Rep. Jehan Gordon-Booth

Filed: 4/15/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5201

2    AMENDMENT NO. ______. Amend House Bill 5201 AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Illinois Municipal Code is amended by
6changing Section 10-1-7.1 as follows:
 
7    (65 ILCS 5/10-1-7.1)
8    Sec. 10-1-7.1. Original appointments; full-time fire
9department.
10    (a) Applicability. Unless a commission elects to follow the
11provisions of Section 10-1-7.2, this Section shall apply to all
12original appointments to an affected full-time fire
13department. Existing registers of eligibles shall continue to
14be valid until their expiration dates, or up to a maximum of 2
15years after the effective date of this amendatory Act of the
1697th General Assembly.

 

 

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1    Notwithstanding any statute, ordinance, rule, or other law
2to the contrary, all original appointments to an affected
3department to which this Section applies shall be administered
4in the manner provided for in this Section. Provisions of the
5Illinois Municipal Code, municipal ordinances, and rules
6adopted pursuant to such authority and other laws relating to
7initial hiring of firefighters in affected departments shall
8continue to apply to the extent they are compatible with this
9Section, but in the event of a conflict between this Section
10and any other law, this Section shall control.
11    A home rule or non-home rule municipality may not
12administer its fire department process for original
13appointments in a manner that is less stringent than this
14Section. This Section is a limitation under subsection (i) of
15Section 6 of Article VII of the Illinois Constitution on the
16concurrent exercise by home rule units of the powers and
17functions exercised by the State.
18    A municipality that is operating under a court order or
19consent decree regarding original appointments to a full-time
20fire department before the effective date of this amendatory
21Act of the 97th General Assembly is exempt from the
22requirements of this Section for the duration of the court
23order or consent decree.
24    Notwithstanding any other provision of this subsection
25(a), this Section does not apply to a municipality with more
26than 1,000,000 inhabitants.

 

 

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1    (b) Original appointments. All original appointments made
2to an affected fire department shall be made from a register of
3eligibles established in accordance with the processes
4established by this Section. Only persons who meet or exceed
5the performance standards required by this Section shall be
6placed on a register of eligibles for original appointment to
7an affected fire department.
8    Whenever an appointing authority authorizes action to hire
9a person to perform the duties of a firefighter or to hire a
10firefighter-paramedic to fill a position that is a new position
11or vacancy due to resignation, discharge, promotion, death, the
12granting of a disability or retirement pension, or any other
13cause, the appointing authority shall appoint to that position
14the person with the highest ranking on the final eligibility
15list. If the appointing authority has reason to conclude that
16the highest ranked person fails to meet the minimum standards
17for the position or if the appointing authority believes an
18alternate candidate would better serve the needs of the
19department, then the appointing authority has the right to pass
20over the highest ranked person and appoint either: (i) any
21person who has a ranking in the top 5% of the register of
22eligibles or (ii) any person who is among the top 5 highest
23ranked persons on the list of eligibles if the number of people
24who have a ranking in the top 5% of the register of eligibles
25is less than 5 people.
26    Any candidate may pass on an appointment once without

 

 

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1losing his or her position on the register of eligibles. Any
2candidate who passes a second time may be removed from the list
3by the appointing authority provided that such action shall not
4prejudice a person's opportunities to participate in future
5examinations, including an examination held during the time a
6candidate is already on the municipality's register of
7eligibles.
8    The sole authority to issue certificates of appointment
9shall be vested in the Civil Service Commission. All
10certificates of appointment issued to any officer or member of
11an affected department shall be signed by the chairperson and
12secretary, respectively, of the commission upon appointment of
13such officer or member to the affected department by the
14commission. Each person who accepts a certificate of
15appointment and successfully completes his or her probationary
16period shall be enrolled as a firefighter and as a regular
17member of the fire department.
18    For the purposes of this Section, "firefighter" means any
19person who has been prior to, on, or after the effective date
20of this amendatory Act of the 97th General Assembly appointed
21to a fire department or fire protection district or employed by
22a State university and sworn or commissioned to perform
23firefighter duties or paramedic duties, or both, except that
24the following persons are not included: part-time
25firefighters; auxiliary, reserve, or voluntary firefighters,
26including paid-on-call firefighters; clerks and dispatchers or

