Full Text of SB2826 98th General Assembly
SB2826sam001 98TH GENERAL ASSEMBLY | Sen. Daniel Biss Filed: 3/14/2014
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| 1 | | AMENDMENT TO SENATE BILL 2826
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2826 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing Sections 10-1-7.1, 10-1-7.2, 10-2.1-6.3, and | 6 | | 10-2.1-6.4 as follows: | 7 | | (65 ILCS 5/10-1-7.1) | 8 | | Sec. 10-1-7.1. Original appointments; full-time fire | 9 | | department. | 10 | | (a) Applicability. Unless a commission elects to follow the | 11 | | provisions of Section 10-1-7.2, this Section shall apply to all | 12 | | original appointments to an affected full-time fire | 13 | | department. Existing registers of eligibles shall continue to | 14 | | be valid until their expiration dates, or up to a maximum of 2 | 15 | | years after the effective date of this amendatory Act of the | 16 | | 97th General Assembly. |
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| 1 | | Notwithstanding any statute, ordinance, rule, or other law | 2 | | to the contrary, all original appointments to an affected | 3 | | department to which this Section applies shall be administered | 4 | | in the manner provided for in this Section. Provisions of the | 5 | | Illinois Municipal Code, municipal ordinances, and rules | 6 | | adopted pursuant to such authority and other laws relating to | 7 | | initial hiring of firefighters in affected departments shall | 8 | | continue to apply to the extent they are compatible with this | 9 | | Section, but in the event of a conflict between this Section | 10 | | and any other law, this Section shall control. | 11 | | A home rule or non-home rule municipality may not | 12 | | administer its fire department process for original | 13 | | appointments in a manner that is less stringent than this | 14 | | Section. This Section is a limitation under subsection (i) of | 15 | | Section 6 of Article VII of the Illinois Constitution on the | 16 | | concurrent exercise by home rule units of the powers and | 17 | | functions exercised by the State. | 18 | | A municipality that is operating under a court order or | 19 | | consent decree regarding original appointments to a full-time | 20 | | fire department before the effective date of this amendatory | 21 | | Act of the 97th General Assembly is exempt from the | 22 | | requirements of this Section for the duration of the court | 23 | | order or consent decree. | 24 | | Notwithstanding any other provision of this subsection | 25 | | (a), this Section does not apply to a municipality with more | 26 | | than 1,000,000 inhabitants. |
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| 1 | | (b) Original appointments. All original appointments made | 2 | | to an affected fire department shall be made from a register of | 3 | | eligibles established in accordance with the processes | 4 | | established by this Section. Only persons who meet or exceed | 5 | | the performance standards required by this Section shall be | 6 | | placed on a register of eligibles for original appointment to | 7 | | an affected fire department. | 8 | | Whenever an appointing authority authorizes action to hire | 9 | | a person to perform the duties of a firefighter or to hire a | 10 | | firefighter-paramedic to fill a position that is a new position | 11 | | or vacancy due to resignation, discharge, promotion, death, the | 12 | | granting of a disability or retirement pension, or any other | 13 | | cause, the appointing authority shall appoint to that position | 14 | | the person with the highest ranking on the final eligibility | 15 | | list. If the appointing authority has reason to conclude that | 16 | | the highest ranked person fails to meet the minimum standards | 17 | | for the position or if the appointing authority believes an | 18 | | alternate candidate would better serve the needs of the | 19 | | department, then the appointing authority has the right to pass | 20 | | over the highest ranked person and appoint either: (i) any | 21 | | person who has a ranking in the top 5% of the register of | 22 | | eligibles or (ii) any person who is among the top 5 highest | 23 | | ranked persons on the list of eligibles if the number of people | 24 | | who have a ranking in the top 5% of the register of eligibles | 25 | | is less than 5 people. | 26 | | Any candidate may pass on an appointment once without |
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| 1 | | losing his or her position on the register of eligibles. Any | 2 | | candidate who passes a second time may be removed from the list | 3 | | by the appointing authority provided that such action shall not | 4 | | prejudice a person's opportunities to participate in future | 5 | | examinations, including an examination held during the time a | 6 | | candidate is already on the municipality's register of | 7 | | eligibles. | 8 | | The sole authority to issue certificates of appointment | 9 | | shall be vested in the Civil Service Commission. All | 10 | | certificates of appointment issued to any officer or member of | 11 | | an affected department shall be signed by the chairperson and | 12 | | secretary, respectively, of the commission upon appointment of | 13 | | such officer or member to the affected department by the | 14 | | commission. Each person who accepts a certificate of | 15 | | appointment and successfully completes his or her probationary | 16 | | period shall be enrolled as a firefighter and as a regular | 17 | | member of the fire department. | 18 | | For the purposes of this Section, "firefighter" means any | 19 | | person who has been prior to, on, or after the effective date | 20 | | of this amendatory Act of the 97th General Assembly appointed | 21 | | to a fire department or fire protection district or employed by | 22 | | a State university and sworn or commissioned to perform | 23 | | firefighter duties or paramedic duties, or both, except that | 24 | | the following persons are not included: part-time | 25 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 26 | | including paid-on-call firefighters; clerks and dispatchers or |
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| 1 | | other civilian employees of a fire department or fire | 2 | | protection district who are not routinely expected to perform | 3 | | firefighter duties; and elected officials. | 4 | | (c) Qualification for placement on register of eligibles. | 5 | | The purpose of establishing a register of eligibles is to | 6 | | identify applicants who possess and demonstrate the mental | 7 | | aptitude and physical ability to perform the duties required of | 8 | | members of the fire department in order to provide the highest | 9 | | quality of service to the public. To this end, all applicants | 10 | | for original appointment to an affected fire department shall | 11 | | be subject to examination and testing which shall be public, | 12 | | competitive, and open to all applicants unless the municipality | 13 | | shall by ordinance limit applicants to residents of the | 14 | | municipality, county or counties in which the municipality is | 15 | | located, State, or nation. Any examination and testing | 16 | | procedure utilized under subsection (e) of this Section shall | 17 | | be supported by appropriate validation evidence and shall | 18 | | comply with all applicable state and federal laws. | 19 | | Municipalities may establish educational, emergency medical | 20 | | service licensure, and other pre-requisites for participation | 21 | | in an examination or for hire as a firefighter. Any | 22 | | municipality may charge a fee to cover the costs of the | 23 | | application process. | 24 | | Residency requirements in effect at the time an individual | 25 | | enters the fire service of a municipality cannot be made more | 26 | | restrictive for that individual during his or her period of |
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| 1 | | service for that municipality, or be made a condition of | 2 | | promotion, except for the rank or position of fire chief and | 3 | | for no more than 2 positions that rank immediately below that | 4 | | of the chief rank which are appointed positions pursuant to the | 5 | | Fire Department Promotion Act. | 6 | | No person who is 35 years of age or older shall be eligible | 7 | | to take an examination for a position as a firefighter unless | 8 | | the person has had previous employment status as a firefighter | 9 | | in the regularly constituted fire department of the | 10 | | municipality, except as provided in this Section. The age | 11 | | limitation does not apply to: | 12 | | (1) any person previously employed as a full-time | 13 | | firefighter in a regularly constituted fire department of | 14 | | (i) any municipality or fire protection district located in | 15 | | Illinois, (ii) a fire protection district whose | 16 | | obligations were assumed by a municipality under Section 21 | 17 | | of the Fire Protection District Act, or (iii) a | 18 | | municipality whose obligations were taken over by a fire | 19 | | protection district, or | 20 | | (2) any person who has served a municipality as a | 21 | | regularly enrolled volunteer, paid-on-call, or part-time | 22 | | firefighter for the 5 years immediately preceding the time | 23 | | that the municipality begins to use full-time firefighters | 24 | | to provide all or part of its fire protection service. | 25 | | No person who is under 21 years of age shall be eligible | 26 | | for employment as a firefighter. |
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| 1 | | No applicant shall be examined concerning his or her | 2 | | political or religious opinions or affiliations. The | 3 | | examinations shall be conducted by the commissioners of the | 4 | | municipality or their designees and agents. | 5 | | No municipality shall require that any firefighter | 6 | | appointed to the lowest rank serve a probationary employment | 7 | | period of longer than one year of actual active employment, | 8 | | which may exclude periods of training, or injury or illness | 9 | | leaves, including duty related leave, in excess of 30 calendar | 10 | | days. Notwithstanding anything to the contrary in this Section, | 11 | | the probationary employment period limitation may be extended | 12 | | for a firefighter who is required, as a condition of | 13 | | employment, to be a certified paramedic, during which time the | 14 | | sole reason that a firefighter may be discharged without a | 15 | | hearing is for failing to meet the requirements for paramedic | 16 | | certification. | 17 | | In the event that any applicant who has been found eligible | 18 | | for appointment and whose name has been placed upon the final | 19 | | eligibility register provided for in this Division 1 has not | 20 | | been appointed to a firefighter position within one year after | 21 | | the date of his or her physical ability examination, the | 22 | | commission may cause a second examination to be made of that | 23 | | applicant's physical ability prior to his or her appointment. | 24 | | If, after the second examination, the physical ability of the | 25 | | applicant shall be found to be less than the minimum standard | 26 | | fixed by the rules of the commission, the applicant shall not |
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| 1 | | be appointed. The applicant's name may be retained upon the | 2 | | register of candidates eligible for appointment and when next | 3 | | reached for certification and appointment that applicant may be | 4 | | again examined as provided in this Section, and if the physical | 5 | | ability of that applicant is found to be less than the minimum | 6 | | standard fixed by the rules of the commission, the applicant | 7 | | shall not be appointed, and the name of the applicant shall be | 8 | | removed from the register. | 9 | | (d) Notice, examination, and testing components. Notice of | 10 | | the time, place, general scope, merit criteria for any | 11 | | subjective component, and fee of every examination shall be | 12 | | given by the commission, by a publication at least 2 weeks | 13 | | preceding the examination: (i) in one or more newspapers | 14 | | published in the municipality, or if no newspaper is published | 15 | | therein, then in one or more newspapers with a general | 16 | | circulation within the municipality, or (ii) on the | 17 | | municipality's Internet website. 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 shall | 23 | | determine an applicant's qualification for and placement on the | 24 | | final register of eligibles. The examination may also include a | 25 | | subjective component based on merit criteria as determined by | 26 | | the commission. Scores from the examination must be made |
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| 1 | | available to the public. | 2 | | (e) Mental aptitude. No person who does not possess at | 3 | | least a high school diploma or an equivalent high school | 4 | | education shall be placed on a register of eligibles. | 5 | | Examination of an applicant's mental aptitude shall be based | 6 | | upon a written examination. The examination shall be practical | 7 | | in character and relate to those matters that fairly test the | 8 | | capacity of the persons examined to discharge the duties | 9 | | performed by members of a fire department. Written examinations | 10 | | shall be administered in a manner that ensures the security and | 11 | | accuracy 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 those 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. These physical examinations shall be open, | 23 | | competitive, and based on industry standards designed to test | 24 | | each applicant's physical abilities in the following | 25 | | dimensions: | 26 | | (1) Muscular strength to perform tasks and evolutions |
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| 1 | | that may be required in the performance of duties including | 2 | | grip strength, leg strength, and arm strength. Tests shall | 3 | | be conducted under anaerobic as well as aerobic conditions | 4 | | to test both the candidate's speed and endurance in | 5 | | performing tasks and evolutions. Tasks tested may be based | 6 | | on standards developed, or approved, by the local | 7 | | appointing authority. | 8 | | (2) The ability to climb ladders, operate from heights, | 9 | | walk or crawl in the dark along narrow and uneven surfaces, | 10 | | and operate in proximity to hazardous environments. | 11 | | (3) The ability to carry out critical, time-sensitive, | 12 | | and complex problem solving during physical exertion in | 13 | | stressful and hazardous environments. The testing | 14 | | environment may be hot and dark with tightly enclosed | 15 | | spaces, flashing lights, sirens, and other distractions. | 16 | | The tests utilized to measure each applicant's
| 17 | | capabilities in each of these dimensions may be tests based on
| 18 | | industry standards currently in use or equivalent tests | 19 | | approved by the Joint Labor-Management Committee of the Office | 20 | | of the State Fire Marshal. | 21 | | Physical ability examinations administered under this | 22 | | Section shall be conducted with a reasonable number of proctors | 23 | | and monitors, open to the public, and subject to reasonable | 24 | | regulations of the commission. | 25 | | (g) Scoring of examination components. Appointing | 26 | | authorities may create a preliminary eligibility register. A |
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| 1 | | person shall be placed on the list based upon his or her | 2 | | passage of the written examination or the passage of the | 3 | | written examination and the physical ability component. | 4 | | Passage of the written examination means attaining the minimum | 5 | | score set by the commission a score that is at or above the | 6 | | median score for all applicants participating in the written | 7 | | test . Minimum scores should be set by the commission so as to | 8 | | demonstrate a candidate's ability to perform the essential | 9 | | functions of the job. The minimum score set by the commission | 10 | | shall be supported by appropriate validation evidence and shall | 11 | | comply with all applicable state and federal laws. The | 12 | | appointing authority may conduct the physical ability | 13 | | component and any subjective components subsequent to the | 14 | | posting of the preliminary eligibility register. | 15 | | The examination components for an initial eligibility | 16 | | register shall be graded on a 100-point scale. A person's | 17 | | position on the list shall be determined by the following: (i)
