093_HB0988enr HB0988 Enrolled LRB093 05742 RCE 05835 b 1 AN ACT in relation to public bodies. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may be cited as the 5 Fire Department Promotion Act. 6 Section 5. Definitions. In this Act: 7 "Affected department" or "department" means a full-time 8 municipal fire department that is subject to a collective 9 bargaining agreement or the fire department operated by a 10 full-time fire protection district. The terms do not include 11 fire departments operated by the State, a university, or a 12 municipality with a population over 1,000,000 or any unit of 13 local government other than a municipality or fire protection 14 district. The terms also do not include a combined department 15 that was providing both police and firefighting services on 16 January 1, 2002. 17 "Appointing authority" means the Board of Fire and Police 18 Commissioners, Board of Fire Commissioners, Civil Service 19 Commissioners, Superintendent or Department Head, Fire 20 Protection District Board of Trustees, or other entity having 21 the authority to administer and grant promotions in an 22 affected department. 23 "Promotion" means any appointment or advancement to a 24 rank within the affected department (1) for which an 25 examination was required before January 1, 2002; (2) that is 26 included within a bargaining unit; or (3) that is the next 27 rank immediately above the highest rank included within a 28 bargaining unit, provided such rank is not the only rank 29 between the Fire Chief and the highest rank included within 30 the bargaining unit, or is a rank otherwise excepted under 31 item (i), (ii), (iii), (iv), or (v) of this definition. HB0988 Enrolled -2- LRB093 05742 RCE 05835 b 1 "Promotion" does not include appointments (i) that are for 2 fewer than 180 days; (ii) to the positions of Superintendent, 3 Chief, or other chief executive officer; (iii) to an 4 exclusively administrative or executive rank for which an 5 examination is not required; (iv) to a rank that was exempted 6 by a home rule municipality prior to January 1, 2002, 7 provided that after the effective date of this Act no home 8 rule municipality may exempt any future or existing ranks 9 from the provisions of this Act; or (v) to an administrative 10 rank immediately below the Superintendent, Chief, or other 11 chief executive officer of an affected department, provided 12 such rank shall not be held by more than 2 persons and there 13 is a promoted rank immediately below it. Notwithstanding the 14 exceptions to the definition of "promotion" set forth in 15 items (i), (ii), (iii), (iv), and (v) of this definition, 16 promotions shall include any appointments to ranks covered by 17 the terms of a collective bargaining agreement in effect on 18 the effective date of this Act. 19 "Preliminary promotion list" means the rank order of 20 eligible candidates established in accordance with subsection 21 (b) of Section 20 prior to applicable veteran's preference 22 points. A person on the preliminary promotion list who is 23 eligible for veteran's preference under the laws and 24 agreements applicable to the appointing authority may file a 25 written application for that preference within 10 days after 26 the initial posting of the preliminary promotion list. The 27 preference shall be calculated in accordance with Section 55 28 and applied as an addition to the person's total point score 29 on the examination. The appointing authority shall make 30 adjustments to the preliminary promotion list based on any 31 veteran's preference claimed and the final adjusted promotion 32 list shall then be posted by the appointing authority. 33 "Rank" means any position within the chain of command of 34 a fire department to which employees are regularly assigned HB0988 Enrolled -3- LRB093 05742 RCE 05835 b 1 to perform duties related to providing fire suppression, fire 2 prevention, or emergency services. 3 "Final adjusted promotion list" means the promotion list 4 for the position that is in effect on the date the position 5 is created or the vacancy occurs. If there is no final 6 adjusted promotion list in effect for that position on that 7 date, or if all persons on the current final adjusted 8 promotion list for that position refuse the promotion, the 9 affected department shall not make a permanent promotion 10 until a new final adjusted promotion list has been prepared 11 in accordance with this Act, but may make a temporary 12 appointment to fill the vacancy. Temporary appointments shall 13 not exceed 180 days. 14 Each component of the promotional test shall be scored on 15 a scale of 100 points. The component scores shall then be 16 reduced by the weighting factor assigned to the component on 17 the test and the scores of all components shall be added to 18 produce a total score based on a scale of 100 points. 19 Section 10. Applicability. 