 

 

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1other civilian employees of a fire department or fire
2protection district who are not routinely expected to perform
3firefighter duties; and elected officials.
4    (c) Qualification for placement on register of eligibles.
5The purpose of establishing a register of eligibles is to
6identify applicants who possess and demonstrate the mental
7aptitude and physical ability to perform the duties required of
8members of the fire department in order to provide the highest
9quality of service to the public. To this end, all applicants
10for original appointment to an affected fire department shall
11be subject to examination and testing which shall be public,
12competitive, and open to all applicants unless the municipality
13shall by ordinance limit applicants to residents of the
14municipality, county or counties in which the municipality is
15located, State, or nation. Any examination and testing
16procedure utilized under subsection (e) of this Section shall
17be supported by appropriate validation evidence and shall
18comply with all applicable State and federal laws.
19Municipalities may establish educational, emergency medical
20service licensure, and other pre-requisites for participation
21in an examination or for hire as a firefighter. Any
22municipality may charge a fee to cover the costs of the
23application process.
24    Residency requirements in effect at the time an individual
25enters the fire service of a municipality cannot be made more
26restrictive for that individual during his or her period of

 

 

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1service for that municipality, or be made a condition of
2promotion, except for the rank or position of fire chief and
3for no more than 2 positions that rank immediately below that
4of the chief rank which are appointed positions pursuant to the
5Fire Department Promotion Act.
6    No person who is 35 years of age or older shall be eligible
7to take an examination for a position as a firefighter unless
8the person has had previous employment status as a firefighter
9in the regularly constituted fire department of the
10municipality, except as provided in this Section. The age
11limitation 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,
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, or
25        (3) any person who turned 35 while serving as a member
26    of the active or reserve components of any of the branches

 

 

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1    of the Armed Forces of the United States or the National
2    Guard of any state, whose service was characterized as
3    honorable or under honorable, if separated from the
4    military, and is currently under the age of 40.
5    No person who is under 21 years of age shall be eligible
6for employment as a firefighter.
7    No applicant shall be examined concerning his or her
8political or religious opinions or affiliations. The
9examinations shall be conducted by the commissioners of the
10municipality or their designees and agents.
11    No municipality shall require that any firefighter
12appointed to the lowest rank serve a probationary employment
13period of longer than one year of actual active employment,
14which may exclude periods of training, or injury or illness
15leaves, including duty related leave, in excess of 30 calendar
16days. Notwithstanding anything to the contrary in this Section,
17the probationary employment period limitation may be extended
18for a firefighter who is required, as a condition of
19employment, to be a licensed paramedic, during which time the
20sole reason that a firefighter may be discharged without a
21hearing is for failing to meet the requirements for paramedic
22licensure.
23    In the event that any applicant who has been found eligible
24for appointment and whose name has been placed upon the final
25eligibility register provided for in this Division 1 has not
26been appointed to a firefighter position within one year after

 

 

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1the date of his or her physical ability examination, the
2commission may cause a second examination to be made of that
3applicant's physical ability prior to his or her appointment.
4If, after the second examination, the physical ability of the
5applicant shall be found to be less than the minimum standard
6fixed by the rules of the commission, the applicant shall not
7be appointed. The applicant's name may be retained upon the
8register of candidates eligible for appointment and when next
9reached for certification and appointment that applicant may be
10again examined as provided in this Section, and if the physical
11ability of that applicant is found to be less than the minimum
12standard fixed by the rules of the commission, the applicant
13shall not be appointed, and the name of the applicant shall be
14removed from the register.
15    (d) Notice, examination, and testing components. Notice of
16the time, place, general scope, merit criteria for any
17subjective component, and fee of every examination shall be
18given by the commission, by a publication at least 2 weeks
19preceding the examination: (i) in one or more newspapers
20published in the municipality, or if no newspaper is published
21therein, then in one or more newspapers with a general
22circulation within the municipality, or (ii) on the
23municipality's Internet website. Additional notice of the
24examination may be given as the commission shall prescribe.
25    The examination and qualifying standards for employment of
26firefighters shall be based on: mental aptitude, physical

