093_HB1195sam003
LRB093 03926 LRD 15742 a
1 AMENDMENT TO HOUSE BILL 1195
2 AMENDMENT NO. . Amend House Bill 1195, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
5 "Section 1. Short title. This Act may be cited as the
6 Fire Department Promotion Act.
7 Section 5. Definitions. In this Act:
8 "Affected department" or "department" means a full-time
9 municipal fire department that is subject to a collective
10 bargaining agreement or the fire department operated by a
11 full-time fire protection district. The terms do not include
12 fire departments operated by the State, a university, or a
13 municipality with a population over 1,000,000 or any unit of
14 local government other than a municipality or fire protection
15 district. The terms also do not include a combined department
16 that was providing both police and firefighting services on
17 January 1, 2002.
18 "Appointing authority" means the Board of Fire and Police
19 Commissioners, Board of Fire Commissioners, Civil Service
20 Commissioners, Superintendent or Department Head, Fire
21 Protection District Board of Trustees, or other entity having
22 the authority to administer and grant promotions in an
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1 affected department.
2 "Promotion" means any appointment or advancement to a
3 rank within the affected department (1) for which an
4 examination was required before January 1, 2002; (2) that is
5 included within a bargaining unit; or (3) that is the next
6 rank immediately above the highest rank included within a
7 bargaining unit, provided such rank is not the only rank
8 between the Fire Chief and the highest rank included within
9 the bargaining unit, or is a rank otherwise excepted under
10 item (i), (ii), (iii), (iv), or (v) of this definition.
11 "Promotion" does not include appointments (i) that are for
12 fewer than 180 days; (ii) to the positions of Superintendent,
13 Chief, or other chief executive officer; (iii) to an
14 exclusively administrative or executive rank for which an
15 examination is not required; (iv) to a rank that was exempted
16 by a home rule municipality prior to January 1, 2002,
17 provided that after the effective date of this Act no home
18 rule municipality may exempt any future or existing ranks
19 from the provisions of this Act; or (v) to an administrative
20 rank immediately below the Superintendent, Chief, or other
21 chief executive officer of an affected department, provided
22 such rank shall not be held by more than 2 persons and there
23 is a promoted rank immediately below it. Notwithstanding the
24 exceptions to the definition of "promotion" set forth in
25 items (i), (ii), (iii), (iv), and (v) of this definition,
26 promotions shall include any appointments to ranks covered by
27 the terms of a collective bargaining agreement in effect on
28 the effective date of this Act.
29 "Preliminary promotion list" means the rank order of
30 eligible candidates established in accordance with subsection
31 (b) of Section 20 prior to applicable veteran's preference
32 points. A person on the preliminary promotion list who is
33 eligible for veteran's preference under the laws and
34 agreements applicable to the appointing authority may file a
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1 written application for that preference within 10 days after
2 the initial posting of the preliminary promotion list. The
3 preference shall be calculated in accordance with Section 55
4 and applied as an addition to the person's total point score
5 on the examination. The appointing authority shall make
6 adjustments to the preliminary promotion list based on any
7 veteran's preference claimed and the final adjusted promotion
8 list shall then be posted by the appointing authority.
9 "Rank" means any position within the chain of command of
10 a fire department to which employees are regularly assigned
11 to perform duties related to providing fire suppression, fire
12 prevention, or emergency services.
13 "Final adjusted promotion list" means the promotion list
14 for the position that is in effect on the date the position
15 is created or the vacancy occurs. If there is no final
16 adjusted promotion list in effect for that position on that
17 date, or if all persons on the current final adjusted
18 promotion list for that position refuse the promotion, the
19 affected department shall not make a permanent promotion
20 until a new final adjusted promotion list has been prepared
21 in accordance with this Act, but may make a temporary
22 appointment to fill the vacancy. Temporary appointments shall
23 not exceed 180 days.
24 Each component of the promotional test shall be scored on
25 a scale of 100 points. The component scores shall then be
26 reduced by the weighting factor assigned to the component on
27 the test and the scores of all components shall be added to
28 produce a total score based on a scale of 100 points.
29 Section 10. Applicability.
30 (a) This Act shall apply to all positions in an affected
31 department, except those specifically excluded in items (i),
32 (ii), (iii), (iv), and (v) of the definition of "promotion"
33 in Section 5 unless such positions are covered by a
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1 collective bargaining agreement in force on the effective
2 date of this Act. Existing promotion lists shall continue to
3 be valid until their expiration dates, or up to a maximum of
4 3 years after the effective date of this Act.
5 (b) Notwithstanding any statute, ordinance, rule, or
6 other laws to the contrary, all promotions in an affected
7 department to which this Act applies shall be administered in
8 the manner provided for in this Act. Provisions of the
9 Illinois Municipal Code, the Fire Protection District Act,
10 municipal ordinances, or rules adopted pursuant to such
11 authority and other laws relating to promotions in affected
12 departments shall continue to apply to the extent they are
13 compatible with this Act, but in the event of conflict
14 between this Act and any other law, this Act shall control.
