Full Text of HB1500 94th General Assembly
HB1500 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1500
Introduced 02/10/05, by Rep. Donald L. Moffitt SYNOPSIS AS INTRODUCED: |
|
65 ILCS 5/10-2.1-4 |
from Ch. 24, par. 10-2.1-4 |
|
Amends the Illinois Municipal Code. Provides that in a municipality having a population less than 1,000,000, a firefighter who is required to be a paramedic as a condition of employment may be placed on an additional 18-month probationary period. Provides that during the additional period, the firefighter may be discharged without a hearing solely for failure to pass the paramedic examination. Makes other changes. Effective immediately.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB1500 |
|
LRB094 07108 AJO 37253 b |
|
| 1 |
| AN ACT concerning local government.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Section 10-2.1-4 as follows:
| 6 |
| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 7 |
| Sec. 10-2.1-4. Fire and police departments; Appointment of
| 8 |
| members; Certificates of appointments.
| 9 |
| The board of fire and police commissioners shall appoint | 10 |
| all officers
and members of the fire and police departments of | 11 |
| the municipality,
including the chief of police and the chief | 12 |
| of the fire department,
unless the council or board of trustees | 13 |
| shall by ordinance as to them
otherwise provide; except as | 14 |
| otherwise provided in this Section, and
except that in any | 15 |
| municipality which adopts or has
adopted this Division 2.1 and | 16 |
| also adopts or has adopted Article 5 of
this Code, the chief of | 17 |
| police and the chief of the fire department
shall be appointed | 18 |
| by the municipal manager, if it is provided by
ordinance in | 19 |
| such municipality that such chiefs, or either of them,
shall | 20 |
| not be appointed by the board of fire and police commissioners.
| 21 |
| If the chief of the fire department or the chief of the | 22 |
| police department
or both of them are appointed in the manner | 23 |
| provided by ordinance, they
may be removed or discharged by the | 24 |
| appointing authority. In such case
the appointing authority | 25 |
| shall file with the corporate authorities the reasons
for such | 26 |
| removal or discharge, which removal or discharge shall not | 27 |
| become
effective unless confirmed by a majority vote of the | 28 |
| corporate authorities.
| 29 |
| If a member of the department is appointed chief of police | 30 |
| or chief
of the fire department prior to being eligible to | 31 |
| retire on pension, he
shall be considered as on furlough from | 32 |
| the rank he held immediately
prior to his appointment as chief. |
|
|
|
HB1500 |
- 2 - |
LRB094 07108 AJO 37253 b |
|
| 1 |
| If he resigns as chief or is
discharged as chief prior to | 2 |
| attaining eligibility to retire on pension,
he shall revert to | 3 |
| and be established in whatever rank he currently holds,
except | 4 |
| for previously appointed positions, and thereafter
be entitled | 5 |
| to all the benefits and emoluments of that rank,
without regard | 6 |
| as to whether a vacancy then exists in that rank.
| 7 |
| All appointments to each department other than that of the | 8 |
| lowest
rank, however, shall be from the rank next below that to | 9 |
| which the
appointment is made except as otherwise provided in | 10 |
| this Section, and
except that the chief of police and the chief | 11 |
| of the
fire department may be appointed from among members of | 12 |
| the police and
fire departments, respectively, regardless of | 13 |
| rank, unless the council
or board of trustees shall have by | 14 |
| ordinance as to them otherwise provided.
A chief of police or | 15 |
| the chief of the fire department, having been appointed
from | 16 |
| among members
of the police or fire department, respectively, | 17 |
| shall be permitted, regardless
of rank, to
take promotional
| 18 |
| exams and be promoted to a higher classified rank than he | 19 |
| currently holds,
without having to
resign as chief of police or | 20 |
| chief of the fire department.
| 21 |
| The sole authority to issue certificates of appointment | 22 |
| shall be
vested in the Board of Fire and Police Commissioners | 23 |
| and all
certificates of appointments issued to any officer or | 24 |
| member of the fire
or police department of a municipality shall | 25 |
| be signed by the chairman
and secretary respectively of the | 26 |
| board of fire and police commissioners
of such municipality, | 27 |
| upon appointment of such officer or member of the
fire and | 28 |
| police department of such municipality by action of the board
| 29 |
| of fire and police commissioners.
| 30 |
| The term "policemen" as used in this Division does not | 31 |
| include
auxiliary policemen except as provided for in Section | 32 |
| 10-2.1-6.
