Full Text of HB1500 94th General Assembly
HB1500ham001 94TH GENERAL ASSEMBLY
|
Local Government Committee
Filed: 3/2/2005
|
|
09400HB1500ham001 |
|
LRB094 07108 AJO 42167 a |
|
| 1 |
| AMENDMENT TO HOUSE BILL 1500
| 2 |
| AMENDMENT NO. ______. Amend House Bill 1500 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 10-1-7 and 10-2.1-4 as follows:
| 6 |
| (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
| 7 |
| Sec. 10-1-7. Examination of applicants; disqualifications.
| 8 |
| (a) All applicants for offices or places in the classified | 9 |
| service, except
those mentioned in Section 10-1-17, are subject | 10 |
| to examination. The
examination shall be public, competitive, | 11 |
| and open to all citizens of the
United States, with specified | 12 |
| limitations as to residence, age, health, habits
and moral | 13 |
| character.
| 14 |
| (b) Residency requirements in effect at the time an | 15 |
| individual enters the
fire or police service of a municipality | 16 |
| (other than a municipality that
has more than 1,000,000 | 17 |
| inhabitants) cannot be made more restrictive
for that | 18 |
| individual during his or her period of service for that | 19 |
| municipality,
or be made a condition of promotion, except for | 20 |
| the rank or position of Fire or
Police Chief.
| 21 |
| (c) No person with a record of misdemeanor convictions | 22 |
| except
those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 23 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 24 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, |
|
|
|
09400HB1500ham001 |
- 2 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and
(8) of Section | 2 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but
| 3 |
| not convicted on that cause shall be disqualified from taking | 4 |
| the examination
on grounds of habits or moral character, unless | 5 |
| the person is attempting to
qualify for a position on the | 6 |
| police department, in which case the conviction
or arrest may | 7 |
| be considered as a factor in determining the person's habits or
| 8 |
| moral character.
| 9 |
| (d) Persons entitled to military preference under Section | 10 |
| 10-1-16
shall not be subject to limitations specifying age | 11 |
| unless they are
applicants for a position as a fireman or a | 12 |
| policeman having no previous
employment status as a fireman or | 13 |
| policeman in the regularly constituted
fire or police | 14 |
| department of the municipality, in which case they must not
| 15 |
| have attained their 35th birthday, except any person who has | 16 |
| served as an
auxiliary policeman under Section 3.1-30-20 for at | 17 |
| least 5 years and is
under 40 years of age.
| 18 |
| (e) All employees of a municipality of less than 500,000 | 19 |
| population (except
those who would be excluded from the | 20 |
| classified service as provided in this
Division 1) who are | 21 |
| holding that employment as of the date a municipality
adopts | 22 |
| this Division 1, or as of July 17, 1959, whichever date is the | 23 |
| later,
and who have held that employment for at least 2 years | 24 |
| immediately before that
later date, and all firemen and | 25 |
| policemen regardless of length of service who
were either | 26 |
| appointed to their respective positions by the board of fire | 27 |
| and
police commissioners under the provisions of Division 2 of | 28 |
| this Article or who
are serving in a position (except as a | 29 |
| temporary employee) in the fire or
police department in the | 30 |
| municipality on the date a municipality adopts
this Division 1, | 31 |
| or as of July 17, 1959, whichever date is the later, shall
| 32 |
| become members of the classified civil service of the | 33 |
| municipality
without examination.
| 34 |
| (f) The examinations shall be practical in their character, |
|
|
|
09400HB1500ham001 |
- 3 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| and shall
relate to those matters that will fairly test the | 2 |
| relative capacity of the
persons examined to discharge the | 3 |
| duties of the positions to which they
seek to be appointed. The | 4 |
| examinations shall include tests of physical
qualifications, | 5 |
| health, and (when appropriate) manual skill. If an applicant
is | 6 |
| unable to pass the physical examination solely as the result of | 7 |
| an injury
received by the applicant as the result of the | 8 |
| performance of an act of duty
while working as a temporary | 9 |
| employee in the position for which he or she is
being examined, | 10 |
| however, the physical examination shall be waived and the
| 11 |
| applicant shall be considered to have passed the examination. | 12 |
| No questions in
any examination shall relate to political or | 13 |
| religious opinions or
affiliations. Results of examinations | 14 |
| and the eligible registers prepared from
the results shall be | 15 |
| published by the commission within 60 days after any
| 16 |
| examinations are held.