| 18 | | the person's score on the written examination, (ii) the person
| 19 | | successfully passing the physical ability component, and (iii) | 20 | | the
person's results on any subjective component as described | 21 | | in
subsection (d). | 22 | | In order to qualify for placement on the final eligibility | 23 | | register, an applicant's score on the written examination, | 24 | | before any applicable preference points or subjective points | 25 | | are applied, shall be at or above the minimum score set by the | 26 | | commission be at or above the median score . The local |
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| 1 | | appointing authority may prescribe the score to qualify for | 2 | | placement on the final eligibility register, but the score | 3 | | shall not be less than the minimum score set by the commission | 4 | | median score . | 5 | | The commission shall prepare and keep a register of persons | 6 | | whose total score is not less than the minimum score for | 7 | | passage fixed by this Section and who have passed the physical | 8 | | ability examination. These persons shall take rank upon the | 9 | | register as candidates in the order of their relative | 10 | | excellence based on the highest to the lowest total points | 11 | | scored on the mental aptitude, subjective component, and | 12 | | preference components of the test administered in accordance | 13 | | with this Section. No more than 60 days after each examination, | 14 | | an initial eligibility list shall be posted by the commission. | 15 | | The list shall include the final grades of the candidates | 16 | | without reference to priority of the time of examination and | 17 | | subject to claim for preference credit. | 18 | | Commissions may conduct additional examinations, including | 19 | | without limitation a polygraph test, after a final eligibility | 20 | | register is established and before it expires with the | 21 | | candidates ranked by total score without regard to date of | 22 | | examination. No more than 60 days after each examination, an | 23 | | initial eligibility list shall be posted by the commission | 24 | | showing the final grades of the candidates without reference to | 25 | | priority of time of examination and subject to claim for | 26 | | preference credit. |
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| 1 | | (h) Preferences. The following are preferences: | 2 | | (1) Veteran preference. Persons who were engaged in the | 3 | | military service of the United States for a period of at | 4 | | least one year of active duty and who were honorably | 5 | | discharged therefrom, or who are now or have been members | 6 | | on inactive or reserve duty in such military or naval | 7 | | service, shall be preferred for appointment to and | 8 | | employment with the fire department of an affected | 9 | | department. | 10 | | (2) Fire cadet preference. Persons who have | 11 | | successfully completed 2 years of study in fire techniques | 12 | | or cadet training within a cadet program established under | 13 | | the rules of the Joint Labor and Management Committee | 14 | | (JLMC), as defined in Section 50 of the Fire Department | 15 | | Promotion Act, may be preferred for appointment to and | 16 | | employment with the fire department. | 17 | | (3) Educational preference. Persons who have | 18 | | successfully obtained an associate's degree in the field of | 19 | | fire service or emergency medical services, or a bachelor's | 20 | | degree from an accredited college or university may be | 21 | | preferred for appointment to and employment with the fire | 22 | | department. | 23 | | (4) Paramedic preference. Persons who have obtained | 24 | | certification as an Emergency Medical Technician-Paramedic | 25 | | (EMT-P) may be preferred for appointment to and employment | 26 | | with the fire department of an affected department |
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| 1 | | providing emergency medical services. | 2 | | (5) Experience preference. All persons employed by a | 3 | | municipality who have been paid-on-call or part-time | 4 | | certified Firefighter II, certified Firefighter III, State | 5 | | of Illinois or nationally licensed EMT-B or EMT-I, licensed | 6 | | paramedic, or any combination of those capacities may be | 7 | | awarded up to a maximum of 5 points. However, the applicant | 8 | | may not be awarded more than 0.5 points for each complete | 9 | | year of paid-on-call or part-time service. Applicants from | 10 | | outside the municipality who were employed as full-time | 11 | | firefighters or firefighter-paramedics by a fire | 12 | | protection district or another municipality may be awarded | 13 | | up to 5 experience preference points. However, the | 14 | | applicant may not be awarded more than one point for each | 15 | | complete year of full-time service. | 16 | | Upon request by the commission, the governing body of | 17 | | the municipality or in the case of applicants from outside | 18 | | the municipality the governing body of any fire protection | 19 | | district or any other municipality shall certify to the | 20 | | commission, within 10 days after the request, the number of | 21 | | years of successful paid-on-call, part-time, or full-time | 22 | | service of any person. A candidate may not receive the full | 23 | | amount of preference points under this subsection if the | 24 | | amount of points awarded would place the candidate before a | 25 | | veteran on the eligibility list. If more than one candidate | 26 | | receiving experience preference points is prevented from |
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| 1 | | receiving all of their points due to not being allowed to | 2 | | pass a veteran, the candidates shall be placed on the list | 3 | | below the veteran in rank order based on the totals | 4 | | received if all points under this subsection were to be | 5 | | awarded. Any remaining ties on the list shall be determined | 6 | | by lot. | 7 | | (6) Residency preference. Applicants whose principal | 8 | | residence is located within the fire department's | 9 | | jurisdiction may be preferred for appointment to and | 10 | | employment with the fire department. | 11 | | (7) Additional preferences. Up to 5 additional | 12 | | preference points may be awarded for unique categories | 13 | | based on an applicant's experience or background as | 14 | | identified by the commission. | 15 | | (8) Scoring of preferences. The commission shall give | 16 | | preference for original appointment to persons designated | 17 | | in item (1)
by adding to the final grade that they receive | 18 | | 5 points
for the recognized preference achieved. The | 19 | | commission shall determine the number of preference points | 20 | | for each category except (1). The number of preference | 21 | | points for each category shall range from 0 to 5. In | 22 | | determining the number of preference points, the | 23 | | commission shall prescribe that if a candidate earns the | 24 | | maximum number of preference points in all categories, that | 25 | | number may not be less than 10 nor more than 30. The | 26 | | commission shall give preference for original appointment |
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| 1 | | to persons designated in items (2) through (7) by adding | 2 | | the requisite number of points to the final grade for each | 3 | | recognized preference achieved. The numerical result thus | 4 | | attained shall be applied by the commission in determining | 5 | | the final eligibility list and appointment from the | 6 | | eligibility list. The local appointing authority may | 7 | | prescribe the total number of preference points awarded | 8 | | under this Section, but the total number of preference | 9 | | points shall not be less than 10 points or more than 30 | 10 | | points. | 11 | | No person entitled to any preference shall be required to | 12 | | claim the credit before any examination held under the | 13 | | provisions of this Section, but the preference shall be given | 14 | | after the posting or publication of the initial eligibility | 15 | | list or register at the request of a person entitled to a | 16 | | credit before any certification or appointments are made from | 17 | | the eligibility register, upon the furnishing of verifiable | 18 | | evidence and proof of qualifying preference credit. Candidates | 19 | | who are eligible for preference credit shall make a claim in | 20 | | writing within 10 days after the posting of the initial | 21 | | eligibility list, or the claim shall be deemed waived. Final | 22 | | eligibility registers shall be established after the awarding | 23 | | of verified preference points. All employment shall be subject | 24 | | to the commission's initial hire background review including, | 25 | | but not limited to, criminal history, employment history, moral | 26 | | character, oral examination, and medical and psychological |
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| 1 | | examinations, all on a pass-fail basis. The medical and | 2 | | psychological examinations must be conducted last, and may only | 3 | | be performed after a conditional offer of employment has been | 4 | | extended. | 5 | | Any person placed on an eligibility list who exceeds the | 6 | | age requirement before being appointed to a fire department | 7 | | shall remain eligible for appointment until the list is | 8 | | abolished, or his or her name has been on the list for a period | 9 | | of 2 years. No person who has attained the age of 35 years | 10 | | shall be inducted into a fire department, except as otherwise | 11 | | provided in this Section. | 12 | | The commission shall strike off the names of candidates for | 13 | | original appointment after the names have been on the list for | 14 | | more than 2 years. | 15 | | (i) Moral character. No person shall be appointed to a fire | 16 | | department unless he or she is a person of good character; not | 17 | | a habitual drunkard, a gambler, or a person who has been | 18 | | convicted of a felony or a crime involving moral turpitude. | 19 | | However, no person shall be disqualified from appointment to | 20 | | the fire department because of the person's record of | 21 | | misdemeanor convictions except those under Sections 11-6, | 22 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 23 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 24 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 25 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | 26 | | Criminal Code of 2012, or arrest for any cause without |
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| 1 | | conviction thereon. Any such person who is in the department | 2 | | may be removed on charges brought for violating this subsection | 3 | | and after a trial as hereinafter provided. | 4 | | A classifiable set of the fingerprints of every person who | 5 | | is offered employment as a certificated member of an affected | 6 | | fire department whether with or without compensation, shall be | 7 | | furnished to the Illinois Department of State Police and to the | 8 | | Federal Bureau of Investigation by the commission. | 9 | | Whenever a commission is authorized or required by law to | 10 | | consider some aspect of criminal history record information for | 11 | | the purpose of carrying out its statutory powers and | 12 | | responsibilities, then, upon request and payment of fees in | 13 | | conformance with the requirements of Section 2605-400 of the | 14 | | State Police Law of the Civil Administrative Code of Illinois, | 15 | | the Department of State Police is authorized to furnish, | 16 | | pursuant to positive identification, the information contained | 17 | | in State files as is necessary to fulfill the request. | 18 | | (j) Temporary appointments. In order to prevent a stoppage | 19 | | of public business, to meet extraordinary exigencies, or to | 20 | | prevent material impairment of the fire department, the | 21 | | commission may make temporary appointments, to remain in force | 22 | | only until regular appointments are made under the provisions | 23 | | of this Division, but never to exceed 60 days. No temporary | 24 | | appointment of any one person shall be made more than twice in | 25 | | any calendar year. | 26 | | (k) A person who knowingly divulges or receives test |
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| 1 | | questions or answers before a written examination, or otherwise | 2 | | knowingly violates or subverts any requirement of this Section, | 3 | | commits a violation of this Section and may be subject to | 4 | | charges for official misconduct. | 5 | | A person who is the knowing recipient of test information | 6 | | in advance of the examination shall be disqualified from the | 7 | | examination or discharged from the position to which he or she | 8 | | was appointed, as applicable, and otherwise subjected to | 9 | | disciplinary actions.
| 10 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 11 | | 97-1150, eff. 1-25-13.) | 12 | | (65 ILCS 5/10-1-7.2) | 13 | | Sec. 10-1-7.2. Alternative procedure; original | 14 | | appointment; full-time firefighter. | 15 | | (a) Authority. The Joint Labor and Management Committee | 16 | | (JLMC), as defined in Section 50 of the Fire Department | 17 | | Promotion Act, may establish a community outreach program to | 18 | | market the profession of firefighter and firefighter-paramedic | 19 | | so as to ensure the pool of applicants recruited is of broad | 20 | | diversity and the highest quality. | 21 | | For the purposes of this Section, "firefighter" means any | 22 | | person who has been prior to, on, or after the effective date | 23 | | of this amendatory Act of the 97th General Assembly appointed | 24 | | to a fire department or fire protection district or employed by | 25 | | a State university and sworn or commissioned to perform |
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| 1 | | firefighter duties or paramedic duties, or both, except that | 2 | | the following persons are not included: part-time | 3 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 4 | | including paid-on-call firefighters; clerks and dispatchers or | 5 | | other civilian employees of a fire department or fire | 6 | | protection district who are not routinely expected to perform | 7 | | firefighter duties; and elected officials. | 8 | | (b) Eligibility. Persons eligible for placement on the | 9 | | master register of eligibles shall consist of the following: | 10 | | Persons who have participated in and received a passing | 11 | | total score on the mental aptitude, physical ability, and | 12 | | preference components of a regionally administered test | 13 | | based on the standards described in this Section. The | 14 | | standards for administering these tests and the minimum | 15 | | passing score required for placement on this list shall be | 16 | | as is set forth in this Section. | 17 | | Qualified candidates shall be listed on the master | 18 | | register of eligibles in highest to lowest rank order based | 19 | | upon their test scores without regard to their date of | 20 | | examination. Candidates listed on the master register of | 21 | | eligibles shall be eligible for appointment for 2 years | 22 | | after the date of the certification of their final score on | 23 | | the register without regard to the date of their | 24 | | examination. After 2 years, the candidate's name shall be | 25 | | struck from the list. | 26 | | Any person currently employed as a full-time member of |
