Full Text of HB4508 101st General Assembly
HB4508eng 101ST GENERAL ASSEMBLY |
| | HB4508 Engrossed | | LRB101 18666 AWJ 68121 b |
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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 Illinois Municipal Code is amended by | 5 | | changing Sections 10-1-7.2 and 10-2.1-6.4 as follows: | 6 | | (65 ILCS 5/10-1-7.2) | 7 | | Sec. 10-1-7.2. Alternative procedure; original | 8 | | appointment; full-time firefighter. | 9 | | (a) Authority. The Joint Labor and Management Committee | 10 | | (JLMC), as defined in Section 50 of the Fire Department | 11 | | Promotion Act, may establish a community outreach program to | 12 | | market the profession of firefighter and firefighter-paramedic | 13 | | so as to ensure the pool of applicants recruited is of broad | 14 | | diversity and the highest quality. Nothing in this Section | 15 | | requires that the Joint Labor and Management Committee | 16 | | establish or operate the community outreach program or master | 17 | | register of eligibles, or to contract with a testing agency to | 18 | | establish or operate such program or register, unless the Joint | 19 | | Labor and Management Committee chooses to do so. | 20 | | For the purposes of this Section, "firefighter" means any | 21 | | person who has been prior to, on, or after the effective date | 22 | | of this amendatory Act of the 97th General Assembly appointed | 23 | | to a fire department or fire protection district or employed by |
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| 1 | | a State university and sworn or commissioned to perform | 2 | | firefighter duties or paramedic duties, or both, except that | 3 | | the following persons are not included: part-time | 4 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 5 | | including paid-on-call firefighters; clerks and dispatchers or | 6 | | other civilian employees of a fire department or fire | 7 | | protection district who are not routinely expected to perform | 8 | | firefighter duties; and elected officials. | 9 | | (b) Eligibility. Persons eligible for placement on the | 10 | | master register of eligibles shall consist of the following: | 11 | | Persons who have participated in and received a passing | 12 | | total score on the mental aptitude, physical ability, and | 13 | | preference components of a regionally administered test | 14 | | based on the standards described in this Section. The | 15 | | standards for administering these tests and the minimum | 16 | | passing score required for placement on this list shall be | 17 | | as is set forth in this Section. | 18 | | Qualified candidates shall be listed on the master | 19 | | register of eligibles in highest to lowest rank order based | 20 | | upon their test scores without regard to their date of | 21 | | examination. Candidates listed on the master register of | 22 | | eligibles shall be eligible for appointment for 2 years | 23 | | after the date of the certification of their final score on | 24 | | the register without regard to the date of their | 25 | | examination. After 2 years, the candidate's name shall be | 26 | | struck from the list. |
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| 1 | | Any person currently employed as a full-time member of | 2 | | a fire department or any person who has experienced a | 3 | | non-voluntary (and non-disciplinary) separation from the | 4 | | active workforce due to a reduction in the number of | 5 | | departmental officers, who was appointed pursuant to this | 6 | | Division, Division 2.1 of Article 10 of the Illinois | 7 | | Municipal Code, or the Fire Protection District Act, and | 8 | | who during the previous 24 months participated in and | 9 | | received a passing score on the physical ability and mental | 10 | | aptitude components of the test may request that his or her | 11 | | name be added to the master register. Any eligible person | 12 | | may be offered employment by a local commission under the | 13 | | same procedures as provided by this Section except that the | 14 | | apprenticeship period may be waived and the applicant may | 15 | | be immediately issued a certificate of original | 16 | | appointment by the local commission. | 17 | | (c) Qualifications for placement on register of eligibles. | 18 | | The purpose for establishing a master register of eligibles | 19 | | shall be to identify applicants who possess and demonstrate the | 20 | | mental aptitude and physical ability to perform the duties | 21 | | required of members of the fire department in order to provide | 22 | | the highest quality of service to the public. To this end, all | 23 | | applicants for original appointment to an affected fire | 24 | | department through examination conducted by the Joint Labor and | 25 | | Management Committee (JLMC) shall be subject to examination and | 26 | | testing which shall be public, competitive, and open to all |
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| 1 | | applicants. Any examination and testing procedure utilized | 2 | | under subsection (e) of this Section shall be supported by | 3 | | appropriate validation evidence and shall comply with all | 4 | | applicable state and federal laws. Any subjective component of | 5 | | the testing must be administered by certified assessors. All | 6 | | qualifying and disqualifying factors applicable to examination | 7 | | processes for local commissions in this amendatory Act of the | 8 | | 97th General Assembly shall be applicable to persons | 9 | | participating in Joint Labor and Management Committee | 10 | | examinations unless specifically provided otherwise in this | 11 | | Section. | 12 | | Notice of the time, place, general scope, and fee of every | 13 | | JLMC examination shall be given by the JLMC or designated | 14 | | testing agency, as applicable, by publication at least 30 days | 15 | | preceding the examination, in one or more newspapers published | 16 | | in the region, or if no newspaper is published therein, then in | 17 | | one or more newspapers with a general circulation within the | 18 | | region. The JLMC may publish the notice on the JLMC's Internet | 19 | | website. Additional notice of the examination may be given as | 20 | | the JLMC shall prescribe. | 21 | | (d) Examination and testing components for placement on | 22 | | register of eligibles. The examination and qualifying | 23 | | standards for placement on the master register of eligibles and | 24 | | employment shall be based on the following components: mental | 25 | | aptitude, physical ability, preferences, moral character, and | 26 | | health. The mental aptitude, physical ability, and preference |