| 17 |
| (g) The commission shall control all examinations, and may, | 18 |
| whenever an
examination is to take place, designate a suitable | 19 |
| number of persons,
either in or not in the official service of | 20 |
| the municipality, to be
examiners. The examiners shall conduct | 21 |
| the examinations as directed by the
commission and shall make a | 22 |
| return or report of the examinations to the
commission. If the | 23 |
| appointed examiners are in the official service of the
| 24 |
| municipality, the examiners shall not receive extra | 25 |
| compensation for conducting
the examinations. The commission | 26 |
| may at any time substitute any other person,
whether or not in | 27 |
| the service of the municipality, in the place of any one
| 28 |
| selected as an examiner. The commission members may themselves | 29 |
| at any time act
as examiners without appointing examiners. The | 30 |
| examiners at any examination
shall not all be members of the | 31 |
| same political party.
| 32 |
| (h) In municipalities of 500,000 or more population, no | 33 |
| person who has
attained his or her 35th birthday shall be | 34 |
| eligible to take an examination for
a position as a fireman or |
|
|
|
09400HB1500ham001 |
- 4 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| a policeman unless the person has had previous
employment | 2 |
| status as a policeman or fireman in the regularly constituted | 3 |
| police
or fire department of the municipality, except as | 4 |
| provided in this Section.
| 5 |
| (i) In municipalities of more than 5,000 but not more than | 6 |
| 200,000
inhabitants, no person who has attained his or her 35th | 7 |
| birthday shall be
eligible to take an examination for a | 8 |
| position as a fireman or a policeman
unless the person has had | 9 |
| previous employment status as a policeman or fireman
in the | 10 |
| regularly constituted police or fire department of the | 11 |
| municipality,
except as provided in this Section.
| 12 |
| (j) In all municipalities, applicants who are 20 years of | 13 |
| age and who have
successfully completed 2 years of law | 14 |
| enforcement studies at an accredited
college or university may | 15 |
| be considered for appointment to active duty with
the police | 16 |
| department. An applicant described in this subsection (j) who | 17 |
| is
appointed to active duty shall not have power of arrest, nor | 18 |
| shall the
applicant be permitted to carry firearms, until he or | 19 |
| she reaches 21 years of
age.
| 20 |
| (k) In municipalities of more than 500,000 population, | 21 |
| applications for
examination for and appointment to positions | 22 |
| as firefighters or police
shall be made available at various | 23 |
| branches of the public library of the
municipality.
| 24 |
| (l) No municipality having a population less than 1,000,000 | 25 |
| shall require
that any fireman appointed to the lowest rank | 26 |
| serve a probationary employment
period of longer than one year. | 27 |
| The limitation on periods of probationary
employment provided | 28 |
| in this amendatory Act of 1989 is an exclusive power and
| 29 |
| function of the State. Pursuant to subsection (h) of Section 6 | 30 |
| of Article VII
of the Illinois Constitution, a home rule | 31 |
| municipality having a population less
than 1,000,000 must | 32 |
| comply with this limitation on periods of probationary
| 33 |
| employment, which is a denial and limitation of home rule | 34 |
| powers.
Notwithstanding anything to the contrary in this |
|
|
|
09400HB1500ham001 |
- 5 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| Section, the probationary
employment period limitation may be | 2 |
| extended for a firefighter who is required, as a condition of | 3 |
| employment, to be a certified paramedic, during which time the | 4 |
| sole reason that a firefighter may be discharged without a | 5 |
| hearing is for failing to meet the requirements for paramedic | 6 |
| certification
shall not apply to a fireman whose position also
| 7 |
| includes paramedic responsibilities .
| 8 |
| (Source: P.A. 86-990; 87-1119.)
| 9 |
| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 10 |
| Sec. 10-2.1-4. Fire and police departments; Appointment of
| 11 |
| members; Certificates of appointments.