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| 1 | | a fire department or any person who has experienced a | 2 | | non–voluntary (and non-disciplinary) separation from the | 3 | | active workforce due to a reduction in the number of | 4 | | departmental officers, who was appointed pursuant to this | 5 | | Division, Division 2.1 of Article 10 of the Illinois | 6 | | Municipal Code, or the Fire Protection District Act, and | 7 | | who during the previous 24 months participated in and | 8 | | received a passing score on the physical ability and mental | 9 | | aptitude components of the test may request that his or her | 10 | | name be added to the master register. Any eligible person | 11 | | may be offered employment by a local commission under the | 12 | | same procedures as provided by this Section except that the | 13 | | apprenticeship period may be waived and the applicant may | 14 | | be immediately issued a certificate of original | 15 | | appointment by the local commission. | 16 | | (c) Qualifications for placement on register of eligibles. | 17 | | The purpose for establishing a master register of eligibles | 18 | | shall be to identify applicants who possess and demonstrate the | 19 | | mental aptitude and physical ability to perform the duties | 20 | | required of members of the fire department in order to provide | 21 | | the highest quality of service to the public. To this end, all | 22 | | applicants for original appointment to an affected fire | 23 | | department through examination conducted by the Joint Labor and | 24 | | Management Committee (JLMC) shall be subject to examination and | 25 | | testing which shall be public, competitive, and open to all | 26 | | applicants. Any examination and testing procedure utilized |
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| 1 | | under subsection (e) of this Section shall be supported by | 2 | | appropriate validation evidence and shall comply with all | 3 | | applicable state and federal laws. Any subjective component of | 4 | | the testing must be administered by certified assessors. All | 5 | | qualifying and disqualifying factors applicable to examination | 6 | | processes for local commissions in this amendatory Act of the | 7 | | 97th General Assembly shall be applicable to persons | 8 | | participating in Joint Labor and Management Committee | 9 | | examinations unless specifically provided otherwise in this | 10 | | Section. | 11 | | Notice of the time, place, general scope, and fee of every | 12 | | JLMC examination shall be given by the JLMC or designated | 13 | | testing agency, as applicable, by publication at least 30 days | 14 | | preceding the examination, in one or more newspapers published | 15 | | in the region, or if no newspaper is published therein, then in | 16 | | one or more newspapers with a general circulation within the | 17 | | region. The JLMC may publish the notice on the JLMC's Internet | 18 | | website. Additional notice of the examination may be given as | 19 | | the JLMC shall prescribe. | 20 | | (d) Examination and testing components for placement on | 21 | | register of eligibles. The examination and qualifying | 22 | | standards for placement on the master register of eligibles and | 23 | | employment shall be based on the following components: mental | 24 | | aptitude, physical ability, preferences, moral character, and | 25 | | health. The mental aptitude, physical ability, and preference | 26 | | components shall determine an applicant's qualification for |
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| 1 | | and placement on the master register of eligibles. The | 2 | | consideration of an applicant's general moral character and | 3 | | health shall be administered on a pass-fail basis after a | 4 | | conditional offer of employment is made by a local commission. | 5 | | (e) Mental aptitude. Examination of an applicant's mental | 6 | | aptitude shall be based upon written examination and an | 7 | | applicant's prior experience demonstrating an aptitude for and | 8 | | commitment to service as a member of a fire department. Written | 9 | | examinations shall be practical in character and relate to | 10 | | those matters that fairly test the capacity of the persons | 11 | | examined to discharge the duties performed by members of a fire | 12 | | department. Written examinations shall be administered in a | 13 | | manner that ensures the security and accuracy of the scores | 14 | | achieved. Any subjective component of the testing must be | 15 | | administered by certified assessors. No person who does not | 16 | | possess a high school diploma or an equivalent high school | 17 | | education shall be placed on a register of eligibles. Local | 18 | | commissions may establish educational, emergency medical | 19 | | service licensure, and other pre-requisites for hire within | 20 | | their jurisdiction. | 21 | | (f) Physical ability. All candidates shall be required to | 22 | | undergo an examination of their physical ability to perform the | 23 | | essential functions included in the duties they may be called | 24 | | upon to perform as a member of a fire department. For the | 25 | | purposes of this Section, essential functions of the job are | 26 | | functions associated with duties that a firefighter may be |
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| 1 | | called upon to perform in response to emergency calls. The | 2 | | frequency of the occurrence of those duties as part of the fire | 3 | | department's regular routine shall not be a controlling factor | 4 | | in the design of examination criteria or evolutions selected | 5 | | for testing. These physical examinations shall be open, | 6 | | competitive, and based on industry standards designed to test | 7 | | each applicant's physical abilities in each of the following | 8 | | dimensions: | 9 | | (1) Muscular strength to perform tasks and evolutions | 10 | | that may be required in the performance of duties including | 11 | | grip strength, leg strength, and arm strength. Tests shall | 12 | | be conducted under anaerobic as well as aerobic conditions | 13 | | to test both the candidate's speed and endurance in | 14 | | performing tasks and evolutions. Tasks tested are to be | 15 | | based on industry standards developed by the JLMC by rule. | 16 | | (2) The ability to climb ladders, operate from heights, | 17 | | walk or crawl in the dark along narrow and uneven surfaces, | 18 | | and operate in proximity to hazardous environments. | 19 | | (3) The ability to carry out critical, time-sensitive, | 20 | | and complex problem solving during physical exertion in | 21 | | stressful and hazardous environments. The testing | 22 | | environment may be hot and dark with tightly enclosed | 23 | | spaces, flashing lights, sirens, and other distractions. | 24 | | The tests utilized to measure each applicant's
| 25 | | capabilities in each of these dimensions may be tests based on
| 26 | | industry standards currently in use or equivalent tests |
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| 1 | | approved by the Joint Labor-Management Committee of the Office | 2 | | of the State Fire Marshal. | 3 | | (g) Scoring of examination components. The examination | 4 | | components shall be graded on a 100-point scale. A person's | 5 | | position on the master register of eligibles shall be | 6 | | determined by the person's score on the written examination, | 7 | | the person successfully passing the physical ability | 8 | | component, and the addition of any applicable preference | 9 | | points. | 10 | | Applicants who have achieved at least the minimum median | 11 | | score on of all applicants participating in the written | 12 | | examination , as set by the JLMC at the same time , and who | 13 | | successfully pass the physical ability examination shall be | 14 | | placed on the initial eligibility register. Minimum scores | 15 | | should be set by the JLMC so as to demonstrate a candidate's | 16 | | ability to perform the essential functions of the job. The | 17 | | minimum score set by the JLMC shall be
supported by appropriate | 18 | | validation evidence and shall comply with all applicable state | 19 | | and federal laws. Applicable preference points shall be added | 20 | | to the written examination scores for all applicants who | 21 | | qualify for the initial eligibility register. Applicants who | 22 | | score at or above the minimum passing score as set by the JLMC | 23 | | in the top 70th percentile or higher , including any applicable | 24 | | preference points, shall be placed on the master register of | 25 | | eligibles by the JLMC. | 26 | | These persons shall take rank upon the register as |
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| 1 | | candidates in the order of their relative excellence based on | 2 | | the highest to the lowest total points scored on the mental | 3 | | aptitude and physical ability components, plus any applicable | 4 | | preference points requested and verified by the JLMC, or | 5 | | approved testing agency. | 6 | | No more than 60 days after each examination, a revised | 7 | | master register of eligibles shall be posted by the JLMC | 8 | | showing the final grades of the candidates without reference to | 9 | | priority of time of examination. | 10 | | (h) Preferences. The board shall give military, education, | 11 | | and experience preference points to those who qualify for | 12 | | placement on the master register of eligibles, on the same | 13 | | basis as provided for examinations administered by a local | 14 | | commission. | 15 | | No person entitled to preference or credit shall be | 16 | | required to claim the credit before any examination held under | 17 | | the provisions of this Section. The preference shall be given | 18 | | after the posting or publication of the applicant's initial | 19 | | score at the request of the person before finalizing the scores | 20 | | from all applicants taking part in a JLMC examination. | 21 | | Candidates who are eligible for preference credit shall make a | 22 | | claim in writing within 10 days after the posting of the | 23 | | initial scores from any JLMC test or the claim shall be deemed | 24 | | waived. Once preference points are awarded, the candidates | 25 | | shall be certified to the master register in accordance with | 26 | | their final score including preference points. |
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| 1 | | (i) Firefighter apprentice and firefighter-paramedic | 2 | | apprentice. The employment of an applicant to an apprentice | 3 | | position (including a currently employed full-time member of a | 4 | | fire department whose apprenticeship may be reduced or waived) | 5 | | shall be subject to the applicant passing the moral character | 6 | | standards and health examinations of the local commission. In | 7 | | addition, a local commission may require as a condition of | 8 | | employment that the applicant demonstrate current physical | 9 | | ability by either passing the local commission's approved | 10 | | physical ability examination, or by presenting proof of | 11 | | participating in and receiving a passing score on the physical | 12 | | ability component of a JLMC test within a period of up to 12 | 13 | | months before the date of the conditional offer of employment. | 14 | | Applicants shall be subject to the local commission's initial | 15 | | hire background review including criminal history, employment | 16 | | history, moral character, oral examination, and medical | 17 | | examinations which may include polygraph, psychological, and | 18 | | drug screening components, all on a pass-fail basis. The | 19 | | medical examinations must be conducted last, and may only be | 20 | | performed after a conditional offer of employment has been | 21 | | extended. | 22 | | (j) Selection from list. Any municipality or fire | 23 | | protection district that is a party to an intergovernmental | 24 | | agreement under the terms of which persons have been tested for | 25 | | placement on the master register of eligibles shall be entitled | 26 | | to offer employment to any person on the list irrespective of |
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| 1 | | their ranking on the list. The offer of employment shall be to | 2 | | the position of firefighter apprentice or | 3 | | firefighter-paramedic apprentice. | 4 | | Applicants passing these tests may be employed as a | 5 | | firefighter apprentice or a firefighter-paramedic apprentice | 6 | | who shall serve an apprenticeship period of 12 months or less | 7 | | according to the terms and conditions of employment as the | 8 | | employing municipality or district offers, or as provided for | 9 | | under the terms of any collective bargaining agreement then in | 10 | | effect. The apprenticeship period is separate from the | 11 | | probationary period. | 12 | | Service during the apprenticeship period shall be on a | 13 | | probationary basis. During the apprenticeship period, the | 14 | | apprentice's training and performance shall be monitored and | 15 | | evaluated by a Joint Apprenticeship Committee. | 16 | | The Joint Apprenticeship Committee shall consist of 4 | 17 | | members who shall be regular members of the fire department | 18 | | with at least 10 years of full-time work experience as a | 19 | | firefighter or firefighter-paramedic. The fire chief and the | 20 | | president of the exclusive bargaining representative | 21 | | recognized by the employer shall each appoint 2 members to the | 22 | | Joint Apprenticeship Committee. In the absence of an exclusive | 23 | | collective bargaining representative, the chief shall appoint | 24 | | the remaining 2 members who shall be from the ranks of company | 25 | | officer and firefighter with at least 10 years of work | 26 | | experience as a firefighter or firefighter-paramedic. In the |
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| 1 | | absence of a sufficient number of qualified firefighters, the | 2 | | Joint Apprenticeship Committee members shall have the amount of | 3 | | experience and the type of qualifications as is reasonable | 4 | | given the circumstances of the fire department. In the absence | 5 | | of a full-time member in a rank between chief and the highest | 6 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 7 | | shall be reduced to 2 members, one to be appointed by the chief | 8 | | and one by the union president, if any. If there is no | 9 | | exclusive bargaining representative, the chief shall appoint | 10 | | the second member of the Joint Apprenticeship Committee from | 11 | | among qualified members in the ranks of company officer and | 12 | | below. Before the conclusion of the apprenticeship period, the | 13 | | Joint Apprenticeship Committee shall meet to consider the | 14 | | apprentice's progress and performance and vote to retain the | 15 | | apprentice as a member of the fire department or to terminate | 16 | | the apprenticeship. If 3 of the 4 members of the Joint | 17 | | Apprenticeship Committee affirmatively vote to retain the | 18 | | apprentice (if a 2 member Joint Apprenticeship Committee | 19 | | exists, then both members must affirmatively vote to retain the | 20 | | apprentice), the local commission shall issue the apprentice a | 21 | | certificate of original appointment to the fire department. | 22 | | (k) A person who knowingly divulges or receives test | 23 | | questions or answers before a written examination, or otherwise | 24 | | knowingly violates or subverts any requirement of this Section, | 25 | | commits a violation of this Section and may be subject to | 26 | | charges for official misconduct. |
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| 1 | | A person who is the knowing recipient of test information | 2 | | in advance of the examination shall be disqualified from the | 3 | | examination or discharged from the position to which he or she | 4 | | was appointed, as applicable, and otherwise subjected to | 5 | | disciplinary actions. | 6 | | (l) Applicability. This Section does not apply to a | 7 | | municipality with more than 1,000,000 inhabitants.
