Full Text of HB1627 96th General Assembly
HB1627ham001 96TH GENERAL ASSEMBLY
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Rep. Fred Crespo
Filed: 3/27/2009
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| AMENDMENT TO HOUSE BILL 1627
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| AMENDMENT NO. ______. Amend House Bill 1627 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Illinois Municipal Code is amended by | 5 |
| changing Sections 10-1-7 and 10-2.1-4 and by adding Sections | 6 |
| 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and 10-2.1-6.4 as follows:
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| (65 ILCS 5/10-1-7) (from Ch. 24, par. 10-1-7)
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| Sec. 10-1-7. Examination of applicants; disqualifications.
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| (a) All applicants for offices or places in the classified | 10 |
| service, except
those mentioned in Section 10-1-17, are subject | 11 |
| to examination. The
examination shall be public, competitive, | 12 |
| and open to all citizens of the
United States, with specified | 13 |
| limitations as to residence, age, health, habits
and moral | 14 |
| character.
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| (b) Residency requirements in effect at the time an | 16 |
| individual enters the
fire or police service of a municipality |
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| (other than a municipality that
has more than 1,000,000 | 2 |
| inhabitants) cannot be made more restrictive
for that | 3 |
| individual during his or her period of service for that | 4 |
| municipality,
or be made a condition of promotion, except for | 5 |
| the rank or position of Fire or
Police Chief.
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| (c) No person with a record of misdemeanor convictions | 7 |
| except
those under Sections 11-6, 11-7, 11-9, 11-14, 11-15, | 8 |
| 11-17, 11-18, 11-19,
12-2, 12-6, 12-15, 14-4, 16-1, 21.1-3, | 9 |
| 24-3.1, 24-5, 25-1, 28-3, 31-1,
31-4, 31-6, 31-7, 32-1, 32-2, | 10 |
| 32-3, 32-4, 32-8, and subsections (1), (6) and
(8) of Section | 11 |
| 24-1 of the Criminal Code of 1961 or arrested for any cause but
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| not convicted on that cause shall be disqualified from taking | 13 |
| the examination
on grounds of habits or moral character, unless | 14 |
| the person is attempting to
qualify for a position on the | 15 |
| police department, in which case the conviction
or arrest may | 16 |
| be considered as a factor in determining the person's habits or
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| moral character.
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| (d) Persons entitled to military preference under Section | 19 |
| 10-1-16
shall not be subject to limitations specifying age | 20 |
| unless they are
applicants for a position as a fireman or a | 21 |
| policeman having no previous
employment status as a fireman or | 22 |
| policeman in the regularly constituted
fire or police | 23 |
| department of the municipality, in which case they must not
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| have attained their 35th birthday, except any person who has | 25 |
| served as an
auxiliary police officer under Section 3.1-30-20 | 26 |
| for at least 5 years and is
under 40 years of age.
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| (e) All employees of a municipality of less than 500,000 | 2 |
| population (except
those who would be excluded from the | 3 |
| classified service as provided in this
Division 1) who are | 4 |
| holding that employment as of the date a municipality
adopts | 5 |
| this Division 1, or as of July 17, 1959, whichever date is the | 6 |
| later,
and who have held that employment for at least 2 years | 7 |
| immediately before that
later date, and all firemen and | 8 |
| policemen regardless of length of service who
were either | 9 |
| appointed to their respective positions by the board of fire | 10 |
| and
police commissioners under the provisions of Division 2 of | 11 |
| this Article or who
are serving in a position (except as a | 12 |
| temporary employee) in the fire or
police department in the | 13 |
| municipality on the date a municipality adopts
this Division 1, | 14 |
| or as of July 17, 1959, whichever date is the later, shall
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| become members of the classified civil service of the | 16 |
| municipality
without examination.
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| (f) The examinations shall be practical in their character, | 18 |
| and shall
relate to those matters that will fairly test the | 19 |
| relative capacity of the
persons examined to discharge the | 20 |
| duties of the positions to which they
seek to be appointed. The | 21 |
| examinations shall include tests of physical
qualifications, | 22 |
| health, and (when appropriate) manual skill. If an applicant
is | 23 |
| unable to pass the physical examination solely as the result of | 24 |
| an injury
received by the applicant as the result of the | 25 |
| performance of an act of duty
while working as a temporary | 26 |
| employee in the position for which he or she is
being examined, |
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| however, the physical examination shall be waived and the
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| applicant shall be considered to have passed the examination. | 3 |
| No questions in
any examination shall relate to political or | 4 |
| religious opinions or
affiliations. Results of examinations | 5 |
| and the eligible registers prepared from
the results shall be | 6 |
| published by the commission within 60 days after any
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| examinations are held.
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| (g) The commission shall control all examinations, and may, | 9 |
| whenever an
examination is to take place, designate a suitable | 10 |
| number of persons,
either in or not in the official service of | 11 |
| the municipality, to be
examiners. The examiners shall conduct | 12 |
| the examinations as directed by the
commission and shall make a | 13 |
| return or report of the examinations to the
commission. If the | 14 |
| appointed examiners are in the official service of the
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| municipality, the examiners shall not receive extra | 16 |
| compensation for conducting
the examinations. The commission | 17 |
| may at any time substitute any other person,
whether or not in | 18 |
| the service of the municipality, in the place of any one
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| selected as an examiner. The commission members may themselves | 20 |
| at any time act
as examiners without appointing examiners. The | 21 |
| examiners at any examination
shall not all be members of the | 22 |
| same political party.
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| (h) In municipalities of 500,000 or more population, no | 24 |
| person who has
attained his or her 35th birthday shall be | 25 |
| eligible to take an examination for
a position as a fireman or | 26 |
| a policeman unless the person has had previous
employment |
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| status as a policeman or fireman in the regularly constituted | 2 |
| police
or fire department of the municipality, except as | 3 |
| provided in this Section.
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| (i) In municipalities of more than 5,000 but not more than | 5 |
| 200,000
inhabitants, no person who has attained his or her 35th | 6 |
| birthday shall be
eligible to take an examination for a | 7 |
| position as a fireman or a policeman
unless the person has had | 8 |
| previous employment status as a policeman or fireman
in the | 9 |
| regularly constituted police or fire department of the | 10 |
| municipality,
except as provided in this Section.
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| (j) In all municipalities, applicants who are 20 years of | 12 |
| age and who have
successfully completed 2 years of law | 13 |
| enforcement studies at an accredited
college or university may | 14 |
| be considered for appointment to active duty with
the police | 15 |
| department. An applicant described in this subsection (j) who | 16 |
| is
appointed to active duty shall not have power of arrest, nor | 17 |
| shall the
applicant be permitted to carry firearms, until he or | 18 |
| she reaches 21 years of
age.
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| (k) In municipalities of more than 500,000 population, | 20 |
| applications for
examination for and appointment to positions | 21 |
| as firefighters or police
shall be made available at various | 22 |
| branches of the public library of the
municipality.
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| (l) No municipality having a population less than 1,000,000 | 24 |
| shall require
that any fireman appointed to the lowest rank | 25 |
| serve a probationary employment
period of longer than one year. | 26 |
| The limitation on periods of probationary
employment provided |
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| in this amendatory Act of 1989 is an exclusive power and
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| function of the State. Pursuant to subsection (h) of Section 6 | 3 |
| of Article VII
of the Illinois Constitution, a home rule | 4 |
| municipality having a population less
than 1,000,000 must | 5 |
| comply with this limitation on periods of probationary
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| employment, which is a denial and limitation of home rule | 7 |
| powers.
Notwithstanding anything to the contrary in this | 8 |
| Section, the probationary
employment period limitation may be | 9 |
| extended for a firefighter who is required, as a condition of | 10 |
| employment, to be a certified paramedic, during which time the | 11 |
| sole reason that a firefighter may be discharged without a | 12 |
| hearing is for failing to meet the requirements for paramedic | 13 |
| certification.
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| (m) To the extent that this Section or any other Section in | 15 |
| this Division conflicts with Section 10-1-7.1 or 10-1-7.2, then | 16 |
| Section 10-1-7.1 or 10-1-7.2 shall control. | 17 |
| (Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06.)
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| (65 ILCS 5/10-1-7.1 new) | 19 |
| Sec. 10-1-7.1. Original appointments; full-time fire | 20 |
| department. | 21 |
| (a) Applicability. Unless a commission elects to follow the | 22 |
| provisions of Section 10-1-7.2, this Section shall apply to all | 23 |
| original appointments to an affected full-time fire | 24 |
| department. Existing registers of eligibles shall continue to | 25 |
| be valid until their expiration dates, or up to a maximum of 2 |
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| years after the effective date of this amendatory Act of the | 2 |
| 96th General Assembly. | 3 |
| Notwithstanding any statute, ordinance, rule, or other law | 4 |
| to the contrary, all original appointments to an affected | 5 |
| department to which this Section applies shall be administered | 6 |
| in the manner provided for in this Section. Provisions of the | 7 |
| Illinois Municipal Code, municipal ordinances, or rules | 8 |
| adopted pursuant to such authority and other laws relating to | 9 |
| initial hiring of firefighters in affected departments shall | 10 |
| continue to apply to the extent they are compatible with this | 11 |
| Section, but in the event of a conflict between this Section | 12 |
| and any other law, this Section shall control. | 13 |
| A home rule or non-home rule municipality may not | 14 |
| administer its fire department process for original | 15 |
| appointments in a manner that is inconsistent with this | 16 |
| Section. This Section is a limitation under subsection (i) of | 17 |
| Section 6 of Article VII of the Illinois Constitution on the | 18 |
| concurrent exercise by home rule units of the powers and | 19 |
| functions exercised by the State. | 20 |
| (b) Original appointments. All original appointments made | 21 |
| to an affected fire department shall be made from a register of | 22 |
| eligibles established in accordance with the processes | 23 |
| established by this Section. Only persons who meet or exceed | 24 |
| the performance standards required by this Section shall be | 25 |
| placed on a register of eligibles for original appointment to | 26 |
| an affected fire department. |
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| Whenever an appointing authority authorizes action to hire | 2 |
| a person to perform the duties of a firefighter or | 3 |
| firefighter-paramedic to fill a position that is a new position | 4 |
| or vacancy in a position due to resignation, discharge, | 5 |
| promotion, death, or the granting of a disability or retirement | 6 |
| pension, or any other cause, the appointing authority shall | 7 |
| appoint to that position the person with the highest ranking on | 8 |
| the final eligibility list, except that the appointing | 9 |
| authority shall have the right to pass over that person and | 10 |
| appoint the next highest ranked person on the list if the | 11 |
| appointing authority has reason to conclude that the highest | 12 |
| ranked person fails to meet the minimum standards for the | 13 |
| position after a conditional offer of employment has been made.
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| Any candidate may pass on an appointment once without losing | 15 |
| his or her position on the register of eligibles. Any candidate | 16 |
| who passes a second time shall be removed from the list | 17 |
| provided that such action shall not prejudice a person's | 18 |
| opportunities to participate in future examinations, including | 19 |
| an examination held during the time a candidate is already on | 20 |
| the municipality's register of eligibles. | 21 |
| The sole authority to issue certificates of appointment | 22 |
| shall be vested in the Civil Service Commission. All | 23 |
| certificates of appointment issued to any officer or member of | 24 |
| an affected department shall be signed by the chairperson and | 25 |
| secretary, respectively, of the commission upon appointment of | 26 |
| such officer or member to the affected department by the |
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| commission. All persons who accept a certificate of appointment | 2 |
| and successfully complete their probationary period shall be | 3 |
| enrolled as regular members of the fire department. | 4 |
| (c) Qualification for placement on register of eligibles. | 5 |
| The purpose for establishing a register of eligibles is to | 6 |
| identify applicants who possess and demonstrate the mental | 7 |
| aptitude, physical ability, and qualities of character to | 8 |
| perform the duties required of members of the fire department | 9 |
| in order to provide the highest quality of service to the | 10 |
| public. To this end all applicants for original appointment to | 11 |
| an affected fire department shall be subject to examination and | 12 |
| testing which shall be public, competitive, and open to all | 13 |
| applicants unless the municipality shall by ordinance limit | 14 |
| applicants to electors of the municipality, county, State, or | 15 |
| nation. Municipalities may establish educational, emergency | 16 |
| medical service licensure, and other pre-requisites for | 17 |
| participation in an examination or for hire as a firefighter. | 18 |
| Any fee to cover the costs of the application process shall not | 19 |
| exceed $25. | 20 |
| Residency requirements in effect at the time an individual | 21 |
| enters the fire service of a municipality (other than a | 22 |
| municipality that has more than 1,000,000 inhabitants) cannot | 23 |
| be made more restrictive for that individual during his or her | 24 |
| period of service for that municipality, or be made a condition | 25 |
| of promotion, except for the rank or position of Fire Chief and | 26 |
| for no more than 2 positions that rank immediately below that |
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| of the chief rank which are appointed positions pursuant to the | 2 |
| Fire Department Promotion Act. | 3 |
| No person who has attained his or her 35th birthday shall | 4 |
| be eligible to take an examination for a position as a | 5 |
| firefighter unless the person has had previous employment | 6 |
| status as a firefighter in the regularly constituted fire | 7 |
| department of the municipality, except as provided in this | 8 |
| Section. The age limitation does not apply to: | 9 |
| (1) any person previously employed as a firefighter in | 10 |
| a regularly constituted fire department of (i) any | 11 |
| municipality or fire protection district, regardless of | 12 |
| whether the municipality or fire protection district is | 13 |
| located in Illinois or in another state, (ii) a fire | 14 |
| protection district whose obligations were assumed by a | 15 |
| municipality under Section 21 of the Fire Protection | 16 |
| District Act, or (iii) a municipality whose obligations | 17 |
| were taken over by a fire protection district; or | 18 |
| (2) to any person who has served a municipality as a | 19 |
| regularly enrolled volunteer, paid-on-call, or part-time | 20 |
| firefighter for the 5 years immediately preceding the time | 21 |
| that municipality begins to use full-time firefighters to | 22 |
| provide all or part of its fire protection service. | 23 |
| Applicants who are 18 years of age and who have | 24 |
| successfully completed 2 years of study in fire techniques, | 25 |
| amounting to a total of 4 high school credits, within the cadet | 26 |
| program of a municipality or a fire protection district may be |
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| considered for appointment to active duty with the fire | 2 |
| department of any municipality. | 3 |
| No applicant shall be examined concerning his or her | 4 |
| political or religious opinions or affiliations. The | 5 |
| examinations shall be conducted by the commissioners of the | 6 |
| municipality or their designees and agents. | 7 |
| No municipality having a population less than 1,000,000 | 8 |
| shall require that any firefighter appointed to the lowest rank | 9 |
| serve a probationary employment period of longer than one year | 10 |
| of actual active employment, which may exclude periods of | 11 |