| 12 |
| The board of fire and police commissioners shall appoint | 13 |
| all officers
and members of the fire and police departments of | 14 |
| the municipality,
including the chief of police and the chief | 15 |
| of the fire department,
unless the council or board of trustees | 16 |
| shall by ordinance as to them
otherwise provide; except as | 17 |
| otherwise provided in this Section, and
except that in any | 18 |
| municipality which adopts or has
adopted this Division 2.1 and | 19 |
| also adopts or has adopted Article 5 of
this Code, the chief of | 20 |
| police and the chief of the fire department
shall be appointed | 21 |
| by the municipal manager, if it is provided by
ordinance in | 22 |
| such municipality that such chiefs, or either of them,
shall | 23 |
| not be appointed by the board of fire and police commissioners.
| 24 |
| If the chief of the fire department or the chief of the | 25 |
| police department
or both of them are appointed in the manner | 26 |
| provided by ordinance, they
may be removed or discharged by the | 27 |
| appointing authority. In such case
the appointing authority | 28 |
| shall file with the corporate authorities the reasons
for such | 29 |
| removal or discharge, which removal or discharge shall not | 30 |
| become
effective unless confirmed by a majority vote of the | 31 |
| corporate authorities.
| 32 |
| If a member of the department is appointed chief of police | 33 |
| or chief
of the fire department prior to being eligible to |
|
|
|
09400HB1500ham001 |
- 6 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| retire on pension, he
shall be considered as on furlough from | 2 |
| the rank he held immediately
prior to his appointment as chief. | 3 |
| If he resigns as chief or is
discharged as chief prior to | 4 |
| attaining eligibility to retire on pension,
he shall revert to | 5 |
| and be established in whatever rank he currently holds,
except | 6 |
| for previously appointed positions, and thereafter
be entitled | 7 |
| to all the benefits and emoluments of that rank,
without regard | 8 |
| as to whether a vacancy then exists in that rank.
| 9 |
| All appointments to each department other than that of the | 10 |
| lowest
rank, however, shall be from the rank next below that to | 11 |
| which the
appointment is made except as otherwise provided in | 12 |
| this Section, and
except that the chief of police and the chief | 13 |
| of the
fire department may be appointed from among members of | 14 |
| the police and
fire departments, respectively, regardless of | 15 |
| rank, unless the council
or board of trustees shall have by | 16 |
| ordinance as to them otherwise provided.
A chief of police or | 17 |
| the chief of the fire department, having been appointed
from | 18 |
| among members
of the police or fire department, respectively, | 19 |
| shall be permitted, regardless
of rank, to
take promotional
| 20 |
| exams and be promoted to a higher classified rank than he | 21 |
| currently holds,
without having to
resign as chief of police or | 22 |
| chief of the fire department.
| 23 |
| The sole authority to issue certificates of appointment | 24 |
| shall be
vested in the Board of Fire and Police Commissioners | 25 |
| and all
certificates of appointments issued to any officer or | 26 |
| member of the fire
or police department of a municipality shall | 27 |
| be signed by the chairman
and secretary respectively of the | 28 |
| board of fire and police commissioners
of such municipality, | 29 |
| upon appointment of such officer or member of the
fire and | 30 |
| police department of such municipality by action of the board
| 31 |
| of fire and police commissioners.
| 32 |
| The term "policemen" as used in this Division does not | 33 |
| include
auxiliary policemen except as provided for in Section | 34 |
| 10-2.1-6.
|
|
|
|
09400HB1500ham001 |
- 7 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| Any full time member of a regular fire or police department | 2 |
| of any
municipality which comes under the provisions of this | 3 |
| Division or adopts
this Division 2.1 or which has adopted any | 4 |
| of the prior Acts pertaining to
fire and police commissioners, | 5 |
| is a city officer.
| 6 |
| Notwithstanding any other provision of this Section, the | 7 |
| Chief of
Police of a department in a non-homerule municipality | 8 |
| of more than 130,000
inhabitants may, without the advice or | 9 |
| consent of the Board of
Fire and Police Commissioners, appoint | 10 |
| up to 6 officers who shall be known
as deputy chiefs or | 11 |
| assistant deputy chiefs, and whose rank shall be
immediately | 12 |
| below that of Chief. The deputy or assistant deputy chiefs may
| 13 |
| be appointed from any rank of sworn officers of that | 14 |
| municipality, but no
person who is not such a sworn officer may | 15 |
| be so appointed. Such deputy
chief or assistant deputy chief | 16 |
| shall have the authority to direct and
issue orders to all | 17 |
| employees of the Department holding the rank of captain
or any | 18 |
| lower rank.
