly
16    performed by persons holding that rank within the department.
17    The examination shall  be  based  only  on  the  contents  of
18    written   materials   that   the   appointing  authority  has
19    identified and made readily available to potential  examinees
20    at  least 90 days before the examination is administered. The
21    test  questions  and  material  must  be  pertinent  to   the
22    particular rank for which the examination is being given. The
23    written   examination   shall   be   administered  after  the
24    determination and posting of the seniority list,  ascertained
25    merit  points,  and subjective evaluation scores. The written
26    examination shall be administered, the test materials opened,
27    and the results scored and tabulated.
28        (b)  Written  examinations  shall  be   graded   at   the
29    examination  site  on  the day of the examination immediately
30    upon completion of the test in front of the observers if such
31    observers are appointed under Section 25,  or  if  the  tests
32    are  graded  offsite  by  a  bona  fide  testing  agency, the
33    observers shall witness the sealing and the shipping  of  the
 
                            -11-     LRB093 05742 NHT 16246 a
 1    tests  for  grading  and the subsequent opening of the scores
 2    upon the return from the testing agency. Every examinee shall
 3    have the right  (i)  to  obtain  his  or  her  score  on  the
 4    examination  on the day of the examination or upon the day of
 5    its  return  from  the  testing  agency  (or  the  appointing
 6    authority shall  require  the  testing  agency  to  mail  the
 7    individual  scores to any address submitted by the candidates
 8    on the day of  the  examination);  and  (ii)  to  review  the
 9    answers  to  the  examination  that  the  examiners  consider
10    correct.  The  appointing authority may hold a review session
11    after the examination for the purpose of  gathering  feedback
12    on the examination from the candidates.
13        (c)  Sample  written  examinations may be examined by the
14    appointing authority and members of the  department,  but  no
15    person   in   the  department  or  the  appointing  authority
16    (including the Chief, Civil Service Commissioners,  Board  of
17    Fire  and  Police Commissioners, Board of Fire Commissioners,
18    or Fire Protection  District  Board  of  Trustees  and  other
19    appointed  or  elected  officials)  may  see  or  examine the
20    specific questions on the actual written  examination  before
21    the  examination is administered.  If a sample examination is
22    used, actual test questions shall not be included.  It  is  a
23    violation of this Act for any member of the department or the
24    appointing  authority  to  obtain or divulge foreknowledge of
25    the  contents  of  the  written  examination  before  it   is
26    administered.
27        (d)  Each  department  shall  maintain  reading and study
28    materials for its current written examination and the reading
29    list for the last 2 written examinations or for a period of 5
30    years, whichever is less,  for each rank and shall make these
31    materials available and accessible at each duty station.
32        (e)  The provisions of this Section do not apply  to  the
33    extent  that  they  are in conflict with provisions otherwise
34    agreed to in a collective bargaining agreement.
 
                            -12-     LRB093 05742 NHT 16246 a
 1        Section 40. Seniority points.
 2        (a)  Seniority points shall be based  only  upon  service
 3    with  the  affected  department and shall be calculated as of
 4    the date of the  written  examination.  The  weight  of  this
 5    component  and  its  computation  shall  be determined by the
 6    appointing  authority  or  through  a  collective  bargaining
 7    agreement.
 8        (b)  A seniority list shall be posted before the  written
 9    examination  is  given  and  before the preliminary promotion
10    list is  compiled.  The  seniority  list  shall  include  the
11    seniority  date,  any  breaks in service, the total number of
12    eligible years, and the number of seniority points.

13        Section 45. Ascertained merit.
14        (a)  The  promotion   test   may   include   points   for
15    ascertained  merit.  Ascertained  merit points may be awarded
16    for education, training, and certification  in  subjects  and
17    skills  related  to the fire service.  The basis for granting
18    ascertained merit points, after the effective  date  of  this
19    Act,  shall  be published at least one year prior to the date
20    ascertained merit points are awarded and all persons eligible
21    to compete for promotion shall be given an equal  opportunity
22    to obtain ascertained merit points unless otherwise agreed to
23    in a collective bargaining agreement.
24        (b)  Total  points awarded for ascertained merit shall be
25    posted before the written  examination  is  administered  and
26    before the promotion list is compiled.