| training, or injury or illness leaves, including duty related | 12 |
| leave, in excess of 30 calendar days. Notwithstanding anything | 13 |
| to the contrary in this Section, the probationary employment | 14 |
| period limitation may be extended for a firefighter who is | 15 |
| required, as a condition of employment, to be a certified | 16 |
| paramedic, during which time the sole reason that a firefighter | 17 |
| may be discharged without a hearing is for failing to meet the | 18 |
| requirements for paramedic certification. | 19 |
| In the event that any applicant, who has been found | 20 |
| eligible for appointment and whose name has been placed upon | 21 |
| the final eligibility register provided for in this Division 1, | 22 |
| has not been appointed to a firefighter position within one | 23 |
| year from the date of his or her physical ability examination, | 24 |
| the commission may cause a second examination to be made of | 25 |
| such applicant's physical ability prior to his or her | 26 |
| appointment. If, after the second examination, the physical |
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| ability of the applicant shall be found to be less than the | 2 |
| minimum standard fixed by the rules of the commission, the | 3 |
| applicant shall not be appointed. The applicant's name shall be | 4 |
| retained upon the register of candidates eligible for | 5 |
| appointment and when next reached for certification and | 6 |
| appointment such applicant shall be again examined as herein | 7 |
| provided, and if the physical ability of such applicant is | 8 |
| found to be less than the minimum standard fixed by the rules | 9 |
| of the commission, the applicant shall not be appointed and the | 10 |
| name of the applicant shall be removed from the register. | 11 |
| (d) Notice, examination, and testing components. Notice of | 12 |
| the time, place, general scope, and fee of every examination | 13 |
| shall be given by the commission, by a publication at least 2 | 14 |
| weeks preceding the examination, in one or more newspapers | 15 |
| published in the municipality, or if no newspaper is published | 16 |
| therein, then in one or more newspapers with a general | 17 |
| circulation within the municipality. Additional notice of the | 18 |
| examination may be given as the commission shall prescribe. | 19 |
| The examination and qualifying standards for employment of | 20 |
| firefighters shall be based on: mental aptitude, physical | 21 |
| ability, preferences, moral character, and health. The mental | 22 |
| aptitude, physical ability, and preference components will | 23 |
| determine an applicant's qualification for and placement on the | 24 |
| final register of eligibles. The consideration of an | 25 |
| applicant's general moral character and health shall be | 26 |
| administered on a pass-fail basis after a conditional offer of |
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| employment is made by the commission. | 2 |
| (e) Mental aptitude. No person shall be placed on a | 3 |
| register of eligibles that does not possess a high school | 4 |
| diploma or an equivalent high school education. Examination of | 5 |
| an applicant's mental aptitude shall be based upon written | 6 |
| examination. The examination shall be practical in character | 7 |
| and relate to those matters which will fairly test the capacity | 8 |
| of the persons examined to discharge the duties performed by | 9 |
| members of a fire department. Written examinations shall be | 10 |
| administered in a manner that ensures the security and accuracy | 11 |
| of the scores achieved. | 12 |
| (f) Physical ability. All candidates shall be required to | 13 |
| undergo an examination of their physical ability to perform the | 14 |
| essential functions included in the duties they may be called | 15 |
| upon to perform as a member of a fire department. For the | 16 |
| purposes of this Section, essential functions of the job are | 17 |
| functions associated with duties that a firefighter may be | 18 |
| called upon to perform in response to emergency calls. The | 19 |
| frequency of the occurrence of such duties as part of the fire | 20 |
| department's regular routine shall not be a controlling factor | 21 |
| in the design of examination criteria or evolutions selected | 22 |
| for testing. Such examinations shall be open, competitive, and | 23 |
| based on industry standards designed to test each applicant's | 24 |
| physical abilities in the following dimensions (or similar test | 25 |
| designed to ensure the successful candidates are able to | 26 |
| perform the essential functions of the firefighter's job |
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| description): | 2 |
| (1) Muscular strength to perform tasks and evolutions | 3 |
| that may be required in the performance of duties including | 4 |
| grip strength, leg strength, and arm strength. Tests shall | 5 |
| be conducted under anaerobic as well as aerobic conditions | 6 |
| to test both the candidate's speed and endurance in | 7 |
| performing tasks and evolutions. Tasks tested may be based | 8 |
| on standards developed, or approved, by the local | 9 |
| appointing authority. | 10 |
| (2) The ability to climb ladders, operate from heights, | 11 |
| walk or crawl in the dark along narrow and uneven surfaces, | 12 |
| and operate in proximity to hazardous environments. | 13 |
| (3) The ability to carry out critical, time-sensitive, | 14 |
| complex problem solving during physical exertion in | 15 |
| stressful and hazardous environments, including hot, dark, | 16 |
| tightly enclosed spaces, that is further aggravated by | 17 |
| fatigue, flashing lights, sirens, and other distractions. | 18 |
| Physical ability examinations administered under this | 19 |
| Section shall be conducted with a reasonable number of proctors | 20 |
| and monitors, open to the public, and subject to reasonable | 21 |
| regulations of the commission. | 22 |
| (g) Scoring of examination components. The examination | 23 |
| components shall be graded on a 100-point scale. A person's | 24 |
| position on the list shall be determined by the following: (i) | 25 |
| the person's score on the written examination, (ii) the person | 26 |
| successfully passing the physical ability component, and (iii) |
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| the addition of any applicable preference points. | 2 |
| Applicants who pass both the written examination and the | 3 |
| physical ability examination shall be placed on the initial | 4 |
| eligibility register. The passing score for each of these test | 5 |
| components shall be determined by calculating a mean score for | 6 |
| all applicants participating in each test. In order to qualify | 7 |
| for placement on the final eligibility register, an applicant's | 8 |
| total score, including any applicable preference points, shall | 9 |
| be at or above the mean score plus 20%. | 10 |
| The commission shall prepare and keep a register of persons | 11 |
| whose total score is not less than the minimum fixed by this | 12 |
| Section. These persons shall take rank upon the register as | 13 |
| candidates in the order of their relative excellence based on | 14 |
| the highest to the lowest total points scored on the mental | 15 |
| aptitude, physical ability, and preference components of the | 16 |
| test administered in accordance with this Section. | 17 |
| Commissions may conduct additional examinations after a | 18 |
| final eligibility register is established and before it expires | 19 |
| with the candidates ranked by total score without regard to | 20 |
| date of examination. No later than 60 days after each | 21 |
| examination, an initial eligibility list shall be posted by the | 22 |
| commission which shall show the final grades of the candidates | 23 |
| without reference to priority of time of examination and | 24 |
| subject to claim for preference credit. | 25 |
| (h) Preferences. The following are preferences: | 26 |
| (1) Veteran preference. Persons who were engaged in the |
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| military service of the United States for a period of at | 2 |
| least one year of active duty and who were honorably | 3 |
| discharged therefrom, or who are now or have been members | 4 |
| on inactive or reserve duty in such military or naval | 5 |
| service, shall be preferred for appointment to and | 6 |
| employment with the fire department of an affected | 7 |
| department. | 8 |
| (2) Fire cadet preference. Persons who have | 9 |
| successfully completed 2 years of study in fire techniques | 10 |
| or cadet training within a cadet program established under | 11 |
| the rules of the commission of any municipality or fire | 12 |
| district shall be preferred for appointment and employment | 13 |
| in the fire department. | 14 |
| (3) Educational preference. Persons who have | 15 |
| successfully obtained an associate's degree in the field of | 16 |
| fire service or emergency medical services, or a bachelor's | 17 |
| degree from an accredited college or university, shall be | 18 |
| preferred for appointment and employment in the fire | 19 |
| department. | 20 |
| (4) Paramedic preference. Persons who have obtained | 21 |
| certification as an Emergency Medical Technician-Paramedic | 22 |
| (EMT-P) shall be preferred for appointment to and | 23 |
| employment with the fire department of an affected | 24 |
| department providing emergency medical services. | 25 |
| (5) Experience preference. All persons who have been | 26 |
| paid-on-call or part-time certified Firefighter II, State |
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| of Illinois or nationally licensed EMT-B or EMT-I, or any | 2 |
| combination of those capacities, of the municipality shall | 3 |
| be awarded 0.5 point for each year of successful service in | 4 |
| one or more of those capacities, up to a maximum of 5 | 5 |
| points. Certified Firefighter III and State of Illinois or | 6 |
| nationally licensed paramedics shall be awarded one point | 7 |
| per year up to a maximum of 5 points. Applicants from | 8 |
| outside the municipality who were employed as full-time | 9 |
| firefighters or firefighter-paramedics by a fire | 10 |
| protection district or another municipality for at least 2 | 11 |
| years shall have the same preference as paid-on-call or | 12 |
| part-time personnel. These additional points presuppose a | 13 |
| rating scale totaling 100 points available for the | 14 |
| eligibility list. If more or fewer points are used in the | 15 |
| rating scale for the eligibility list, the points awarded | 16 |
| under this subsection shall be increased or decreased by a | 17 |
| factor equal to the total possible points available for the | 18 |
| examination divided by 100. | 19 |
| Upon request by the commission, the governing body of | 20 |
| the municipality or in the case of applicants from outside | 21 |
| the municipality the governing body of any fire protection | 22 |
| district or any other municipality shall certify to the | 23 |
| commission, within 10 days after the request, the number of | 24 |
| years of successful paid-on-call, part-time, or full-time | 25 |
| service of any person. A candidate may not receive the full | 26 |
| amount of preference points under this subsection if the |
|
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|
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| 1 |
| amount of points awarded would place the candidate before a | 2 |
| veteran on the eligibility list. If more than one candidate | 3 |
| receiving experience preference points is prevented from | 4 |
| receiving all of their points due to not being allowed to | 5 |
| pass a veteran, the candidates shall be placed on the list | 6 |
| below the veteran in rank order based on the totals | 7 |
| received if all points under this subsection were to be | 8 |
| awarded. Any remaining ties on the list shall be determined | 9 |
| by lot. | 10 |
| (6) Scoring of preferences. Preference points shall be | 11 |
| awarded in the order listed in items (1) through (5). The | 12 |
| commission shall give preference for original appointment | 13 |
| to persons designated in items (1) through (4) by adding to | 14 |
| the final grade which they receive 5 points for each | 15 |
| recognized preference achieved. Experience preference of | 16 |
| up to 5 points shall then be added in accordance with item | 17 |
| (5). The numerical result thus attained shall be applied by | 18 |
| the commission in determining the final eligibility list | 19 |
| and appointment from such eligibility list. | 20 |
| No person entitled to any preference shall be required to | 21 |
| claim such credit before any examination held under the | 22 |
| provisions of this Section but such preference shall be given | 23 |
| after the posting or publication of the initial eligibility | 24 |
| list or register at the request of a person entitled to a | 25 |
| credit before any certification or appointments are made from | 26 |
| the eligibility register, upon the furnishing of verifiable |
|
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| 1 |
| evidence and proof of qualifying preference credit. Candidates | 2 |
| who are eligible for preference credit shall make a claim in | 3 |
| writing within 10 days after the posting of the initial | 4 |
| eligibility list or such claim shall be deemed waived. Final | 5 |
| eligibility registers shall be established after the awarding | 6 |
| of verified preference points, and appointment from the final | 7 |
| register shall be subject to the applicant passing the | 8 |
| qualifying standards for moral character and health. All | 9 |
| conditional offers of employment shall be subject to the | 10 |
| commission's initial hire background review including criminal | 11 |
| history, employment history, moral character, oral | 12 |
| examination, and medical examinations all on a pass-fail basis, | 13 |
| with the medical examinations to be conducted last. | 14 |
| Any person placed on an eligibility list who exceeds the | 15 |
| age requirement before being appointed to a fire department | 16 |
| shall remain eligible for appointment until the list is | 17 |
| abolished, or his or her name has been on the list for a period | 18 |
| of 3 years. No person who has attained the age of 35 years | 19 |
| shall be inducted into a fire department, except as otherwise | 20 |
| provided in this Section. | 21 |
| The commission shall strike off the names of candidates for | 22 |
| original appointment after the names have been on the list for | 23 |
| more than 3 years. | 24 |
| (i) Moral character. No person shall be appointed to a fire | 25 |
| department unless he or she is a person of good character; not | 26 |
| a habitual drunkard, a gambler, or a person who has been |
|
|
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09600HB1627ham001 |
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| 1 |
| convicted of a felony or a crime involving moral turpitude. | 2 |
| However, no person shall be disqualified from appointment to | 3 |
| the fire department because of the person's record of | 4 |
| misdemeanor convictions except those under Sections 11-6, | 5 |
| 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 6 |
| 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 7 |
| 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 8 |
| 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or | 9 |
| arrest for any cause without conviction thereon. Any such | 10 |
| person who is in the department may be removed on charges | 11 |
| brought for violating this subsection and after a trial as | 12 |
| hereinafter provided. | 13 |
| A classifiable set of the fingerprints of every person who | 14 |
| is offered employment as a certificated member of an affected | 15 |
| fire department whether with or without compensation, shall be | 16 |
| furnished to the Illinois Department of State Police and to the | 17 |
| Federal Bureau of Investigation by the commission. | 18 |
| Whenever a commission is authorized or required by law to | 19 |
| consider some aspect of criminal history record information for | 20 |
| the purpose of carrying out its statutory powers and | 21 |
| responsibilities, then, upon request and payment of fees in | 22 |
| conformance with the requirements of Section 2605-400 of the | 23 |
| State Police Law of the Civil Administrative Code of Illinois, | 24 |
| the Department of State Police is authorized to furnish, | 25 |
| pursuant to positive identification, such information | 26 |
| contained in State files as is necessary to fulfill the |
|
|
|
09600HB1627ham001 |
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| 1 |
| request. | 2 |
| (j) Temporary appointments. In order to prevent a stoppage | 3 |
| of public business, to meet extraordinary exigencies, or to | 4 |
| prevent material impairment of the fire department, the | 5 |
| commission may make temporary appointments, to remain in force | 6 |
| only until regular appointments are made under the provisions | 7 |
| of this Division, but never to exceed 60 days. No temporary | 8 |
| appointment of any one person shall be made more than twice in | 9 |
| any calendar year. | 10 |
| (k) A person who knowingly divulges or receives test | 11 |
| questions or answers before a written examination, or otherwise | 12 |
| knowingly violates or subverts any requirement of this Section | 13 |
| commits a violation of this Section and may be subject to | 14 |
| charges for official misconduct. | 15 |
| A person who is the knowing recipient of test information | 16 |
| in advance of the examination shall be disqualified from the | 17 |
| examination or discharged from the position to which he or she | 18 |
| was appointed, as applicable and otherwise subjected to | 19 |
| disciplinary actions. | 20 |
| (65 ILCS 5/10-1-7.2 new) | 21 |
| Sec. 10-1-7.2. Alternative procedure; original | 22 |
| appointment; full-time firefighter. | 23 |
| (a) Authority. The State Fire Marshal shall be authorized | 24 |
| to enter into intergovernmental agreements with local | 25 |
| commissions to provide for the recruitment of applicants and to |
|
|
|
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| 1 |
| conduct testing of interested applicants on a regional or | 2 |
| statewide basis for the purpose of establishing a master | 3 |
| register of eligibles for firefighters and | 4 |
| firefighter-paramedics. | 5 |
| (b) Eligibility. Persons eligible for placement on the | 6 |
| master register of eligibles shall consist of the following: | 7 |