A deputy chief of police or assistant deputy chief | 19 |
| of police, having been
appointed from any rank
of sworn | 20 |
| officers of that municipality, shall be permitted, regardless | 21 |
| of rank,
to take promotional
exams and be promoted to a higher | 22 |
| classified rank than he currently holds,
without having to
| 23 |
| resign as deputy chief of police or assistant deputy chief of | 24 |
| police.
| 25 |
| Notwithstanding any other provision of this Section, a | 26 |
| non-homerule
municipality of 130,000 or fewer inhabitants, | 27 |
| through its council or board
of trustees, may, by ordinance, | 28 |
| provide for a position of deputy chief to be
appointed by the | 29 |
| chief of the police department. The ordinance shall provide
for | 30 |
| no more than one deputy chief position if the police department | 31 |
| has fewer
than 25 full-time police officers and for no more | 32 |
| than 2 deputy chief positions
if the police department has 25 | 33 |
| or more full-time police officers. The deputy
chief position
| 34 |
| shall be an exempt rank immediately below that of Chief. The |
|
|
|
09400HB1500ham001 |
- 8 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| deputy chief may
be appointed from any rank of sworn, full-time | 2 |
| officers of the municipality's
police department, but must have | 3 |
| at least 5 years of full-time service as a
police officer in | 4 |
| that department. A deputy chief shall serve at the
discretion | 5 |
| of the Chief and, if removed from the position,
shall revert to | 6 |
| the rank currently held, without regard as to whether a
vacancy | 7 |
| exists in
that rank. A deputy chief
of police, having been | 8 |
| appointed from any rank of sworn full-time officers of
that | 9 |
| municipality's
police department, shall be permitted, | 10 |
| regardless of rank, to take promotional
exams and be
promoted | 11 |
| to a higher classified rank than he currently holds, without | 12 |
| having to
resign as deputy
chief of police.
| 13 |
| No municipality having a population less than 1,000,000 | 14 |
| shall require
that any firefighter
fireman appointed to the | 15 |
| lowest
rank serve a probationary employment period of longer | 16 |
| than one year. The
limitation on periods of probationary | 17 |
| employment provided in this
amendatory Act of 1989 is an | 18 |
| exclusive power and function of the State.
Pursuant to | 19 |
| subsection (h) of Section 6 of Article VII of the Illinois
| 20 |
| Constitution, a home rule municipality having a population less | 21 |
| than 1,000,000
must comply with this limitation on periods of | 22 |
| probationary employment, which
is a denial and limitation of | 23 |
| home rule powers. Notwithstanding anything to
the contrary in | 24 |
| this Section, the probationary employment period limitation
| 25 |
| may be extended for a firefighter who is required, as a | 26 |
| condition of employment, to be a certified paramedic, during | 27 |
| which time the sole reason that a firefighter may be discharged | 28 |
| without a hearing is for failing to meet the requirements for | 29 |
| paramedic certification
shall not apply to a fireman whose | 30 |
| position also includes paramedic
responsibilities .
| 31 |
| (Source: P.A. 93-486, eff. 8-8-03.)
| 32 |
| Section 10. The Fire Protection District Act is amended by | 33 |
| changing Section 16.13b as follows:
|
|
|
|
09400HB1500ham001 |
- 9 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| (70 ILCS 705/16.13b) (from Ch. 127 1/2, par. 37.13b)
| 2 |
| Sec. 16.13b. Unless the employer and a labor organization | 3 |
| have agreed
to a contract provision providing for final and | 4 |
| binding arbitration of
disputes concerning the existence of | 5 |
| just cause for disciplinary action,
no officer or member of the | 6 |
| fire department of any protection district who
has held that | 7 |
| position for one year shall be removed or discharged
except for | 8 |
| just cause, upon written charges specifying the
complainant and | 9 |
| the basis for the charges, and after a hearing on those
charges | 10 |
| before the board of fire commissioners, affording the officer | 11 |
| or
member an opportunity to be heard in his own defense. In | 12 |
| such case the
appointing authority shall file with the board of | 13 |
| trustees the reasons for
such removal or discharge, which | 14 |
| removal or discharge shall not become
effective unless | 15 |
| confirmed by a majority vote of the board of trustees.