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| 1 | | components shall determine an applicant's qualification for | 2 | | and placement on the master register of eligibles. The | 3 | | consideration of an applicant's general moral character and | 4 | | health shall be administered on a pass-fail basis after a | 5 | | conditional offer of employment is made by a local commission. | 6 | | (e) Mental aptitude. Examination of an applicant's mental | 7 | | aptitude shall be based upon written examination and an | 8 | | applicant's prior experience demonstrating an aptitude for and | 9 | | commitment to service as a member of a fire department. Written | 10 | | examinations shall be practical in character and relate to | 11 | | those matters that fairly test the capacity of the persons | 12 | | examined to discharge the duties performed by members of a fire | 13 | | department. Written examinations shall be administered in a | 14 | | manner that ensures the security and accuracy of the scores | 15 | | achieved. Any subjective component of the testing must be | 16 | | administered by certified assessors. No person who does not | 17 | | possess a high school diploma or an equivalent high school | 18 | | education shall be placed on a register of eligibles. Local | 19 | | commissions may establish educational, emergency medical | 20 | | service licensure, and other pre-requisites for hire within | 21 | | their jurisdiction. | 22 | | (f) Physical ability. All candidates shall be required to | 23 | | undergo an examination of their physical ability to perform the | 24 | | essential functions included in the duties they may be called | 25 | | upon to perform as a member of a fire department. For the | 26 | | purposes of this Section, essential functions of the job are |
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| 1 | | functions associated with duties that a firefighter may be | 2 | | called upon to perform in response to emergency calls. The | 3 | | frequency of the occurrence of those duties as part of the fire | 4 | | department's regular routine shall not be a controlling factor | 5 | | in the design of examination criteria or evolutions selected | 6 | | for testing. These physical examinations shall be open, | 7 | | competitive, and based on industry standards designed to test | 8 | | each applicant's physical abilities in each of the following | 9 | | dimensions: | 10 | | (1) Muscular strength to perform tasks and evolutions | 11 | | that may be required in the performance of duties including | 12 | | grip strength, leg strength, and arm strength. Tests shall | 13 | | be conducted under anaerobic as well as aerobic conditions | 14 | | to test both the candidate's speed and endurance in | 15 | | performing tasks and evolutions. Tasks tested are to be | 16 | | based on industry standards developed by the JLMC by rule. | 17 | | (2) The ability to climb ladders, operate from heights, | 18 | | walk or crawl in the dark along narrow and uneven surfaces, | 19 | | and operate in proximity to hazardous environments. | 20 | | (3) The ability to carry out critical, time-sensitive, | 21 | | and complex problem solving during physical exertion in | 22 | | stressful and hazardous environments. The testing | 23 | | environment may be hot and dark with tightly enclosed | 24 | | spaces, flashing lights, sirens, and other distractions. | 25 | | The tests utilized to measure each applicant's
| 26 | | capabilities in each of these dimensions may be tests based on
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| 1 | | industry standards currently in use or equivalent tests | 2 | | approved by the Joint Labor-Management Committee of the Office | 3 | | of the State Fire Marshal. | 4 | | (g) Scoring of examination components. The examination | 5 | | components shall be graded on a 100-point scale. A person's | 6 | | position on the master register of eligibles shall be | 7 | | determined by the person's score on the written examination, | 8 | | the person successfully passing the physical ability | 9 | | component, and the addition of any applicable preference | 10 | | points. | 11 | | Applicants who have achieved at least the minimum score on | 12 | | the written examination, as set by the JLMC, 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 | | including any applicable preference points, shall be placed on | 24 | | the master register of 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; 98-760, | 8 | | eff. 7-16-14 .) | 9 | | (65 ILCS 5/10-2.1-6.4) | 10 | | Sec. 10-2.1-6.4. Alternative procedure; original | 11 | | appointment; full-time firefighter. | 12 | | (a) Authority. The Joint Labor and Management Committee | 13 | | (JLMC), as defined in Section 50 of the Fire Department | 14 | | Promotion Act, may establish a community outreach program to | 15 | | market the profession of firefighter and firefighter-paramedic | 16 | | so as to ensure the pool of applicants recruited is of broad | 17 | | diversity and the highest quality. Nothing in this Section | 18 | | requires that the Joint Labor and Management Committee | 19 | | establish or operate the community outreach program or master | 20 | | register of eligibles, or to contract with a testing agency to | 21 | | establish or operate such program or register, unless the Joint | 22 | | Labor and Management Committee chooses to do so. | 23 | | For the purposes of this Section, "firefighter" means any | 24 | | person who has been prior to, on, or after the effective date | 25 | | of this amendatory Act of the 97th General Assembly appointed |