| Persons who have participated in and received a passing | 8 |
| total score on the mental aptitude, physical ability, and | 9 |
| preference components of a regionally administered test | 10 |
| based on the standards described in this Section. The | 11 |
| standards for administering such tests and the minimum | 12 |
| passing score required for placement on this list shall be | 13 |
| as is set forth in this Section. | 14 |
| Qualified candidates shall be listed on the master | 15 |
| register of eligibles in highest to lowest rank order based | 16 |
| upon their test scores without regard to their date of | 17 |
| examination. Candidates listed on the master register of | 18 |
| eligibles shall be eligible for appointment for 3 years | 19 |
| from the date of the certification of their final score on | 20 |
| the register without regard to the date of their | 21 |
| examination. After 3 years the candidate's name shall be | 22 |
| struck from the list. | 23 |
| Any person currently employed as a full-time member of | 24 |
| a fire department appointed pursuant to this Division, | 25 |
| Division 2.1 of Article 10 of the Illinois Municipal Code, | 26 |
| or the Fire Protection District Act and who during the |
|
|
|
09600HB1627ham001 |
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| 1 |
| previous 12 months participated in and received a passing | 2 |
| score on the physical ability component of the test may | 3 |
| request that his or her name be added to the master | 4 |
| register. Any eligible person may be offered employment by | 5 |
| a local commission under the same procedures as provided by | 6 |
| this Section except that the apprenticeship period may be | 7 |
| waived and the applicant may be immediately issued a | 8 |
| certificate of original appointment by the local | 9 |
| commission. | 10 |
| (c) Qualifications for placement on register of eligibles. | 11 |
| The purpose for establishing a master register of eligibles | 12 |
| shall be to identify applicants who possess and demonstrate the | 13 |
| mental aptitude, physical ability, and qualities of character | 14 |
| to perform the duties required of members of the fire | 15 |
| department in order to provide the highest quality of service | 16 |
| to the public. To this end all applicants for original | 17 |
| appointment to an affected fire department through examination | 18 |
| conducted by a regional process, shall be subject to | 19 |
| examination and testing which shall be public, competitive, and | 20 |
| open to all applicants. All qualifying and disqualifying | 21 |
| factors applicable to examination processes for local | 22 |
| commissions in this amendatory Act shall be applicable to | 23 |
| persons participating in regional examinations unless | 24 |
| specifically provided otherwise in this Section. | 25 |
| Notice of the time, place, general scope, and fee of every | 26 |
| regional examination shall be given by the Fire Marshal or |
|
|
|
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| designated testing agency, as applicable, by publication at | 2 |
| least 2 weeks preceding the examination, in one or more | 3 |
| newspapers published in the region, or if no newspaper is | 4 |
| published therein, then in one or more newspapers of general | 5 |
| circulation within the region. Additional notice of the | 6 |
| examination may be given as the Fire Marshal shall prescribe. | 7 |
| (d) Examination and testing components for placement on | 8 |
| register of eligibles. The examination and qualifying | 9 |
| standards for placement on the master register of eligibles and | 10 |
| employment shall be based on the following components: mental | 11 |
| aptitude, physical ability, preferences, moral character, and | 12 |
| health. The mental aptitude, physical ability, and preference | 13 |
| components will determine an applicant's qualification for and | 14 |
| placement on the master register of eligibles. The | 15 |
| consideration of an applicant's general moral character and | 16 |
| health shall be administered on a pass-fail basis after a | 17 |
| conditional offer of employment is made by a local commission. | 18 |
| (e) Mental aptitude. Examination of an applicant's mental | 19 |
| aptitude shall be based upon written examination and an | 20 |
| applicant's prior experience demonstrating an aptitude for and | 21 |
| commitment to service as a member of a fire department. Written | 22 |
| examinations shall be practical in character and relate to | 23 |
| those matters which will fairly test the capacity of the | 24 |
| persons examined to discharge the duties performed by members | 25 |
| of a fire department. Written examinations shall be | 26 |
| administered in a manner that ensures the security and accuracy |
|
|
|
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| 1 |
| of the scores achieved. No person shall be placed on a register | 2 |
| of eligibles who does not possess a high school diploma or an | 3 |
| equivalent high school education. Local commissions may | 4 |
| establish educational, emergency medical service licensure, | 5 |
| and other pre-requisites for hire within their jurisdiction. | 6 |
| (f) Physical ability. All candidates shall be required to | 7 |
| undergo an examination of their physical ability to perform the | 8 |
| essential functions included in the duties they may be called | 9 |
| upon to perform as a member of a fire department. For the | 10 |
| purposes of this Section, essential functions of the job are | 11 |
| functions associated with duties that a firefighter may be | 12 |
| called upon to perform in response to emergency calls. The | 13 |
| frequency of the occurrence of such duties as part of the fire | 14 |
| department's regular routine shall not be a controlling factor | 15 |
| in the design of examination criteria or evolutions selected | 16 |
| for testing. Such examinations shall be open, competitive, and | 17 |
| based on industry standards designed to test each applicant's | 18 |
| physical abilities in each of the following dimensions (or | 19 |
| similar test designed to ensure the successful candidates are | 20 |
| able to perform the essential functions of a firefighter's job | 21 |
| description): | 22 |
| (1) Muscular strength to perform tasks and evolutions | 23 |
| that may be required in the performance of duties including | 24 |
| grip strength, leg strength, and arm strength. Tests shall | 25 |
| be conducted under anaerobic as well as aerobic conditions | 26 |
| to test both the candidate's speed and endurance in |
|
|
|
09600HB1627ham001 |
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| 1 |
| performing tasks and evolutions. Tasks tested are to be | 2 |
| based on industry standards developed by the State Fire | 3 |
| Marshal by rule. | 4 |
| (2) The ability to climb ladders, operate from heights, | 5 |
| walk or crawl in the dark along narrow and uneven surfaces, | 6 |
| and operate in proximity to hazardous environments. | 7 |
| (3) The ability to carry out critical, time-sensitive, | 8 |
| complex problem solving during physical exertion in | 9 |
| stressful, hazardous environments, including hot, dark, | 10 |
| tightly enclosed spaces, that is further aggravated by | 11 |
| fatigue, flashing lights, sirens, and other distractions. | 12 |
| (g) Scoring of examination components. The examination | 13 |
| components shall be graded on a 100-point scale. A person's | 14 |
| position on the master register of eligibles shall be | 15 |
| determined by the person's score on the written examination, | 16 |
| the person successfully passing the physical ability | 17 |
| component, and the addition of any applicable preference | 18 |
| points. | 19 |
| Applicants who have achieved at least the mean score of all | 20 |
| applicants participating in the written examination at the same | 21 |
| time, and who successfully pass the physical ability | 22 |
| examination will be placed on the initial eligibility register. | 23 |
| For placement on the final eligibility register, the passing | 24 |
| score shall be determined by (i) calculating the mean score for | 25 |
| all applicants participating in the written test; and (ii) | 26 |
| adding 20% to the mean score. Applicants whose total scores, |
|
|
|
09600HB1627ham001 |
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| 1 |
| including any applicable preference points, are above the mean | 2 |
| score plus 20%, shall be placed on the master register of | 3 |
| eligibles by the State Fire Marshal. | 4 |
| These persons shall take rank upon the register as | 5 |
| candidates in the order of their relative excellence based on | 6 |
| the highest to the lowest total points scored on the mental | 7 |
| aptitude and physical ability components, plus any applicable | 8 |
| preference points requested and verified by the State Fire | 9 |
| Marshal, or approved testing agency. | 10 |
| No later than 60 days after each examination, a revised | 11 |
| master register of eligibles shall be posted by the Fire | 12 |
| Marshal which shall show the final grades of the candidates | 13 |
| without reference to priority of time of examination. | 14 |
| (h) Preferences. The board shall give military, education, | 15 |
| and experience preference points to those who qualify for | 16 |
| placement on the master register of eligibles, on the same | 17 |
| basis as provided for examinations administered by a local | 18 |
| commission. | 19 |
| No person entitled to preference or credit shall be | 20 |
| required to claim such credit before any examination held under | 21 |
| the provisions of this Section. Such preference shall be given | 22 |
| after the posting or publication of the applicant's initial | 23 |
| score at the request of such person before finalizing the | 24 |
| scores from all applicants taking part in a regional | 25 |
| examination. Candidates who are eligible for preference credit | 26 |
| shall make a claim in writing within 10 days after the posting |
|
|
|
09600HB1627ham001 |
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| 1 |
| of the initial scores from any regional test or the claim shall | 2 |
| be deemed waived. Once preference points are awarded, the | 3 |
| candidates will be certified to the master register in | 4 |
| accordance with their final score including preference points. | 5 |
| (i) Firefighter apprentice and firefighter-paramedic | 6 |
| apprentice. The employment of an applicant to an apprentice | 7 |
| position (including a currently employed full-time member of a | 8 |
| fire department whose apprenticeship may be reduced or waived) | 9 |
| shall be subject to the applicant passing the moral character | 10 |
| standards and health examinations of the local commission. In | 11 |
| addition, a local commission may require as a condition of | 12 |
| employment that the applicant demonstrate current physical | 13 |
| ability by either passing the local commission's approved | 14 |
| physical ability examination, or by presenting proof of | 15 |
| participating in and receiving a passing score on the physical | 16 |
| ability component of a regional test within a period of up to | 17 |
| 12 months before the date of the conditional offer of | 18 |
| employment. All conditional offers of employment shall be | 19 |
| subject to the local commission's initial hire background | 20 |
| review including criminal history, employment history, moral | 21 |
| character, oral examination, and medical examinations all on a | 22 |
| pass-fail basis, with the medical examinations to be conducted | 23 |
| last. | 24 |
| (j) Selection from list. Any municipality or fire | 25 |
| protection district that is a party to an intergovernmental | 26 |
| agreement under the terms of which persons have been tested for |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| placement on the master register of eligibles shall be entitled | 2 |
| to offer employment to any person on the list irrespective of | 3 |
| their ranking on the list. The offer of employment shall be to | 4 |
| the position of firefighter apprentice or | 5 |
| firefighter-paramedic apprentice. | 6 |
| Applicants passing such tests may be employed as a | 7 |
| firefighter apprentice or a firefighter-paramedic apprentice | 8 |
| who shall serve an apprenticeship period of 12 months or less | 9 |
| according to such terms and conditions of employment as the | 10 |
| employing municipality or district offers, or as provided for | 11 |
| under the terms of any collective bargaining agreement then in | 12 |
| effect. Any probationary period set by the local commission | 13 |
| shall apply to all new members. | 14 |
| Service during the apprenticeship period shall be on a | 15 |
| probationary basis. During the apprenticeship period the | 16 |
| apprentice's training and performance shall be monitored and | 17 |
| evaluated by a Joint Apprenticeship Committee. | 18 |
| The Joint Apprenticeship Committee shall consist of 4 | 19 |
| members who shall be regular members of the fire department | 20 |
| with at least 10 years of full-time work experience as a | 21 |
| firefighter or firefighter-paramedic. The fire chief and the | 22 |
| president of the exclusive bargaining representative | 23 |
| recognized by the employer shall each appoint 2 members to the | 24 |
| Joint Apprenticeship Committee. In the absence of an exclusive | 25 |
| collective bargaining representative, the chief shall appoint | 26 |
| the remaining 2 members who shall be from the ranks of company |
|
|
|
09600HB1627ham001 |
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| 1 |
| officer and firefighter with at least 10 years of work | 2 |
| experience as a firefighter or firefighter-paramedic. In the | 3 |
| absence of a sufficient number of qualified firefighters, the | 4 |
| Joint Apprenticeship Committee members shall have the amount of | 5 |
| experience and the type of qualifications as is reasonable | 6 |
| given the circumstances of the fire department. In the absence | 7 |
| of a full-time member in a rank between chief and the highest | 8 |
| rank in a bargaining unit, the Joint Apprenticeship Committee | 9 |
| shall be reduced to 2 members, one to be appointed by the chief | 10 |
| and one by the union president, if any. If there is no | 11 |
| exclusive bargaining representative, the chief shall appoint | 12 |
| the second member of the Joint Apprenticeship Committee from | 13 |
| among qualified members in the ranks of company officer and | 14 |
| below. Before the conclusion of the apprenticeship period, the | 15 |
| Joint Apprenticeship Committee shall meet to consider the | 16 |
| apprentice's progress and performance and vote to retain the | 17 |
| apprentice as a member of the fire department or to terminate | 18 |
| the apprenticeship. If 3 of the 4 members of the Joint | 19 |
| Apprenticeship Committee affirmatively vote to retain the | 20 |
| apprentice (if a 2 member Joint Apprenticeship Committee | 21 |
| exists, then both members must affirmatively vote to retain the | 22 |
| apprentice), the local commission shall issue the apprentice a | 23 |
| certificate of original appointment to the fire department. | 24 |
| (k) A person who knowingly divulges or receives test | 25 |
| questions or answers before a written examination, or otherwise | 26 |
| knowingly violates or subverts any requirement of this Section |
|
|
|
09600HB1627ham001 |
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| 1 |
| commits a violation of this Section and may be subject to | 2 |
| charges for official misconduct. | 3 |
| A person who is the knowing recipient of test information | 4 |
| in advance of the examination shall be disqualified from the | 5 |
| examination or discharged from the position to which he or she | 6 |
| was appointed, as applicable and otherwise subjected to | 7 |
| disciplinary actions.
| 8 |
| (65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
| 9 |
| Sec. 10-2.1-4. Fire and police departments; Appointment of
| 10 |
| members; Certificates of appointments.
| 11 |
| The board of fire and police commissioners shall appoint | 12 |
| all officers
and members of the fire and police departments of | 13 |
| the municipality,
including the chief of police and the chief | 14 |
| of the fire department,
unless the council or board of trustees | 15 |
| shall by ordinance as to them
otherwise provide; except as | 16 |
| otherwise provided in this Section, and
except that in any | 17 |
| municipality which adopts or has
adopted this Division 2.1 and | 18 |
| also adopts or has adopted Article 5 of
this Code, the chief of | 19 |
| police and the chief of the fire department
shall be appointed | 20 |
| by the municipal manager, if it is provided by
ordinance in | 21 |
| such municipality that such chiefs, or either of them,
shall | 22 |
| not be appointed by the board of fire and police commissioners.
| 23 |
| If the chief of the fire department or the chief of the | 24 |
| police department
or both of them are appointed in the manner | 25 |
| provided by ordinance, they
may be removed or discharged by the |
|
|
|
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| 1 |
| appointing authority. In such case
the appointing authority | 2 |
| shall file with the corporate authorities the reasons
for such | 3 |
| removal or discharge, which removal or discharge shall not | 4 |
| become
effective unless confirmed by a majority vote of the | 5 |
| corporate authorities.
| 6 |
| If a member of the department is appointed chief of police | 7 |
| or chief
of the fire department prior to being eligible to | 8 |
| retire on pension, he
shall be considered as on furlough from | 9 |
| the rank he held immediately
prior to his appointment as chief. | 10 |
| If he resigns as chief or is
discharged as chief prior to | 11 |
| attaining eligibility to retire on pension,
he shall revert to | 12 |
| and be established in whatever rank he currently holds,
except | 13 |
| for previously appointed positions, and thereafter
be entitled | 14 |
| to all the benefits and emoluments of that rank,
without regard | 15 |
| as to whether a vacancy then exists in that rank.
| 16 |
| All appointments to each department other than that of the | 17 |
| lowest
rank, however, shall be from the rank next below that to | 18 |
| which the
appointment is made except as otherwise provided in | 19 |
| this Section, and
except that the chief of police and the chief | 20 |
| of the
fire department may be appointed from among members of | 21 |
| the police and
fire departments, respectively, regardless of | 22 |
| rank, unless the council
or board of trustees shall have by | 23 |
| ordinance as to them otherwise provided.
