Full Text of SB1854 97th General Assembly
SB1854 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB1854 Introduced 2/9/2011, by Sen. Antonio Muñoz SYNOPSIS AS INTRODUCED: |
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50 ILCS 742/5 |
| 50 ILCS 742/70 new | |
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Amends the Fire Department Promotion Act. Provides that "affected department" does not include a municipality with a population over 1,000,000, unless specifically provided for. Provides that any multi-component promotion exam administered by a fire department in a municipality with a population over 1,000,000 must be completed within 120 days after the date on which the first component is administered. Sets forth the required written notices a municipality must send to each applicant.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Department Promotion Act is amended by | 5 | | changing Section 5 and by adding Section 70 as follows:
| 6 | | (50 ILCS 742/5)
| 7 | | Sec. 5. Definitions. In this Act:
| 8 | | "Affected department" or "department" means a full-time | 9 | | municipal fire
department that is subject to a collective | 10 | | bargaining agreement or the fire
department operated by a | 11 | | full-time fire protection district. The terms do not
include | 12 | | fire departments
operated by the State, a university, or , | 13 | | unless otherwise specifically provided for, a municipality | 14 | | with a population over
1,000,000 or any unit of local | 15 | | government other than a municipality or fire
protection | 16 | | district. The terms also do not include a combined department | 17 | | that
was providing both police and firefighting services on | 18 | | January 1, 2002.
| 19 | | "Appointing authority" means the Board of Fire and Police | 20 | | Commissioners,
Board of Fire Commissioners, Civil Service | 21 | | Commissioners, Superintendent
or Department Head, Fire | 22 | | Protection District Board of Trustees, or other
entity having | 23 | | the authority to administer and grant promotions in an affected
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| 1 | | department.
| 2 | | "Promotion" means any appointment or advancement to a rank | 3 | | within the
affected department (1) for which an examination was | 4 | | required before January 1,
2002; (2) that is included within a | 5 | | bargaining unit; or (3) that is the next
rank immediately above | 6 | | the highest rank included within a bargaining unit,
provided | 7 | | such rank is not the only rank between the Fire Chief and the | 8 | | highest
rank included within the bargaining unit, or is a rank | 9 | | otherwise excepted under
item (i), (ii), (iii), (iv), or (v) of | 10 | | this definition. "Promotion" does not
include appointments (i) | 11 | | that are for fewer than 180 days; (ii) to the
positions
of | 12 | | Superintendent, Chief, or other chief executive officer; (iii) | 13 | | to an
exclusively administrative or executive rank for which an | 14 | | examination is not
required; (iv) to a rank that was exempted | 15 | | by a home rule municipality prior to
January 1, 2002, provided | 16 | | that after the effective date of this Act no home
rule | 17 | | municipality may exempt any future or existing ranks from the | 18 | | provisions
of this Act; or (v) to an administrative rank | 19 | | immediately below the
Superintendent, Chief, or other chief | 20 | | executive officer of an affected
department, provided such rank | 21 | | shall not be held by more than 2 persons and
there is a
| 22 | | promoted rank immediately below it. Notwithstanding the | 23 | | exceptions to the
definition of "promotion" set forth in items | 24 | | (i), (ii), (iii), (iv), and (v) of
this definition, promotions | 25 | | shall include any appointments to ranks covered by
the terms of | 26 | | a collective bargaining agreement in effect on the effective |
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| 1 | | date
of this Act.
| 2 | | "Preliminary promotion list" means the rank order of | 3 | | eligible candidates
established in accordance with subsection | 4 | | (b) of Section 20 prior to
applicable veteran's
preference | 5 | | points. A person on the preliminary promotion list who is | 6 | | eligible
for veteran's preference under the laws and agreements | 7 | | applicable to the
appointing authority may file a written | 8 | | application for that preference within
10 days after the | 9 | | initial posting of the preliminary promotion list. The
| 10 | | preference shall be calculated in accordance with Section 55 | 11 | | and applied as
an addition to the person's total point score on | 12 | | the examination. The
appointing authority shall make | 13 | | adjustments to the preliminary promotion
list based on any | 14 | | veteran's preference claimed and the final adjusted
promotion | 15 | | list shall then be posted by the appointing authority.
| 16 | | "Rank" means any position within the chain of command of a | 17 | | fire department to
which employees are regularly assigned to | 18 | | perform duties related to providing
fire suppression, fire | 19 | | prevention, or emergency services.
| 20 | | "Final adjusted promotion list" means the promotion list | 21 | | for the position
that is in effect on the date the position is | 22 | | created or the vacancy
occurs. If there is no final adjusted | 23 | | promotion list in effect for that
position on that date, or if | 24 | | all persons on the current final adjusted
promotion list for | 25 | | that position refuse the promotion, the affected
department | 26 | | shall not make a permanent
promotion until a new final adjusted |
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| 1 | | promotion list has been prepared in
accordance with this Act, | 2 | | but may make a temporary appointment to fill the
vacancy. | 3 | | Temporary appointments shall not exceed 180 days.
| 4 | | Each component of the promotional test shall be scored on a | 5 | | scale of 100
points. The component scores shall then be reduced | 6 | | by the weighting factor
assigned to the component on the test | 7 | | and the scores of all components shall be
added to produce a | 8 | | total score based on a scale of 100 points.
| 9 | | (Source: P.A. 93-411, eff. 8-4-03.)
| 10 | | (50 ILCS 742/70 new) | 11 | | Sec. 70. Municipalities with populations over 1,000,000. | 12 | | Except as otherwise provided in this Section, a fire department | 13 | | in a municipality with a population over 1,000,000 is exempt | 14 | | from the provisions of the Fire Department Promotion Act. Any | 15 | | promotion examination that consists of more than one component, | 16 | | must be completed in its entirety within 120 days after the | 17 | | date on which the first component is administered to | 18 | | promotional applicants. Upon completion of the administration | 19 | | of the last component of a multi-component promotion | 20 | | examination, or upon completion of the administration of a | 21 | | single component promotion examination, the municipality has | 22 | | 90 days to provide to each applicant written notice of that | 23 | | applicant's (i) score on each component of the examination and | 24 | | (ii) combined or aggregated score on a multi-component | 25 | | examination.
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