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| 1 | | to a fire department or fire protection district or employed by | 2 | | a State university and sworn or commissioned to perform | 3 | | firefighter duties or paramedic duties, or both, except that | 4 | | the following persons are not included: part-time | 5 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 6 | | including paid-on-call firefighters; clerks and dispatchers or | 7 | | other civilian employees of a fire department or fire | 8 | | protection district who are not routinely expected to perform | 9 | | firefighter duties; and elected officials. | 10 | | (b) Eligibility. Persons eligible for placement on the | 11 | | master register of eligibles shall consist of the following: | 12 | | Persons who have participated in and received a passing | 13 | | total score on the mental aptitude, physical ability, and | 14 | | preference components of a regionally administered test | 15 | | based on the standards described in this Section. The | 16 | | standards for administering these tests and the minimum | 17 | | passing score required for placement on this list shall be | 18 | | as is set forth in this Section. | 19 | | Qualified candidates shall be listed on the master | 20 | | register of eligibles in highest to lowest rank order based | 21 | | upon their test scores without regard to their date of | 22 | | examination. Candidates listed on the master register of | 23 | | eligibles shall be eligible for appointment for 2 years | 24 | | after the date of the certification of their final score on | 25 | | the register without regard to the date of their | 26 | | examination. After 2 years, the candidate's name shall be |
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| 1 | | struck from the list. | 2 | | Any person currently employed as a full-time member of | 3 | | a fire department or any person who has experienced a | 4 | | non-voluntary (and non-disciplinary) separation from the | 5 | | active workforce due to a reduction in the number of | 6 | | departmental officers, who was appointed pursuant to | 7 | | Division 1 of Article 10 of the Illinois Municipal Code, | 8 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 9 | | or the Fire Protection District Act, and who during the | 10 | | previous 24 months participated in and received a passing | 11 | | score on the physical ability and mental aptitude | 12 | | components of the test may request that his or her name be | 13 | | added to the master register. Any eligible person may be | 14 | | offered employment by a local commission under the same | 15 | | procedures as provided by this Section except that the | 16 | | apprenticeship period may be waived and the applicant may | 17 | | be immediately issued a certificate of original | 18 | | appointment by the local commission. | 19 | | (c) Qualifications for placement on register of eligibles. | 20 | | The purpose for establishing a master register of eligibles | 21 | | shall be to identify applicants who possess and demonstrate the | 22 | | mental aptitude and physical ability to perform the duties | 23 | | required of members of the fire department in order to provide | 24 | | the highest quality of service to the public. To this end, all | 25 | | applicants for original appointment to an affected fire | 26 | | department through examination conducted by the Joint Labor and |
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| 1 | | Management Committee (JLMC) shall be subject to examination and | 2 | | testing which shall be public, competitive, and open to all | 3 | | applicants. Any examination and testing procedure utilized | 4 | | under subsection (e) of this Section shall be supported by | 5 | | appropriate validation evidence and shall comply with all | 6 | | applicable state and federal laws. Any subjective component of | 7 | | the testing must be administered by certified assessors. All | 8 | | qualifying and disqualifying factors applicable to examination | 9 | | processes for local commissions in this amendatory Act of the | 10 | | 97th General Assembly shall be applicable to persons | 11 | | participating in Joint Labor and Management Committee | 12 | | examinations unless specifically provided otherwise in this | 13 | | Section. | 14 | | Notice of the time, place, general scope, and fee of every | 15 | | JLMC examination shall be given by the JLMC or designated | 16 | | testing agency, as applicable, by a publication at least 30 | 17 | | days preceding the examination, in one or more newspapers | 18 | | published in the region, or if no newspaper is published | 19 | | therein, then in one or more newspapers with a general | 20 | | circulation within the region. The JLMC may publish the notice | 21 | | on the JLMC's Internet website. Additional notice of the | 22 | | examination may be given as the JLMC shall prescribe. | 23 | | (d) Examination and testing components for placement on | 24 | | register of eligibles. The examination and qualifying | 25 | | standards for placement on the master register of eligibles and | 26 | | employment shall be based on the following components: mental |