| 8 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | 9 | | (65 ILCS 5/10-2.1-6.3) | 10 | | Sec. 10-2.1-6.3. Original appointments; full-time fire | 11 | | department. | 12 | | (a) Applicability. Unless a commission elects to follow the | 13 | | provisions of Section 10-2.1-6.4, this Section shall apply to | 14 | | all original appointments to an affected full-time fire | 15 | | department. Existing registers of eligibles shall continue to | 16 | | be valid until their expiration dates, or up to a maximum of 2 | 17 | | years after the effective date of this amendatory Act of the | 18 | | 97th General Assembly. | 19 | | Notwithstanding any statute, ordinance, rule, or other law | 20 | | to the contrary, all original appointments to an affected | 21 | | department to which this Section applies shall be administered | 22 | | in the manner provided for in this Section. Provisions of the | 23 | | Illinois Municipal Code, municipal ordinances, and rules | 24 | | adopted pursuant to such authority and other laws relating to | 25 | | initial hiring of firefighters in affected departments shall |
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| 1 | | continue to apply to the extent they are compatible with this | 2 | | Section, but in the event of a conflict between this Section | 3 | | and any other law, this Section shall control. | 4 | | A home rule or non-home rule municipality may not | 5 | | administer its fire department process for original | 6 | | appointments in a manner that is less stringent than this | 7 | | Section. This Section is a limitation under subsection (i) of | 8 | | Section 6 of Article VII of the Illinois Constitution on the | 9 | | concurrent exercise by home rule units of the powers and | 10 | | functions exercised by the State. | 11 | | A municipality that is operating under a court order or | 12 | | consent decree regarding original appointments to a full-time | 13 | | fire department before the effective date of this amendatory | 14 | | Act of the 97th General Assembly is exempt from the | 15 | | requirements of this Section for the duration of the court | 16 | | order or consent decree. | 17 | | Notwithstanding any other provision of this subsection | 18 | | (a), this Section does not apply to a municipality with more | 19 | | than 1,000,000 inhabitants. | 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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| 1 | | Whenever an appointing authority authorizes action to hire | 2 | | a person to perform the duties of a firefighter or to hire a | 3 | | firefighter-paramedic to fill a position that is a new position | 4 | | or vacancy due to resignation, discharge, promotion, death, the | 5 | | granting of a disability or retirement pension, or any other | 6 | | cause, the appointing authority shall appoint to that position | 7 | | the person with the highest ranking on the final eligibility | 8 | | list. If the appointing authority has reason to conclude that | 9 | | the highest ranked person fails to meet the minimum standards | 10 | | for the position or if the appointing authority believes an | 11 | | alternate candidate would better serve the needs of the | 12 | | department, then the appointing authority has the right to pass | 13 | | over the highest ranked person and appoint either: (i) any | 14 | | person who has a ranking in the top 5% of the register of | 15 | | eligibles or (ii) any person who is among the top 5 highest | 16 | | ranked persons on the list of eligibles if the number of people | 17 | | who have a ranking in the top 5% of the register of eligibles | 18 | | is less than 5 people. | 19 | | Any candidate may pass on an appointment once without | 20 | | losing his or her position on the register of eligibles. Any | 21 | | candidate who passes a second time may be removed from the list | 22 | | by the appointing authority provided that such action shall not | 23 | | prejudice a person's opportunities to participate in future | 24 | | examinations, including an examination held during the time a | 25 | | candidate is already on the municipality's register of | 26 | | eligibles. |
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| 1 | | The sole authority to issue certificates of appointment | 2 | | shall be vested in the board of fire and police commissioners. | 3 | | All certificates of appointment issued to any officer or member | 4 | | of an affected department shall be signed by the chairperson | 5 | | and secretary, respectively, of the board upon appointment of | 6 | | such officer or member to the affected department by action of | 7 | | the board. Each person who accepts a certificate of appointment | 8 | | and successfully completes his or her probationary period shall | 9 | | be enrolled as a firefighter and as a regular member of the | 10 | | fire department. | 11 | | For the purposes of this Section, "firefighter" means any | 12 | | person who has been prior to, on, or after the effective date | 13 | | of this amendatory Act of the 97th General Assembly appointed | 14 | | to a fire department or fire protection district or employed by | 15 | | a State university and sworn or commissioned to perform | 16 | | firefighter duties or paramedic duties, or both, except that | 17 | | the following persons are not included: part-time | 18 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 19 | | including paid-on-call firefighters; clerks and dispatchers or | 20 | | other civilian employees of a fire department or fire | 21 | | protection district who are not routinely expected to perform | 22 | | firefighter duties; and elected officials. | 23 | | (c) Qualification for placement on register of eligibles. | 24 | | The purpose of establishing a register of eligibles is to | 25 | | identify applicants who possess and demonstrate the mental | 26 | | aptitude and physical ability to perform the duties required of |
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| 1 | | members of the fire department in order to provide the highest | 2 | | quality of service to the public. To this end, all applicants | 3 | | for original appointment to an affected fire department shall | 4 | | be subject to examination and testing which shall be public, | 5 | | competitive, and open to all applicants unless the municipality | 6 | | shall by ordinance limit applicants to residents of the | 7 | | municipality, county or counties in which the municipality is | 8 | | located, State, or nation. Any examination and testing | 9 | | procedure utilized under subsection (e) of this Section shall | 10 | | be supported by appropriate validation evidence and shall | 11 | | comply with all applicable state and federal laws. | 12 | | Municipalities may establish educational, emergency medical | 13 | | service licensure, and other pre-requisites for participation | 14 | | in an examination or for hire as a firefighter. Any | 15 | | municipality may charge a fee to cover the costs of the | 16 | | application process. | 17 | | Residency requirements in effect at the time an individual | 18 | | enters the fire service of a municipality cannot be made more | 19 | | restrictive for that individual during his or her period of | 20 | | service for that municipality, or be made a condition of | 21 | | promotion, except for the rank or position of fire chief and | 22 | | for no more than 2 positions that rank immediately below that | 23 | | of the chief rank which are appointed positions pursuant to the | 24 | | Fire Department Promotion Act. | 25 | | No person who is 35 years of age or older shall be eligible | 26 | | to take an examination for a position as a firefighter unless |
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| 1 | | the person has had previous employment status as a firefighter | 2 | | in the regularly constituted fire department of the | 3 | | municipality, except as provided in this Section. The age | 4 | | limitation does not apply to: | 5 | | (1) any person previously employed as a full-time | 6 | | firefighter in a regularly constituted fire department of | 7 | | (i) any municipality or fire protection district located in | 8 | | Illinois, (ii) a fire protection district whose | 9 | | obligations were assumed by a municipality under Section 21 | 10 | | of the Fire Protection District Act, or (iii) a | 11 | | municipality whose obligations were taken over by a fire | 12 | | protection district, or | 13 | | (2) any person who has served a municipality as a | 14 | | regularly enrolled volunteer, paid-on-call, or part-time | 15 | | firefighter for the 5 years immediately preceding the time | 16 | | that the municipality begins to use full-time firefighters | 17 | | to provide all or part of its fire protection service. | 18 | | No person who is under 21 years of age shall be eligible | 19 | | for employment as a firefighter. | 20 | | No applicant shall be examined concerning his or her | 21 | | political or religious opinions or affiliations. The | 22 | | examinations shall be conducted by the commissioners of the | 23 | | municipality or their designees and agents. | 24 | | No municipality shall require that any firefighter | 25 | | appointed to the lowest rank serve a probationary employment | 26 | | period of longer than one year of actual active employment, |
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| 1 | | which may exclude periods of training, or injury or illness | 2 | | leaves, including duty related leave, in excess of 30 calendar | 3 | | days. Notwithstanding anything to the contrary in this Section, | 4 | | the probationary employment period limitation may be extended | 5 | | for a firefighter who is required, as a condition of | 6 | | employment, to be a certified paramedic, during which time the | 7 | | sole reason that a firefighter may be discharged without a | 8 | | hearing is for failing to meet the requirements for paramedic | 9 | | certification. | 10 | | In the event that any applicant who has been found eligible | 11 | | for appointment and whose name has been placed upon the final | 12 | | eligibility register provided for in this Section has not been | 13 | | appointed to a firefighter position within one year after the | 14 | | date of his or her physical ability examination, the commission | 15 | | may cause a second examination to be made of that applicant's | 16 | | physical ability prior to his or her appointment. If, after the | 17 | | second examination, the physical ability of the applicant shall | 18 | | be found to be less than the minimum standard fixed by the | 19 | | rules of the commission, the applicant shall not be appointed. | 20 | | The applicant's name may be retained upon the register of | 21 | | candidates eligible for appointment and when next reached for | 22 | | certification and appointment that applicant may be again | 23 | | examined as provided in this Section, and if the physical | 24 | | ability of that applicant is found to be less than the minimum | 25 | | standard fixed by the rules of the commission, the applicant | 26 | | shall not be appointed, and the name of the applicant shall be |
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| 1 | | removed from the register. | 2 | | (d) Notice, examination, and testing components. Notice of | 3 | | the time, place, general scope, merit criteria for any | 4 | | subjective component, and fee of every examination shall be | 5 | | given by the commission, by a publication at least 2 weeks | 6 | | preceding the examination: (i) in one or more newspapers | 7 | | published in the municipality, or if no newspaper is published | 8 | | therein, then in one or more newspapers with a general | 9 | | circulation within the municipality, or (ii) on the | 10 | | municipality's Internet website. Additional notice of the | 11 | | examination may be given as the commission shall prescribe. | 12 | | The examination and qualifying standards for employment of | 13 | | firefighters shall be based on: mental aptitude, physical | 14 | | ability, preferences, moral character, and health. The mental | 15 | | aptitude, physical ability, and preference components shall | 16 | | determine an applicant's qualification for and placement on the | 17 | | final register of eligibles. The examination may also include a | 18 | | subjective component based on merit criteria as determined by | 19 | | the commission. Scores from the examination must be made | 20 | | available to the public. | 21 | | (e) Mental aptitude. No person who does not possess at | 22 | | least a high school diploma or an equivalent high school | 23 | | education shall be placed on a register of eligibles. | 24 | | Examination of an applicant's mental aptitude shall be based | 25 | | upon a written examination. The examination shall be practical | 26 | | in character and relate to those matters that fairly test the |
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| 1 | | capacity of the persons examined to discharge the duties | 2 | | performed by members of a fire department. Written examinations | 3 | | shall be administered in a manner that ensures the security and | 4 | | accuracy of the scores achieved. | 5 | | (f) Physical ability. All candidates shall be required to | 6 | | undergo an examination of their physical ability to perform the | 7 | | essential functions included in the duties they may be called | 8 | | upon to perform as a member of a fire department. For the | 9 | | purposes of this Section, essential functions of the job are | 10 | | functions associated with duties that a firefighter may be | 11 | | called upon to perform in response to emergency calls. The | 12 | | frequency of the occurrence of those duties as part of the fire | 13 | | department's regular routine shall not be a controlling factor | 14 | | in the design of examination criteria or evolutions selected | 15 | | for testing. These physical examinations shall be open, | 16 | | competitive, and based on industry standards designed to test | 17 | | each applicant's physical abilities in the following | 18 | | dimensions: | 19 | | (1) Muscular strength to perform tasks and evolutions | 20 | | that may be required in the performance of duties including | 21 | | grip strength, leg strength, and arm strength. Tests shall | 22 | | be conducted under anaerobic as well as aerobic conditions | 23 | | to test both the candidate's speed and endurance in | 24 | | performing tasks and evolutions. Tasks tested may be based | 25 | | on standards developed, or approved, by the local | 26 | | appointing authority. |
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| 1 | | (2) The ability to climb ladders, operate from heights, | 2 | | walk or crawl in the dark along narrow and uneven surfaces, | 3 | | and operate in proximity to hazardous environments. | 4 | | (3) The ability to carry out critical, time-sensitive, | 5 | | and complex problem solving during physical exertion in | 6 | | stressful and hazardous environments. The testing | 7 | | environment may be hot and dark with tightly enclosed | 8 | | spaces, flashing lights, sirens, and other distractions. | 9 | | The tests utilized to measure each applicant's
| 10 | | capabilities in each of these dimensions may be tests based on
| 11 | | industry standards currently in use or equivalent tests | 12 | | approved by the Joint Labor-Management Committee of the Office | 13 | | of the State Fire Marshal. | 14 | | Physical ability examinations administered under this | 15 | | Section shall be conducted with a reasonable number of proctors | 16 | | and monitors, open to the public, and subject to reasonable | 17 | | regulations of the commission. | 18 | | (g) Scoring of examination components. Appointing | 19 | | authorities may create a preliminary eligibility register. A | 20 | | person shall be placed on the list based upon his or her | 21 | | passage of the written examination or the passage of the | 22 | | written examination and the physical ability component. | 23 | | Passage of the written examination means attaining the minimum | 24 | | score set by the commission a score that is at or above the | 25 | | median score for all applicants participating in the written | 26 | | test . Minimum scores should be set by the commission so as to |
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| 1 | | demonstrate a candidate's ability to perform the essential | 2 | | functions of the job. The minimum score set by the commission | 3 | | shall be supported by appropriate validation evidence and shall | 4 | | comply with all applicable state and federal laws. The | 5 | | appointing authority may conduct the physical ability | 6 | | component and any subjective components subsequent to the | 7 | | posting of the preliminary eligibility register. | 8 | | The examination components for an initial eligibility | 9 | | register 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
person's results on any subjective component as described | 14 | | in
subsection (d). | 15 | | In order to qualify for placement on the final eligibility | 16 | | register, an applicant's score on the written examination, | 17 | | before any applicable preference points or subjective points | 18 | | are applied, shall be at or above the minimum score as set by | 19 | | the commission median score . The local appointing authority may | 20 | | prescribe the score to qualify for placement on the final | 21 | | eligibility register, but the score shall not be less than the | 22 | | minimum score set by the commission median score . | 23 | | The commission shall prepare and keep a register of persons | 24 | | whose total score is not less than the minimum score for | 25 | | passage fixed by this Section and who have passed the physical | 26 | | ability examination. These persons shall take rank upon the |
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| 1 | | register as candidates in the order of their relative | 2 | | excellence based on the highest to the lowest total points | 3 | | scored on the mental aptitude, subjective component, and | 4 | | preference components of the test administered in accordance | 5 | | with this Section. No more than 60 days after each examination, | 6 | | an initial eligibility list shall be posted by the commission. | 7 | | The list shall include the final grades of the candidates | 8 | | without reference to priority of the time of examination and | 9 | | subject to claim for preference credit. | 10 | | Commissions may conduct additional examinations, including | 11 | | without limitation a polygraph test, after a final eligibility | 12 | | register is established and before it expires with the | 13 | | candidates ranked by total score without regard to date of | 14 | | examination. No more than 60 days after each examination, an | 15 | | initial eligibility list shall be posted by the commission | 16 | | showing the final grades of the candidates without reference to | 17 | | priority of time of examination and subject to claim for | 18 | | preference credit. | 19 | | (h) Preferences. The following are preferences: | 20 | | (1) Veteran preference. Persons who were engaged in the | 21 | | military service of the United States for a period of at | 22 | | least one year of active duty and who were honorably | 23 | | discharged therefrom, or who are now or have been members | 24 | | on inactive or reserve duty in such military or naval | 25 | | service, shall be preferred for appointment to and | 26 | | employment with the fire department of an affected |
