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Public Act 095-0490 |
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AN ACT concerning local government.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Illinois Municipal Code is amended by | ||||
changing Sections 10-1-14 and 10-2.1-4 as follows:
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(65 ILCS 5/10-1-14) (from Ch. 24, par. 10-1-14)
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Sec. 10-1-14. The head of the department or office in which | ||||
a
position classified under this Division 1 is to be filled | ||||
shall notify
the commission of that fact, and the commission | ||||
shall certify to the
appointing officer the name and address of | ||||
the candidate standing
highest upon the register for the class | ||||
or grade to which the position
belongs. However, in cases of | ||||
laborers where a choice by competition is
impracticable, the | ||||
commission may provide by its rules that the
selections shall | ||||
be made by lot from among those candidates proved fit
by | ||||
examination, but laborers who have previously been in the | ||||
service and
were removed because their services were no longer | ||||
required, shall be
preferred, and be reinstated before other | ||||
laborers are given positions,
preference being given to those | ||||
who have had the longest term of
service, and laborers in the | ||||
employ of the municipality on July 1, 1949,
who, as of such | ||||
date, have been employed under temporary authority for 3
years | ||||
or more or during parts of 3 or more calendar years, shall be
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preferred also, and shall be placed upon the register for such | ||
positions
without examination and shall be certified before | ||
other laborers are
given positions, preference being given to | ||
those laborers under
temporary authority who have had the | ||
longest term of service in such
positions. In making such | ||
certification, sex shall be disregarded.
The appointing | ||
officer shall notify the commission
of each position to be | ||
filled, separately, and shall fill such place by
the | ||
appointment of the person certified to him or her by the | ||
commission
therefor. Original appointment shall be on | ||
probation for a period not to
exceed 6 months to be fixed by | ||
the rules but all time spent in attending
training schools and | ||
seminars, except on-the-job training
conducted by local Fire | ||
Department personnel, shall
be excluded in calculating the | ||
probation period; provided that in
municipalities with a | ||
population of more than 500,000 inhabitants,
original | ||
appointment to the police department shall be on probation for
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a period not to exceed 9 months to be fixed by the rules of the
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department. The commission may strike off names of candidates | ||
from the
register after they have remained thereon more than 2 | ||
years. At or
before the expiration of the period of probation, | ||
the head of the
department or office in which a candidate is | ||
employed may, by and with
the consent of the commission, | ||
discharge him or her upon assigning in writing
his or her | ||
reason therefor to the commission. If he or she is
not then | ||
discharged, his or her
appointment shall be deemed complete. To |
prevent the stoppage of public
business, or to meet | ||
extraordinary exigencies, the head of any
department or office | ||
may, with the approval of the commission, make
temporary | ||
appointment to remain in force not exceeding 120 days, and
only | ||
until regular appointments under the provisions of this | ||
Division 1
can be made. In any municipal fire department that | ||
employs full-time firefighters and is subject to a collective | ||
bargaining agreement, a person who has not qualified for | ||
regular appointment under the provisions of this Division 1 | ||
shall not be used as a temporary or permanent substitute for | ||
classified members of a municipality's fire department or for | ||
regular appointment as a classified member of a municipality's | ||
fire department unless mutually agreed to by the employee's | ||
certified bargaining agent. Such agreement shall be considered | ||
a permissive subject of bargaining. Municipal fire departments | ||
covered by the changes made by this amendatory Act of the 95th | ||
General Assembly that are using non-certificated employees as | ||
substitutes immediately prior to the effective date of this | ||
amendatory Act of the 95th General Assembly may, by mutual | ||
agreement with the certified bargaining agent, continue the | ||
existing practice or a modified practice and that agreement | ||
shall be considered a permissive subject of bargaining. A home | ||
rule unit may not regulate the hiring of temporary or | ||
substitute members of the municipality's fire department in a | ||
manner that is inconsistent with this Section. This Section is | ||
a limitation under subsection (i) of Section 6 of Article VII |
of the Illinois Constitution on the concurrent exercise by home | ||
rule units of powers and functions exercised by the State.
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(Source: P.A. 80-1364.)
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(65 ILCS 5/10-2.1-4) (from Ch. 24, par. 10-2.1-4)
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Sec. 10-2.1-4. Fire and police departments; Appointment of
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members; Certificates of appointments.
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The board of fire and police commissioners shall appoint | ||
all officers
and members of the fire and police departments of | ||
the municipality,
including the chief of police and the chief | ||
of the fire department,
unless the council or board of trustees | ||
shall by ordinance as to them
otherwise provide; except as | ||
otherwise provided in this Section, and
except that in any | ||
municipality which adopts or has
adopted this Division 2.1 and | ||
also adopts or has adopted Article 5 of
this Code, the chief of | ||
police and the chief of the fire department
shall be appointed | ||
by the municipal manager, if it is provided by
ordinance in | ||
such municipality that such chiefs, or either of them,
shall | ||
not be appointed by the board of fire and police commissioners.