A chief of police or | 24 |
| the chief of the fire department, having been appointed
from | 25 |
| among members
of the police or fire department, respectively, | 26 |
| shall be permitted, regardless
of rank, to
take promotional
|
|
|
|
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| 1 |
| exams and be promoted to a higher classified rank than he | 2 |
| currently holds,
without having to
resign as chief of police or | 3 |
| chief of the fire department.
| 4 |
| The sole authority to issue certificates of appointment | 5 |
| shall be
vested in the Board of Fire and Police Commissioners | 6 |
| and all
certificates of appointments issued to any officer or | 7 |
| member of the fire
or police department of a municipality shall | 8 |
| be signed by the chairman
and secretary respectively of the | 9 |
| board of fire and police commissioners
of such municipality, | 10 |
| upon appointment of such officer or member of the
fire and | 11 |
| police department of such municipality by action of the board
| 12 |
| of fire and police commissioners. In any municipal fire | 13 |
| department that employs full-time firefighters and is subject | 14 |
| to a collective bargaining agreement, a person who has not | 15 |
| qualified for regular appointment under the provisions of this | 16 |
| Division 2.1 shall not be used as a temporary or permanent | 17 |
| substitute for classified members of a municipality's fire | 18 |
| department or for regular appointment as a classified member of | 19 |
| a municipality's fire department unless mutually agreed to by | 20 |
| the employee's certified bargaining agent. Such agreement | 21 |
| shall be considered a permissive subject of bargaining. | 22 |
| Municipal fire departments covered by the changes made by this | 23 |
| amendatory Act of the 95th General Assembly that are using | 24 |
| non-certificated employees as substitutes immediately prior to | 25 |
| the effective date of this amendatory Act of the 95th General | 26 |
| Assembly may, by mutual agreement with the certified bargaining |
|
|
|
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| 1 |
| agent, continue the existing practice or a modified practice | 2 |
| and that agreement shall be considered a permissive subject of | 3 |
| bargaining. A home rule unit may not regulate the hiring of | 4 |
| temporary or substitute members of the municipality's fire | 5 |
| department in a manner that is inconsistent with this Section. | 6 |
| This Section is a limitation under subsection (i) of Section 6 | 7 |
| of Article VII of the Illinois Constitution on the concurrent | 8 |
| exercise by home rule units of powers and functions exercised | 9 |
| by the State.
| 10 |
| The term "policemen" as used in this Division does not | 11 |
| include
auxiliary police officers except as provided for in | 12 |
| Section 10-2.1-6.
| 13 |
| Any full time member of a regular fire or police department | 14 |
| of any
municipality which comes under the provisions of this | 15 |
| Division or adopts
this Division 2.1 or which has adopted any | 16 |
| of the prior Acts pertaining to
fire and police commissioners, | 17 |
| is a city officer.
| 18 |
| Notwithstanding any other provision of this Section, the | 19 |
| Chief of
Police of a department in a non-homerule municipality | 20 |
| of more than 130,000
inhabitants may, without the advice or | 21 |
| consent of the Board of
Fire and Police Commissioners, appoint | 22 |
| up to 6 officers who shall be known
as deputy chiefs or | 23 |
| assistant deputy chiefs, and whose rank shall be
immediately | 24 |
| below that of Chief. The deputy or assistant deputy chiefs may
| 25 |
| be appointed from any rank of sworn officers of that | 26 |
| municipality, but no
person who is not such a sworn officer may |
|
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| be so appointed. Such deputy
chief or assistant deputy chief | 2 |
| shall have the authority to direct and
issue orders to all | 3 |
| employees of the Department holding the rank of captain
or any | 4 |
| lower rank.
A deputy chief of police or assistant deputy chief | 5 |
| of police, having been
appointed from any rank
of sworn | 6 |
| officers of that municipality, shall be permitted, regardless | 7 |
| of rank,
to take promotional
exams and be promoted to a higher | 8 |
| classified rank than he currently holds,
without having to
| 9 |
| resign as deputy chief of police or assistant deputy chief of | 10 |
| police.
| 11 |
| Notwithstanding any other provision of this Section, a | 12 |
| non-homerule
municipality of 130,000 or fewer inhabitants, | 13 |
| through its council or board
of trustees, may, by ordinance, | 14 |
| provide for a position of deputy chief to be
appointed by the | 15 |
| chief of the police department. The ordinance shall provide
for | 16 |
| no more than one deputy chief position if the police department | 17 |
| has fewer
than 25 full-time police officers and for no more | 18 |
| than 2 deputy chief positions
if the police department has 25 | 19 |
| or more full-time police officers. The deputy
chief position
| 20 |
| shall be an exempt rank immediately below that of Chief. The | 21 |
| deputy chief may
be appointed from any rank of sworn, full-time | 22 |
| officers of the municipality's
police department, but must have | 23 |
| at least 5 years of full-time service as a
police officer in | 24 |
| that department. A deputy chief shall serve at the
discretion | 25 |
| of the Chief and, if removed from the position,
shall revert to | 26 |
| the rank currently held, without regard as to whether a
vacancy |
|
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| 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 appointed to the lowest
rank | 9 |
| serve a probationary employment period of longer than one year. | 10 |
| The
limitation on periods of probationary employment provided | 11 |
| in this
amendatory Act of 1989 is an exclusive power and | 12 |
| function of the State.
Pursuant to subsection (h) of Section 6 | 13 |
| of Article VII of the Illinois
Constitution, a home rule | 14 |
| municipality having a population less than 1,000,000
must | 15 |
| comply with this limitation on periods of probationary | 16 |
| employment, which
is a denial and limitation of home rule | 17 |
| powers. Notwithstanding anything to
the contrary in this | 18 |
| Section, the probationary employment period limitation
may be | 19 |
| extended for a firefighter who is required, as a condition of | 20 |
| employment, to be a certified paramedic, during which time the | 21 |
| sole reason that a firefighter may be discharged without a | 22 |
| hearing is for failing to meet the requirements for paramedic | 23 |
| certification.
| 24 |
| To the extent that this Section or any other Section in | 25 |
| this Division conflicts with Section 10-2.1-6.3 or 10-2.1-6.4, | 26 |
| then Section 10-2.1-6.3 or 10-2.1-6.4 shall control. |
|
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| (Source: P.A. 94-135, eff. 7-7-05; 94-984, eff. 6-30-06; | 2 |
| 95-490, eff. 6-1-08 .)
| 3 |
| (65 ILCS 5/10-2.1-6.3 new) | 4 |
| Sec. 10-2.1-6.3. Original appointments; full-time fire | 5 |
| department. | 6 |
| (a) Applicability. Unless a commission elects to follow the | 7 |
| provisions of Section 10-2.1-6.4, this Section shall apply to | 8 |
| all original appointments to an affected full-time fire | 9 |
| department. Existing registers of eligibles shall continue to | 10 |
| be valid until their expiration dates, or up to a maximum of 2 | 11 |
| years after the effective date of this amendatory Act of the | 12 |
| 96th General Assembly. | 13 |
| Notwithstanding any statute, ordinance, rule, or other law | 14 |
| to the contrary, all original appointments to an affected | 15 |
| department to which this Section applies shall be administered | 16 |
| in the manner provided for in this Section. Provisions of the | 17 |
| Illinois Municipal Code, municipal ordinances, or rules | 18 |
| adopted pursuant to such authority and other laws relating to | 19 |
| initial hiring of firefighters in affected departments shall | 20 |
| continue to apply to the extent they are compatible with this | 21 |
| Section, but in the event of conflict between this Section and | 22 |
| any other law, this Section shall control. | 23 |
| A home rule or non-home rule municipality may not | 24 |
| administer its fire department process for original | 25 |
| appointments in a manner that is inconsistent with this |
|
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| Section. This Section is a limitation under subsection (i) of | 2 |
| Section 6 of Article VII of the Illinois Constitution on the | 3 |
| concurrent exercise by home rule units of the powers and | 4 |
| functions exercised by the State. | 5 |
| (b) Original appointments. All original appointments made | 6 |
| to an affected fire department shall be made from a register of | 7 |
| eligibles established in accordance with the processes | 8 |
| required by this Section. Only persons who meet or exceed the | 9 |
| performance standards established by this Section shall be | 10 |
| placed on a register of eligibles for original appointment to | 11 |
| an affected fire department. | 12 |
| Whenever an appointing authority authorizes action to hire | 13 |
| a firefighter to fill a new position or vacancy due to | 14 |
| resignation, discharge, promotion, death, the granting of a | 15 |
| disability or retirement pension, or any other cause, the | 16 |
| appointing authority shall appoint to that position the person | 17 |
| with the highest ranking on the final eligibility list, except | 18 |
| that the appointing authority shall have the right to pass over | 19 |
| that person and appoint the next highest ranked person on the | 20 |
| list if the appointing authority has reason to conclude that | 21 |
| the highest ranked person fails to meet the minimum standards | 22 |
| for the position after a conditional offer of employment has | 23 |
| been made. | 24 |
| Any candidate may pass on an appointment once without | 25 |
| losing his or her position on the register of eligibles. Any | 26 |
| candidate who passes a second time shall be removed from the |
|
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| list provided that such action shall not prejudice a person's | 2 |
| opportunities to participate in future examinations, including | 3 |
| an examination held during the time a candidate is already on | 4 |
| the municipality's register of eligibles. | 5 |
| The sole authority to issue certificates of appointment | 6 |
| shall be vested in the board of fire and police commissioners. | 7 |
| All certificates of appointments issued to any officer or | 8 |
| member of an affected department shall be signed by the | 9 |
| chairperson and secretary, respectively, of the board upon | 10 |
| appointment of such officer or member to the affected | 11 |
| department by action of the board. Persons who have accepted | 12 |
| certificates of appointment and successfully completed their | 13 |
| probationary period shall be classified as regular members of | 14 |
| the fire department. | 15 |
| (c) Qualification for placement on register of eligibles. | 16 |
| The purpose of establishing a register of eligibles is to | 17 |
| provide the highest quality of service to the public by | 18 |
| identifying applicants who possess and demonstrate the mental | 19 |
| aptitude, physical ability, and qualities of character to | 20 |
| perform the duties required of members of the fire department. | 21 |
| To this end all applicants for original appointment to an | 22 |
| affected fire department shall be subject to examination and | 23 |
| testing which shall be public, competitive, and open to all | 24 |
| applicants unless the municipality shall by ordinance limit | 25 |
| applicants to electors of the municipality, county, State, or | 26 |
| nation. Municipalities may establish educational, emergency |
|
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| medical service licensure, and other pre-requisites for | 2 |
| participation in an examination, or for hire as a firefighter. | 3 |
| Any fee to cover the costs of the application process shall not | 4 |
| exceed $25. | 5 |
| Residency requirements in effect at the time an individual | 6 |
| enters the fire service of a municipality (other than a | 7 |
| municipality that has more than 1,000,000 inhabitants) cannot | 8 |
| be made more restrictive for that individual during his or her | 9 |
| period of service for that municipality, or be made a condition | 10 |
| of promotion, except for the rank or position of fire chief and | 11 |
| for up to 2 individuals holding the rank immediately below that | 12 |
| of the chief rank which are appointed positions pursuant to the | 13 |
| Fire Department Promotion Act. | 14 |
| No person who has attained his or her 35th birthday shall | 15 |
| be eligible to take an examination for a position as a | 16 |
| firefighter unless the person has had previous employment | 17 |
| status as a firefighter in the regularly constituted fire | 18 |
| department of the municipality, except as provided in this | 19 |
| Section. The age limitation does not apply to: | 20 |
| (1) any person previously employed as a firefighter in | 21 |
| a regularly constituted fire department of (i) any | 22 |
| municipality or fire protection district, regardless of | 23 |
| whether the municipality or fire protection district is | 24 |
| located in Illinois or in another state, (ii) a fire | 25 |
| protection district whose obligations were assumed by a | 26 |
| municipality under Section 21 of the Fire Protection |
|
|
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| District Act, or (iii) a municipality whose obligations | 2 |
| were taken over by a fire protection district; or | 3 |
| (2) to any person who has served a municipality as a | 4 |
| regularly enrolled volunteer, paid-on-call, or part-time | 5 |
| firefighter for 5 years immediately preceding the time that | 6 |
| municipality begins to use full-time firefighters to | 7 |
| provide all or part of its fire protection service. | 8 |
| Applicants who are 18 years of age and who have | 9 |
| successfully completed 2 years of study in fire techniques, | 10 |
| amounting to a total of 4 high school credits, within the cadet | 11 |
| program of a municipality fire protection district may be | 12 |
| considered for appointment to active duty with the fire | 13 |
| department of any municipality. | 14 |
| No applicant shall be examined concerning his or her | 15 |
| political or religious opinions or affiliations. The | 16 |
| examinations shall be conducted by the commissioners of the | 17 |
| municipality or their designees and agents. | 18 |
| No municipality having a population less than 1,000,000 | 19 |
| shall require that any firefighter appointed to the lowest rank | 20 |
| serve a probationary employment period of longer than one year | 21 |
| of actual active employment, which may exclude periods of | 22 |
| training, or injury or illness leaves, including duty related | 23 |
| leave, in excess of 30 calendar days. Notwithstanding anything | 24 |
| to the contrary in this Section, the probationary employment | 25 |
| period limitation may be extended for a firefighter who is | 26 |
| required, as a condition of employment, to be a certified |
|
|
|
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| paramedic, during which time the sole reason that a firefighter | 2 |
| may be discharged without a hearing is for failing to meet the | 3 |
| requirements for paramedic certification. | 4 |
| In the event that any applicant, who has been found | 5 |
| eligible for appointment and whose name has been placed upon | 6 |
| the final eligibility register provided for in this Section, | 7 |
| has not been appointed to a firefighter position within one | 8 |
| year from the date of his or her physical ability examination, | 9 |
| the commission may cause a second examination to be made of | 10 |
| such applicant's physical ability prior to his or her | 11 |
| appointment. If, upon such second examination, the physical | 12 |
| ability of the applicant shall be found to be less than the | 13 |
| minimum standard fixed by the rules of such commission, the | 14 |
| applicant shall not be appointed. The name of such applicant | 15 |
| shall be retained upon the register of candidates eligible for | 16 |
| appointment and when again reached for certification and | 17 |
| appointment such applicant shall be again examined as herein | 18 |
| provided, and if the physical ability of such applicant shall | 19 |
| again be found to be less than the minimum standard fixed by | 20 |
| the rules of the commission, the applicant shall not be | 21 |
| appointed and the name of the applicant shall be removed from | 22 |
| the register. | 23 |
| (d) Notice, examination, and testing components. Notice of | 24 |
| the time, place, general scope, and fee of every examination | 25 |
| shall be given by the commission, by a publication at least 2 | 26 |
| weeks preceding the examination, in one or more newspapers |
|
|
|