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| 1 | | department. | 2 | | (2) Fire cadet preference. Persons who have | 3 | | successfully completed 2 years of study in fire techniques | 4 | | or cadet training within a cadet program established under | 5 | | the rules of the Joint Labor and Management Committee | 6 | | (JLMC), as defined in Section 50 of the Fire Department | 7 | | Promotion Act, may be preferred for appointment to and | 8 | | employment with the fire department. | 9 | | (3) Educational preference. Persons who have | 10 | | successfully obtained an associate's degree in the field of | 11 | | fire service or emergency medical services, or a bachelor's | 12 | | degree from an accredited college or university may be | 13 | | preferred for appointment to and employment with the fire | 14 | | department. | 15 | | (4) Paramedic preference. Persons who have obtained | 16 | | certification as an Emergency Medical Technician-Paramedic | 17 | | (EMT-P) shall be preferred for appointment to and | 18 | | employment with the fire department of an affected | 19 | | department providing emergency medical services. | 20 | | (5) Experience preference. All persons employed by a | 21 | | municipality who have been paid-on-call or part-time | 22 | | certified Firefighter II, State of Illinois or nationally | 23 | | licensed EMT-B or EMT-I, or any combination of those | 24 | | capacities shall be awarded 0.5 point for each year of | 25 | | successful service in one or more of those capacities, up | 26 | | to a maximum of 5 points. Certified Firefighter III and |
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| 1 | | State of Illinois or nationally licensed paramedics shall | 2 | | be awarded one point per year up to a maximum of 5 points. | 3 | | Applicants from outside the municipality who were employed | 4 | | as full-time firefighters or firefighter-paramedics by a | 5 | | fire protection district or another municipality for at | 6 | | least 2 years shall be awarded 5 experience preference | 7 | | points. These additional points presuppose a rating scale | 8 | | totaling 100 points available for the eligibility list. If | 9 | | more or fewer points are used in the rating scale for the | 10 | | eligibility list, the points awarded under this subsection | 11 | | shall be increased or decreased by a factor equal to the | 12 | | total possible points available for the examination | 13 | | divided by 100. | 14 | | Upon request by the commission, the governing body of | 15 | | the municipality or in the case of applicants from outside | 16 | | the municipality the governing body of any fire protection | 17 | | district or any other municipality shall certify to the | 18 | | commission, within 10 days after the request, the number of | 19 | | years of successful paid-on-call, part-time, or full-time | 20 | | service of any person. A candidate may not receive the full | 21 | | amount of preference points under this subsection if the | 22 | | amount of points awarded would place the candidate before a | 23 | | veteran on the eligibility list. If more than one candidate | 24 | | receiving experience preference points is prevented from | 25 | | receiving all of their points due to not being allowed to | 26 | | pass a veteran, the candidates shall be placed on the list |
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| 1 | | below the veteran in rank order based on the totals | 2 | | received if all points under this subsection were to be | 3 | | awarded. Any remaining ties on the list shall be determined | 4 | | by lot. | 5 | | (6) Residency preference. Applicants whose principal | 6 | | residence is located within the fire department's | 7 | | jurisdiction shall be preferred for appointment to and | 8 | | employment with the fire department. | 9 | | (7) Additional preferences. Up to 5 additional | 10 | | preference points may be awarded for unique categories | 11 | | based on an applicant's experience or background as | 12 | | identified by the commission. | 13 | | (8) Scoring of preferences. The commission shall give | 14 | | preference for original appointment
to persons designated | 15 | | in item (1)
by adding to the final grade that they receive | 16 | | 5 points
for the recognized preference achieved. The | 17 | | commission shall determine the number of preference points | 18 | | for each category except (1). The number of preference | 19 | | points for each category shall range from 0 to 5. In | 20 | | determining the number of preference points, the | 21 | | commission shall prescribe that if a candidate earns the | 22 | | maximum number of preference points in all categories, that | 23 | | number may not be less than 10 nor more than 30. The | 24 | | commission shall give preference for original appointment | 25 | | to persons designated in items (2) through (7) by adding | 26 | | the requisite number of points to the final grade for each |
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| 1 | | recognized preference achieved. The numerical result thus | 2 | | attained shall be applied by the commission in determining | 3 | | the final eligibility list and appointment from the | 4 | | eligibility list. The local appointing authority may | 5 | | prescribe the total number of preference points awarded | 6 | | under this Section, but the total number of preference | 7 | | points shall not be less than 10 points or more than 30 | 8 | | points. | 9 | | No person entitled to any preference shall be required to | 10 | | claim the credit before any examination held under the | 11 | | provisions of this Section, but the preference shall be given | 12 | | after the posting or publication of the initial eligibility | 13 | | list or register at the request of a person entitled to a | 14 | | credit before any certification or appointments are made from | 15 | | the eligibility register, upon the furnishing of verifiable | 16 | | evidence and proof of qualifying preference credit. Candidates | 17 | | who are eligible for preference credit shall make a claim in | 18 | | writing within 10 days after the posting of the initial | 19 | | eligibility list, or the claim shall be deemed waived. Final | 20 | | eligibility registers shall be established after the awarding | 21 | | of verified preference points. All employment shall be subject | 22 | | to the commission's initial hire background review including, | 23 | | but not limited to, criminal history, employment history, moral | 24 | | character, oral examination, and medical and psychological | 25 | | examinations, all on a pass-fail basis. The medical and | 26 | | psychological examinations must be conducted last, and may only |
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| 1 | | be performed after a conditional offer of employment has been | 2 | | extended. | 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 his or her name has been on the list for a period | 7 | | of 2 years. No person who has attained the age of 35 years | 8 | | shall be inducted into a fire department, except as otherwise | 9 | | provided 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 2 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 the 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 the | 24 | | Criminal Code of 2012, or arrest for any cause without | 25 | | conviction thereon. Any such person who is in the department | 26 | | may be removed on charges brought for violating this subsection |
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| 1 | | and after a trial as hereinafter provided. | 2 | | A classifiable set of the fingerprints of every person who | 3 | | is offered employment as a certificated member of an affected | 4 | | fire department whether with or without compensation, shall be | 5 | | furnished to the Illinois Department of State Police and to the | 6 | | Federal Bureau of Investigation by the commission. | 7 | | Whenever a commission is authorized or required by law to | 8 | | consider some aspect of criminal history record information for | 9 | | the purpose of carrying out its statutory powers and | 10 | | responsibilities, then, upon request and payment of fees in | 11 | | conformance with the requirements of Section 2605-400 of the | 12 | | State Police Law of the Civil Administrative Code of Illinois, | 13 | | the Department of State Police is authorized to furnish, | 14 | | pursuant to positive identification, the information contained | 15 | | in State files as is necessary to fulfill the 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 | | only until regular appointments are made under the provisions | 21 | | of this Division, 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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| 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 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 9 | | 97-1150, eff. 1-25-13.) | 10 | | (65 ILCS 5/10-2.1-6.4) | 11 | | Sec. 10-2.1-6.4. Alternative procedure; original | 12 | | appointment; full-time firefighter. | 13 | | (a) Authority. The Joint Labor and Management Committee | 14 | | (JLMC), as defined in Section 50 of the Fire Department | 15 | | Promotion Act, may establish a community outreach program to | 16 | | market the profession of firefighter and firefighter-paramedic | 17 | | so as to ensure the pool of applicants recruited is of broad | 18 | | diversity and the highest quality. | 19 | | For the purposes of this Section, "firefighter" means any | 20 | | person who has been prior to, on, or after the effective date | 21 | | of this amendatory Act of the 97th General Assembly appointed | 22 | | to a fire department or fire protection district or employed by | 23 | | a State university and sworn or commissioned to perform | 24 | | firefighter duties or paramedic duties, or both, except that | 25 | | the following persons are not included: part-time |
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| 1 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 2 | | including paid-on-call firefighters; clerks and dispatchers or | 3 | | other civilian employees of a fire department or fire | 4 | | protection district who are not routinely expected to perform | 5 | | firefighter duties; and elected officials. | 6 | | (b) Eligibility. Persons eligible for placement on the | 7 | | master register of eligibles shall consist of the following: | 8 | | Persons who have participated in and received a passing | 9 | | total score on the mental aptitude, physical ability, and | 10 | | preference components of a regionally administered test | 11 | | based on the standards described in this Section. The | 12 | | standards for administering these tests and the minimum | 13 | | passing score required for placement on this list shall be | 14 | | as is set forth in this Section. | 15 | | Qualified candidates shall be listed on the master | 16 | | register of eligibles in highest to lowest rank order based | 17 | | upon their test scores without regard to their date of | 18 | | examination. Candidates listed on the master register of | 19 | | eligibles shall be eligible for appointment for 2 years | 20 | | after the date of the certification of their final score on | 21 | | the register without regard to the date of their | 22 | | examination. After 2 years, the candidate's name shall be | 23 | | struck from the list. | 24 | | Any person currently employed as a full-time member of | 25 | | a fire department or any person who has experienced a | 26 | | non–voluntary (and non-disciplinary) separation from the |
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| 1 | | active workforce due to a reduction in the number of | 2 | | departmental officers, who was appointed pursuant to | 3 | | Division 1 of Article 10 of the Illinois Municipal Code, | 4 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 5 | | or the Fire Protection District Act, and who during the | 6 | | previous 24 months participated in and received a passing | 7 | | score on the physical ability and mental aptitude | 8 | | components of the test may request that his or her name be | 9 | | added to the master register. Any eligible person may be | 10 | | offered employment by a local commission under the same | 11 | | procedures as provided by this Section except that the | 12 | | apprenticeship period may be waived and the applicant may | 13 | | be immediately issued a certificate of original | 14 | | appointment by the local commission. | 15 | | (c) Qualifications for placement on register of eligibles. | 16 | | The purpose for establishing a master register of eligibles | 17 | | shall be to identify applicants who possess and demonstrate the | 18 | | mental aptitude and physical ability to perform the duties | 19 | | required of members of the fire department in order to provide | 20 | | the highest quality of service to the public. To this end, all | 21 | | applicants for original appointment to an affected fire | 22 | | department through examination conducted by the Joint Labor and | 23 | | Management Committee (JLMC) shall be subject to examination and | 24 | | testing which shall be public, competitive, and open to all | 25 | | applicants. Any examination and testing procedure utilized | 26 | | under subsection (e) of this Section shall be supported by |
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| 1 | | appropriate validation evidence and shall comply with all | 2 | | applicable state and federal laws. Any subjective component of | 3 | | the testing must be administered by certified assessors. All | 4 | | qualifying and disqualifying factors applicable to examination | 5 | | processes for local commissions in this amendatory Act of the | 6 | | 97th General Assembly shall be applicable to persons | 7 | | participating in Joint Labor and Management Committee | 8 | | examinations unless specifically provided otherwise in this | 9 | | Section. | 10 | | Notice of the time, place, general scope, and fee of every | 11 | | JLMC examination shall be given by the JLMC or designated | 12 | | testing agency, as applicable, by a publication at least 30 | 13 | | days preceding the examination, in one or more newspapers | 14 | | published in the region, or if no newspaper is published | 15 | | therein, then in one or more newspapers with a general | 16 | | circulation within the region. The JLMC may publish the notice | 17 | | on the JLMC's Internet website. Additional notice of the | 18 | | examination may be given as the JLMC shall prescribe. | 19 | | (d) Examination and testing components for placement on | 20 | | register of eligibles. The examination and qualifying | 21 | | standards for placement on the master register of eligibles and | 22 | | employment shall be based on the following components: mental | 23 | | aptitude, physical ability, preferences, moral character, and | 24 | | health. The mental aptitude, physical ability, and preference | 25 | | components shall determine an applicant's qualification for | 26 | | and placement on the master register of eligibles. The |
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| 1 | | consideration of an applicant's general moral character and | 2 | | health shall be administered on a pass-fail basis after a | 3 | | conditional offer of employment is made by a local commission. | 4 | | (e) Mental aptitude. Examination of an applicant's mental | 5 | | aptitude shall be based upon written examination and an | 6 | | applicant's prior experience demonstrating an aptitude for and | 7 | | commitment to service as a member of a fire department. Written | 8 | | examinations shall be practical in character and relate to | 9 | | those matters that fairly test the capacity of the persons | 10 | | examined to discharge the duties performed by members of a fire | 11 | | department. Written examinations shall be administered in a | 12 | | manner that ensures the security and accuracy of the scores | 13 | | achieved. Any subjective component of the testing must be | 14 | | administered by certified assessors. No person who does not | 15 | | possess a high school diploma or an equivalent high school | 16 | | education shall be placed on a register of eligibles. Local | 17 | | commissions may establish educational, emergency medical | 18 | | service licensure, and other pre-requisites for hire within | 19 | | 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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| 1 | | frequency of the occurrence of those 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. These physical examinations shall be open, | 5 | | competitive, and based on industry standards designed to test | 6 | | each applicant's physical abilities in each of the following | 7 | | dimensions: | 8 | | (1) Muscular strength to perform tasks and evolutions | 9 | | that may be required in the performance of duties including | 10 | | grip strength, leg strength, and arm strength. Tests shall | 11 | | be conducted under anaerobic as well as aerobic conditions | 12 | | to test both the candidate's speed and endurance in | 13 | | performing tasks and evolutions. Tasks tested are to be | 14 | | based on industry standards developed by the JLMC by rule. | 15 | | (2) The ability to climb ladders, operate from heights, | 16 | | walk or crawl in the dark along narrow and uneven surfaces, | 17 | | and operate in proximity to hazardous environments. | 18 | | (3) The ability to carry out critical, time-sensitive, | 19 | | and complex problem solving during physical exertion in | 20 | | stressful and hazardous environments. The testing | 21 | | environment may be hot and dark with tightly enclosed | 22 | | spaces, flashing lights, sirens, and other distractions. | 23 | | The tests utilized to measure each applicant's
| 24 | | capabilities in each of these dimensions may be tests based on
| 25 | | industry standards currently in use or equivalent tests | 26 | | approved by the Joint Labor-Management Committee of the Office |