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| 1 | | aptitude, physical ability, preferences, moral character, and | 2 | | health. The mental aptitude, physical ability, and preference | 3 | | components shall determine an applicant's qualification for | 4 | | and placement on the master register of eligibles. The | 5 | | consideration of an applicant's general moral character and | 6 | | health shall be administered on a pass-fail basis after a | 7 | | conditional offer of employment is made by a local commission. | 8 | | (e) Mental aptitude. Examination of an applicant's mental | 9 | | aptitude shall be based upon written examination and an | 10 | | applicant's prior experience demonstrating an aptitude for and | 11 | | commitment to service as a member of a fire department. Written | 12 | | examinations shall be practical in character and relate to | 13 | | those matters that fairly test the capacity of the persons | 14 | | examined to discharge the duties performed by members of a fire | 15 | | department. Written examinations shall be administered in a | 16 | | manner that ensures the security and accuracy of the scores | 17 | | achieved. Any subjective component of the testing must be | 18 | | administered by certified assessors. No person who does not | 19 | | possess a high school diploma or an equivalent high school | 20 | | education shall be placed on a register of eligibles. Local | 21 | | commissions may establish educational, emergency medical | 22 | | service licensure, and other pre-requisites for hire within | 23 | | their jurisdiction. | 24 | | (f) Physical ability. All candidates shall be required to | 25 | | undergo an examination of their physical ability to perform the | 26 | | essential functions included in the duties they may be called |
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| 1 | | upon to perform as a member of a fire department. For the | 2 | | purposes of this Section, essential functions of the job are | 3 | | functions associated with duties that a firefighter may be | 4 | | called upon to perform in response to emergency calls. The | 5 | | frequency of the occurrence of those duties as part of the fire | 6 | | department's regular routine shall not be a controlling factor | 7 | | in the design of examination criteria or evolutions selected | 8 | | for testing. These physical examinations shall be open, | 9 | | competitive, and based on industry standards designed to test | 10 | | each applicant's physical abilities in each of the following | 11 | | dimensions: | 12 | | (1) Muscular strength to perform tasks and evolutions | 13 | | that may be required in the performance of duties including | 14 | | grip strength, leg strength, and arm strength. Tests shall | 15 | | be conducted under anaerobic as well as aerobic conditions | 16 | | to test both the candidate's speed and endurance in | 17 | | performing tasks and evolutions. Tasks tested are to be | 18 | | based on industry standards developed by the JLMC by rule. | 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 | | (g) Scoring of examination components. The examination | 7 | | components shall be graded on a 100-point scale. A person's | 8 | | position on the master register of eligibles shall be | 9 | | determined by the person's score on the written examination, | 10 | | the person successfully passing the physical ability | 11 | | component, and the addition of any applicable preference | 12 | | points. | 13 | | Applicants who have achieved at least the minimum score as | 14 | | set by the JLMC, and who successfully pass the physical ability | 15 | | examination shall be placed on the initial eligibility | 16 | | register. Minimum scores should be set by the commission so as | 17 | | to demonstrate a candidate's ability to perform the essential | 18 | | functions of the job. The minimum score set by the commission | 19 | | shall be supported by appropriate validation evidence and shall | 20 | | comply with all applicable State and federal laws. Applicable | 21 | | preference points shall be added to the written examination | 22 | | scores for all applicants who qualify for the initial | 23 | | eligibility register. Applicants who score at or above the | 24 | | minimum passing score as set by the JLMC, including any | 25 | | applicable preference points, shall be placed on the master | 26 | | register of eligibles by the JLMC. |
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| 1 | | These persons shall take rank upon the register as | 2 | | candidates in the order of their relative excellence based on | 3 | | the highest to the lowest total points scored on the mental | 4 | | aptitude and physical ability components, plus any applicable | 5 | | preference points requested and verified by the JLMC, or | 6 | | approved testing agency. | 7 | | No more than 60 days after each examination, a revised | 8 | | master register of eligibles shall be posted by the JLMC | 9 | | showing the final grades of the candidates without reference to | 10 | | priority of time of examination. | 11 | | (h) Preferences. The board shall give military, education, | 12 | | and experience preference points to those who qualify for | 13 | | placement on the master register of eligibles, on the same | 14 | | basis as provided for examinations administered by a local | 15 | | commission. | 16 | | No person entitled to preference or credit shall be | 17 | | required to claim the credit before any examination held under | 18 | | the provisions of this Section. The preference shall be given | 19 | | after the posting or publication of the applicant's initial | 20 | | score at the request of the person before finalizing the scores | 21 | | from all applicants taking part in a JLMC examination. | 22 | | Candidates who are eligible for preference credit shall make a | 23 | | claim in writing within 10 days after the posting of the | 24 | | initial scores from any JLMC test or the claim shall be deemed | 25 | | waived. Once preference points are awarded, the candidates | 26 | | shall be certified to the master register in accordance with |