If | 16 |
| written charges are brought against an officer or member,
the | 17 |
| board of fire commissioners shall conduct a fair and impartial | 18 |
| hearing
of the charges, to be commenced within 30 days of the | 19 |
| filing thereof, which
hearing may be continued from time to | 20 |
| time. The Chief of the department
shall bear the burden of | 21 |
| proving the guilt of the officer or member by a
preponderance | 22 |
| of the evidence. In case an officer or member is found
guilty, | 23 |
| the board may discharge him, or may suspend him not exceeding | 24 |
| 30
calendar days without pay. The board may suspend any officer | 25 |
| or member
pending the hearing with or without pay, but in no | 26 |
| event shall the
suspension pending hearing and the ultimate | 27 |
| suspension imposed on the
officer or member, if any, exceed 30 | 28 |
| calendar days without pay in the
aggregate. If the board of | 29 |
| fire commissioners determines that the charges
are not | 30 |
| sustained, the officer or member shall be reimbursed for all | 31 |
| wages
withheld or lost, if any. In the conduct of this hearing, | 32 |
| each member of
the board shall have power to secure by its | 33 |
| subpoena both the attendance
and testimony of witnesses and the |
|
|
|
09400HB1500ham001 |
- 10 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| production of books and papers relevant
to the hearing.
| 2 |
| Notwithstanding any other provision of this Section, a | 3 |
| probationary employment period may be extended beyond one year | 4 |
| for a firefighter who is required as a condition of employment | 5 |
| to be a certified paramedic, during which time the sole reason | 6 |
| that a firefighter may be discharged without a hearing is for | 7 |
| failing to meet the requirements for paramedic certification.
| 8 |
| The age for mandatory retirement of firemen in the service | 9 |
| of any
department of such district is 65 years, unless the | 10 |
| board of trustees shall
by ordinance provide for an earlier | 11 |
| mandatory retirement age of not less
than 60 years.
| 12 |
| The provisions of the Administrative Review Law, and all | 13 |
| amendments and
modifications thereof, and the rules adopted | 14 |
| pursuant thereto, shall apply
to and govern all proceedings for | 15 |
| the judicial review of final
administrative decisions of the | 16 |
| board of fire commissioners hereunder. The
term | 17 |
| "administrative decision" is defined as in Section 3-101 of the | 18 |
| Code
of Civil Procedure.
| 19 |
| Nothing in this Section shall be construed to prevent the | 20 |
| Chief of the
fire department from suspending without pay a | 21 |
| member of his department for
a period of not more than 5 | 22 |
| consecutive calendar days, but he shall
notify the board in | 23 |
| writing of such suspension. Any fireman so suspended
may appeal | 24 |
| to the board of fire commissioners for a review of the
| 25 |
| suspension within 5 calendar days after such suspension. Upon | 26 |
| such appeal,
the Chief of the department shall bear the burden | 27 |
| of proof in establishing
the guilt of the officer or member by | 28 |
| a preponderance of the evidence. The
board may sustain the | 29 |
| action of the Chief of the department, may reduce the
| 30 |
| suspension to a lesser penalty, or may reverse it with | 31 |
| instructions that
the officer or member receive his pay and | 32 |
| other benefits withheld for the
period involved, or may suspend | 33 |
| the officer for an additional period of not
more than 30 days, | 34 |
| or discharge him, depending upon the facts presented.
|
|
|
|
09400HB1500ham001 |
- 11 - |
LRB094 07108 AJO 42167 a |
|
| 1 |
| (Source: P.A. 86-562.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.".
|
|