20 (a) This Act shall apply to all positions in an affected 21 department, except those specifically excluded in items (i), 22 (ii), (iii), (iv), and (v) of the definition of "promotion" 23 in Section 5 unless such positions are covered by a 24 collective bargaining agreement in force on the effective 25 date of this Act. Existing promotion lists shall continue to 26 be valid until their expiration dates, or up to a maximum of 27 3 years after the effective date of this Act. 28 (b) Notwithstanding any statute, ordinance, rule, or 29 other laws to the contrary, all promotions in an affected 30 department to which this Act applies shall be administered in 31 the manner provided for in this Act. Provisions of the 32 Illinois Municipal Code, the Fire Protection District Act, 33 municipal ordinances, or rules adopted pursuant to such HB0988 Enrolled -4- LRB093 05742 RCE 05835 b 1 authority and other laws relating to promotions in affected 2 departments shall continue to apply to the extent they are 3 compatible with this Act, but in the event of conflict 4 between this Act and any other law, this Act shall control. 5 (c) A home rule or non-home rule municipality may not 6 administer its fire department promotion process in a manner 7 that is inconsistent with this Act. This Section is a 8 limitation under subsection (i) of Section 6 of Article VII 9 of the Illinois Constitution on the concurrent exercise by 10 home rule units of the powers and functions exercised by the 11 State. 12 (d) This Act is intended to serve as a minimum standard 13 and shall be construed to authorize and not to limit: 14 (1) An appointing authority from establishing 15 different or supplemental promotional criteria or 16 components, provided that the criteria are job-related 17 and applied uniformly. 18 (2) The negotiation by an employer and an exclusive 19 bargaining representative of clauses within a collective 20 bargaining agreement relating to conditions, criteria, or 21 procedures for the promotion of employees who are members 22 of bargaining units. 23 (3) The negotiation by an employer and an exclusive 24 bargaining representative of provisions within a 25 collective bargaining agreement to achieve affirmative 26 action objectives, provided that such clauses are 27 consistent with applicable law. 28 (e) Local authorities and exclusive bargaining agents 29 affected by this Act may agree to waive one or more of its 30 provisions and bargain on the contents of those provisions, 31 provided that any such waivers shall be considered permissive 32 subjects of bargaining. 33 Section 15. Promotion process. HB0988 Enrolled -5- LRB093 05742 RCE 05835 b 1 (a) For the purpose of granting promotion to any rank to 2 which this Act applies, the appointing authority shall from 3 time to time, as necessary, administer a promotion process in 4 accordance with this Act. 5 (b) Eligibility requirements to participate in the 6 promotional process may include a minimum requirement as to 7 the length of employment, education, training, and 8 certification in subjects and skills related to fire 9 fighting. After the effective date of this Act, any such 10 eligibility requirements shall be published at least one year 11 prior to the date of the beginning of the promotional process 12 and all members of the affected department shall be given an 13 equal opportunity to meet those eligibility requirements. 14 (c) All aspects of the promotion process shall be 15 equally accessible to all eligible employees of the 16 department. Every component of the testing and evaluation 17 procedures shall be published to all eligible candidates when 18 the announcement of promotional testing is made. The scores 19 for each component of the testing and evaluation procedures 20 shall be disclosed to each candidate as soon as practicable 21 after the component is completed. 22 (d) The appointing authority shall provide a separate 23 promotional examination for each rank that is filled by 24 promotion. All examinations for promotion shall be 25 competitive among the members of the next lower rank who meet 26 the established eligibility requirements and desire to submit 27 themselves to examination. The appointing authority may 28 employ consultants to design and administer promotion 29 examinations or may adopt any job-related examinations or 30 study materials that may become available, so long as they 31 comply with the requirements of this Act. 32 Section 20. Promotion lists. 33 (a) For the purpose of granting a promotion to any rank HB0988 Enrolled -6- LRB093 05742 RCE 05835 b 1 to which this Act applies, the appointing authority shall 2 from time to time, as necessary, prepare a preliminary 3 promotion list in accordance with this Act. The preliminary 4 promotion list shall be distributed, posted, or otherwise 5 made conveniently available by the appointing authority to 6 all members of the department. 7 (b) A person's position on the preliminary promotion 8 list shall be determined by a combination of factors which 9 may include any of the following: (i) the person's score on 10 the written examination for that rank, determined in 11 accordance with Section 35; (ii) the person's seniority 12 within the department, determined in accordance with Section 13 40; (iii) the person's ascertained merit, determined in 14 accordance with Section 45; and (iv) the person's score on 15 the subjective evaluation, determined in accordance with 16 Section 50. Candidates shall be ranked on the list in rank 17 order based on the highest to the lowest total points scored 18 on all of the components of the test. Promotional components, 19 as defined herein, shall be determined and administered in 20 accordance with the referenced Section, unless otherwise 21 modified or agreed to as provided by paragraph (1) or (2) of 22 subsection (e) of Section 10. The use of physical criteria, 23 including but not limited to fitness testing, agility 24 testing, and medical evaluations, is specifically barred from 25 the promotion process. 