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| 1 | | of the State Fire Marshal. | 2 | | (g) Scoring of examination components. The examination | 3 | | components shall be graded on a 100-point scale. A person's | 4 | | position on the master register of eligibles shall be | 5 | | determined by the person's score on the written examination, | 6 | | the person successfully passing the physical ability | 7 | | component, and the addition of any applicable preference | 8 | | points. | 9 | | Applicants who have achieved at least the minimum score as | 10 | | set by the JLMC median score of all applicants participating in | 11 | | the written examination at the same time , and who successfully | 12 | | pass the physical ability examination shall be placed on the | 13 | | initial eligibility register. Minimum scores should be set by | 14 | | the commission so as to demonstrate a candidate's ability to | 15 | | perform the essential functions of the job. The minimum score | 16 | | set by the commission shall be supported by appropriate | 17 | | validation evidence and shall comply with all applicable state | 18 | | and federal laws. Applicable preference points shall be added | 19 | | to the written examination scores for all applicants who | 20 | | qualify for the initial eligibility register. Applicants who | 21 | | score at or above the minimum passing score as set by the JLMC | 22 | | in the top 70th percentile or higher , including any applicable | 23 | | preference points, shall be placed on the master register of | 24 | | eligibles by the JLMC. | 25 | | These persons shall take rank upon the register as | 26 | | candidates in the order of their relative excellence based on |
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| 1 | | the highest to the lowest total points scored on the mental | 2 | | aptitude and physical ability components, plus any applicable | 3 | | preference points requested and verified by the JLMC, or | 4 | | approved testing agency. | 5 | | No more than 60 days after each examination, a revised | 6 | | master register of eligibles shall be posted by the JLMC | 7 | | showing the final grades of the candidates without reference to | 8 | | priority of time of examination. | 9 | | (h) Preferences. The board shall give military, education, | 10 | | and experience preference points to those who qualify for | 11 | | placement on the master register of eligibles, on the same | 12 | | basis as provided for examinations administered by a local | 13 | | commission. | 14 | | No person entitled to preference or credit shall be | 15 | | required to claim the credit before any examination held under | 16 | | the provisions of this Section. The preference shall be given | 17 | | after the posting or publication of the applicant's initial | 18 | | score at the request of the person before finalizing the scores | 19 | | from all applicants taking part in a JLMC examination. | 20 | | Candidates who are eligible for preference credit shall make a | 21 | | claim in writing within 10 days after the posting of the | 22 | | initial scores from any JLMC test or the claim shall be deemed | 23 | | waived. Once preference points are awarded, the candidates | 24 | | shall be certified to the master register in accordance with | 25 | | their final score including preference points. | 26 | | (i) Firefighter apprentice and firefighter-paramedic |
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| 1 | | apprentice. The employment of an applicant to an apprentice | 2 | | position (including a currently employed full-time member of a | 3 | | fire department whose apprenticeship may be reduced or waived) | 4 | | shall be subject to the applicant passing the moral character | 5 | | standards and health examinations of the local commission. In | 6 | | addition, a local commission may require as a condition of | 7 | | employment that the applicant demonstrate current physical | 8 | | ability by either passing the local commission's approved | 9 | | physical ability examination, or by presenting proof of | 10 | | participating in and receiving a passing score on the physical | 11 | | ability component of a JLMC test within a period of up to 12 | 12 | | months before the date of the conditional offer of employment. | 13 | | Applicants shall be subject to the local commission's initial | 14 | | hire background review including criminal history, employment | 15 | | history, moral character, oral examination, and medical | 16 | | examinations which may include polygraph, psychological, and | 17 | | drug screening components, all on a pass-fail basis. The | 18 | | medical examinations must be conducted last, and may only be | 19 | | performed after a conditional offer of employment has been | 20 | | extended. | 21 | | (j) Selection from list. Any municipality or fire | 22 | | protection district that is a party to an intergovernmental | 23 | | agreement under the terms of which persons have been tested for | 24 | | placement on the master register of eligibles shall be entitled | 25 | | to offer employment to any person on the list irrespective of | 26 | | their ranking on the list. The offer of employment shall be to |
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| 1 | | the position of firefighter apprentice or | 2 | | firefighter-paramedic apprentice. | 3 | | Applicants passing these tests may be employed as a | 4 | | firefighter apprentice or a firefighter-paramedic apprentice | 5 | | who shall serve an apprenticeship period of 12 months or less | 6 | | according to the terms and conditions of employment as the | 7 | | employing municipality or district offers, or as provided for | 8 | | under the terms of any collective bargaining agreement then in | 9 | | effect. The apprenticeship period is separate from the | 10 | | probationary period. | 11 | | Service during the apprenticeship period shall be on a | 12 | | probationary basis. During the apprenticeship period, the | 13 | | apprentice's training and performance shall be monitored and | 14 | | evaluated by a Joint Apprenticeship Committee. | 15 | | The Joint Apprenticeship Committee shall consist of 4 | 16 | | members who shall be regular members of the fire department | 17 | | with at least 10 years of full-time work experience as a | 18 | | firefighter or firefighter-paramedic. The fire chief and the | 19 | | president of the exclusive bargaining representative | 20 | | recognized by the employer shall each appoint 2 members to the | 21 | | Joint Apprenticeship Committee. In the absence of an exclusive | 22 | | collective bargaining representative, the chief shall appoint | 23 | | the remaining 2 members who shall be from the ranks of company | 24 | | officer and firefighter with at least 10 years of work | 25 | | experience as a firefighter or firefighter-paramedic. In the | 26 | | absence of a sufficient number of qualified firefighters, the |
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| 1 | | Joint Apprenticeship Committee members shall have the amount of | 2 | | experience and the type of qualifications as is reasonable | 3 | | given the circumstances of the fire department. In the absence | 4 | | of a full-time member in a rank between chief and the highest | 5 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 6 | | shall be reduced to 2 members, one to be appointed by the chief | 7 | | and one by the union president, if any. If there is no | 8 | | exclusive bargaining representative, the chief shall appoint | 9 | | the second member of the Joint Apprenticeship Committee from | 10 | | among qualified members in the ranks of company officer and | 11 | | below. Before the conclusion of the apprenticeship period, the | 12 | | Joint Apprenticeship Committee shall meet to consider the | 13 | | apprentice's progress and performance and vote to retain the | 14 | | apprentice as a member of the fire department or to terminate | 15 | | the apprenticeship. If 3 of the 4 members of the Joint | 16 | | Apprenticeship Committee affirmatively vote to retain the | 17 | | apprentice (if a 2 member Joint Apprenticeship Committee | 18 | | exists, then both members must affirmatively vote to retain the | 19 | | apprentice), the local commission shall issue the apprentice a | 20 | | certificate of original appointment to the fire department. | 21 | | (k) A person who knowingly divulges or receives test | 22 | | questions or answers before a written examination, or otherwise | 23 | | knowingly violates or subverts any requirement of this Section, | 24 | | commits a violation of this Section and may be subject to | 25 | | charges for official misconduct. | 26 | | A person who is the knowing recipient of test information |
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| 1 | | in advance of the examination shall be disqualified from the | 2 | | examination or discharged from the position to which he or she | 3 | | was appointed, as applicable, and otherwise subjected to | 4 | | disciplinary actions. | 5 | | (l) Applicability. This Section does not apply to a | 6 | | municipality with more than 1,000,000 inhabitants.
| 7 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.) | 8 | | Section 10. The Fire Protection District Act is amended by | 9 | | changing Sections 16.06b, and 16.06c as follows: | 10 | | (70 ILCS 705/16.06b) | 11 | | Sec. 16.06b. Original appointments; full-time fire | 12 | | department. | 13 | | (a) Applicability. Unless a commission elects to follow the | 14 | | provisions of Section 16.06c, this Section shall apply to all | 15 | | original appointments to an affected full-time fire | 16 | | department. Existing registers of eligibles shall continue to | 17 | | be valid until their expiration dates, or up to a maximum of 2 | 18 | | years after the effective date of this amendatory Act of the | 19 | | 97th General Assembly. | 20 | | Notwithstanding any statute, ordinance, rule, or other law | 21 | | to the contrary, all original appointments to an affected | 22 | | department to which this Section applies shall be administered | 23 | | in a no less stringent manner than the manner provided for in | 24 | | this Section. Provisions of the Illinois Municipal Code, Fire |
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| 1 | | Protection District Act, fire district ordinances, and rules | 2 | | adopted pursuant to such authority and other laws relating to | 3 | | initial hiring of firefighters in affected departments shall | 4 | | continue to apply to the extent they are compatible with this | 5 | | Section, but in the event of a conflict between this Section | 6 | | and any other law, this Section shall control. | 7 | | A fire protection district that is operating under a court | 8 | | order or consent decree regarding original appointments to a | 9 | | full-time fire department before the effective date of this | 10 | | amendatory Act of the 97th General Assembly is exempt from the | 11 | | requirements of this Section for the duration of the court | 12 | | order or consent decree. | 13 | | (b) Original appointments. All original appointments made | 14 | | to an affected fire department shall be made from a register of | 15 | | eligibles established in accordance with the processes | 16 | | required by this Section. Only persons who meet or exceed the | 17 | | performance standards required by the Section shall be placed | 18 | | on a register of eligibles for original appointment to an | 19 | | affected fire department. | 20 | | Whenever an appointing authority authorizes action to hire | 21 | | a person to perform the duties of a firefighter or to hire a | 22 | | firefighter-paramedic to fill a position that is a new position | 23 | | or vacancy due to resignation, discharge, promotion, death, the | 24 | | granting of a disability or retirement pension, or any other | 25 | | cause, the appointing authority shall appoint to that position | 26 | | the person with the highest ranking on the final eligibility |
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| 1 | | list. If the appointing authority has reason to conclude that | 2 | | the highest ranked person fails to meet the minimum standards | 3 | | for the position or if the appointing authority believes an | 4 | | alternate candidate would better serve the needs of the | 5 | | department, then the appointing authority has the right to pass | 6 | | over the highest ranked person and appoint either: (i) any | 7 | | person who has a ranking in the top 5% of the register of | 8 | | eligibles or (ii) any person who is among the top 5 highest | 9 | | ranked persons on the list of eligibles if the number of people | 10 | | who have a ranking in the top 5% of the register of eligibles | 11 | | is less than 5 people. | 12 | | Any candidate may pass on an appointment once without | 13 | | losing his or her position on the register of eligibles. Any | 14 | | candidate who passes a second time may be removed from the list | 15 | | by the appointing authority provided that such action shall not | 16 | | prejudice a person's opportunities to participate in future | 17 | | examinations, including an examination held during the time a | 18 | | candidate is already on the fire district's register of | 19 | | eligibles. | 20 | | The sole authority to issue certificates of appointment | 21 | | shall be vested in the board of fire commissioners, or board of | 22 | | trustees serving in the capacity of a board of fire | 23 | | commissioners. All certificates of appointment issued to any | 24 | | officer or member of an affected department shall be signed by | 25 | | the chairperson and secretary, respectively, of the commission | 26 | | upon appointment of such officer or member to the affected |
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| 1 | | department by action of the commission. Each person who accepts | 2 | | a certificate of appointment and successfully completes his or | 3 | | her probationary period shall be enrolled as a firefighter and | 4 | | as a regular member of the fire department. | 5 | | For the purposes of this Section, "firefighter" means any | 6 | | person who has been prior to, on, or after the effective date | 7 | | of this amendatory Act of the 97th General Assembly appointed | 8 | | to a fire department or fire protection district or employed by | 9 | | a State university and sworn or commissioned to perform | 10 | | firefighter duties or paramedic duties, or both, except that | 11 | | the following persons are not included: part-time | 12 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 13 | | including paid-on-call firefighters; clerks and dispatchers or | 14 | | other civilian employees of a fire department or fire | 15 | | protection district who are not routinely expected to perform | 16 | | firefighter duties; and elected officials. | 17 | | (c) Qualification for placement on register of eligibles. | 18 | | The purpose of establishing a register of eligibles is to | 19 | | identify applicants who possess and demonstrate the mental | 20 | | aptitude and physical ability to perform the duties required of | 21 | | members of the fire department in order to provide the highest | 22 | | quality of service to the public. To this end, all applicants | 23 | | for original appointment to an affected fire department shall | 24 | | be subject to examination and testing which shall be public, | 25 | | competitive, and open to all applicants unless the district | 26 | | shall by ordinance limit applicants to residents of the |
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| 1 | | district, county or counties in which the district is located, | 2 | | State, or nation. Any examination and testing procedure | 3 | | utilized under subsection (e) of this Section shall be | 4 | | supported by appropriate validation evidence and shall comply | 5 | | with all applicable state and federal laws. Districts may | 6 | | establish educational, emergency medical service licensure, | 7 | | and other pre-requisites for participation in an examination or | 8 | | for hire as a firefighter. Any fire protection district may | 9 | | charge a fee to cover the costs of the application process. | 10 | | Residency requirements in effect at the time an individual | 11 | | enters the fire service of a district cannot be made more | 12 | | restrictive for that individual during his or her period of | 13 | | service for that district, or be made a condition of promotion, | 14 | | except for the rank or position of fire chief and for no more | 15 | | than 2 positions that rank immediately below that of the chief | 16 | | rank which are appointed positions pursuant to the Fire | 17 | | Department Promotion Act. | 18 | | No person who is 35 years of age or older shall be eligible | 19 | | to take an examination for a position as a firefighter unless | 20 | | the person has had previous employment status as a firefighter | 21 | | in the regularly constituted fire department of the district, | 22 | | except as provided in this Section. The age limitation does not | 23 | | apply to: | 24 | | (1) any person previously employed as a full-time | 25 | | firefighter in a regularly constituted fire department of | 26 | | (i) any municipality or fire protection district located in |
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| 1 | | Illinois, (ii) a fire protection district whose | 2 | | obligations were assumed by a municipality under Section 21 | 3 | | of the Fire Protection District Act, or (iii) a | 4 | | municipality whose obligations were taken over by a fire | 5 | | protection district, or | 6 | | (2) any person who has served a fire district as a | 7 | | regularly enrolled volunteer, paid-on-call, or part-time | 8 | | firefighter for the 5 years immediately preceding the time | 9 | | that the district begins to use full-time firefighters to | 10 | | provide all or part of its fire protection service. | 11 | | No person who is under 21 years of age shall be eligible | 12 | | for employment as a firefighter. | 13 | | No applicant shall be examined concerning his or her | 14 | | political or religious opinions or affiliations. The | 15 | | examinations shall be conducted by the commissioners of the | 16 | | district or their designees and agents. | 17 | | No district shall require that any firefighter appointed to | 18 | | the lowest rank serve a probationary employment period of | 19 | | longer than one year of actual active employment, which may | 20 | | exclude periods of training, or injury or illness leaves, | 21 | | including duty related leave, in excess of 30 calendar days. | 22 | | Notwithstanding anything to the contrary in this Section, the | 23 | | probationary employment period limitation may be extended for a | 24 | | firefighter who is required, as a condition of employment, to | 25 | | be a certified paramedic, during which time the sole reason | 26 | | that a firefighter may be discharged without a hearing is for |