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If the chief of the fire department or the chief of the | ||
police department
or both of them are appointed in the manner | ||
provided by ordinance, they
may be removed or discharged by the | ||
appointing authority. In such case
the appointing authority | ||
shall file with the corporate authorities the reasons
for such | ||
removal or discharge, which removal or discharge shall not | ||
become
effective unless confirmed by a majority vote of the |
corporate authorities.
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If a member of the department is appointed chief of police | ||
or chief
of the fire department prior to being eligible to | ||
retire on pension, he
shall be considered as on furlough from | ||
the rank he held immediately
prior to his appointment as chief. | ||
If he resigns as chief or is
discharged as chief prior to | ||
attaining eligibility to retire on pension,
he shall revert to | ||
and be established in whatever rank he currently holds,
except | ||
for previously appointed positions, and thereafter
be entitled | ||
to all the benefits and emoluments of that rank,
without regard | ||
as to whether a vacancy then exists in that rank.
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All appointments to each department other than that of the | ||
lowest
rank, however, shall be from the rank next below that to | ||
which the
appointment is made except as otherwise provided in | ||
this Section, and
except that the chief of police and the chief | ||
of the
fire department may be appointed from among members of | ||
the police and
fire departments, respectively, regardless of | ||
rank, unless the council
or board of trustees shall have by | ||
ordinance as to them otherwise provided.
A chief of police or | ||
the chief of the fire department, having been appointed
from | ||
among members
of the police or fire department, respectively, | ||
shall be permitted, regardless
of rank, to
take promotional
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exams and be promoted to a higher classified rank than he | ||
currently holds,
without having to
resign as chief of police or | ||
chief of the fire department.
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The sole authority to issue certificates of appointment |
shall be
vested in the Board of Fire and Police Commissioners | ||
and all
certificates of appointments issued to any officer or | ||
member of the fire
or police department of a municipality shall | ||
be signed by the chairman
and secretary respectively of the | ||
board of fire and police commissioners
of such municipality, | ||
upon appointment of such officer or member of the
fire and | ||
police department of such municipality by action of the board
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of fire and police commissioners. In any municipal fire | ||
department that employs full-time firefighters and is subject | ||
to a collective bargaining agreement, a person who has not | ||
qualified for regular appointment under the provisions of this | ||
Division 2.1 shall not be used as a temporary or permanent | ||
substitute for classified members of a municipality's fire | ||
department or for regular appointment as a classified member of | ||
a municipality's fire department unless mutually agreed to by | ||
the employee's certified bargaining agent. Such agreement | ||
shall be considered a permissive subject of bargaining. | ||
Municipal fire departments covered by the changes made by this | ||
amendatory Act of the 95th General Assembly that are using | ||
non-certificated employees as substitutes immediately prior to | ||
the effective date of this amendatory Act of the 95th General | ||
Assembly may, by mutual agreement with the certified bargaining | ||
agent, continue the existing practice or a modified practice | ||
and that agreement shall be considered a permissive subject of | ||
bargaining. A home rule unit may not regulate the hiring of | ||
temporary or substitute members of the municipality's fire |
department in a manner that is inconsistent with this Section. | ||
This Section is a limitation under subsection (i) of Section 6 | ||
of Article VII of the Illinois Constitution on the concurrent | ||
exercise by home rule units of powers and functions exercised | ||
by the State.
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The term "policemen" as used in this Division does not | ||
include
auxiliary police officers except as provided for in | ||
Section 10-2.1-6.
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Any full time member of a regular fire or police department | ||
of any
municipality which comes under the provisions of this | ||
Division or adopts
this Division 2.1 or which has adopted any | ||
of the prior Acts pertaining to
fire and police commissioners, | ||
is a city officer.
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Notwithstanding any other provision of this Section, the | ||
Chief of
Police of a department in a non-homerule municipality | ||
of more than 130,000
inhabitants may, without the advice or | ||
consent of the Board of
Fire and Police Commissioners, appoint | ||
up to 6 officers who shall be known
as deputy chiefs or | ||
assistant deputy chiefs, and whose rank shall be
immediately | ||
below that of Chief. The deputy or assistant deputy chiefs may
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be appointed from any rank of sworn officers of that | ||
municipality, but no
person who is not such a sworn officer may | ||
be so appointed. Such deputy
chief or assistant deputy chief | ||
shall have the authority to direct and
issue orders to all | ||
employees of the Department holding the rank of captain
or any | ||
lower rank.
A deputy chief of police or assistant deputy chief |
of police, having been
appointed from any rank
of sworn | ||
officers of that municipality, shall be permitted, regardless | ||
of rank,
to take promotional
exams and be promoted to a higher | ||
classified rank than he currently holds,
without having to
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resign as deputy chief of police or assistant deputy chief of | ||
police.
