Full Text of HB1709 97th General Assembly
HB1709enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Fire Department Promotion Act is amended by | 5 | | changing Section 50 as follows: | 6 | | (50 ILCS 742/50) | 7 | | Sec. 50. Subjective evaluation. | 8 | | (a) A promotion test may include subjective evaluation | 9 | | components.
Subjective evaluations may include an oral | 10 | | interview, tactical evaluation,
performance evaluation, or | 11 | | other component based on subjective evaluation of
the examinee. | 12 | | The methods used for subjective evaluations may include using
| 13 | | any employee assessment centers, evaluation systems, chief's | 14 | | points, or other
methods. | 15 | | (b) Any subjective component shall be identified to all | 16 | | candidates prior to
its application, be job-related, and be | 17 | | applied uniformly to all candidates.
Every examinee shall have | 18 | | the right to documentation of his or her score
on the | 19 | | subjective component upon the completion of the subjective | 20 | | examination
component or its application. A designated | 21 | | representative of the contracting union party shall be notified | 22 | | and be entitled to be present to monitor any preliminary | 23 | | meeting between certified assessors or representatives of a |
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| 1 | | testing agency and representatives of the appointing authority | 2 | | held prior to the administration of the test to candidates for | 3 | | promotion. | 4 | | (c) Where chief's points or other subjective methods
are | 5 | | employed that are not amenable to monitoring, monitors shall | 6 | | not be
required, but any disputes as to the results of such | 7 | | methods shall be subject
to resolution in accordance with any | 8 | | collectively bargained grievance
procedure in effect at the | 9 | | time of the test. | 10 | | (d) Where performance evaluations are used as a basis for | 11 | | promotions, they
shall be given annually and made readily | 12 | | available to each candidate for
review and they shall include | 13 | | any disagreement or documentation the employee
provides to | 14 | | refute or contest the evaluation. These annual evaluations are | 15 | | not
subject to grievance procedures, unless used for points in | 16 | | the promotion
process. | 17 | | (e) Total points awarded for subjective components shall be | 18 | | posted before
the written examination is administered and | 19 | | before the promotion list is
compiled. | 20 | | (f) Persons selected to grade candidates for promotion | 21 | | during an assessment center process shall be impartial | 22 | | professionals who have undergone training to be certified | 23 | | assessors. The training and certification requirements shall, | 24 | | at a minimum, provide that, to obtain and maintain | 25 | | certification, assessors shall complete a course of basic | 26 | | training, subscribe to a code of ethical conduct, complete |
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| 1 | | continuing education, and satisfy minimum activity levels. | 2 | | (g) The standards for certification shall be established by | 3 | | a Joint Labor and Management Committee (JLMC) composed of 4 | 4 | | members: 2 designated by a statewide association whose | 5 | | membership is predominantly fire chiefs representing | 6 | | management interests of the Illinois fire service, and 2 | 7 | | designated by a statewide labor organization that is a | 8 | | representative of sworn or commissioned firefighters in | 9 | | Illinois. Members may serve terms of one year subject to | 10 | | reappointment.
| 11 | | For the purposes of this Section, the term "statewide labor | 12 | | organization" has the meaning ascribed to it in Section 10-3-12 | 13 | | of the Illinois Municipal Code.
| 14 | | In developing certification standards the JLMC may seek the | 15 | | advice and counsel of professionals and experts and may appoint | 16 | | an advisory committee.
| 17 | | The JLMC may charge reasonable fees that are related to the | 18 | | costs of administering authorized programs and conducting | 19 | | classes, including without limitation the costs of monitoring | 20 | | programs and classes, to the following: (i) applicants for | 21 | | certifications or recertifications, (ii) recipients of | 22 | | certifications or recertifications, and (iii) individuals and | 23 | | entities approved by the JLMC to conduct programs or classes. | 24 | | The JLMC's initial certification standards shall be | 25 | | submitted to the Office of the State Fire Marshal by January 1, | 26 | | 2009. The JLMC may provisionally certify persons who have prior |
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| 1 | | experience as assessors on promotional examinations in the fire | 2 | | service. Effective January 1, 2010 only those persons who meet | 3 | | the certification standards developed by the JLMC and submitted | 4 | | to the Office of the State Fire Marshal may be selected to | 5 | | grade candidates on a subjective component of a promotional | 6 | | examination conducted under the authority of this Act; provided | 7 | | this requirement shall be waived for persons employed or | 8 | | appointed by the jurisdiction administering the examination.
| 9 | | The JLMC shall annually:
| 10 | | (1) issue public notice offering persons who are | 11 | | interested in qualifying as certified assessors the | 12 | | opportunity to enroll in training; and
| 13 | | (2) submit to the Office of the State Fire Marshal an | 14 | | amended list of persons who remain certified, are newly | 15 | | certified, or who are no longer certified.
| 16 | | (h) The Office of the State Fire Marshal shall support the | 17 | | program by adopting certification standards based on those | 18 | | submitted by the JLMC and by establishing a roster of certified | 19 | | assessors composed of persons certified by the JLMC.
| 20 | | If the parties have not agreed to contract with a | 21 | | particular testing company to provide certified assessors, | 22 | | either party may request the Office to provide the names of | 23 | | certified assessors. Within 7 days after receiving a request | 24 | | from either party for a list of certified assessors, the Office | 25 | | shall select at random from the roster of certified assessors a | 26 | | panel numbering not less than 2 times the number of assessors |
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| 1 | | required. The parties shall augment the number by a factor of | 2 | | 50% by designating assessors who may serve as alternates to the | 3 | | primary assessors. | 4 | | The parties shall select assessors from the list or lists | 5 | | provided by the Office or from the panel obtained by the | 6 | | testing company as provided above. Within 7 days following the | 7 | | receipt of the list, the parties shall notify the Office of the | 8 | | assessors they have selected. Unless the parties agree on an | 9 | | alternate selection procedure, they shall alternatively strike | 10 | | names from the list provided by the Office until only the | 11 | | number of required assessors remain. A coin toss shall | 12 | | determine which party strikes the first name. If the parties | 13 | | fail to notify the Office in a timely manner of their selection | 14 | | of assessors, the Office shall appoint the assessors required | 15 | | from the roster of certified assessors. In the event an | 16 | | assessor is not able to participate in the assessment center | 17 | | process for which he was selected, either of the parties | 18 | | involved in the promotion process may request that additional | 19 | | names of certified assessors be provided by the Office. | 20 | | (Source: P.A. 95-956, eff. 8-29-08.)
| 21 | | Section 99. Effective date. This Act takes effect upon | 22 | | becoming law. |
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