 

 

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1ability, preferences, moral character, and health. The mental
2aptitude, physical ability, and preference components shall
3determine an applicant's qualification for and placement on the
4final register of eligibles. The examination may also include a
5subjective component based on merit criteria as determined by
6the commission. Scores from the examination must be made
7available to the public.
8    (e) Mental aptitude. No person who does not possess at
9least a high school diploma or an equivalent high school
10education shall be placed on a register of eligibles.
11Examination of an applicant's mental aptitude shall be based
12upon a written examination. The examination shall be practical
13in character and relate to those matters that fairly test the
14capacity of the persons examined to discharge the duties
15performed by members of a fire department. Written examinations
16shall be administered in a manner that ensures the security and
17accuracy of the scores achieved.
18    (f) Physical ability. All candidates shall be required to
19undergo an examination of their physical ability to perform the
20essential functions included in the duties they may be called
21upon to perform as a member of a fire department. For the
22purposes of this Section, essential functions of the job are
23functions associated with duties that a firefighter may be
24called upon to perform in response to emergency calls. The
25frequency of the occurrence of those duties as part of the fire
26department's regular routine shall not be a controlling factor

 

 

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1in the design of examination criteria or evolutions selected
2for testing. These physical examinations shall be open,
3competitive, and based on industry standards designed to test
4each applicant's physical abilities in the following
5dimensions:
6        (1) Muscular strength to perform tasks and evolutions
7    that may be required in the performance of duties including
8    grip strength, leg strength, and arm strength. Tests shall
9    be conducted under anaerobic as well as aerobic conditions
10    to test both the candidate's speed and endurance in
11    performing tasks and evolutions. Tasks tested may be based
12    on standards developed, or approved, by the local
13    appointing authority.
14        (2) The ability to climb ladders, operate from heights,
15    walk or crawl in the dark along narrow and uneven surfaces,
16    and operate in proximity to hazardous environments.
17        (3) The ability to carry out critical, time-sensitive,
18    and complex problem solving during physical exertion in
19    stressful and hazardous environments. The testing
20    environment may be hot and dark with tightly enclosed
21    spaces, flashing lights, sirens, and other distractions.
22    The tests utilized to measure each applicant's
23capabilities in each of these dimensions may be tests based on
24industry standards currently in use or equivalent tests
25approved by the Joint Labor-Management Committee of the Office
26of the State Fire Marshal.

 

 

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1    Physical ability examinations administered under this
2Section shall be conducted with a reasonable number of proctors
3and monitors, open to the public, and subject to reasonable
4regulations of the commission.
5    (g) Scoring of examination components. Appointing
6authorities may create a preliminary eligibility register. A
7person shall be placed on the list based upon his or her
8passage of the written examination or the passage of the
9written examination and the physical ability component.
10Passage of the written examination means attaining the minimum
11score set by the commission. Minimum scores should be set by
12the commission so as to demonstrate a candidate's ability to
13perform the essential functions of the job. The minimum score
14set by the commission shall be supported by appropriate
15validation evidence and shall comply with all applicable State
16and federal laws. The appointing authority may conduct the
17physical ability component and any subjective components
18subsequent to the posting of the preliminary eligibility
19register.
20    The examination components for an initial eligibility
21register shall be graded on a 100-point scale. A person's
22position on the list shall be determined by the following: (i)
23the person's score on the written examination, (ii) the person
24successfully passing the physical ability component, and (iii)
25the person's results on any subjective component as described
26in subsection (d).

 

 

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1    In order to qualify for placement on the final eligibility
2register, an applicant's score on the written examination,
3before any applicable preference points or subjective points
4are applied, shall be at or above the minimum score set by the
5commission. The local appointing authority may prescribe the
6score to qualify for placement on the final eligibility
7register, but the score shall not be less than the minimum
8score set by the commission.
9    The commission shall prepare and keep a register of persons
10whose total score is not less than the minimum score for
11passage and who have passed the physical ability examination.
12These persons shall take rank upon the register as candidates
13in the order of their relative excellence based on the highest
14to the lowest total points scored on the mental aptitude,
15subjective component, and preference components of the test
16administered in accordance with this Section. No more than 60
17days after each examination, an initial eligibility list shall
18be posted by the commission. The list shall include the final
19grades of the candidates without reference to priority of the
20time of examination and subject to claim for preference credit.
21    Commissions may conduct additional examinations, including
22without limitation a polygraph test, after a final eligibility
23register is established and before it expires with the
24candidates ranked by total score without regard to date of
25examination. No more than 60 days after each examination, an
26initial eligibility list shall be posted by the commission