26 (c) A person on the preliminary promotion list who is 27 eligible for a veteran's preference under the laws and 28 agreements applicable to the department may file a written 29 application for that preference within 10 days after the 30 initial posting of the preliminary promotion list. The 31 preference shall be calculated as provided under Section 55 32 and added to the total score achieved by the candidate on the 33 test. The appointing authority shall then make adjustments 34 to the rank order of the preliminary promotion list based on HB0988 Enrolled -7- LRB093 05742 RCE 05835 b 1 any veteran's preferences awarded. The final adjusted 2 promotion list shall then be distributed, posted, or 3 otherwise made conveniently available by the appointing 4 authority to all members of the department. 5 (d) Whenever a promotional rank is created or becomes 6 vacant due to resignation, discharge, promotion, death, or 7 the granting of a disability or retirement pension, or any 8 other cause, the appointing authority shall appoint to that 9 position the person with the highest ranking on the final 10 promotion list for that rank, except that the appointing 11 authority shall have the right to pass over that person and 12 appoint the next highest ranked person on the list if the 13 appointing authority has reason to conclude that the highest 14 ranking person has demonstrated substantial shortcomings in 15 work performance or has engaged in misconduct affecting the 16 person's ability to perform the duties of the promoted rank 17 since the posting of the promotion list. If the highest 18 ranking person is passed over, the appointing authority shall 19 document its reasons for its decision to select the next 20 highest ranking person on the list. Unless the reasons for 21 passing over the highest ranking person are not remedial, no 22 person who is the highest ranking person on the list at the 23 time of the vacancy shall be passed over more than once. Any 24 dispute as to the selection of the first or second 25 highest-ranking person shall be subject to resolution in 26 accordance with any grievance procedure in effect covering 27 the employee. 28 A vacancy shall be deemed to occur in a position on the 29 date upon which the position is vacated, and on that same 30 date, a vacancy shall occur in all ranks inferior to that 31 rank, provided that the position or positions continue to be 32 funded and authorized by the corporate authorities. If a 33 vacated position is not filled due to a lack of funding or 34 authorization and is subsequently reinstated, the final HB0988 Enrolled -8- LRB093 05742 RCE 05835 b 1 promotion list shall be continued in effect until all 2 positions vacated have been filled or for a period up to 5 3 years beginning from the date on which the position was 4 vacated. In such event, the candidate or candidates who 5 would have otherwise been promoted when the vacancy 6 originally occurred shall be promoted. 7 Any candidate may refuse a promotion once without losing 8 his or her position on the final adjusted promotion list. 9 Any candidate who refuses promotion a second time shall be 10 removed from the final adjusted promotion list, provided that 11 such action shall not prejudice a person's opportunities to 12 participate in future promotion examinations. 13 (e) A final adjusted promotion list shall remain valid 14 and unaltered for a period of not less than 2 nor more than 3 15 years after the date of the initial posting. Integrated 16 lists are prohibited and when a list expires it shall be 17 void, except as provided in subsection (d) of this Section. 18 If a promotion list is not in effect, a successor list shall 19 be prepared and distributed within 180 days after a vacancy, 20 as defined in subsection (d) of this Section. 21 (f) This Section 20 does not apply to the initial hiring 22 list. 23 Section 25. Monitoring. 24 (a) All aspects of the promotion process, including 25 without limitation the administration, scoring, and posting 26 of scores for the written examination and subjective 27 evaluation and the determination and posting of seniority and 28 ascertained merit scores, shall be subject to monitoring and 29 review in accordance with this Section and Sections 30 and 30 50. 31 (b) Two impartial persons who are not members of the 32 affected department shall be selected to act as observers by 33 the exclusive bargaining agent. The appointing authorities HB0988 Enrolled -9- LRB093 05742 RCE 05835 b 1 may also select 2 additional impartial observers. 