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| 1 | | failing to meet the requirements for paramedic certification. | 2 | | In the event that any applicant who has been found eligible | 3 | | for appointment and whose name has been placed upon the final | 4 | | eligibility register provided for in this Section has not been | 5 | | appointed to a firefighter position within one year after the | 6 | | date of his or her physical ability examination, the commission | 7 | | may cause a second examination to be made of that applicant's | 8 | | physical ability prior to his or her appointment. If, after the | 9 | | second examination, the physical ability of the applicant shall | 10 | | be found to be less than the minimum standard fixed by the | 11 | | rules of the commission, the applicant shall not be appointed. | 12 | | The applicant's name may be retained upon the register of | 13 | | candidates eligible for appointment and when next reached for | 14 | | certification and appointment that applicant may be again | 15 | | examined as provided in this Section, and if the physical | 16 | | ability of that applicant is found to be less than the minimum | 17 | | standard fixed by the rules of the commission, the applicant | 18 | | shall not be appointed, and the name of the applicant shall be | 19 | | removed from the register. | 20 | | (d) Notice, examination, and testing components. Notice of | 21 | | the time, place, general scope, merit criteria for any | 22 | | subjective component, and fee of every examination shall be | 23 | | given by the commission, by a publication at least 2 weeks | 24 | | preceding the examination: (i) in one or more newspapers | 25 | | published in the district, or if no newspaper is published | 26 | | therein, then in one or more newspapers with a general |
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| 1 | | circulation within the district, or (ii) on the fire protection | 2 | | district's Internet website. Additional notice of the | 3 | | examination may be given as the commission shall prescribe. | 4 | | The examination and qualifying standards for employment of | 5 | | firefighters shall be based on: mental aptitude, physical | 6 | | ability, preferences, moral character, and health. The mental | 7 | | aptitude, physical ability, and preference components shall | 8 | | determine an applicant's qualification for and placement on the | 9 | | final register of eligibles. The examination may also include a | 10 | | subjective component based on merit criteria as determined by | 11 | | the commission. Scores from the examination must be made | 12 | | available to the public. | 13 | | (e) Mental aptitude. No person who does not possess at | 14 | | least a high school diploma or an equivalent high school | 15 | | education shall be placed on a register of eligibles. | 16 | | Examination of an applicant's mental aptitude shall be based | 17 | | upon a written examination. The examination shall be practical | 18 | | in character and relate to those matters that fairly test the | 19 | | capacity of the persons examined to discharge the duties | 20 | | performed by members of a fire department. Written examinations | 21 | | shall be administered in a manner that ensures the security and | 22 | | accuracy of the scores achieved. | 23 | | (f) Physical ability. All candidates shall be required to | 24 | | undergo an examination of their physical ability to perform the | 25 | | essential functions included in the duties they may be called | 26 | | upon to perform as a member of a fire department. For the |
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| 1 | | purposes of this Section, essential functions of the job are | 2 | | functions associated with duties that a firefighter may be | 3 | | called upon to perform in response to emergency calls. The | 4 | | frequency of the occurrence of those duties as part of the fire | 5 | | department's regular routine shall not be a controlling factor | 6 | | in the design of examination criteria or evolutions selected | 7 | | for testing. These physical examinations shall be open, | 8 | | competitive, and based on industry standards designed to test | 9 | | each applicant's physical abilities in the following | 10 | | dimensions: | 11 | | (1) Muscular strength to perform tasks and evolutions | 12 | | that may be required in the performance of duties including | 13 | | grip strength, leg strength, and arm strength. Tests shall | 14 | | be conducted under anaerobic as well as aerobic conditions | 15 | | to test both the candidate's speed and endurance in | 16 | | performing tasks and evolutions. Tasks tested may be based | 17 | | on standards developed, or approved, by the local | 18 | | appointing authority. | 19 | | (2) The ability to climb ladders, operate from heights, | 20 | | walk or crawl in the dark along narrow and uneven surfaces, | 21 | | and operate in proximity to hazardous environments. | 22 | | (3) The ability to carry out critical, time-sensitive, | 23 | | and complex problem solving during physical exertion in | 24 | | stressful and hazardous environments. The testing | 25 | | environment may be hot and dark with tightly enclosed | 26 | | spaces, flashing lights, sirens, and other distractions. |
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| 1 | | The tests utilized to measure each applicant's
| 2 | | capabilities in each of these dimensions may be tests based on
| 3 | | industry standards currently in use or equivalent tests | 4 | | approved by the Joint Labor-Management Committee of the Office | 5 | | of the State Fire Marshal. | 6 | | Physical ability examinations administered under this | 7 | | Section shall be conducted with a reasonable number of proctors | 8 | | and monitors, open to the public, and subject to reasonable | 9 | | regulations of the commission. | 10 | | (g) Scoring of examination components. Appointing | 11 | | authorities may create a preliminary eligibility register. A | 12 | | person shall be placed on the list based upon his or her | 13 | | passage of the written examination or the passage of the | 14 | | written examination and the physical ability component. | 15 | | Passage of the written examination means attaining the minimum | 16 | | score set by the commission a score that is at or above the | 17 | | median score for all applicants participating in the written | 18 | | test . Minimum scores should be set by the appointing | 19 | | authorities so as to demonstrate a candidate's ability to | 20 | | perform the essential functions of the job. The minimum score | 21 | | set by the commission shall be supported by appropriate | 22 | | validation evidence and shall comply with all applicable state | 23 | | and federal laws. The appointing authority may conduct the | 24 | | physical ability component and any subjective components | 25 | | subsequent to the posting of the preliminary eligibility | 26 | | register. |
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| 1 | | The examination components for an initial eligibility | 2 | | register shall be graded on a 100-point scale. A person's | 3 | | position on the list shall be determined by the following: (i)
| 4 | | the person's score on the written examination, (ii) the person
| 5 | | successfully passing the physical ability component, and (iii) | 6 | | the
person's results on any subjective component as described | 7 | | in
subsection (d). | 8 | | In order to qualify for placement on the final eligibility | 9 | | register, an applicant's score on the written examination, | 10 | | before any applicable preference points or subjective points | 11 | | are applied, shall be at or above the minimum score set by the | 12 | | commission be at or above the median score . The local | 13 | | appointing authority may prescribe the score to qualify for | 14 | | placement on the final eligibility register, but the score | 15 | | shall not be less than the minimum score set by the commission | 16 | | median score . | 17 | | The commission shall prepare and keep a register of persons | 18 | | whose total score is not less than the minimum score for | 19 | | passage fixed by this Section and who have passed the physical | 20 | | ability examination. These persons shall take rank upon the | 21 | | register as candidates in the order of their relative | 22 | | excellence based on the highest to the lowest total points | 23 | | scored on the mental aptitude, subjective component, and | 24 | | preference components of the test administered in accordance | 25 | | with this Section. No more than 60 days after each examination, | 26 | | an initial eligibility list shall be posted by the commission. |
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| 1 | | The list shall include the final grades of the candidates | 2 | | without reference to priority of the time of examination and | 3 | | subject to claim for preference credit. | 4 | | Commissions may conduct additional examinations, including | 5 | | without limitation a polygraph test, after a final eligibility | 6 | | register is established and before it expires with the | 7 | | candidates ranked by total score without regard to date of | 8 | | examination. No more than 60 days after each examination, an | 9 | | initial eligibility list shall be posted by the commission | 10 | | showing the final grades of the candidates without reference to | 11 | | priority of time of examination and subject to claim for | 12 | | preference credit. | 13 | | (h) Preferences. The following are preferences: | 14 | | (1) Veteran preference. Persons who were engaged in the | 15 | | military service of the United States for a period of at | 16 | | least one year of active duty and who were honorably | 17 | | discharged therefrom, or who are now or have been members | 18 | | on inactive or reserve duty in such military or naval | 19 | | service, shall be preferred for appointment to and | 20 | | employment with the fire department of an affected | 21 | | 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 Joint Labor and Management Committee | 26 | | (JLMC), as defined in Section 50 of the Fire Department |
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| 1 | | Promotion Act, may be preferred for appointment to and | 2 | | employment with 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 bachelor's | 6 | | degree from an accredited college or university may be | 7 | | preferred for appointment to and employment with the fire | 8 | | department. | 9 | | (4) Paramedic preference. Persons who have obtained | 10 | | certification as an Emergency Medical Technician-Paramedic | 11 | | (EMT-P) may be preferred for appointment to and employment | 12 | | with the fire department of an affected department | 13 | | providing emergency medical services. | 14 | | (5) Experience preference. All persons employed by a | 15 | | district who have been paid-on-call or part-time certified | 16 | | Firefighter II, certified Firefighter III, State of | 17 | | Illinois or nationally licensed EMT-B or EMT-I, licensed | 18 | | paramedic, or any combination of those capacities may be | 19 | | awarded up to a maximum of 5 points. However, the applicant | 20 | | may not be awarded more than 0.5 points for each complete | 21 | | year of paid-on-call or part-time service. Applicants from | 22 | | outside the district who were employed as full-time | 23 | | firefighters or firefighter-paramedics by a fire | 24 | | protection district or municipality for at least 2 years | 25 | | may be awarded up to 5 experience preference points. | 26 | | However, the applicant may not be awarded more than one |
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| 1 | | point for each complete year of full-time service. | 2 | | Upon request by the commission, the governing body of | 3 | | the district or in the case of applicants from outside the | 4 | | district the governing body of any other fire protection | 5 | | district or any municipality shall certify to the | 6 | | commission, within 10 days after the request, the number of | 7 | | years of successful paid-on-call, part-time, or full-time | 8 | | service of any person. A candidate may not receive the full | 9 | | amount of preference points under this subsection if the | 10 | | amount of points awarded would place the candidate before a | 11 | | veteran on the eligibility list. If more than one candidate | 12 | | receiving experience preference points is prevented from | 13 | | receiving all of their points due to not being allowed to | 14 | | pass a veteran, the candidates shall be placed on the list | 15 | | below the veteran in rank order based on the totals | 16 | | received if all points under this subsection were to be | 17 | | awarded. Any remaining ties on the list shall be determined | 18 | | by lot. | 19 | | (6) Residency preference. Applicants whose principal | 20 | | residence is located within the fire department's | 21 | | jurisdiction may be preferred for appointment to and | 22 | | employment with the fire department. | 23 | | (7) Additional preferences. Up to 5 additional | 24 | | preference points may be awarded for unique categories | 25 | | based on an applicant's experience or background as | 26 | | identified by the commission. |
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| 1 | | (8) Scoring of preferences. The
commission shall give | 2 | | preference for original appointment
to persons designated | 3 | | in item (1)
by adding to the final grade that they receive | 4 | | 5 points
for the recognized preference achieved. The | 5 | | commission shall determine the number of preference points | 6 | | for each category except (1). The number of preference | 7 | | points for each category shall range from 0 to 5. In | 8 | | determining the number of preference points, the | 9 | | commission shall prescribe that if a candidate earns the | 10 | | maximum number of preference points in all categories, that | 11 | | number may not be less than 10 nor more than 30. The | 12 | | commission shall give preference for original appointment | 13 | | to persons designated in items (2) through (7) by adding | 14 | | the requisite number of points to the final grade for each | 15 | | recognized preference achieved. The numerical result thus | 16 | | attained shall be applied by the commission in determining | 17 | | the final eligibility list and appointment from the | 18 | | eligibility list. The local appointing authority may | 19 | | prescribe the total number of preference points awarded | 20 | | under this Section, but the total number of preference | 21 | | points shall not be less than 10 points or more than 30 | 22 | | points. | 23 | | No person entitled to any preference shall be required to | 24 | | claim the credit before any examination held under the | 25 | | provisions of this Section, but the preference shall be given | 26 | | after the posting or publication of the initial eligibility |
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| 1 | | list or register at the request of a person entitled to a | 2 | | credit before any certification or appointments are made from | 3 | | the eligibility register, upon the furnishing of verifiable | 4 | | evidence and proof of qualifying preference credit. Candidates | 5 | | who are eligible for preference credit shall make a claim in | 6 | | writing within 10 days after the posting of the initial | 7 | | eligibility list, or the claim shall be deemed waived. Final | 8 | | eligibility registers shall be established after the awarding | 9 | | of verified preference points. All employment shall be subject | 10 | | to the commission's initial hire background review including, | 11 | | but not limited to, criminal history, employment history, moral | 12 | | character, oral examination, and medical and psychological | 13 | | examinations, all on a pass-fail basis. The medical and | 14 | | psychological examinations must be conducted last, and may only | 15 | | be performed after a conditional offer of employment has been | 16 | | extended. | 17 | | Any person placed on an eligibility list who exceeds the | 18 | | age requirement before being appointed to a fire department | 19 | | shall remain eligible for appointment until the list is | 20 | | abolished, or his or her name has been on the list for a period | 21 | | of 2 years. No person who has attained the age of 35 years | 22 | | shall be inducted into a fire department, except as otherwise | 23 | | provided in this Section. | 24 | | The commission shall strike off the names of candidates for | 25 | | original appointment after the names have been on the list for | 26 | | more than 2 years. |
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| 1 | | (i) Moral character. No person shall be appointed to a fire | 2 | | department unless he or she is a person of good character; not | 3 | | a habitual drunkard, a gambler, or a person who has been | 4 | | convicted of a felony or a crime involving moral turpitude. | 5 | | However, no person shall be disqualified from appointment to | 6 | | the fire department because of the person's record of | 7 | | misdemeanor convictions except those under Sections 11-6, | 8 | | 11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | 9 | | 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, | 10 | | 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections | 11 | | 1, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the | 12 | | Criminal Code of 2012, or arrest for any cause without | 13 | | conviction thereon. Any such person who is in the department | 14 | | may be removed on charges brought for violating this subsection | 15 | | and after a trial as hereinafter provided. | 16 | | A classifiable set of the fingerprints of every person who | 17 | | is offered employment as a certificated member of an affected | 18 | | fire department whether with or without compensation, shall be | 19 | | furnished to the Illinois Department of State Police and to the | 20 | | Federal Bureau of Investigation by the commission. | 21 | | Whenever a commission is authorized or required by law to | 22 | | consider some aspect of criminal history record information for | 23 | | the purpose of carrying out its statutory powers and | 24 | | responsibilities, then, upon request and payment of fees in | 25 | | conformance with the requirements of Section 2605-400 of the | 26 | | State Police Law of the Civil Administrative Code of Illinois, |
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| 1 | | the Department of State Police is authorized to furnish, | 2 | | pursuant to positive identification, the information contained | 3 | | in State files as is necessary to fulfill the request. | 4 | | (j) Temporary appointments. In order to prevent a stoppage | 5 | | of public business, to meet extraordinary exigencies, or to | 6 | | prevent material impairment of the fire department, the | 7 | | commission may make temporary appointments, to remain in force | 8 | | only until regular appointments are made under the provisions | 9 | | of this Section, but never to exceed 60 days. No temporary | 10 | | appointment of any one person shall be made more than twice in | 11 | | any calendar year. | 12 | | (k) A person who knowingly divulges or receives test | 13 | | questions or answers before a written examination, or otherwise | 14 | | knowingly violates or subverts any requirement of this Section, | 15 | | commits a violation of this Section and may be subject to | 16 | | charges for official misconduct. | 17 | | A person who is the knowing recipient of test information | 18 | | in advance of the examination shall be disqualified from the | 19 | | examination or discharged from the position to which he or she | 20 | | was appointed, as applicable, and otherwise subjected to | 21 | | disciplinary actions.