 

 

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1showing the final grades of the candidates without reference to
2priority of time of examination and subject to claim for
3preference credit.
4    (h) Preferences. The following are preferences:
5        (1) Veteran preference. Persons who were engaged in the
6    military service of the United States for a period of at
7    least one year of active duty and who were honorably
8    discharged therefrom, or who are now or have been members
9    on inactive or reserve duty in such military or naval
10    service, shall be preferred for appointment to and
11    employment with the fire department of an affected
12    department.
13        (2) Fire cadet preference. Persons who have
14    successfully completed 2 years of study in fire techniques
15    or cadet training within a cadet program established under
16    the rules of the Joint Labor and Management Committee
17    (JLMC), as defined in Section 50 of the Fire Department
18    Promotion Act, may be preferred for appointment to and
19    employment with the fire department.
20        (3) Educational preference. Persons who have
21    successfully obtained an associate's degree in the field of
22    fire service or emergency medical services, or a bachelor's
23    degree from an accredited college or university may be
24    preferred for appointment to and employment with the fire
25    department.
26        (4) Paramedic preference. Persons who have obtained a

 

 

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1    license as a paramedic may be preferred for appointment to
2    and employment with the fire department of an affected
3    department providing emergency medical services.
4        (5) Experience preference. All persons employed by a
5    municipality who have been paid-on-call or part-time
6    certified Firefighter II, certified Firefighter III, State
7    of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
8    paramedic, or any combination of those capacities may be
9    awarded up to a maximum of 5 points. However, the applicant
10    may not be awarded more than 0.5 points for each complete
11    year of paid-on-call or part-time service. Applicants from
12    outside the municipality who were employed as full-time
13    firefighters or firefighter-paramedics by a fire
14    protection district or another municipality may be awarded
15    up to 5 experience preference points. However, the
16    applicant may not be awarded more than one point for each
17    complete year of full-time service.
18        Upon request by the commission, the governing body of
19    the municipality or in the case of applicants from outside
20    the municipality the governing body of any fire protection
21    district or any other municipality shall certify to the
22    commission, within 10 days after the request, the number of
23    years of successful paid-on-call, part-time, or full-time
24    service of any person. A candidate may not receive the full
25    amount of preference points under this subsection if the
26    amount of points awarded would place the candidate before a

 

 

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1    veteran on the eligibility list. If more than one candidate
2    receiving experience preference points is prevented from
3    receiving all of their points due to not being allowed to
4    pass a veteran, the candidates shall be placed on the list
5    below the veteran in rank order based on the totals
6    received if all points under this subsection were to be
7    awarded. Any remaining ties on the list shall be determined
8    by lot.
9        (6) Residency preference. Applicants whose principal
10    residence is located within the fire department's
11    jurisdiction may be preferred for appointment to and
12    employment with the fire department.
13        (7) Additional preferences. Up to 5 additional
14    preference points may be awarded for unique categories
15    based on an applicant's experience or background as
16    identified by the commission. In identifying these
17    categories, the commission may determine that minority
18    persons and female persons constitute unique categories of
19    persons whose experience and background are valuable to the
20    department and make them eligible to be awarded additional
21    preference points under this item (7).
22        For the purposes of this item (7), "minority person"
23    means a person who is any of the following: (i) American
24    Indian or Alaska Native (a person having origins in any of
25    the original peoples of North and South America, including
26    Central America, and who maintains tribal affiliation or

 

 