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| 1 |
| published in the municipality, or if no newspaper is published | 2 |
| therein, then in one or more newspapers of general circulation | 3 |
| within the municipality. Additional notice of the examination | 4 |
| may be given as the commission shall prescribe. | 5 |
| The examination and qualifying standards for employment of | 6 |
| firefighters shall be based on: mental aptitude, physical | 7 |
| ability, preferences, moral character, and health. The mental | 8 |
| aptitude, physical ability, and preference components will | 9 |
| determine an applicant's qualification for and placement on the | 10 |
| final register of eligibles. The consideration of an | 11 |
| applicant's general moral character and health shall be | 12 |
| administered on a pass-fail basis after a conditional offer of | 13 |
| employment is made by the commission. | 14 |
| (e) Mental aptitude. No person shall be placed on a | 15 |
| register of eligibles that does not possess a high school | 16 |
| diploma or an equivalent high school education. Examination of | 17 |
| an applicant's mental aptitude shall be based upon written | 18 |
| examination which shall be practical in character and relate to | 19 |
| those matters which will fairly test the capacity of the | 20 |
| persons examined to discharge the duties performed by members | 21 |
| of a fire department. Written examinations shall be | 22 |
| administered in a manner that ensures the security and accuracy | 23 |
| of the scores achieved. | 24 |
| (f) Physical ability. All candidates shall be required to | 25 |
| undergo an examination of their physical ability to perform the | 26 |
| essential functions included in the duties they may be called |
|
|
|
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| 1 |
| upon to perform as a member of a fire department. For the | 2 |
| purposes of this Section, essential functions of the job are | 3 |
| functions associated with duties that a firefighter may be | 4 |
| called upon to perform in response to emergency calls. The | 5 |
| frequency of the occurrence of such duties as part of the fire | 6 |
| department's regular routine shall not be a controlling factor | 7 |
| in the design of examination criteria or evolutions selected | 8 |
| for testing. Such examinations shall be open, competitive, and | 9 |
| based on industry standards designed to test each applicant's | 10 |
| physical abilities (or similar test designed to ensure the | 11 |
| successful candidates are able to perform the essential | 12 |
| functions of the firefighter's job description in the following | 13 |
| dimensions): | 14 |
| (1) Muscular strength to perform tasks and evolutions | 15 |
| that may be required in the performance of duties including | 16 |
| grip strength, leg strength, and arm strength. Tests shall | 17 |
| be conducted under anaerobic as well as aerobic conditions | 18 |
| to test both the candidate's speed and endurance in | 19 |
| performing tasks and evolutions. Tasks tested may be based | 20 |
| on standards developed, or approved, by the local | 21 |
| appointing authority. | 22 |
| (2) The ability to climb ladders, operate from heights, | 23 |
| walk or crawl in the dark along narrow and uneven surfaces, | 24 |
| and operate in proximity to hazardous environments. | 25 |
| (3) The ability to carry out critical, time-sensitive, | 26 |
| complex problem solving during physical exertion in |
|
|
|
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| 1 |
| stressful, hazardous environments, including hot, dark, | 2 |
| tightly enclosed spaces, that is further aggravated by | 3 |
| fatigue, flashing lights, sirens, and other distractions. | 4 |
| Physical ability examinations administered under this | 5 |
| Section shall be conducted with a reasonable number of proctors | 6 |
| and monitors, and shall be open to the public, subject to | 7 |
| reasonable regulations of the commission. | 8 |
| (g) Scoring of examination components. The examination | 9 |
| components shall be graded on a 100-point scale. A person's | 10 |
| position on the list shall be determined by the following: (i) | 11 |
| the person's score on the written examination, (ii) the person | 12 |
| successfully passing the physical ability component, and (iii) | 13 |
| the addition of any applicable preference points. | 14 |
| Applicants who have achieved at least the mean score of all | 15 |
| applicants participating in the written examination at the same | 16 |
| time, and who successfully pass the physical ability | 17 |
| examination will be placed on the initial eligibility register. | 18 |
| For placement on the final eligibility register, the passing | 19 |
| score shall be determined by (i) calculating the mean score for | 20 |
| all applicants participating in the written test; and (ii) | 21 |
| adding 20% to the mean score. Applicants whose total scores, | 22 |
| including any applicable preference points, are above the mean | 23 |
| score plus 20%, shall be placed on the final register of | 24 |
| eligibles by the commission. | 25 |
| The commission shall prepare and keep a register of persons | 26 |
| whose total score is not less than the minimum fixed by this |
|
|
|
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| 1 |
| Section. These persons shall take rank upon the register as | 2 |
| candidates in the order of their relative excellence based on | 3 |
| the highest to the lowest total points scored on the mental | 4 |
| aptitude, physical ability, and preference components of the | 5 |
| test administered in accordance with this Section. | 6 |
| Commissions may conduct additional examinations after a | 7 |
| final eligibility register is established and before it expires | 8 |
| with the candidates ranked by total score without regard to | 9 |
| date of examination. No more than 60 days after each | 10 |
| examination, an initial eligibility list shall be posted by the | 11 |
| commission which shall show the final grades of the candidates | 12 |
| without reference to priority of time of examination and | 13 |
| subject to claim for preference 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 and employment | 21 |
| in the fire department of an affected department. | 22 |
| (2) Fire cadet preference. Persons who have | 23 |
| successfully completed 2 years of study in fire techniques | 24 |
| or cadet training within a cadet program established under | 25 |
| the rules of the commission of any municipality or fire | 26 |
| district shall be preferred for appointment and employment |
|
|
|
09600HB1627ham001 |
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| 1 |
| in 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 | 5 |
| bachelor's degree from an accredited college or university | 6 |
| shall be preferred for appointment and employment in the | 7 |
| fire department. | 8 |
| (4) Paramedic preference. Persons who have obtained | 9 |
| certification as an Emergency Medical Technician-Paramedic | 10 |
| (EMT-P) shall be preferred for appointment and employment | 11 |
| in the fire department of an affected department providing | 12 |
| emergency medical services. | 13 |
| (5) Experience preference. All persons who have been | 14 |
| paid-on-call or part-time certified Firefighter II, State | 15 |
| of Illinois or nationally licensed EMT-B or EMT-I, or any | 16 |
| combination of those capacities, of the municipality shall | 17 |
| be awarded 0.5 point for each year of successful service in | 18 |
| one or more of those capacities, up to a maximum of 5 | 19 |
| points. Certified Firefighter III and State of Illinois or | 20 |
| nationally licensed paramedics shall be awarded one point | 21 |
| per year up to a maximum of 5 points. Applicants from | 22 |
| outside the municipality who were employed as full-time | 23 |
| firefighters or firefighter-paramedics by a fire | 24 |
| protection district or another municipality for at least 2 | 25 |
| years shall have the same preference as paid-on-call or | 26 |
| part-time personnel. These additional points presuppose a |
|
|
|
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| 1 |
| rating scale totaling 100 points available for the | 2 |
| eligibility list. If more or fewer points are used in the | 3 |
| rating scale for the eligibility list, the points awarded | 4 |
| under this subsection shall be increased or decreased by a | 5 |
| factor equal to the total possible points available for the | 6 |
| examination divided by 100. | 7 |
| Upon request by the commission, the governing body of | 8 |
| the municipality or (in the case of applicants from outside | 9 |
| the municipality) the governing body of any fire protection | 10 |
| district or any other municipality shall certify to the | 11 |
| commission, within 10 days of the request, the number of | 12 |
| years of successful paid-on-call, part-time, or full-time | 13 |
| service of any person. A candidate may not receive the full | 14 |
| amount of the preference points under this subsection if | 15 |
| the amount of points awarded would place the candidate | 16 |
| before a veteran on the eligibility list. If more than one | 17 |
| candidate receiving experience preference points is | 18 |
| prevented from receiving all of their points due to not | 19 |
| being allowed to pass a veteran, the candidates shall be | 20 |
| placed on the list below the veteran in rank order based on | 21 |
| the totals received as if all points under this subsection | 22 |
| were to be awarded. Any remaining ties on the list shall be | 23 |
| determined by lot. | 24 |
| (6) Scoring of preferences. Preference points shall be | 25 |
| awarded in the order listed in items (1) through (5). The | 26 |
| commission shall give preference for original appointment |
|
|
|
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| 1 |
| to persons designated in items (1) through (4) by adding to | 2 |
| the final grade which they receive 5 points for each | 3 |
| recognized preference achieved. Experience preference of | 4 |
| up to 5 points shall then be added in accordance with item | 5 |
| (5). The numerical result thus attained shall be applied by | 6 |
| the commission in determining the final eligibility list | 7 |
| and appointment from such eligibility list. | 8 |
| No person entitled to any preference shall be required to | 9 |
| claim such credit before any examination held under the | 10 |
| provisions of this Section. Such preference shall be given | 11 |
| after the posting or publication of the initial eligibility | 12 |
| list or register at the request of such person before any | 13 |
| certification or appointments are made from the eligibility | 14 |
| register, upon the furnishing of verifiable evidence and proof | 15 |
| of qualifying preference credit. Candidates who are eligible | 16 |
| for preference credit shall make a claim in writing within 10 | 17 |
| days after the posting of the initial eligibility list or such | 18 |
| claim shall be deemed waived. Final eligibility registers shall | 19 |
| be established after the awarding of verified preference | 20 |
| points, and appointment from the final register shall be | 21 |
| subject to the applicant passing the qualifying standards for | 22 |
| moral character and health respectively. All conditional | 23 |
| offers of employment shall be subject to the commission's | 24 |
| initial hire background review including criminal history, | 25 |
| employment history, moral character, oral examination, and | 26 |
| medical examinations all on a pass-fail basis, with the medical |
|
|
|
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| 1 |
| examinations to be conducted last. | 2 |
| Any person placed on an eligibility list who exceeds the | 3 |
| age requirement before being appointed to a fire department | 4 |
| shall remain eligible for appointment until the list is | 5 |
| abolished, or his or her name has been on the list for a period | 6 |
| of 3 years. No person who has attained the age of 35 years | 7 |
| shall be inducted into a fire department, except as otherwise | 8 |
| provided in this Section. | 9 |
| The commission shall strike off the names of candidates for | 10 |
| original appointment after the names have been on the list for | 11 |
| more than 3 years. | 12 |
| (i) Moral character. No person shall be appointed to a fire | 13 |
| department unless he or she is a person of good character; not | 14 |
| a habitual drunkard, a gambler, or a person who has been | 15 |
| convicted of a felony or a crime involving moral turpitude. | 16 |
| However, no person shall be disqualified from appointment to | 17 |
| the fire department because of such person's record of | 18 |
| misdemeanor convictions except those under Sections 11-6, | 19 |
| 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 20 |
| 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 21 |
| 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 22 |
| 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or | 23 |
| arrest for any cause without conviction thereon. Any such | 24 |
| person who is in the department may be removed on charges | 25 |
| brought and after a trial as hereinafter provided. | 26 |
| A classifiable set of the fingerprints of every person who |
|
|
|
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| 1 |
| is offered employment as a certificated member of an affected | 2 |
| fire department whether with or without compensation, shall be | 3 |
| furnished to the Illinois Department of State Police and to the | 4 |
| Federal Bureau of Investigation by the commission. | 5 |
| Whenever a commission is authorized or required by law to | 6 |
| consider some aspect of criminal history record information for | 7 |
| the purpose of carrying out its statutory powers and | 8 |
| responsibilities, then, upon request and payment of fees in | 9 |
| conformance with the requirements of Section 2605-400 of the | 10 |
| State Police Law of the Civil Administrative Code of Illinois, | 11 |
| the Department of State Police is authorized to furnish, | 12 |
| pursuant to positive identification, such information | 13 |
| contained in State files as is necessary to fulfill the | 14 |
| request. | 15 |
| (j) Temporary appointments. In order to prevent a stoppage | 16 |
| of public business, to meet extraordinary exigencies, or to | 17 |
| prevent material impairment of the fire department, the | 18 |
| commission may make temporary appointments, to remain in force | 19 |
| until regular appointments may be made under the provisions of | 20 |
| this Division, but never to exceed 60 days. No temporary | 21 |
| appointment of any one person shall be made more than twice in | 22 |
| any calendar year. | 23 |
| (k) A person who knowingly divulges or receives test | 24 |
| questions or answers before a written examination, or otherwise | 25 |
| knowingly violates or subverts any requirement of this Section | 26 |
| commits a violation of this Section and may be subject to |
|
|
|
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| 1 |
| charges for official misconduct. | 2 |
| A person who is the knowing recipient of test information | 3 |
| in advance of the examination shall be disqualified from the | 4 |
| examination or discharged from the position to which he or she | 5 |
| was appointed, as applicable and otherwise subjected to | 6 |
| disciplinary actions. | 7 |
| (65 ILCS 5/10-2.1-6.4 new) | 8 |
| Sec. 10-2.1-6.4. Alternate procedure; original | 9 |
| appointment; full-time firefighter. | 10 |
| (a) Authority. The State Fire Marshal shall be authorized | 11 |
| to enter into intergovernmental agreements with local | 12 |
| commissions to provide for the recruitment of applicants and to | 13 |
| conduct testing of interested applicants on a regional or | 14 |
| statewide basis for the purpose of establishing a master | 15 |
| register of eligibles for firefighters and | 16 |
| firefighter-paramedics. | 17 |
| (b) Eligibility. Persons eligible for placement on the | 18 |
| master 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 such tests and the minimum | 24 |
| passing score required for placement on this list shall be | 25 |
| as is set forth in this Section. |
|
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| Qualified candidates shall be listed on the master | 2 |
| register of eligibles in highest to lowest rank order based | 3 |
| upon their test scores without regard to their date of | 4 |
| examination. Candidates listed on the master register of | 5 |
| eligibles shall be eligible for appointment for 3 years | 6 |
| from the date of the certification of their final score on | 7 |
| the register without regard to their date of examination. | 8 |
| After 3 years the candidate's name shall be struck from the | 9 |
| list. | 10 |
| Any person currently employed as a full-time member of | 11 |
| a fire department appointed pursuant to Division 1 of | 12 |
| Article 10 of the Illinois Municipal Code, Division 2.1 of | 13 |
| Article 10 of the Illinois Municipal Code, or the Fire | 14 |
| Protection District Act and who during the previous 12 | 15 |