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| 1 | | their final score including preference points. | 2 | | (i) Firefighter apprentice and firefighter-paramedic | 3 | | apprentice. The employment of an applicant to an apprentice | 4 | | position (including a currently employed full-time member of a | 5 | | fire department whose apprenticeship may be reduced or waived) | 6 | | shall be subject to the applicant passing the moral character | 7 | | standards and health examinations of the local commission. In | 8 | | addition, a local commission may require as a condition of | 9 | | employment that the applicant demonstrate current physical | 10 | | ability by either passing the local commission's approved | 11 | | physical ability examination, or by presenting proof of | 12 | | participating in and receiving a passing score on the physical | 13 | | ability component of a JLMC test within a period of up to 12 | 14 | | months before the date of the conditional offer of employment. | 15 | | Applicants shall be subject to the local commission's initial | 16 | | hire background review including criminal history, employment | 17 | | history, moral character, oral examination, and medical | 18 | | examinations which may include polygraph, psychological, and | 19 | | drug screening components, all on a pass-fail basis. The | 20 | | medical examinations must be conducted last, and may only be | 21 | | performed after a conditional offer of employment has been | 22 | | extended. | 23 | | (j) Selection from list. Any municipality or fire | 24 | | protection district that is a party to an intergovernmental | 25 | | agreement under the terms of which persons have been tested for | 26 | | placement on the master register of eligibles shall be entitled |
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| 1 | | to offer employment to any person on the list irrespective of | 2 | | their ranking on the list. The offer of employment shall be to | 3 | | the position of firefighter apprentice or | 4 | | firefighter-paramedic apprentice. | 5 | | Applicants passing these tests may be employed as a | 6 | | firefighter apprentice or a firefighter-paramedic apprentice | 7 | | who shall serve an apprenticeship period of 12 months or less | 8 | | according to the terms and conditions of employment as the | 9 | | employing municipality or district offers, or as provided for | 10 | | under the terms of any collective bargaining agreement then in | 11 | | effect. The apprenticeship period is separate from the | 12 | | probationary period. | 13 | | Service during the apprenticeship period shall be on a | 14 | | probationary basis. During the apprenticeship period, the | 15 | | apprentice's training and performance shall be monitored and | 16 | | evaluated by a Joint Apprenticeship Committee. | 17 | | The Joint Apprenticeship Committee shall consist of 4 | 18 | | members who shall be regular members of the fire department | 19 | | with at least 10 years of full-time work experience as a | 20 | | firefighter or firefighter-paramedic. The fire chief and the | 21 | | president of the exclusive bargaining representative | 22 | | recognized by the employer shall each appoint 2 members to the | 23 | | Joint Apprenticeship Committee. In the absence of an exclusive | 24 | | collective bargaining representative, the chief shall appoint | 25 | | the remaining 2 members who shall be from the ranks of company | 26 | | officer and firefighter with at least 10 years of work |
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| 1 | | experience as a firefighter or firefighter-paramedic. In the | 2 | | absence of a sufficient number of qualified firefighters, the | 3 | | Joint Apprenticeship Committee members shall have the amount of | 4 | | experience and the type of qualifications as is reasonable | 5 | | given the circumstances of the fire department. In the absence | 6 | | of a full-time member in a rank between chief and the highest | 7 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 8 | | shall be reduced to 2 members, one to be appointed by the chief | 9 | | and one by the union president, if any. If there is no | 10 | | exclusive bargaining representative, the chief shall appoint | 11 | | the second member of the Joint Apprenticeship Committee from | 12 | | among qualified members in the ranks of company officer and | 13 | | below. Before the conclusion of the apprenticeship period, the | 14 | | Joint Apprenticeship Committee shall meet to consider the | 15 | | apprentice's progress and performance and vote to retain the | 16 | | apprentice as a member of the fire department or to terminate | 17 | | the apprenticeship. If 3 of the 4 members of the Joint | 18 | | Apprenticeship Committee affirmatively vote to retain the | 19 | | apprentice (if a 2 member Joint Apprenticeship Committee | 20 | | exists, then both members must affirmatively vote to retain the | 21 | | apprentice), the local commission shall issue the apprentice a | 22 | | certificate of original appointment to the fire department. | 23 | | (k) A person who knowingly divulges or receives test | 24 | | questions or answers before a written examination, or otherwise | 25 | | knowingly violates or subverts any requirement of this Section, | 26 | | commits a violation of this Section and may be subject to |
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| 1 | | charges for official misconduct. | 2 | | A person who is the knowing recipient of test information | 3 | | in advance of the examination shall be disqualified from the | 4 | | examination or discharged from the position to which he or she | 5 | | was appointed, as applicable, and otherwise subjected to | 6 | | disciplinary actions. | 7 | | (l) Applicability. This Section does not apply to a | 8 | | municipality with more than 1,000,000 inhabitants.