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1    community attachment); (ii) Asian (a person having origins
2    in any of the original peoples of the Far East, Southeast
3    Asia, or the Indian subcontinent, including, but not
4    limited to, Cambodia, China, India, Japan, Korea,
5    Malaysia, Pakistan, the Philippine Islands, Thailand, and
6    Vietnam); (iii) Black or African American (a person having
7    origins in any of the black racial groups of Africa); terms
8    such as "Haitian" or "Negro" can be used in addition to
9    "Black or African American"; (iv) Hispanic or Latino (a
10    person of Cuban, Mexican, Puerto Rican, South or Central
11    American, or other Spanish culture or origin, regardless of
12    race); (v) Native Hawaiian or other Pacific Islander (a
13    person having origins in any of the original peoples of
14    Hawaii, Guam, Samoa, or other Pacific Islands).
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
12claim the credit before any examination held under the
13provisions of this Section, but the preference shall be given
14after the posting or publication of the initial eligibility
15list or register at the request of a person entitled to a
16credit before any certification or appointments are made from
17the eligibility register, upon the furnishing of verifiable
18evidence and proof of qualifying preference credit. Candidates
19who are eligible for preference credit shall make a claim in
20writing within 10 days after the posting of the initial
21eligibility list, or the claim shall be deemed waived. Final
22eligibility registers shall be established after the awarding
23of verified preference points. All employment shall be subject
24to the commission's initial hire background review including,
25but not limited to, criminal history, employment history, moral
26character, oral examination, and medical and psychological

 

 

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1examinations, all on a pass-fail basis. The medical and
2psychological examinations must be conducted last, and may only
3be performed after a conditional offer of employment has been
4extended.
5    Any person placed on an eligibility list who exceeds the
6age requirement before being appointed to a fire department
7shall remain eligible for appointment until the list is
8abolished, or his or her name has been on the list for a period
9of 2 years. No person who has attained the age of 35 years
10shall be inducted into a fire department, except as otherwise
11provided in this Section.
12    The commission shall strike off the names of candidates for
13original appointment after the names have been on the list for
14more than 2 years.
15    (i) Moral character. No person shall be appointed to a fire
16department unless he or she is a person of good character; not
17a habitual drunkard, a gambler, or a person who has been
18convicted of a felony or a crime involving moral turpitude.
19However, no person shall be disqualified from appointment to
20the fire department because of the person's record of
21misdemeanor convictions except those under Sections 11-6,
2211-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
2312-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2431-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and subsections
251, 6, and 8 of Section 24-1 of the Criminal Code of 1961 or the
26Criminal Code of 2012, or arrest for any cause without

 

 

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1conviction thereon. Any such person who is in the department
2may be removed on charges brought for violating this subsection
3and after a trial as hereinafter provided.
4    A classifiable set of the fingerprints of every person who
5is offered employment as a certificated member of an affected
6fire department whether with or without compensation, shall be
7furnished to the Illinois Department of State Police and to the
8Federal Bureau of Investigation by the commission.
9    Whenever a commission is authorized or required by law to
10consider some aspect of criminal history record information for
11the purpose of carrying out its statutory powers and
12responsibilities, then, upon request and payment of fees in
13conformance with the requirements of Section 2605-400 of the
14State Police Law of the Civil Administrative Code of Illinois,
15the Department of State Police is authorized to furnish,
16pursuant to positive identification, the information contained
17in State files as is necessary to fulfill the request.
18    (j) Temporary appointments. In order to prevent a stoppage
19of public business, to meet extraordinary exigencies, or to
20prevent material impairment of the fire department, the
21commission may make temporary appointments, to remain in force
22only until regular appointments are made under the provisions
23of this Division, but never to exceed 60 days. No temporary
24appointment of any one person shall be made more than twice in
25any calendar year.
26    (k) A person who knowingly divulges or receives test

 

 

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1questions or answers before a written examination, or otherwise
2knowingly violates or subverts any requirement of this Section,
3commits a violation of this Section and may be subject to
4charges for official misconduct.
5    A person who is the knowing recipient of test information
6in advance of the examination shall be disqualified from the
7examination or discharged from the position to which he or she
8was appointed, as applicable, and otherwise subjected to
9disciplinary actions.
10(Source: P.A. 98-760, eff. 7-16-14; 98-973, eff. 8-15-14;
1199-78, eff. 7-20-15; 99-379, eff. 8-17-15.)".