| months participated in and received a passing score on the | 16 |
| physical ability component of the test as provided by this | 17 |
| Section may request that his or her name be added to the | 18 |
| master register. Any such persons may be offered employment | 19 |
| by a local commission under the same procedures as provided | 20 |
| by this Section except that the apprenticeship period may | 21 |
| be waived and the applicant may be immediately issued a | 22 |
| certificate of original appointment by the local | 23 |
| commission. | 24 |
| (c) Qualifications for placement on register of eligibles. | 25 |
| The purpose for establishing a master register of eligibles | 26 |
| shall be to identify applicants who possess and demonstrate the |
|
|
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| mental aptitude, physical ability, and qualities of character | 2 |
| to perform the duties required of members of the fire | 3 |
| department in order to provide the highest quality of service | 4 |
| to the public. To this end all applicants for original | 5 |
| appointment to an affected fire department through examination | 6 |
| conducted by a regional process, shall be subject to | 7 |
| examination and testing which shall be public, competitive, and | 8 |
| open to all applicants. All qualifying and disqualifying | 9 |
| factors applicable to examination processes for local | 10 |
| commissions in this amendatory Act shall be applicable to | 11 |
| persons participating in regional examinations unless | 12 |
| specifically provided otherwise in this Section. | 13 |
| Notice of the time, place, general scope, and fee of every | 14 |
| regional examination shall be given by the Fire Marshal or | 15 |
| designated testing agency, as applicable, by a publication at | 16 |
| least 2 weeks preceding the examination, in one or more | 17 |
| newspapers published in the region, or if no newspaper is | 18 |
| published therein, then in one or more newspapers with a | 19 |
| general circulation within the region. Additional notice of the | 20 |
| examination may be given as the Fire Marshal shall prescribe. | 21 |
| (d) Examination and testing components for placement on | 22 |
| register of eligibles. The examination and qualifying | 23 |
| standards for placement on the master register of eligibles and | 24 |
| employment shall be based on the following components: mental | 25 |
| aptitude, physical ability, preferences, moral character, and | 26 |
| health. The mental aptitude, physical ability, and preference |
|
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| components will determine an applicant's qualification for and | 2 |
| placement on the master register of eligibles. The | 3 |
| consideration of an applicant's general moral character and | 4 |
| health shall be administered on a pass-fail basis after a | 5 |
| conditional offer of employment is made by a local commission. | 6 |
| (e) Mental aptitude. Examination of an applicant's mental | 7 |
| aptitude shall be based upon written examination and an | 8 |
| applicant's prior experience demonstrating an aptitude for and | 9 |
| commitment to service as a member of a fire department. Written | 10 |
| examinations shall be practical in character and relate to | 11 |
| those matters which will fairly test the capacity of the | 12 |
| persons examined to discharge the duties performed by members | 13 |
| of a fire department. Written examinations shall be | 14 |
| administered in a manner that ensures the security and accuracy | 15 |
| of the scores achieved. No person shall be placed on a register | 16 |
| of eligibles that does not possess a high school diploma or an | 17 |
| equivalent high school education. Local commissions may | 18 |
| establish educational, emergency medical service licensure, | 19 |
| and other pre-requisites for hire within their jurisdiction. | 20 |
| (f) Physical ability. All candidates shall be required to | 21 |
| undergo an examination of their physical ability to perform the | 22 |
| essential functions included in the duties they may be called | 23 |
| upon to perform as a member of a fire department. For the | 24 |
| purposes of this Section, essential functions of the job are | 25 |
| functions associated with duties that a firefighter may be | 26 |
| called upon to perform in response to emergency calls. The |
|
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| frequency of the occurrence of such duties as part of the fire | 2 |
| department's regular routine shall not be a controlling factor | 3 |
| in the design of examination criteria or evolutions selected | 4 |
| for testing. Such examinations shall be open, competitive, and | 5 |
| based on industry standards designed to test each applicant's | 6 |
| physical abilities in each of the following dimensions (or | 7 |
| similar test designed to ensure the successful candidates are | 8 |
| able to perform the essential functions of a firefighter's job | 9 |
| description): | 10 |
| (1) Muscular strength to perform evolutions and tasks | 11 |
| that may be required in the performance of duties including | 12 |
| grip strength, leg strength, and arm strength. Tests shall | 13 |
| be conducted under anaerobic as well as aerobic conditions | 14 |
| to test both the candidate's speed and endurance in | 15 |
| performing tasks and evolutions. Tasks tested are to be | 16 |
| based on industry standards developed by the State Fire | 17 |
| Marshal by rule. | 18 |
| (2) The ability to climb ladders, operate from heights, | 19 |
| walk or crawl in the dark along narrow and uneven surfaces, | 20 |
| and operate in proximity to hazardous environments. | 21 |
| (3) The ability to carry out critical, time-sensitive, | 22 |
| complex problem solving during physical exertion in | 23 |
| stressful, hazardous environments, including hot, dark, | 24 |
| tightly enclosed spaces, that is further aggravated by | 25 |
| fatigue, flashing lights, sirens, and other distractions. | 26 |
| (g) Scoring of examination components. The examination |
|
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| components shall be graded on a 100-point scale. A person's | 2 |
| position on the master register of eligibles shall be | 3 |
| determined by the person's score on the written examination, | 4 |
| the person successfully passing the physical ability | 5 |
| component, and the addition of any applicable preference | 6 |
| points. | 7 |
| Applicants who have achieved at least the mean score of all | 8 |
| applicants participating in the written examination at the same | 9 |
| time, and who successfully pass the physical ability | 10 |
| examination will be placed on the initial eligibility register. | 11 |
| For placement on the final eligibility register, the passing | 12 |
| score shall be determined by (i) calculating the mean score for | 13 |
| all applicants participating in the written test; and (ii) | 14 |
| adding 20% to the mean score. Applicants whose total scores, | 15 |
| including any applicable preference points, are above the mean | 16 |
| score plus 20%, shall be placed on the master register of | 17 |
| eligibles by the State Fire Marshal. | 18 |
| These persons shall take rank upon the register as | 19 |
| candidates in the order of their relative excellence based on | 20 |
| the highest to the lowest total points scored on the mental | 21 |
| aptitude and physical ability components, plus any applicable | 22 |
| preference points requested and verified by the State Fire | 23 |
| Marshal, or approved testing agency. | 24 |
| No later than 60 days after each examination, a revised | 25 |
| master register of eligibles shall be posted by the Fire | 26 |
| Marshal which shall show the final grades of the candidates |
|
|
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| without reference to priority of time of examination. | 2 |
| (h) Preferences. The board shall give military, education, | 3 |
| and experience preference points to those who qualify for | 4 |
| placement on the master register of eligibles, on the same | 5 |
| basis as provided for examinations administered by a local | 6 |
| commission. | 7 |
| No person entitled to preference or credit shall be | 8 |
| required to claim such credit before any examination held under | 9 |
| the provisions of this Section but such preference shall be | 10 |
| given after the posting or publication of the applicant's | 11 |
| initial score at the request of such person before finalizing | 12 |
| the scores from all applicants taking part in a regional | 13 |
| examination. Candidates who are eligible for preference credit | 14 |
| shall make a claim in writing within 10 days after the posting | 15 |
| of the initial scores from any regional test or such claim | 16 |
| shall be deemed waived. Once preference points are awarded, the | 17 |
| candidates will be certified to the master register in | 18 |
| accordance with their final score including preference points. | 19 |
| (i) Firefighter apprentice and firefighter-paramedic | 20 |
| apprentice. The employment of an applicant to an apprentice | 21 |
| position (including a currently employed full-time member of a | 22 |
| fire department whose apprenticeship may be reduced or waived) | 23 |
| shall be subject to the applicant's passing the moral character | 24 |
| standards and health examinations of the local commission. In | 25 |
| addition, a local commission may require as a condition of | 26 |
| employment that the applicant demonstrate current physical |
|
|
|
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| 1 |
| ability by either passing the local commission's approved | 2 |
| physical ability examination, or by presenting proof of | 3 |
| participating in and receiving a passing score on the physical | 4 |
| ability component of a regional test within a period of up to | 5 |
| 12 months before the date of the conditional offer of | 6 |
| employment. All conditional offers of employment shall be | 7 |
| subject to the local commission's initial hire background | 8 |
| review including criminal history, employment history, moral | 9 |
| character, oral examination, and medical examinations all on a | 10 |
| pass-fail basis, with the medical examinations to be conducted | 11 |
| last. | 12 |
| (j) Selection from list. Any municipality or fire | 13 |
| protection district that is a party to an intergovernmental | 14 |
| agreement under the terms of which persons have been tested for | 15 |
| placement on the master register of eligibles shall be entitled | 16 |
| to offer employment to any person on the list irrespective of | 17 |
| their ranking on the list. The offer of employment shall be to | 18 |
| the position of firefighter apprentice or | 19 |
| firefighter-paramedic apprentice. | 20 |
| Applicants passing such tests may be employed as | 21 |
| firefighter apprentices or firefighter-paramedic apprentices | 22 |
| who shall serve an apprenticeship period of 12 months or less | 23 |
| according to such terms and conditions of employment as the | 24 |
| employing municipality or district offers, or as are provided | 25 |
| for under the terms of any collective bargaining agreement then | 26 |
| in effect. Any probationary period set by the local commission |
|
|
|
09600HB1627ham001 |
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| 1 |
| shall apply to all new members. | 2 |
| Service during the apprenticeship period shall be on a | 3 |
| probationary basis. During such apprenticeship period the | 4 |
| apprentice's training and performance shall be monitored and | 5 |
| evaluated by a Joint Apprenticeship Committee. The Joint | 6 |
| Apprenticeship Committee shall consist of 4 members who shall | 7 |
| be regular members of the fire department with at least 10 | 8 |
| years of full-time work experience as a firefighter or | 9 |
| firefighter-paramedic. The fire chief and the president of the | 10 |
| exclusive bargaining representative recognized by the employer | 11 |
| shall each appoint 2 members to the Joint Apprenticeship | 12 |
| Committee. In the absence of an exclusive collective bargaining | 13 |
| representative, the chief shall appoint the remaining 2 members | 14 |
| who shall be from the ranks of company officer and firefighter | 15 |
| with at least 10 years of work experience as a firefighter or | 16 |
| firefighter-paramedic. In the absence of a sufficient number of | 17 |
| qualified firefighters, the Joint Apprenticeship Committee | 18 |
| members shall have the experience and qualifications as is | 19 |
| reasonable given the circumstances of the fire department. In | 20 |
| the absence of a full-time member in a rank between chief and | 21 |
| the highest rank in a bargaining unit, the Joint Apprenticeship | 22 |
| Committee shall be reduced to 2 members, one to be appointed by | 23 |
| the chief and one by the union president, if any. If there is | 24 |
| no exclusive bargaining representative, the chief shall | 25 |
| appoint the second member of the Joint Apprenticeship Committee | 26 |
| from among qualified members in the ranks of company officer |
|
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| and below. Before the conclusion of the apprenticeship period, | 2 |
| the Joint Apprenticeship Committee shall meet to consider the | 3 |
| apprentice's progress and performance and vote to retain the | 4 |
| apprentice as a member of the fire department or to terminate | 5 |
| the apprenticeship. If 3 of the 4 members of the Joint | 6 |
| Apprenticeship Committee affirmatively vote to retain the | 7 |
| apprentice (if a 2 member Joint Apprenticeship Committee | 8 |
| exists, then both members must affirmatively vote to retain the | 9 |
| apprentice), the local commission shall issue the apprentice a | 10 |
| certificate of original appointment to the fire department. | 11 |
| (k) A person who knowingly divulges or receives test | 12 |
| questions or answers before a written examination, or otherwise | 13 |
| knowingly violates or subverts any requirement of this Section | 14 |
| commits a violation of this Section and may be subject to | 15 |
| charges for official misconduct. | 16 |
| A person who is the knowing recipient of test information | 17 |
| in advance of the examination shall be disqualified from the | 18 |
| examination or discharged from the position to which he or she | 19 |
| was appointed, as applicable and otherwise subjected to | 20 |
| disciplinary actions. | 21 |
| Section 10. The Fire Protection District Act is amended by | 22 |
| changing Section 16.04a and by adding Sections 16.06b and | 23 |
| 16.06c as follows:
| 24 |
| (70 ILCS 705/16.04a) (from Ch. 127 1/2, par. 37.04a)
|
|
|
|
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| Sec. 16.04a.
The board of fire commissioners shall appoint | 2 |
| all
officers and members of the fire departments of the | 3 |
| district, except the
Chief of the fire department. The board of | 4 |
| trustees shall appoint the Chief
of the fire department, who | 5 |
| shall serve at the pleasure of the board, and may
enter into a | 6 |
| multi-year contract not exceeding 3 years with the Chief.
| 7 |
| If a member of the department is appointed Chief of the | 8 |
| fire department
prior to being eligible to retire on pension he | 9 |
| shall be considered as on
furlough from the rank he held | 10 |
| immediately prior to his appointment as
Chief. If he resigns as | 11 |
| Chief or is discharged as Chief prior to attaining
eligibility | 12 |
| to retire on pension, he shall revert to and be established in
| 13 |
| such prior rank, and thereafter be entitled to all the benefits | 14 |
| and
emoluments of such prior rank, without regard as to whether | 15 |
| a vacancy then
exists in such rank. In such instances, the | 16 |
| Chief shall be deemed to have
continued to accrue seniority in | 17 |
| the department during his period of
service as Chief, or time | 18 |
| in grade in his former rank to which he shall
revert during his | 19 |
| period of service as Chief, except solely for purposes of
any | 20 |
| layoff as provided in Section 16.13b hereafter.
| 21 |
| All appointments to each department other than that of the | 22 |
| lowest rank,
however, shall be from the rank next below that to | 23 |
| which the appointment is
made, except that the Chief of the | 24 |
| fire department may be appointed from
among members of the fire | 25 |
| department, regardless of rank.
| 26 |
| The sole authority to issue certificates of appointment |
|
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| shall be vested
in the board of fire commissioners and all | 2 |
| certificates of appointments
issued to any officer or member of | 3 |
| the fire department shall be signed by
the chairman and | 4 |
| secretary respectively of the board of fire commissioners
upon | 5 |
| appointment of such officer or member of the fire department by | 6 |
| action
of the board of fire commissioners.
| 7 |
| To the extent that this Section or any other Section in | 8 |
| this Act conflicts with Section 16.06b or 16.06c, then Section | 9 |
| 16.06b or 16.06c shall control. | 10 |
| (Source: P.A. 91-948, eff. 1-1-02.)