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Notwithstanding any other provision of this Section, a | ||
non-homerule
municipality of 130,000 or fewer inhabitants, | ||
through its council or board
of trustees, may, by ordinance, | ||
provide for a position of deputy chief to be
appointed by the | ||
chief of the police department. The ordinance shall provide
for | ||
no more than one deputy chief position if the police department | ||
has fewer
than 25 full-time police officers and for no more | ||
than 2 deputy chief positions
if the police department has 25 | ||
or more full-time police officers. The deputy
chief position
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shall be an exempt rank immediately below that of Chief. The | ||
deputy chief may
be appointed from any rank of sworn, full-time | ||
officers of the municipality's
police department, but must have | ||
at least 5 years of full-time service as a
police officer in | ||
that department. A deputy chief shall serve at the
discretion | ||
of the Chief and, if removed from the position,
shall revert to | ||
the rank currently held, without regard as to whether a
vacancy | ||
exists in
that rank. A deputy chief
of police, having been | ||
appointed from any rank of sworn full-time officers of
that | ||
municipality's
police department, shall be permitted, | ||
regardless of rank, to take promotional
exams and be
promoted |
to a higher classified rank than he currently holds, without | ||
having to
resign as deputy
chief of police.
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No municipality having a population less than 1,000,000 | ||
shall require
that any firefighter appointed to the lowest
rank | ||
serve a probationary employment period of longer than one year. | ||
The
limitation on periods of probationary employment provided | ||
in this
amendatory Act of 1989 is an exclusive power and | ||
function of the State.
Pursuant to subsection (h) of Section 6 | ||
of Article VII of the Illinois
Constitution, a home rule | ||
municipality having a population less than 1,000,000
must | ||
comply with this limitation on periods of probationary | ||
employment, which
is a denial and limitation of home rule | ||
powers. Notwithstanding anything to
the contrary in this | ||
Section, the probationary employment period limitation
may be | ||
extended for a firefighter who is required, as a condition of | ||
employment, to be a certified paramedic, during which time the | ||
sole reason that a firefighter may be discharged without a | ||
hearing is for failing to meet the requirements for paramedic | ||
certification.
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(Source: P.A. 93-486, eff. 8-8-03; 94-135, eff. 7-7-05; 94-984, | ||
eff. 6-30-06.)
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Section 10. The Fire Protection District Act is amended by | ||
changing Section 16.06 as follows:
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(70 ILCS 705/16.06) (from Ch. 127 1/2, par. 37.06)
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Sec. 16.06. Eligibility for positions in fire department;
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disqualifications.
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(a) All applicants for a position in the fire department of | ||
the
fire protection district shall be under 35 years of age and | ||
shall be
subjected to examination, which shall be public, | ||
competitive, and free to
all applicants, subject to reasonable | ||
limitations as to health, habits, and
moral character; provided | ||
that the foregoing age limitation shall not apply
in the case | ||
of any person having previous employment status as a fireman in | ||
a
regularly constituted fire department of any fire protection | ||
district, and
further provided that each fireman or fire chief | ||
who is a member in
good standing in a regularly constituted | ||
fire department of any municipality
which shall be or shall | ||
have subsequently been included within the boundaries
of any | ||
fire protection district now or hereafter organized shall be | ||
given
a preference for original appointment in the same class, | ||
grade or employment
over all other applicants. The examinations | ||
shall be practical in their
character and shall relate to those | ||
matters which will fairly test the persons
examined as to their | ||
relative capacity to discharge the duties of the positions
to | ||
which they seek appointment. The examinations shall include | ||
tests of
physical qualifications and health. No applicant, | ||
however, shall be examined
concerning his political or | ||
religious opinions or affiliations. The
examinations shall be | ||
conducted by the board of fire commissioners.
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In any fire protection district that employs full-time |
firefighters and is subject to a collective bargaining | ||
agreement, a person who has not qualified for regular | ||
appointment under the provisions of this Section shall not be | ||
used as a temporary or permanent substitute for certificated | ||
members of a fire district's fire department or for regular | ||
appointment as a certificated member of a fire district's fire | ||
department unless mutually agreed to by the employee's | ||
certified bargaining agent. Such agreement shall be considered | ||
a permissive subject of bargaining. Fire protection districts | ||
covered by the changes made by this amendatory Act of the 95th | ||
General Assembly that are using non-certificated employees as | ||
substitutes immediately prior to the effective date of this | ||
amendatory Act of the 95th General Assembly may, by mutual | ||
agreement with the certified bargaining agent, continue the | ||
existing practice or a modified practice and that agreement | ||
shall be considered a permissive subject of bargaining.
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(b) No person shall be appointed to the fire department | ||
unless he or she is
a person of good character and not a person | ||
who has been convicted of a felony
in Illinois or convicted in | ||
another jurisdiction for conduct that would be a
felony under | ||
Illinois law, or convicted of a crime involving moral | ||
turpitude.
No person,
however, shall be disqualified from | ||
appointment to the fire department because
of his or her record | ||
of misdemeanor convictions, except those under Sections
11-6, | ||
11-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6, | ||
12-15, 14-4,
16-1,
21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, |
31-4, 31-6, 31-7, 32-1, 32-2, 32-3,
32-4, 32-8, and subsections | ||
(1), (6), and (8) of Section 24-1 of the Criminal
Code of 1961.
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(Source: P.A. 93-589, eff. 1-1-04.)
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