| 9 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 98-760, | 10 | | eff. 7-16-14 .) | 11 | | Section 10. The Fire Protection District Act is amended by | 12 | | changing Section 16.06c as follows: | 13 | | (70 ILCS 705/16.06c) | 14 | | Sec. 16.06c. Alternative procedure; original appointment; | 15 | | full-time firefighter. | 16 | | (a) Authority. The Joint Labor and Management Committee | 17 | | (JLMC), as defined in Section 50 of the Fire Department | 18 | | Promotion Act, may establish a community outreach program to | 19 | | market the profession of firefighter and firefighter-paramedic | 20 | | so as to ensure the pool of applicants recruited is of broad | 21 | | diversity and the highest quality. Nothing in this Section | 22 | | requires that the Joint Labor and Management Committee | 23 | | establish or operate the community outreach program or master | 24 | | register of eligibles, or to contract with a testing agency to |
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| 1 | | establish or operate such program or register, unless the Joint | 2 | | Labor and Management Committee chooses to do so. | 3 | | For the purposes of this Section, "firefighter" means any | 4 | | person who has been prior to, on, or after the effective date | 5 | | of this amendatory Act of the 97th General Assembly appointed | 6 | | to a fire department or fire protection district or employed by | 7 | | a State university and sworn or commissioned to perform | 8 | | firefighter duties or paramedic duties, or both, except that | 9 | | the following persons are not included: part-time | 10 | | firefighters; auxiliary, reserve, or voluntary firefighters, | 11 | | including paid-on-call firefighters; clerks and dispatchers or | 12 | | other civilian employees of a fire department or fire | 13 | | protection district who are not routinely expected to perform | 14 | | firefighter duties; and elected officials. | 15 | | (b) Eligibility. Persons eligible for placement on the | 16 | | master register of eligibles shall consist of the following: | 17 | | Persons who have participated in and received a passing | 18 | | total score on the mental aptitude, physical ability, and | 19 | | preference components of a regionally administered test | 20 | | based on the standards described in this Section. The | 21 | | standards for administering these tests and the minimum | 22 | | passing score required for placement on this list shall be | 23 | | as is set forth in this Section. | 24 | | Qualified candidates shall be listed on the master | 25 | | register of eligibles in highest to lowest rank order based | 26 | | upon their test scores without regard to their date of |
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| 1 | | examination. Candidates listed on the master register of | 2 | | eligibles shall be eligible for appointment for 2 years | 3 | | after the date of the certification of their final score on | 4 | | the register without regard to the date of their | 5 | | examination. After 2 years, the candidate's name shall be | 6 | | struck from the list. | 7 | | Any person currently employed as a full-time member of | 8 | | a fire department or any person who has experienced a | 9 | | non-voluntary (and non-disciplinary) separation from the | 10 | | active workforce due to a reduction in the number of | 11 | | departmental officers, who was appointed pursuant to | 12 | | Division 1 of Article 10 of the Illinois Municipal Code, | 13 | | Division 2.1 of Article 10 of the Illinois Municipal Code, | 14 | | or the Fire Protection District Act, and who during the | 15 | | previous 24 months participated in and received a passing | 16 | | score on the physical ability and mental aptitude | 17 | | components of the test may request that his or her name be | 18 | | added to the master register. Any eligible person may be | 19 | | offered employment by a local commission under the same | 20 | | procedures as provided by this Section except that the | 21 | | apprenticeship period may be waived and the applicant may | 22 | | be immediately issued a certificate of original | 23 | | appointment by the local commission. | 24 | | (c) Qualifications for placement on register of eligibles. | 25 | | The purpose for establishing a master register of eligibles | 26 | | shall be to identify applicants who possess and demonstrate the |
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| 1 | | mental aptitude and physical ability to perform the duties | 2 | | required of members of the fire department in order to provide | 3 | | the highest quality of service to the public. To this end, all | 4 | | applicants for original appointment to an affected fire | 5 | | department through examination conducted by the Joint Labor and | 6 | | Management Committee (JLMC) shall be subject to examination and | 7 | | testing which shall be public, competitive, and open to all | 8 | | applicants. Any examination and testing procedure utilized | 9 | | under subsection (e) of this Section shall be supported by | 10 | | appropriate validation evidence and shall comply with all | 11 | | applicable state and federal laws. Any subjective component of | 12 | | the testing must be administered by certified assessors. All | 13 | | qualifying and disqualifying factors applicable to examination | 14 | | processes for local commissions in this amendatory Act of the | 15 | | 97th General Assembly shall be applicable to persons | 16 | | participating in Joint Labor and Management Committee | 17 | | examinations unless specifically provided otherwise in this | 18 | | Section. | 19 | | Notice of the time, place, general scope, and fee of every | 20 | | JLMC examination shall be given by the JLMC or designated | 21 | | testing agency, as applicable, by a publication at least 30 | 22 | | days preceding the examination, in one or more newspapers | 23 | | published in the region, or if no newspaper is published | 24 | | therein, then in one or more newspapers with a general | 25 | | circulation within the region. The JLMC may publish the notice | 26 | | on the JLMC's Internet website. Additional notice of the |