2 (c) The observers monitoring the promotion process are 3 authorized to be present and observe when any component of 4 the test is administered or scored. Except as otherwise 5 agreed to in a collective bargaining agreement, observers may 6 not interfere with the promotion process, but shall promptly 7 report any observed or suspected violation of the 8 requirements of this Act or an applicable collective 9 bargaining agreement to the appointing authority and all 10 other affected parties. 11 (d) The provisions of this Section do not apply to the 12 extent that they are inconsistent with provisions otherwise 13 agreed to in a collective bargaining agreement. 14 Section 30. Promotion examination components. Promotion 15 examinations that include components consisting of written 16 examinations, seniority points, ascertained merit, or 17 subjective evaluations shall be administered as provided in 18 Sections 35, 40, 45 and 50. The weight, if any, that is 19 given to any component included in a test may be set at the 20 discretion of the appointing authority provided that such 21 weight shall be subject to modification by the terms of any 22 collective bargaining agreement in effect on the effective 23 date of this Act or thereafter by negotiations between the 24 employer and an exclusive bargaining representative. If the 25 appointing authority establishes a minimum passing score, 26 such score shall be announced prior to the date of the 27 promotion process and it must be an aggregate of all 28 components of the testing process. All candidates shall be 29 allowed to participate in all components of the testing 30 process irrespective of their score on any one component. 31 The provisions of this Section do not apply to the extent 32 that they are inconsistent with provisions otherwise agreed 33 to in a collective bargaining agreement. HB0988 Enrolled -10- LRB093 05742 RCE 05835 b 1 Section 35. Written examinations. 2 (a) The appointing authority may not condition 3 eligibility to take the written examination on the 4 candidate's score on any of the previous components of the 5 examination. The written examination for a particular rank 6 shall consist of matters relating to the duties regularly 7 performed by persons holding that rank within the department. 8 The examination shall be based only on the contents of 9 written materials that the appointing authority has 10 identified and made readily available to potential examinees 11 at least 90 days before the examination is administered. The 12 test questions and material must be pertinent to the 13 particular rank for which the examination is being given. The 14 written examination shall be administered after the 15 determination and posting of the seniority list, ascertained 16 merit points, and subjective evaluation scores. The written 17 examination shall be administered, the test materials opened, 18 and the results scored and tabulated. 19 (b) Written examinations shall be graded at the 20 examination site on the day of the examination immediately 21 upon completion of the test in front of the observers if such 22 observers are appointed under Section 25, or if the tests 23 are graded offsite by a bona fide testing agency, the 24 observers shall witness the sealing and the shipping of the 25 tests for grading and the subsequent opening of the scores 26 upon the return from the testing agency. Every examinee shall 27 have the right (i) to obtain his or her score on the 28 examination on the day of the examination or upon the day of 29 its return from the testing agency (or the appointing 30 authority shall require the testing agency to mail the 31 individual scores to any address submitted by the candidates 32 on the day of the examination); and (ii) to review the 33 answers to the examination that the examiners consider 34 correct. The appointing authority may hold a review session HB0988 Enrolled -11- LRB093 05742 RCE 05835 b 1 after the examination for the purpose of gathering feedback 2 on the examination from the candidates. 3 (c) Sample written examinations may be examined by the 4 appointing authority and members of the department, but no 5 person in the department or the appointing authority 6 (including the Chief, Civil Service Commissioners, Board of 7 Fire and Police Commissioners, Board of Fire Commissioners, 8 or Fire Protection District Board of Trustees and other 9 appointed or elected officials) may see or examine the 10 specific questions on the actual written examination before 11 the examination is administered. If a sample examination is 12 used, actual test questions shall not be included. It is a 13 violation of this Act for any member of the department or the 14 appointing authority to obtain or divulge foreknowledge of 15 the contents of the written examination before it is 16 administered. 17 (d) Each department shall maintain reading and study 18 materials for its current written examination and the reading 19 list for the last 2 written examinations or for a period of 5 20 years, whichever is less, for each rank and shall make these 21 materials available and accessible at each duty station. 22 (e) The provisions of this Section do not apply to the 23 extent that they are in conflict with provisions otherwise 24 agreed to in a collective bargaining agreement. 25 Section 40. Seniority points. 