27        Section 50. Subjective evaluation.
28        (a)  A  promotion  test may include subjective evaluation
29    components.  Subjective  evaluations  may  include  an   oral
30    interview,  tactical  evaluation,  performance evaluation, or
31    other  component  based  on  subjective  evaluation  of   the
32    examinee.   The  methods  used for subjective evaluations may
 
                            -13-     LRB093 05742 NHT 16246 a
 1    include using any  employee  assessment  centers,  evaluation
 2    systems, chief's points, or other methods.
 3        (b)  Any  subjective component shall be identified to all
 4    candidates prior to its application,  be job-related, and  be
 5    applied  uniformly  to  all candidates.  Every examinee shall
 6    have the right to documentation of his or her  score  on  the
 7    subjective  component  upon  the completion of the subjective
 8    examination component or its application.
 9        (c)  Where chief's points or other subjective methods are
10    employed that are not amenable to monitoring, monitors  shall
11    not  be  required, but any disputes as to the results of such
12    methods shall be subject to resolution in accordance with any
13    collectively bargained grievance procedure in effect  at  the
14    time of the test.
15        (d)  Where  performance  evaluations  are used as a basis
16    for promotions, they shall be given annually and made readily
17    available to each candidate for review and they shall include
18    any disagreement or documentation the  employee  provides  to
19    refute  or  contest the evaluation.  These annual evaluations
20    are not subject to  grievance  procedures,  unless  used  for
21    points in the promotion process.
22        (e)  Total points awarded for subjective components shall
23    be  posted before the written examination is administered and
24    before the promotion list is compiled.

25        Section  55.  Veterans'  preference.  A   person   on   a
26    preliminary  promotion  list  who  is  eligible for veteran's
27    preference under  any  law  or  agreement  applicable  to  an
28    affected  department  may file a written application for that
29    preference within 10 days after the initial  posting  of  the
30    preliminary  promotion  list.  The veteran's preference shall
31    be calculated as provided in the applicable law and added  to
32    the  applicant's  total  score  on  the preliminary promotion
33    list.  Any  person  who  has  received  a  promotion  from  a
 
                            -14-     LRB093 05742 NHT 16246 a
 1    promotion  list on which his or her position was adjusted for
 2    veteran's preference, under this Act or any other law,  shall
 3    not be eligible for any subsequent veteran's preference under
 4    this Act.

 5        Section 60. Right to review. Any affected person or party
 6    who  believes  that  an  error  has been made with respect to
 7    eligibility  to  take  an  examination,  examination  result,
 8    placement or position  on  a  promotion  list,  or  veteran's
 9    preference shall be entitled to a review of the matter by the
10    appointing authority or as otherwise provided by law.

11        Section 65. Violations.
12        (a)  A  person  who  knowingly  divulges or receives test
13    questions  or  answers  before  a  written  examination,   or
14    otherwise  knowingly  violates or subverts any requirement of
15    this Act commits a   violation of this Act and may be subject
16    to charges for official misconduct.
17        (b)  A person  who  is  the  knowing  recipient  of  test
18    information   in   advance   of   the  examination  shall  be
19    disqualified from the promotion examination or  demoted  from
20    the  rank  to  which  he  was  promoted,  as  applicable  and
21    otherwise subjected to disciplinary actions.

22        Section 900.  The State Mandates Act is amended by adding
23    Section 8.27 as follows:

24        (30 ILCS 805/8.27 new)
25        Sec.  8.27.  Exempt  mandate.  Notwithstanding Sections 6
26    and 8 of this Act, no reimbursement by the State is  required
27    for  the  implementation  of  any  mandate  created  by  this
28    amendatory Act of the 93rd General Assembly.

29        Section  999. Effective date.  This Act takes effect upon
 
                            -15-     LRB093 05742 NHT 16246 a
 1    becoming law.".