| 33 |
| Any full time member of a regular fire or police department | 34 |
| of any
municipality which comes under the provisions of this | 35 |
| Division or adopts
this Division 2.1 or which has adopted any | 36 |
| of the prior Acts pertaining to
fire and police commissioners, |
|
|
|
HB1500 |
- 3 - |
LRB094 07108 AJO 37253 b |
|
| 1 |
| is a city officer.
| 2 |
| Notwithstanding any other provision of this Section, the | 3 |
| Chief of
Police of a department in a non-homerule municipality | 4 |
| of more than 130,000
inhabitants may, without the advice or | 5 |
| consent of the Board of
Fire and Police Commissioners, appoint | 6 |
| up to 6 officers who shall be known
as deputy chiefs or | 7 |
| assistant deputy chiefs, and whose rank shall be
immediately | 8 |
| below that of Chief. The deputy or assistant deputy chiefs may
| 9 |
| be appointed from any rank of sworn officers of that | 10 |
| municipality, but no
person who is not such a sworn officer may | 11 |
| be so appointed. Such deputy
chief or assistant deputy chief | 12 |
| shall have the authority to direct and
issue orders to all | 13 |
| employees of the Department holding the rank of captain
or any | 14 |
| lower rank.
A deputy chief of police or assistant deputy chief | 15 |
| of police, having been
appointed from any rank
of sworn | 16 |
| officers of that municipality, shall be permitted, regardless | 17 |
| of rank,
to take promotional
exams and be promoted to a higher | 18 |
| classified rank than he currently holds,
without having to
| 19 |
| resign as deputy chief of police or assistant deputy chief of | 20 |
| police.
| 21 |
| Notwithstanding any other provision of this Section, a | 22 |
| non-homerule
municipality of 130,000 or fewer inhabitants, | 23 |
| through its council or board
of trustees, may, by ordinance, | 24 |
| provide for a position of deputy chief to be
appointed by the | 25 |
| chief of the police department. The ordinance shall provide
for | 26 |
| no more than one deputy chief position if the police department | 27 |
| has fewer
than 25 full-time police officers and for no more | 28 |
| than 2 deputy chief positions
if the police department has 25 | 29 |
| or more full-time police officers. The deputy
chief position
| 30 |
| shall be an exempt rank immediately below that of Chief. The | 31 |
| deputy chief may
be appointed from any rank of sworn, full-time | 32 |
| officers of the municipality's
police department, but must have | 33 |
| at least 5 years of full-time service as a
police officer in | 34 |
| that department. A deputy chief shall serve at the
discretion | 35 |
| of the Chief and, if removed from the position,
shall revert to | 36 |
| the rank currently held, without regard as to whether a
vacancy |
|
|
|
HB1500 |
- 4 - |
LRB094 07108 AJO 37253 b |
|
| 1 |
| exists in
that rank. A deputy chief
of police, having been | 2 |
| appointed from any rank of sworn full-time officers of
that | 3 |
| municipality's
police department, shall be permitted, | 4 |
| regardless of rank, to take promotional
exams and be
promoted | 5 |
| to a higher classified rank than he currently holds, without | 6 |
| having to
resign as deputy
chief of police.
| 7 |
| No municipality having a population less than 1,000,000 | 8 |
| shall require
that any firefighter
fireman appointed to the | 9 |
| lowest
rank serve a probationary employment period of longer | 10 |
| than one year. The
limitation on periods of probationary | 11 |
| employment provided in this
amendatory Act of 1989 is an | 12 |
| exclusive power and function of the State.
Pursuant to | 13 |
| subsection (h) of Section 6 of Article VII of the Illinois
| 14 |
| Constitution, a home rule municipality having a population less | 15 |
| than 1,000,000
must comply with this limitation on periods of | 16 |
| probationary employment, which
is a denial and limitation of | 17 |
| home rule powers. Notwithstanding anything to
the contrary in | 18 |
| this Section, the probationary employment period limitation
| 19 |
| may be extended for an additional 18 months for a firefighter | 20 |
| who is required as a condition of employment to be a certified | 21 |
| paramedic, during which time the firefighter may be discharged | 22 |
| without a hearing for the sole reason of failing an examination | 23 |
| required for paramedic certification
shall not apply to a | 24 |
| fireman whose position also includes paramedic
| 25 |
| responsibilities .
| 26 |
| (Source: P.A. 93-486, eff. 8-8-03.)
| 27 |
| Section 99. Effective date. This Act takes effect upon | 28 |
| becoming law.
|
|