26 (a) Seniority points shall be based only upon service 27 with the affected department and shall be calculated as of 28 the date of the written examination. The weight of this 29 component and its computation shall be determined by the 30 appointing authority or through a collective bargaining 31 agreement. 32 (b) A seniority list shall be posted before the written 33 examination is given and before the preliminary promotion HB0988 Enrolled -12- LRB093 05742 RCE 05835 b 1 list is compiled. The seniority list shall include the 2 seniority date, any breaks in service, the total number of 3 eligible years, and the number of seniority points. 4 Section 45. Ascertained merit. 5 (a) The promotion test may include points for 6 ascertained merit. Ascertained merit points may be awarded 7 for education, training, and certification in subjects and 8 skills related to the fire service. The basis for granting 9 ascertained merit points, after the effective date of this 10 Act, shall be published at least one year prior to the date 11 ascertained merit points are awarded and all persons eligible 12 to compete for promotion shall be given an equal opportunity 13 to obtain ascertained merit points unless otherwise agreed to 14 in a collective bargaining agreement. 15 (b) Total points awarded for ascertained merit shall be 16 posted before the written examination is administered and 17 before the promotion list is compiled. 18 Section 50. Subjective evaluation. 19 (a) A promotion test may include subjective evaluation 20 components. Subjective evaluations may include an oral 21 interview, tactical evaluation, performance evaluation, or 22 other component based on subjective evaluation of the 23 examinee. The methods used for subjective evaluations may 24 include using any employee assessment centers, evaluation 25 systems, chief's points, or other methods. 26 (b) Any subjective component shall be identified to all 27 candidates prior to its application, be job-related, and be 28 applied uniformly to all candidates. Every examinee shall 29 have the right to documentation of his or her score on the 30 subjective component upon the completion of the subjective 31 examination component or its application. 32 (c) Where chief's points or other subjective methods are HB0988 Enrolled -13- LRB093 05742 RCE 05835 b 1 employed that are not amenable to monitoring, monitors shall 2 not be required, but any disputes as to the results of such 3 methods shall be subject to resolution in accordance with any 4 collectively bargained grievance procedure in effect at the 5 time of the test. 6 (d) Where performance evaluations are used as a basis 7 for promotions, they shall be given annually and made readily 8 available to each candidate for review and they shall include 9 any disagreement or documentation the employee provides to 10 refute or contest the evaluation. These annual evaluations 11 are not subject to grievance procedures, unless used for 12 points in the promotion process. 13 (e) Total points awarded for subjective components shall 14 be posted before the written examination is administered and 15 before the promotion list is compiled. 16 Section 55. Veterans' preference. A person on a 17 preliminary promotion list who is eligible for veteran's 18 preference under any law or agreement applicable to an 19 affected department may file a written application for that 20 preference within 10 days after the initial posting of the 21 preliminary promotion list. The veteran's preference shall 22 be calculated as provided in the applicable law and added to 23 the applicant's total score on the preliminary promotion 24 list. Any person who has received a promotion from a 25 promotion list on which his or her position was adjusted for 26 veteran's preference, under this Act or any other law, shall 27 not be eligible for any subsequent veteran's preference under 28 this Act. 29 Section 60. Right to review. Any affected person or party 30 who believes that an error has been made with respect to 31 eligibility to take an examination, examination result, 32 placement or position on a promotion list, or veteran's HB0988 Enrolled -14- LRB093 05742 RCE 05835 b 1 preference shall be entitled to a review of the matter by the 2 appointing authority or as otherwise provided by law. 3 Section 65. Violations. 4 (a) A person who knowingly divulges or receives test 5 questions or answers before a written examination, or 6 otherwise knowingly violates or subverts any requirement of 7 this Act commits a violation of this Act and may be subject 8 to charges for official misconduct. 9 (b) A person who is the knowing recipient of test 10 information in advance of the examination shall be 11 disqualified from the promotion examination or demoted from 12 the rank to which he was promoted, as applicable and 13 otherwise subjected to disciplinary actions. 14 Section 900. The State Mandates Act is amended by adding 15 Section 8.27 as follows: 16 (30 ILCS 805/8.27 new) 17 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6 18 and 8 of this Act, no reimbursement by the State is required 19 for the implementation of any mandate created by this 20 amendatory Act of the 93rd General Assembly. 21 Section 999. Effective date. This Act takes effect upon 22 becoming law.