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| 1 | | examination may be given as the JLMC shall prescribe. | 2 | | (d) Examination and testing components for placement on | 3 | | register of eligibles. The examination and qualifying | 4 | | standards for placement on the master register of eligibles and | 5 | | employment shall be based on the following components: mental | 6 | | aptitude, physical ability, preferences, moral character, and | 7 | | health. The mental aptitude, physical ability, and preference | 8 | | components shall determine an applicant's qualification for | 9 | | and placement on the master register of eligibles. The | 10 | | consideration of an applicant's general moral character and | 11 | | health shall be administered on a pass-fail basis after a | 12 | | conditional offer of employment is made by a local commission. | 13 | | (e) Mental aptitude. Examination of an applicant's mental | 14 | | aptitude shall be based upon written examination and an | 15 | | applicant's prior experience demonstrating an aptitude for and | 16 | | commitment to service as a member of a fire department. Written | 17 | | examinations shall be practical in character and relate to | 18 | | those matters that fairly test the capacity of the persons | 19 | | examined to discharge the duties performed by members of a fire | 20 | | department. Written examinations shall be administered in a | 21 | | manner that ensures the security and accuracy of the scores | 22 | | achieved. Any subjective component of the testing must be | 23 | | administered by certified assessors. No person who does not | 24 | | possess a high school diploma or an equivalent high school | 25 | | education shall be placed on a register of eligibles. Local | 26 | | commissions may establish educational, emergency medical |
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| 1 | | service licensure, and other pre-requisites for hire within | 2 | | their jurisdiction. | 3 | | (f) Physical ability. All candidates shall be required to | 4 | | undergo an examination of their physical ability to perform the | 5 | | essential functions included in the duties they may be called | 6 | | upon to perform as a member of a fire department. For the | 7 | | purposes of this Section, essential functions of the job are | 8 | | functions associated with duties that a firefighter may be | 9 | | called upon to perform in response to emergency calls. The | 10 | | frequency of the occurrence of those duties as part of the fire | 11 | | department's regular routine shall not be a controlling factor | 12 | | in the design of examination criteria or evolutions selected | 13 | | for testing. These physical examinations shall be open, | 14 | | competitive, and based on industry standards designed to test | 15 | | each applicant's physical abilities in each of the following | 16 | | dimensions: | 17 | | (1) Muscular strength to perform tasks and evolutions | 18 | | that may be required in the performance of duties including | 19 | | grip strength, leg strength, and arm strength. Tests shall | 20 | | be conducted under anaerobic as well as aerobic conditions | 21 | | to test both the candidate's speed and endurance in | 22 | | performing tasks and evolutions. Tasks tested are to be | 23 | | based on industry standards developed by the JLMC by rule. | 24 | | (2) The ability to climb ladders, operate from heights, | 25 | | walk or crawl in the dark along narrow and uneven surfaces, | 26 | | and operate in proximity to hazardous environments. |
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| 1 | | (3) The ability to carry out critical, time-sensitive, | 2 | | and complex problem solving during physical exertion in | 3 | | stressful and hazardous environments. The testing | 4 | | environment may be hot and dark with tightly enclosed | 5 | | spaces, flashing lights, sirens, and other distractions. | 6 | | The tests utilized to measure each applicant's
| 7 | | capabilities in each of these dimensions may be tests based on
| 8 | | industry standards currently in use or equivalent tests | 9 | | approved by the Joint Labor-Management Committee of the Office | 10 | | of the State Fire Marshal. | 11 | | (g) Scoring of examination components. The examination | 12 | | components shall be graded on a 100-point scale. A person's | 13 | | position on the master register of eligibles shall be | 14 | | determined by the person's score on the written examination, | 15 | | the person successfully passing the physical ability | 16 | | component, and the addition of any applicable preference | 17 | | points. | 18 | | Applicants who have achieved at least the minimum score as | 19 | | set by the JLMC on the written examination, and who | 20 | | successfully pass the physical ability examination shall be | 21 | | placed on the initial eligibility register. Minimum
scores | 22 | | should be set by the JLMC so as to demonstrate a candidate's | 23 | | ability to perform the essential functions of the job. The | 24 | | minimum score set by the JLMC shall be supported by appropriate | 25 | | validation evidence and shall comply with all applicable state | 26 | | and federal laws. Applicable preference points shall be added |
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| 1 | | to the written examination scores for all applicants who | 2 | | qualify for the initial eligibility register. Applicants who | 3 | | score at or above the minimum passing score as set by the JLMC, | 4 | | including any applicable preference points, shall be placed on | 5 | | the master register of eligibles by the JLMC. | 6 | | These persons shall take rank upon the register as | 7 | | candidates in the order of their relative excellence based on | 8 | | the highest to the lowest total points scored on the mental | 9 | | aptitude and physical ability components, plus any applicable | 10 | | preference points requested and verified by the JLMC, or | 11 | | approved testing agency. | 12 | | No more than 60 days after each examination, a revised | 13 | | master register of eligibles shall be posted by the JLMC | 14 | | showing the final grades of the candidates without reference to | 15 | | priority of time of examination. | 16 | | (h) Preferences. The board shall give military, education, | 17 | | and experience preference points to those who qualify for | 18 | | placement on the master register of eligibles, on the same | 19 | | basis as provided for examinations administered by a local | 20 | | commission. | 21 | | No person entitled to preference or credit shall be | 22 | | required to claim the credit before any examination held under | 23 | | the provisions of this Section. The preference shall be given | 24 | | after the posting or publication of the applicant's initial | 25 | | score at the request of the person before finalizing the scores | 26 | | from all applicants taking part in a JLMC examination. |