| 11 |
| (70 ILCS 705/16.06b new) | 12 |
| Sec. 16.06b. Original appointments; full-time fire | 13 |
| department. | 14 |
| (a) Applicability. Unless a commission elects to follow the | 15 |
| provisions of Section 16.06c, this Section shall apply to all | 16 |
| original appointments to an affected full-time fire | 17 |
| department. Existing registers of eligibles shall continue to | 18 |
| be valid until their expiration dates, or up to a maximum of 2 | 19 |
| years after the effective date of this amendatory Act of the | 20 |
| 96th General Assembly. | 21 |
| Notwithstanding any statute, ordinance, rule, or other law | 22 |
| to the contrary, all original appointments to an affected | 23 |
| department to which this Section applies shall be administered | 24 |
| in the manner provided for in this Section. Provisions of the | 25 |
| Illinois Municipal Code, Fire Protection District Act, fire |
|
|
|
09600HB1627ham001 |
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| 1 |
| district ordinances, or rules adopted pursuant to such | 2 |
| authority and other laws relating to initial hiring of | 3 |
| firefighters in affected departments shall continue to apply to | 4 |
| the extent they are compatible with this Section, but in the | 5 |
| event of conflict between this Section and any other law, this | 6 |
| Section shall control. | 7 |
| (b) Original appointments. All original appointments made | 8 |
| to an affected fire department shall be made from a register of | 9 |
| eligibles established in accordance with the processes | 10 |
| required by this Section. Only persons who meet or exceed the | 11 |
| performance standards established by the Section shall be | 12 |
| placed on a register of eligibles for original appointment to | 13 |
| an affected fire department. | 14 |
| Whenever an appointing authority authorizes action to hire | 15 |
| a firefighter to fill a new position or vacancy due to | 16 |
| resignation, discharge, promotion, death, or the granting of a | 17 |
| disability or retirement pension, or any other cause, the | 18 |
| appointing authority shall appoint to that position the person | 19 |
| with the highest ranking on the final eligibility list, except | 20 |
| that the appointing authority shall have the right to pass over | 21 |
| that person and appoint the next highest ranked person on the | 22 |
| list if the appointing authority has reason to conclude that | 23 |
| the highest ranked person fails to meet the minimum standards | 24 |
| for the position after a conditional offer of employment has | 25 |
| been made. | 26 |
| Any candidate may pass on an appointment once without |
|
|
|
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| losing his or her position on the register of eligibles. Any | 2 |
| candidate who passes a second time shall be removed from the | 3 |
| list provided that such action shall not prejudice a person's | 4 |
| opportunities to participate in future examinations, including | 5 |
| an examination held during the time a candidate is already on | 6 |
| the fire district's register of eligibles. | 7 |
| The sole authority to issue certificates of appointment | 8 |
| shall be vested in the board of fire commissioners, or board of | 9 |
| trustees serving in the capacity of a board of fire | 10 |
| commissioners. All certificates of appointments issued to any | 11 |
| officer or member of an affected department shall be signed by | 12 |
| the chairperson and secretary, respectively, of the commission | 13 |
| upon appointment of such officer or member to the affected | 14 |
| department by action of the commission. Persons who have | 15 |
| accepted certificates of appointment and successfully | 16 |
| completed their probationary period shall be classified as | 17 |
| regular members of the fire department. | 18 |
| (c) Qualification for placement on register of eligibles. | 19 |
| The purpose for establishing a register of eligibles shall be | 20 |
| to identify applicants who possess and demonstrate the mental | 21 |
| aptitude, physical ability, and qualities of character to | 22 |
| perform the duties required of members of the fire department | 23 |
| in order to provide the highest quality of service to the | 24 |
| public. To this end all applicants for original appointment to | 25 |
| an affected fire department shall be subject to examination and | 26 |
| testing which shall be public, competitive, and open to all |
|
|
|
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| 1 |
| applicants unless the district shall by ordinance limit | 2 |
| applicants to electors of the district, county, State, or | 3 |
| nation. Districts may establish educational, emergency medical | 4 |
| service licensure, and other pre-requisites for participation | 5 |
| in an examination, or for hire as a firefighter. Any fee to | 6 |
| cover the costs of the application process shall not exceed | 7 |
| $25. | 8 |
| Residency requirements in effect at the time an individual | 9 |
| enters the fire service of a district cannot be made more | 10 |
| restrictive for that individual during his or her period of | 11 |
| service for that district, or be made a condition of promotion, | 12 |
| except for the rank or position of fire chief and for up to 2 | 13 |
| individuals holding the rank immediately below that of the | 14 |
| chief rank which are appointed positions pursuant to the Fire | 15 |
| Department Promotion Act. | 16 |
| No person who has attained his or her 35th birthday shall | 17 |
| be eligible to take an examination for a position as a | 18 |
| firefighter unless the person has had previous employment | 19 |
| status as a firefighter in the regularly constituted fire | 20 |
| department of the district, except as provided in this Section. | 21 |
| The age limitation does not apply to: | 22 |
| (1) any person previously employed as a firefighter in | 23 |
| a regularly constituted fire department of (i) any | 24 |
| municipality or fire protection district, regardless of | 25 |
| whether the municipality or fire protection district is | 26 |
| located in Illinois or in another state, (ii) a fire |
|
|
|
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| 1 |
| protection district whose obligations were assumed by a | 2 |
| municipality under Section 21 of the Fire Protection | 3 |
| District Act, or (iii) a municipality whose obligations | 4 |
| were taken over by a fire protection district; or | 5 |
| (2) to any person who has served a fire district as a | 6 |
| regularly enrolled volunteer, paid-on-call, or part-time | 7 |
| firefighter for 5 years immediately preceding the time that | 8 |
| district begins to use full-time firefighters to provide | 9 |
| all or part of its fire protection service. | 10 |
| Applicants who are 18 years of age and who have | 11 |
| successfully completed 2 years of study in fire techniques, | 12 |
| amounting to a total of 4 high school credits, within the cadet | 13 |
| program of a municipality or fire protection district may be | 14 |
| considered for appointment to active duty with the fire | 15 |
| department of any district. | 16 |
| No applicant shall be examined concerning his or her | 17 |
| political or religious opinions or affiliations. The | 18 |
| examinations shall be conducted by the commissioners of the | 19 |
| district or their designees and agents. | 20 |
| No district shall require that any firefighter appointed to | 21 |
| the lowest rank serve a probationary employment period of | 22 |
| longer than one year of actual active employment, which may | 23 |
| exclude periods of training, or injury or illness leaves, | 24 |
| including duty related leave, in excess of 30 calendar days. | 25 |
| Notwithstanding anything to the contrary in this Section, the | 26 |
| probationary employment period limitation may be extended for a |
|
|
|
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| 1 |
| firefighter who is required, as a condition of employment, to | 2 |
| be a certified paramedic, during which time the sole reason | 3 |
| that a firefighter may be discharged without a hearing is for | 4 |
| failing to meet the requirements for paramedic certification. | 5 |
| In the event that any applicant, who has been found | 6 |
| eligible for appointment and whose name has been placed upon | 7 |
| the final eligibility register provided for in this Section, | 8 |
| has not been appointed to a firefighter position within one | 9 |
| year from the date of his or her physical ability examination, | 10 |
| the commission may cause a second examination to be made of | 11 |
| such applicant's physical ability prior to his or her | 12 |
| appointment. If, upon such second examination, the physical | 13 |
| ability of the applicant shall be found to be less than the | 14 |
| minimum standard fixed by the rules of such commission, the | 15 |
| applicant shall not be appointed. The name of such applicant | 16 |
| shall be retained upon the register of candidates eligible for | 17 |
| appointment and when again reached for certification and | 18 |
| appointment such applicant shall be again examined as herein | 19 |
| provided, and if the physical ability of such applicant shall | 20 |
| again be found to be less than the minimum standard fixed by | 21 |
| the rules of the commission, the applicant shall not be | 22 |
| appointed and the name of the applicant shall be removed from | 23 |
| the register. | 24 |
| (d) Notice, examination, and testing components. Notice of | 25 |
| the time, place, general scope, and fee of every examination | 26 |
| shall be given by the commission, by a publication at least 2 |
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| weeks preceding the examination, in one or more newspapers | 2 |
| published in the district, or if no newspaper is published | 3 |
| therein, then in one or more newspapers of general circulation | 4 |
| within the district. Additional notice of the examination may | 5 |
| be given as the commission shall prescribe. | 6 |
| The examination and qualifying standards for employment of | 7 |
| firefighters shall be based on: mental aptitude, physical | 8 |
| ability, preferences, moral character, and health. The mental | 9 |
| aptitude, physical ability, and preference components will | 10 |
| determine an applicant's qualification for and placement on the | 11 |
| final register of eligibles. The consideration of an | 12 |
| applicant's general moral character and health shall be | 13 |
| administered on a pass-fail basis after a conditional offer of | 14 |
| employment is made by the commission. | 15 |
| (e) Mental aptitude. No person shall be placed on a | 16 |
| register of eligibles that does not possess a high school | 17 |
| diploma or an equivalent high school education. Examination of | 18 |
| an applicant's mental aptitude shall be based upon written | 19 |
| examination which shall be practical in character and relate to | 20 |
| those matters which will fairly test the capacity of the | 21 |
| persons examined to discharge the duties performed by members | 22 |
| of a fire department. Written examinations shall be | 23 |
| administered in a manner that ensures the security and accuracy | 24 |
| of the scores achieved. | 25 |
| (f) Physical ability. All candidates shall be required to | 26 |
| undergo an examination of their physical ability to perform the |
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| essential functions included in the duties they may be called | 2 |
| upon to perform as a member of a fire department. For the | 3 |
| purposes of this Section, essential functions of the job are | 4 |
| functions associated with duties that a firefighter may be | 5 |
| called upon to perform in response to emergency calls. The | 6 |
| frequency of the occurrence of such duties as part of the fire | 7 |
| department's regular routine shall not be a controlling factor | 8 |
| in the design of examination criteria or evolutions selected | 9 |
| for testing. Such examinations shall be open, competitive, and | 10 |
| based on industry standards designed to test each applicant's | 11 |
| physical abilities in the following dimensions (or similar test | 12 |
| designed to ensure the successful candidates are able to | 13 |
| perform the essential functions of the firefighter's job | 14 |
| description): | 15 |
| (1) Muscular strength to perform tasks and evolutions | 16 |
| that may be required in the performance of duties including | 17 |
| grip strength, leg strength, and arm strength. Tests shall | 18 |
| be conducted under anaerobic as well as aerobic conditions | 19 |
| to test both the candidate's speed and endurance in | 20 |
| performing tasks and evolutions. Tasks tested may be based | 21 |
| on standards developed, or approved, by the local | 22 |
| appointing authority. | 23 |
| (2) The ability to climb ladders, operate from heights, | 24 |
| walk or crawl in the dark along narrow and uneven surfaces, | 25 |
| and operate in proximity to hazardous environments. | 26 |
| (3) The ability to carry out critical, time-sensitive, |
|
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|
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| 1 |
| complex problem solving during physical exertion in | 2 |
| stressful, hazardous environments, including hot, dark, | 3 |
| tightly enclosed spaces, that is further aggravated by | 4 |
| fatigue, flashing lights, sirens, and other distractions. | 5 |
| Physical ability examinations administered under this | 6 |
| Section shall be conducted with a reasonable number of proctors | 7 |
| and monitors, open to the public, and subject to reasonable | 8 |
| regulations of the commission. | 9 |
| (g) Scoring of examination components. The examination | 10 |
| components shall be graded on a 100-point scale. A person's | 11 |
| position on the list shall be determined by the following: (i) | 12 |
| the person's score on the written examination, (ii) the | 13 |
| person's successfully passing the physical ability component, | 14 |
| and (iii) the addition of any applicable preference points. | 15 |
| Applicants who have achieved at least the mean score of all | 16 |
| applicants participating in the written examination at the same | 17 |
| time, and who successfully pass the physical ability | 18 |
| examination will be placed on the initial eligibility register. | 19 |
| For placement on the final eligibility register, the passing | 20 |
| score shall be determined by (i) calculating the mean score for | 21 |
| all applicants participating in the written test; and (ii) | 22 |
| adding 20% to the mean score. Applicants whose total scores, | 23 |
| including any applicable preference points, are equal to or | 24 |
| above the mean score plus 20%, shall be placed on the final | 25 |
| register of eligibles by the commission. | 26 |
| The commission shall prepare and keep a register of persons |
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| whose total score is not less than the minimum fixed by this | 2 |
| Section. These persons shall take rank upon the register as | 3 |
| candidates in the order of their relative excellence based on | 4 |
| the highest to the lowest total points scored on the mental | 5 |
| aptitude, physical ability, and preference components of the | 6 |
| test administered in accordance with this Section. | 7 |
| Commissions may conduct additional examinations after a | 8 |
| final eligibility register is established and before it expires | 9 |
| with the candidates ranked by total score without regard to | 10 |
| date of examination. No later than 60 days after each | 11 |
| examination, an initial eligibility list shall be posted by the | 12 |
| commission which shall show the final grades of the candidates | 13 |
| without reference to priority of time of examination and | 14 |
| subject to claim for preference credit. | 15 |
| (h) Preferences. The following are preferences: | 16 |
| (1) Veteran preference. Persons who were engaged in the | 17 |
| military service of the United States for a period of at | 18 |
| least one year of active duty and who were honorably | 19 |
| discharged therefrom, or who are now or have been members | 20 |
| on inactive or reserve duty in such military or naval | 21 |
| service, shall be preferred for appointment and employment | 22 |
| in the fire department of an affected 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 commission of any municipality or fire |
|
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| district shall be preferred for appointment and employment | 2 |
| in the fire department. | 3 |
| (3) Educational preference. Persons who have | 4 |
| successfully obtained an associate's degree in the field of | 5 |
| fire service, or emergency medical services, or a | 6 |
| bachelor's degree from an accredited college or university | 7 |
| shall be preferred for appointment and employment in the | 8 |
| fire department. | 9 |
| (4) Paramedic preference. Persons who have obtained | 10 |
| certification as an Emergency Medical Technician-Paramedic | 11 |
| (EMT-P) shall be preferred for appointment and employment | 12 |
| in the fire department of an affected department providing | 13 |
| emergency medical services. | 14 |
| (5) Experience preference. All persons who have been | 15 |
| paid-on-call or part-time certified Firefighter II, State | 16 |
| of Illinois or nationally licensed EMT-B or EMT-I, or any | 17 |
| combination thereof, of the district shall be awarded 0.5 | 18 |
| point for each year of successful service in one or more of | 19 |
| those capacities, up to a maximum of 5 points. Certified | 20 |
| Firefighter III and State of Illinois or nationally | 21 |
| licensed paramedics shall be awarded one point per year up | 22 |
| to a maximum of 5 points. Applicants from outside the | 23 |
| district who were employed as full-time firefighters or | 24 |
| firefighter-paramedics by a fire protection district or | 25 |
| municipality for at least 2 years shall have the same | 26 |
| preference as paid-on-call or part-time personnel. These |
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09600HB1627ham001 |
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| additional points presuppose a rating scale totaling 100 | 2 |
| points available for the eligibility list. If more or fewer | 3 |
| points are used in the rating scale for the eligibility | 4 |
| list, the points awarded under this subsection shall be | 5 |
| increased or decreased by a factor equal to the total | 6 |
| possible points available for the examination divided by | 7 |
| 100. | 8 |
| Upon request by the commission, the governing body of | 9 |
| the district or (in the case of applicants from outside the | 10 |
| district) the governing body of any other fire protection | 11 |
| district or any municipality shall certify to the | 12 |
| commission, within 10 days of the request, the number of | 13 |
| years of successful paid-on-call, part-time, or full-time | 14 |
| service of any person. A candidate may not receive the full | 15 |
| amount of the preference points under this subsection if | 16 |
| the amount of points awarded would place the candidate | 17 |
| before a veteran on the eligibility list. If more than one | 18 |
| candidate receiving experience preference points is | 19 |
| prevented from receiving all of their points due to not | 20 |
| being allowed to pass a veteran, the candidates shall be | 21 |
| placed on the list below the veteran in rank order based on | 22 |
| the totals received if all points under this subsection | 23 |
| were to be awarded. Any remaining ties on the list shall be | 24 |
| determined by lot. | 25 |
| (6) Scoring of preferences. Preference points shall be | 26 |
| awarded in the order listed in items (1) through (5). The |
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| 1 |
| commission shall give preference for original appointment | 2 |
| to persons designated in items (1) through (4) by adding to | 3 |
| the final grade which they receive 5 points for each | 4 |
| recognized preference achieved. Experience preference of | 5 |
| up to 5 points shall then be added in accordance with item | 6 |
| (5). The numerical result thus attained shall be applied by | 7 |
| the commission in determining the final eligibility list | 8 |
| and appointment from such eligibility list. | 9 |
| No person entitled to any preference shall be required to | 10 |
| claim such credit before any examination held under the | 11 |
| provisions of this Section but such preference shall be given | 12 |
| after the posting or publication of the initial eligibility | 13 |
| list or register at the request of such person before any | 14 |
| certification or appointments are made from the eligibility | 15 |
| register, upon the furnishing of verifiable evidence and proof | 16 |
| of qualifying preference credit. Candidates who are eligible | 17 |
| for preference credit shall make a claim in writing within 10 | 18 |
| days after the posting of the initial eligibility list or such | 19 |
| claim shall be deemed waived. Final eligibility registers shall | 20 |
| be established after the awarding of verified preference | 21 |