| 22 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; | 23 | | 97-1150, eff. 1-25-13.) | 24 | | (70 ILCS 705/16.06c) | 25 | | Sec. 16.06c. Alternative procedure; original appointment; |
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| 1 | | full-time firefighter. | 2 | | (a) Authority. The Joint Labor and Management Committee | 3 | | (JLMC), as defined in Section 50 of the Fire Department | 4 | | Promotion Act, may establish a community outreach program to | 5 | | market the profession of firefighter and firefighter-paramedic | 6 | | so as to ensure the pool of applicants recruited is of broad | 7 | | diversity and the highest quality. | 8 | | For the purposes of this Section, "firefighter" means any | 9 | | person who has been prior to, on, or after the effective date | 10 | | of this amendatory Act of the 97th General Assembly appointed | 11 | | to a fire department or fire protection district or employed by | 12 | | a State university and sworn or commissioned to perform | 13 | | firefighter duties or paramedic duties, or both, except that | 14 | | the following persons are not included: part-time | 15 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 16 | | including paid-on-call firefighters; clerks and dispatchers or | 17 | | other civilian employees of a fire department or fire | 18 | | protection district who are not routinely expected to perform | 19 | | firefighter duties; and elected officials. | 20 | | (b) Eligibility. Persons eligible for placement on the | 21 | | master register of eligibles shall consist of the following: | 22 | | Persons who have participated in and received a passing | 23 | | total score on the mental aptitude, physical ability, and | 24 | | preference components of a regionally administered test | 25 | | based on the standards described in this Section. The | 26 | | standards for administering these tests and the minimum |
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| 1 | | passing score required for placement on this list shall be | 2 | | as is set forth in this Section. | 3 | | Qualified candidates shall be listed on the master | 4 | | register of eligibles in highest to lowest rank order based | 5 | | upon their test scores without regard to their date of | 6 | | examination. Candidates listed on the master register of | 7 | | eligibles shall be eligible for appointment for 2 years | 8 | | after the date of the certification of their final score on | 9 | | the register without regard to the date of their | 10 | | examination. After 2 years, the candidate's name shall be | 11 | | struck from the list. | 12 | | Any person currently employed as a full-time member of | 13 | | a fire department or any person who has experienced a | 14 | | non–voluntary (and non-disciplinary) separation from the | 15 | | active workforce due to a reduction in the number of | 16 | | departmental officers, who was appointed pursuant to | 17 | | Division 1 of Article 10 of the Illinois Municipal Code, | 18 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 19 | | or the Fire Protection District Act, and who during the | 20 | | previous 24 months participated in and received a passing | 21 | | score on the physical ability and mental aptitude | 22 | | components of the test may request that his or her name be | 23 | | added to the master register. Any eligible person may be | 24 | | offered employment by a local commission under the same | 25 | | procedures as provided by this Section except that the | 26 | | apprenticeship period may be waived and the applicant may |
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| 1 | | be immediately issued a certificate of original | 2 | | appointment by the local commission. | 3 | | (c) Qualifications for placement on register of eligibles. | 4 | | The purpose for establishing a master register of eligibles | 5 | | shall be to identify applicants who possess and demonstrate the | 6 | | mental aptitude and physical ability to perform the duties | 7 | | required of members of the fire department in order to provide | 8 | | the highest quality of service to the public. To this end, all | 9 | | applicants for original appointment to an affected fire | 10 | | department through examination conducted by the Joint Labor and | 11 | | Management Committee (JLMC) shall be subject to examination and | 12 | | testing which shall be public, competitive, and open to all | 13 | | applicants. Any examination and testing procedure utilized | 14 | | under subsection (e) of this Section shall be supported by | 15 | | appropriate validation evidence and shall comply with all | 16 | | applicable state and federal laws. Any subjective component of | 17 | | the testing must be administered by certified assessors. All | 18 | | qualifying and disqualifying factors applicable to examination | 19 | | processes for local commissions in this amendatory Act of the | 20 | | 97th General Assembly shall be applicable to persons | 21 | | participating in Joint Labor and Management Committee | 22 | | examinations unless specifically provided otherwise in this | 23 | | Section. | 24 | | Notice of the time, place, general scope, and fee of every | 25 | | JLMC examination shall be given by the JLMC or designated | 26 | | testing agency, as applicable, by a publication at least 30 |
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| 1 | | days preceding the examination, in one or more newspapers | 2 | | published in the region, or if no newspaper is published | 3 | | therein, then in one or more newspapers with a general | 4 | | circulation within the region. The JLMC may publish the notice | 5 | | on the JLMC's Internet website. Additional notice of the | 6 | | examination may be given as the JLMC 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 shall determine an applicant's qualification for | 14 | | and 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 that fairly test the capacity of the persons | 24 | | examined to discharge the duties performed by members of a fire | 25 | | department. Written examinations shall be administered in a | 26 | | manner that ensures the security and accuracy of the scores |
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| 1 | | achieved. Any subjective component of the testing must be | 2 | | administered by certified assessors. No person who does not | 3 | | possess a high school diploma or an equivalent high school | 4 | | education shall be placed on a register of eligibles. Local | 5 | | commissions may establish educational, emergency medical | 6 | | service licensure, and other pre-requisites for hire within | 7 | | their jurisdiction. | 8 | | (f) Physical ability. All candidates shall be required to | 9 | | undergo an examination of their physical ability to perform the | 10 | | essential functions included in the duties they may be called | 11 | | upon to perform as a member of a fire department. For the | 12 | | purposes of this Section, essential functions of the job are | 13 | | functions associated with duties that a firefighter may be | 14 | | called upon to perform in response to emergency calls. The | 15 | | frequency of the occurrence of those duties as part of the fire | 16 | | department's regular routine shall not be a controlling factor | 17 | | in the design of examination criteria or evolutions selected | 18 | | for testing. These physical examinations shall be open, | 19 | | competitive, and based on industry standards designed to test | 20 | | each applicant's physical abilities in each of the following | 21 | | dimensions: | 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 |
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| 1 | | performing tasks and evolutions. Tasks tested are to be | 2 | | based on industry standards developed by the JLMC by rule. | 3 | | (2) The ability to climb ladders, operate from heights, | 4 | | walk or crawl in the dark along narrow and uneven surfaces, | 5 | | and operate in proximity to hazardous environments. | 6 | | (3) The ability to carry out critical, time-sensitive, | 7 | | and complex problem solving during physical exertion in | 8 | | stressful and hazardous environments. The testing | 9 | | environment may be hot and dark with tightly enclosed | 10 | | spaces, flashing lights, sirens, and other distractions. | 11 | | The tests utilized to measure each applicant's
| 12 | | capabilities in each of these dimensions may be tests based on
| 13 | | industry standards currently in use or equivalent tests | 14 | | approved by the Joint Labor-Management Committee of the Office | 15 | | of the State Fire Marshal. | 16 | | (g) Scoring of examination components. The examination | 17 | | components shall be graded on a 100-point scale. A person's | 18 | | position on the master register of eligibles shall be | 19 | | determined by the person's score on the written examination, | 20 | | the person successfully passing the physical ability | 21 | | component, and the addition of any applicable preference | 22 | | points. | 23 | | Applicants who have achieved at least the minimum score as | 24 | | set by the JLMC on median score of all applicants participating | 25 | | in the written examination at the same time , and who | 26 | | successfully pass the physical ability examination shall be |
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| 1 | | placed on the initial eligibility register. Minimum
scores | 2 | | should be set by the JLMC so as to demonstrate a candidate's | 3 | | ability to perform the essential functions of the job. The | 4 | | minimum score set by the JLMC shall be supported by appropriate | 5 | | validation evidence and shall comply with all applicable state | 6 | | and federal laws. Applicable preference points shall be added | 7 | | to the written examination scores for all applicants who | 8 | | qualify for the initial eligibility register. Applicants who | 9 | | score at or above the minimum passing score as set by the JLMC | 10 | | in the top 70th percentile or higher , including any applicable | 11 | | preference points, shall be placed on the master register of | 12 | | eligibles by the JLMC. | 13 | | These persons shall take rank upon the register as | 14 | | candidates in the order of their relative excellence based on | 15 | | the highest to the lowest total points scored on the mental | 16 | | aptitude and physical ability components, plus any applicable | 17 | | preference points requested and verified by the JLMC, or | 18 | | approved testing agency. | 19 | | No more than 60 days after each examination, a revised | 20 | | master register of eligibles shall be posted by the JLMC | 21 | | showing the final grades of the candidates without reference to | 22 | | priority of time of examination. | 23 | | (h) Preferences. The board shall give military, education, | 24 | | and experience preference points to those who qualify for | 25 | | placement on the master register of eligibles, on the same | 26 | | basis as provided for examinations administered by a local |
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| 1 | | commission. | 2 | | No person entitled to preference or credit shall be | 3 | | required to claim the credit before any examination held under | 4 | | the provisions of this Section. The preference shall be given | 5 | | after the posting or publication of the applicant's initial | 6 | | score at the request of the person before finalizing the scores | 7 | | from all applicants taking part in a JLMC examination. | 8 | | Candidates who are eligible for preference credit shall make a | 9 | | claim in writing within 10 days after the posting of the | 10 | | initial scores from any JLMC test or the claim shall be deemed | 11 | | waived. Once preference points are awarded, the candidates | 12 | | shall be certified to the master register in accordance with | 13 | | their final score including preference points. | 14 | | (i) Firefighter apprentice and firefighter-paramedic | 15 | | apprentice. The employment of an applicant to an apprentice | 16 | | position (including a currently employed full-time member of a | 17 | | fire department whose apprenticeship may be reduced or waived) | 18 | | shall be subject to the applicant passing the moral character | 19 | | standards and health examinations of the local commission. In | 20 | | addition, a local commission may require as a condition of | 21 | | employment that the applicant demonstrate current physical | 22 | | ability by either passing the local commission's approved | 23 | | physical ability examination, or by presenting proof of | 24 | | participating in and receiving a passing score on the physical | 25 | | ability component of a JLMC test within a period of up to 12 | 26 | | months before the date of the conditional offer of employment. |
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| 1 | | Applicants shall be subject to the local commission's initial | 2 | | hire background review including criminal history, employment | 3 | | history, moral character, oral examination, and medical | 4 | | examinations which may include polygraph, psychological, and | 5 | | drug screening components, all on a pass-fail basis. The | 6 | | medical examinations must be conducted last, and may only be | 7 | | performed after a conditional offer of employment has been | 8 | | extended. | 9 | | (j) Selection from list. Any municipality or fire | 10 | | protection district that is a party to an intergovernmental | 11 | | agreement under the terms of which persons have been tested for | 12 | | placement on the master register of eligibles shall be entitled | 13 | | to offer employment to any person on the list irrespective of | 14 | | their ranking on the list. The offer of employment shall be to | 15 | | the position of firefighter apprentice or | 16 | | firefighter-paramedic apprentice. | 17 | | Applicants passing these tests may be employed as a | 18 | | firefighter apprentice or a firefighter-paramedic apprentice | 19 | | who shall serve an apprenticeship period of 12 months or less | 20 | | according to the terms and conditions of employment as the | 21 | | employing municipality or district offers, or as provided for | 22 | | under the terms of any collective bargaining agreement then in | 23 | | effect. The apprenticeship period is separate from the | 24 | | probationary period. | 25 | | Service during the apprenticeship period shall be on a | 26 | | probationary basis. During the apprenticeship period, the |
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| 1 | | apprentice's training and performance shall be monitored and | 2 | | evaluated by a Joint Apprenticeship Committee. | 3 | | The Joint Apprenticeship Committee shall consist of 4 | 4 | | members who shall be regular members of the fire department | 5 | | with at least 10 years of full-time work experience as a | 6 | | firefighter or firefighter-paramedic. The fire chief and the | 7 | | president of the exclusive bargaining representative | 8 | | recognized by the employer shall each appoint 2 members to the | 9 | | Joint Apprenticeship Committee. In the absence of an exclusive | 10 | | collective bargaining representative, the chief shall appoint | 11 | | the remaining 2 members who shall be from the ranks of company | 12 | | officer and firefighter with at least 10 years of work | 13 | | experience as a firefighter or firefighter-paramedic. In the | 14 | | absence of a sufficient number of qualified firefighters, the | 15 | | Joint Apprenticeship Committee members shall have the amount of | 16 | | experience and the type of qualifications as is reasonable | 17 | | given the circumstances of the fire department. In the absence | 18 | | of a full-time member in a rank between chief and the highest | 19 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 20 | | shall be reduced to 2 members, one to be appointed by the chief | 21 | | and one by the union president, if any. If there is no | 22 | | exclusive bargaining representative, the chief shall appoint | 23 | | the second member of the Joint Apprenticeship Committee from | 24 | | among qualified members in the ranks of company officer and | 25 | | below. Before the conclusion of the apprenticeship period, the | 26 | | Joint Apprenticeship Committee shall meet to consider the |
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| 1 | | apprentice's progress and performance and vote to retain the | 2 | | apprentice as a member of the fire department or to terminate | 3 | | the apprenticeship. If 3 of the 4 members of the Joint | 4 | | Apprenticeship Committee affirmatively vote to retain the | 5 | | apprentice (if a 2 member Joint Apprenticeship Committee | 6 | | exists, then both members must affirmatively vote to retain the | 7 | | apprentice), the local commission shall issue the apprentice a | 8 | | certificate of original appointment to the fire department. | 9 | | (k) A person who knowingly divulges or receives test | 10 | | questions or answers before a written examination, or otherwise | 11 | | knowingly violates or subverts any requirement of this Section, | 12 | | commits a violation of this Section and may be subject to | 13 | | charges for official misconduct. | 14 | | A person who is the knowing recipient of test information | 15 | | in advance of the examination shall be disqualified from the | 16 | | examination or discharged from the position to which he or she | 17 | | was appointed, as applicable, and otherwise subjected to | 18 | | disciplinary actions.
| 19 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12.)".
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