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| 1 | | Candidates who are eligible for preference credit shall make a | 2 | | claim in writing within 10 days after the posting of the | 3 | | initial scores from any JLMC test or the claim shall be deemed | 4 | | waived. Once preference points are awarded, the candidates | 5 | | shall be certified to the master register in accordance with | 6 | | their final score including preference points. | 7 | | (i) Firefighter apprentice and firefighter-paramedic | 8 | | apprentice. The employment of an applicant to an apprentice | 9 | | position (including a currently employed full-time member of a | 10 | | fire department whose apprenticeship may be reduced or waived) | 11 | | shall be subject to the applicant passing the moral character | 12 | | standards and health examinations of the local commission. In | 13 | | addition, a local commission may require as a condition of | 14 | | employment that the applicant demonstrate current physical | 15 | | ability by either passing the local commission's approved | 16 | | physical ability examination, or by presenting proof of | 17 | | participating in and receiving a passing score on the physical | 18 | | ability component of a JLMC test within a period of up to 12 | 19 | | months before the date of the conditional offer of employment. | 20 | | Applicants shall be subject to the local commission's initial | 21 | | hire background review including criminal history, employment | 22 | | history, moral character, oral examination, and medical | 23 | | examinations which may include polygraph, psychological, and | 24 | | drug screening components, all on a pass-fail basis. The | 25 | | medical examinations must be conducted last, and may only be | 26 | | performed after a conditional offer of employment has been |
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| 1 | | extended. | 2 | | (j) Selection from list. Any municipality or fire | 3 | | protection district that is a party to an intergovernmental | 4 | | agreement under the terms of which persons have been tested for | 5 | | placement on the master register of eligibles shall be entitled | 6 | | to offer employment to any person on the list irrespective of | 7 | | their ranking on the list. The offer of employment shall be to | 8 | | the position of firefighter apprentice or | 9 | | firefighter-paramedic apprentice. | 10 | | Applicants passing these tests may be employed as a | 11 | | firefighter apprentice or a firefighter-paramedic apprentice | 12 | | who shall serve an apprenticeship period of 12 months or less | 13 | | according to the terms and conditions of employment as the | 14 | | employing municipality or district offers, or as provided for | 15 | | under the terms of any collective bargaining agreement then in | 16 | | effect. The apprenticeship period is separate from the | 17 | | probationary period. | 18 | | Service during the apprenticeship period shall be on a | 19 | | probationary basis. During the apprenticeship period, the | 20 | | apprentice's training and performance shall be monitored and | 21 | | evaluated by a Joint Apprenticeship Committee. | 22 | | The Joint Apprenticeship Committee shall consist of 4 | 23 | | members who shall be regular members of the fire department | 24 | | with at least 10 years of full-time work experience as a | 25 | | firefighter or firefighter-paramedic. The fire chief and the | 26 | | president of the exclusive bargaining representative |
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| 1 | | recognized by the employer shall each appoint 2 members to the | 2 | | Joint Apprenticeship Committee. In the absence of an exclusive | 3 | | collective bargaining representative, the chief shall appoint | 4 | | the remaining 2 members who shall be from the ranks of company | 5 | | officer and firefighter with at least 10 years of work | 6 | | experience as a firefighter or firefighter-paramedic. In the | 7 | | absence of a sufficient number of qualified firefighters, the | 8 | | Joint Apprenticeship Committee members shall have the amount of | 9 | | experience and the type of qualifications as is reasonable | 10 | | given the circumstances of the fire department. In the absence | 11 | | of a full-time member in a rank between chief and the highest | 12 | | rank in a bargaining unit, the Joint Apprenticeship Committee | 13 | | shall be reduced to 2 members, one to be appointed by the chief | 14 | | and one by the union president, if any. If there is no | 15 | | exclusive bargaining representative, the chief shall appoint | 16 | | the second member of the Joint Apprenticeship Committee from | 17 | | among qualified members in the ranks of company officer and | 18 | | below. Before the conclusion of the apprenticeship period, the | 19 | | Joint Apprenticeship Committee shall meet to consider the | 20 | | apprentice's progress and performance and vote to retain the | 21 | | apprentice as a member of the fire department or to terminate | 22 | | the apprenticeship. If 3 of the 4 members of the Joint | 23 | | Apprenticeship Committee affirmatively vote to retain the | 24 | | apprentice (if a 2 member Joint Apprenticeship Committee | 25 | | exists, then both members must affirmatively vote to retain the | 26 | | apprentice), the local commission shall issue the apprentice a |
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| 1 | | certificate of original appointment to the fire department. | 2 | | (k) A person who knowingly divulges or receives test | 3 | | questions or answers before a written examination, or otherwise | 4 | | knowingly violates or subverts any requirement of this Section, | 5 | | commits a violation of this Section and may be subject to | 6 | | charges for official misconduct. | 7 | | A person who is the knowing recipient of test information | 8 | | in advance of the examination shall be disqualified from the | 9 | | examination or discharged from the position to which he or she | 10 | | was appointed, as applicable, and otherwise subjected to | 11 | | disciplinary actions.
| 12 | | (Source: P.A. 97-251, eff. 8-4-11; 97-898, eff. 8-6-12; 98-760, | 13 | | eff. 7-16-14 .)
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