| points, and appointment from the final register shall be | 22 |
| subject to the applicant passing the qualifying standards for | 23 |
| moral character and health respectively. All conditional | 24 |
| offers of employment shall be subject to the commission's | 25 |
| initial hire background review including criminal history, | 26 |
| employment history, moral character, oral examination, and |
|
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|
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| 1 |
| medical examinations all on a pass-fail basis, with the medical | 2 |
| examinations to be conducted last. | 3 |
| Any person placed on an eligibility list who exceeds the | 4 |
| age requirement before being appointed to a fire department | 5 |
| shall remain eligible for appointment until the list is | 6 |
| abolished, or their name has been on the list for a period of 3 | 7 |
| years. No person who has attained the age of 35 years shall be | 8 |
| inducted into a fire department, except as otherwise provided | 9 |
| in this Section. | 10 |
| The commission shall strike off the names of candidates for | 11 |
| original appointment after the names have been on the list for | 12 |
| more than 3 years. | 13 |
| (i) Moral character. No person shall be appointed to a fire | 14 |
| department unless he or she is a person of good character; not | 15 |
| a habitual drunkard, a gambler, or a person who has been | 16 |
| convicted of a felony or a crime involving moral turpitude. | 17 |
| However, no person shall be disqualified from appointment to | 18 |
| the fire department because of such person's record of | 19 |
| misdemeanor convictions except those under Sections 11-6, | 20 |
| 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 21 |
| 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 22 |
| 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 23 |
| 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or | 24 |
| arrest for any cause without conviction thereon. Any such | 25 |
| person who is in the department may be removed on charges | 26 |
| brought and after a trial as hereinafter provided. |
|
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| A classifiable set of the fingerprints of every person who | 2 |
| is offered employment as a certificated member of an affected | 3 |
| fire department whether with or without compensation, shall be | 4 |
| furnished to the Illinois Department of State Police and to the | 5 |
| Federal Bureau of Investigation by the commission. | 6 |
| Whenever a commission is authorized or required by law to | 7 |
| consider some aspect of criminal history record information for | 8 |
| the purpose of carrying out its statutory powers and | 9 |
| responsibilities, then, upon request and payment of fees in | 10 |
| conformance with the requirements of Section 2605-400 of the | 11 |
| State Police Law of the Civil Administrative Code of Illinois, | 12 |
| the Department of State Police is authorized to furnish, | 13 |
| pursuant to positive identification, such information | 14 |
| contained in State files as is necessary to fulfill the | 15 |
| request. | 16 |
| (j) Temporary appointments. In order to prevent a stoppage | 17 |
| of public business, to meet extraordinary exigencies, or to | 18 |
| prevent material impairment of the fire department, the | 19 |
| commission may make temporary appointments, to remain in force | 20 |
| until regular appointments may be made under the provisions of | 21 |
| this Section, but never to exceed 60 days. No temporary | 22 |
| appointment of any one person shall be made more than twice in | 23 |
| any calendar year. | 24 |
| (k) A person who knowingly divulges or receives test | 25 |
| questions or answers before a written examination, or otherwise | 26 |
| knowingly violates or subverts any requirement of this Section |
|
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|
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| 1 |
| commits a violation of this Section and may be subject to | 2 |
| charges for official misconduct. | 3 |
| A person who is the knowing recipient of test information | 4 |
| in advance of the examination shall be disqualified from the | 5 |
| examination or discharged from the position to which he or she | 6 |
| was appointed, as applicable and otherwise subjected to | 7 |
| disciplinary actions. | 8 |
| (70 ILCS 705/16.06c new) | 9 |
| Sec. 16.06c. Alternative procedure; original appointment; | 10 |
| full-time firefighter. | 11 |
| (a) Authority. The State Fire Marshal shall be authorized | 12 |
| to enter into intergovernmental agreements with local | 13 |
| commissions to provide for the recruitment of applicants and to | 14 |
| conduct testing of interested applicants on a regional or | 15 |
| statewide basis for the purpose of establishing a master | 16 |
| register of eligibles for firefighters and | 17 |
| firefighter-paramedics. | 18 |
| (b) Eligibility. Persons eligible for placement on the | 19 |
| master register of eligibles shall consist of the following: | 20 |
| Persons who have participated in and received a total | 21 |
| passing score on the mental aptitude, physical ability, and | 22 |
| preference components of a regionally administered test | 23 |
| based on the standards described in this Section. The | 24 |
| standards for administering such tests and the minimum | 25 |
| passing score required for placement on this list shall be |
|
|
|
09600HB1627ham001 |
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| 1 |
| as is set forth in this Section. | 2 |
| Qualified candidates shall be listed on the master | 3 |
| register of eligibles in highest to lowest rank order based | 4 |
| upon their test scores without regard to their date of | 5 |
| examination. Candidates listed on the master register of | 6 |
| eligibles shall be eligible for appointment for 3 years | 7 |
| from the date of the certification of their final score on | 8 |
| the register. After 3 years the candidate's name shall be | 9 |
| struck from the list. | 10 |
| Any person currently employed as a full-time member of | 11 |
| a fire department appointed pursuant to Division 1 of | 12 |
| Article 10 of the Illinois Municipal Code, Division 2.1 of | 13 |
| Article 10 of the Illinois Municipal Code, or the Fire | 14 |
| Protection District Act and who during the previous 12 | 15 |
| months participated in and received a passing score on the | 16 |
| physical ability component of the test as provided by this | 17 |
| Section may request that their names be added to the master | 18 |
| register. Any such persons may be offered employment by a | 19 |
| local commission under the same procedures as provided by | 20 |
| this Section except that the apprenticeship period may be | 21 |
| waived and the applicant may be immediately issued a | 22 |
| certificate of original appointment by the local | 23 |
| commission. | 24 |
| (c) Qualifications for placement on register of eligibles. | 25 |
| The purpose for establishing a master register of eligibles | 26 |
| shall be to identify applicants who possess and demonstrate the |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| mental aptitude, physical ability, and qualities of character | 2 |
| to perform the duties required of members of the fire | 3 |
| department in order to provide the highest quality of service | 4 |
| to the public. To this end all applicants for original | 5 |
| appointment to an affected fire department through examination | 6 |
| conducted by a regional process, shall be subject to | 7 |
| examination and testing which shall be public, competitive, and | 8 |
| open to all applicants. All qualifying and disqualifying | 9 |
| factors applicable to examination processes for local | 10 |
| commissions in this amendatory Act shall be applicable to | 11 |
| persons participating in regional examinations unless | 12 |
| specifically provided otherwise in this Section. | 13 |
| Notice of the time, place, general scope, and fee of every | 14 |
| regional examination shall be given by the Fire Marshal or | 15 |
| designated testing agency, as applicable, by a publication at | 16 |
| least 2 weeks preceding the examination, in one or more | 17 |
| newspapers published in the region, or if no newspaper is | 18 |
| published therein, then in one or more newspapers with a | 19 |
| general circulation within the region. Additional notice of the | 20 |
| examination may be given as prescribed by the Fire Marshal. | 21 |
| (d) Examination and testing components for placement on | 22 |
| register of eligibles. The examination and qualifying | 23 |
| standards for placement on the master register of eligibles and | 24 |
| employment shall be based on the following components: mental | 25 |
| aptitude, physical ability, preferences, moral character, and | 26 |
| health. The mental aptitude, physical ability, and preference |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| components will determine an applicant's qualification for and | 2 |
| placement on the master register of eligibles. The | 3 |
| consideration of an applicant's general moral character and | 4 |
| health shall be administered on a pass-fail basis after a | 5 |
| conditional offer of employment is made by a local commission. | 6 |
| (e) Mental aptitude. Examination of an applicant's mental | 7 |
| aptitude shall be based upon written examination and an | 8 |
| applicant's prior experience demonstrating an aptitude for and | 9 |
| commitment to service as a member of a fire department. Written | 10 |
| examinations shall be practical in character and relate to | 11 |
| those matters which will fairly test the capacity of the | 12 |
| persons examined to discharge the duties performed by members | 13 |
| of a fire department. Written examinations shall be | 14 |
| administered in a manner that ensures the security and accuracy | 15 |
| of the scores achieved. No person shall be placed on a register | 16 |
| of eligibles that does not possess a high school diploma or an | 17 |
| equivalent high school education. Local commissions may | 18 |
| establish educational, emergency medical service licensure, | 19 |
| and other pre-requisites for hire within their jurisdiction. | 20 |
| (f) Physical ability. All candidates shall be required to | 21 |
| undergo an examination of their physical ability to perform the | 22 |
| essential functions included in the duties they may be called | 23 |
| upon to perform as a member of a fire department. For the | 24 |
| purposes of this Section, essential functions of the job are | 25 |
| functions associated with duties that a firefighter may be | 26 |
| called upon to perform in response to emergency calls. The |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
|
| 1 |
| frequency of the occurrence of such duties as part of the fire | 2 |
| department's regular routine shall not be a controlling factor | 3 |
| in the design of examination criteria or evolutions selected | 4 |
| for testing. Such examinations shall be open, competitive, and | 5 |
| based on industry standards designed to test each applicant's | 6 |
| physical abilities in each of the following dimensions (or | 7 |
| similar test designed to ensure the successful candidates are | 8 |
| able to perform the essential functions of a firefighter's job | 9 |
| description): | 10 |
| (1) Muscular strength to perform tasks and evolutions | 11 |
| that may be required in the performance of duties including | 12 |
| grip strength, leg strength, and arm strength. Tests shall | 13 |
| be conducted under anaerobic as well as aerobic conditions | 14 |
| to test both the candidate's speed and endurance in | 15 |
| performing tasks and evolutions. Tasks tested are to be | 16 |
| based on industry standards developed by the State Fire | 17 |
| Marshal by rule. | 18 |
| (2) The ability to climb ladders, operate from heights, | 19 |
| walk or crawl in the dark along narrow and uneven surfaces, | 20 |
| and operate in proximity to hazardous environments. | 21 |
| (3) The ability to carry out critical, time-sensitive, | 22 |
| complex problem solving during physical exertion in | 23 |
| stressful, hazardous environments, including hot, dark, | 24 |
| tightly enclosed spaces, that is further aggravated by | 25 |
| fatigue, flashing lights, sirens, and other distractions. | 26 |
| (g) Scoring of examination components. The examination |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
|
| 1 |
| components shall be graded on a 100-point scale. A person's | 2 |
| position on the master register of eligibles shall be | 3 |
| determined by the person's score on the written examination, | 4 |
| the person successfully passing the physical ability | 5 |
| component, and the addition of any applicable preference | 6 |
| points. | 7 |
| Applicants who have achieved at least the mean score of all | 8 |
| applicants participating in the written examination at the same | 9 |
| time, and who successfully pass the physical ability | 10 |
| examination will be placed on the initial eligibility register. | 11 |
| For placement on the final eligibility register, the passing | 12 |
| score shall be determined by (i) calculating the mean score for | 13 |
| all applicants participating in the written test; and (ii) | 14 |
| adding 20% to the mean score. Applicants whose total scores, | 15 |
| including any applicable preference points, are above the mean | 16 |
| score plus 20%, shall be placed on the master register of | 17 |
| eligibles by the State Fire Marshal. | 18 |
| These persons shall take rank upon the register as | 19 |
| candidates in the order of their relative excellence based on | 20 |
| the highest to the lowest total points scored on the mental | 21 |
| aptitude and physical ability components, plus any applicable | 22 |
| preference points requested and verified by the State Fire | 23 |
| Marshal, or approved testing agency. | 24 |
| No later than 60 days after each examination, a revised | 25 |
| master register of eligibles shall be posted by the Fire | 26 |
| Marshal which shall show the final grades of the candidates |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| without reference to priority of time of examination. | 2 |
| (h) Preferences. The board shall give military, education, | 3 |
| and experience preference points to those who qualify for | 4 |
| placement on the master register of eligibles, on the same | 5 |
| basis as provided for examinations administered by a local | 6 |
| commission. | 7 |
| No person entitled to preference or credit shall be | 8 |
| required to claim such credit before any examination held under | 9 |
| the provisions of this Section but such preference shall be | 10 |
| given after the posting or publication of the applicant's | 11 |
| initial score at the request of such person before finalizing | 12 |
| the scores from all applicants taking part in a regional | 13 |
| examination. Candidates who are eligible for preference credit | 14 |
| shall make a claim in writing within 10 days after the posting | 15 |
| of the initial scores from any regional test or such claim | 16 |
| shall be deemed waived. Once preference points are awarded, the | 17 |
| candidates will be certified to the master register in | 18 |
| accordance with their final score including preference points. | 19 |
| (i) Firefighter apprentice and firefighter-paramedic | 20 |
| apprentice. The employment of an applicant to an apprentice | 21 |
| position (including a currently employed full-time member of a | 22 |
| fire department whose apprenticeship may be reduced or waived) | 23 |
| shall be subject to the applicant's passing the moral character | 24 |
| standards and health examinations of the local commission. In | 25 |
| addition, a local commission may require as a condition of | 26 |
| employment that the applicant demonstrate current physical |
|
|
|
09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| ability by either passing the local commission's approved | 2 |
| physical ability examination, or by presenting proof of | 3 |
| participating in and receiving a passing score on the physical | 4 |
| ability component of a regional test within a period of up to | 5 |
| 12 months before the date of the conditional offer of | 6 |
| employment. All conditional offers of employment shall be | 7 |
| subject to the local commission's initial hire background | 8 |
| review including criminal history, employment history, moral | 9 |
| character, oral examination, and medical examinations all on a | 10 |
| pass-fail basis, with the medical examinations to be conducted | 11 |
| last. | 12 |
| (j) Selection from list. Any municipality or fire | 13 |
| protection district that is a party to an intergovernmental | 14 |
| agreement under the terms of which persons have been tested for | 15 |
| placement on the master register of eligibles shall be entitled | 16 |
| to offer employment to any person on the list irrespective of | 17 |
| their ranking on the list. The offer of employment shall be to | 18 |
| the position of firefighter apprentice or | 19 |
| firefighter-paramedic apprentice. Applicants passing such | 20 |
| tests may be employed as firefighter or firefighter-paramedic | 21 |
| apprentices who shall serve an apprenticeship period of 12 | 22 |
| months or less according to such terms and conditions of | 23 |
| employment as the employing municipality or district offers, or | 24 |
| as are provided for under the terms of any collective | 25 |
| bargaining agreement then in effect. Any probationary period | 26 |
| set by the local commission, shall apply to all new members. |
|
|
|
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LRB096 05195 RLJ 24673 a |
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| Service during the apprenticeship period shall be on a | 2 |
| probationary basis. During such apprenticeship period the | 3 |
| apprentice's training and performance shall be monitored and | 4 |
| evaluated by a Joint Apprenticeship Committee. The Joint | 5 |
| Apprenticeship Committee shall consist of 4 members who shall | 6 |
| be regular members of the fire department with at least 10 | 7 |
| years of full-time work experience as a firefighter or | 8 |
| firefighter-paramedic. The fire chief and the president of the | 9 |
| exclusive bargaining representative recognized by the employer | 10 |
| shall each appoint 2 members to the Joint Apprenticeship | 11 |
| Committee. In the absence of an exclusive collective bargaining | 12 |
| representative, the chief shall appoint the remaining 2 members | 13 |
| who shall be from the ranks of company officer and firefighter | 14 |
| with at least 10 years of work experience as a firefighter or | 15 |
| firefighter-paramedic. In the absence of a sufficient number of | 16 |
| qualified firefighters, the Joint Apprenticeship Committee | 17 |
| members shall have the experience and qualifications as is | 18 |
| reasonable given the circumstances of the fire department. In | 19 |
| the absence of a full-time member in a rank between chief and | 20 |
| the highest rank in a bargaining unit, the Joint Apprenticeship | 21 |
| Committee shall be reduced to 2 members, one to be appointed by | 22 |
| the chief and one by the union president, if any. If there is | 23 |
| no exclusive bargaining representative, the chief shall | 24 |
| appoint the second member of the Joint Apprenticeship Committee | 25 |
| from among qualified members in the ranks of company officer | 26 |
| and below. Before the conclusion of the apprenticeship period, |
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09600HB1627ham001 |
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LRB096 05195 RLJ 24673 a |
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| 1 |
| the Joint Apprenticeship Committee shall meet to consider the | 2 |
| apprentice's progress and performance and vote to retain the | 3 |
| apprentice as a member of the fire department or to terminate | 4 |
| the apprenticeship. If 3 of the 4 members of the Joint | 5 |
| Apprenticeship Committee affirmatively vote to retain the | 6 |
| apprentice (if a 2 member Joint Apprenticeship Committee | 7 |
| exists, then both members must affirmatively vote to retain the | 8 |
| apprentice), the local commission shall issue the apprentice a | 9 |
| certificate of original appointment to the fire department. | 10 |
| (k) A person who knowingly divulges or receives test | 11 |
| questions or answers before a written examination, or otherwise | 12 |
| knowingly violates or subverts any requirement of this Section | 13 |
| commits a violation of this Section and may be subject to | 14 |
| charges for official misconduct. | 15 |
| A person who is the knowing recipient of test information | 16 |
| in advance of the examination shall be disqualified from the | 17 |
| examination or discharged from the position to which he or she | 18 |
| was appointed, as applicable and otherwise subjected to | 19 |
| disciplinary actions.
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| Section 99. Effective date. This Act takes effect upon | 21 |
| becoming law.".
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