15 (c) A home rule or non-home rule municipality may not
16 administer its fire department promotion process in a manner
17 that is inconsistent with this Act. This Section is a
18 limitation under subsection (i) of Section 6 of Article VII
19 of the Illinois Constitution on the concurrent exercise by
20 home rule units of the powers and functions exercised by the
21 State.
22 (d) This Act is intended to serve as a minimum standard
23 and shall be construed to authorize and not to limit:
24 (1) An appointing authority from establishing
25 different or supplemental promotional criteria or
26 components, provided that the criteria are job-related
27 and applied uniformly.
28 (2) The negotiation by an employer and an exclusive
29 bargaining representative of clauses within a collective
30 bargaining agreement relating to conditions, criteria, or
31 procedures for the promotion of employees who are members
32 of bargaining units.
33 (3) The negotiation by an employer and an exclusive
34 bargaining representative of provisions within a
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1 collective bargaining agreement to achieve affirmative
2 action objectives, provided that such clauses are
3 consistent with applicable law.
4 (e) Local authorities and exclusive bargaining agents
5 affected by this Act may agree to waive one or more of its
6 provisions and bargain on the contents of those provisions,
7 provided that any such waivers shall be considered permissive
8 subjects of bargaining.
9 Section 15. Promotion process.
10 (a) For the purpose of granting promotion to any rank to
11 which this Act applies, the appointing authority shall from
12 time to time, as necessary, administer a promotion process in
13 accordance with this Act.
14 (b) Eligibility requirements to participate in the
15 promotional process may include a minimum requirement as to
16 the length of employment, education, training, and
17 certification in subjects and skills related to fire
18 fighting. After the effective date of this Act, any such
19 eligibility requirements shall be published at least one year
20 prior to the date of the beginning of the promotional process
21 and all members of the affected department shall be given an
22 equal opportunity to meet those eligibility requirements.
23 (c) All aspects of the promotion process shall be
24 equally accessible to all eligible employees of the
25 department. Every component of the testing and evaluation
26 procedures shall be published to all eligible candidates when
27 the announcement of promotional testing is made. The scores
28 for each component of the testing and evaluation procedures
29 shall be disclosed to each candidate as soon as practicable
30 after the component is completed.
31 (d) The appointing authority shall provide a separate
32 promotional examination for each rank that is filled by
33 promotion. All examinations for promotion shall be
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1 competitive among the members of the next lower rank who meet
2 the established eligibility requirements and desire to submit
3 themselves to examination. The appointing authority may
4 employ consultants to design and administer promotion
5 examinations or may adopt any job-related examinations or
6 study materials that may become available, so long as they
7 comply with the requirements of this Act.
8 Section 20. Promotion lists.
9 (a) For the purpose of granting a promotion to any rank
10 to which this Act applies, the appointing authority shall
11 from time to time, as necessary, prepare a preliminary
12 promotion list in accordance with this Act. The preliminary
13 promotion list shall be distributed, posted, or otherwise
14 made conveniently available by the appointing authority to
15 all members of the department.
16 (b) A person's position on the preliminary promotion
17 list shall be determined by a combination of factors which
18 may include any of the following: (i) the person's score on
19 the written examination for that rank, determined in
20 accordance with Section 35; (ii) the person's seniority
21 within the department, determined in accordance with Section
22 40; (iii) the person's ascertained merit, determined in
23 accordance with Section 45; and (iv) the person's score on
24 the subjective evaluation, determined in accordance with
25 Section 50. Candidates shall be ranked on the list in rank
26 order based on the highest to the lowest total points scored
27 on all of the components of the test. Promotional components,
28 as defined herein, shall be determined and administered in
29 accordance with the referenced Section, unless otherwise
30 modified or agreed to as provided by paragraph (1) or (2) of
31 subsection (e) of Section 10. The use of physical criteria,
32 including but not limited to fitness testing, agility
33 testing, and medical evaluations, is specifically barred from
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1 the promotion process.
2 (c) A person on the preliminary promotion list who is
3 eligible for a veteran's preference under the laws and
4 agreements applicable to the department may file a written
5 application for that preference within 10 days after the
6 initial posting of the preliminary promotion list. The
7 preference shall be calculated as provided under Section 55
8 and added to the total score achieved by the candidate on the
9 test. The appointing authority shall then make adjustments
10 to the rank order of the preliminary promotion list based on
11 any veteran's preferences awarded. The final adjusted
12 promotion list shall then be distributed, posted, or
13 otherwise made conveniently available by the appointing
14 authority to all members of the department.
15 (d) Whenever a promotional rank is created or becomes
16 vacant due to resignation, discharge, promotion, death, or
17 the granting of a disability or retirement pension, or any
18 other cause, the appointing authority shall appoint to that
19 position the person with the highest ranking on the final
20 promotion list for that rank, except that the appointing
21 authority shall have the right to pass over that person and
22 appoint the next highest ranked person on the list if the
23 appointing authority has reason to conclude that the highest
24 ranking person has demonstrated substantial shortcomings in
25 work performance or has engaged in misconduct affecting the
26 person's ability to perform the duties of the promoted rank
27 since the posting of the promotion list. If the highest
28 ranking person is passed over, the appointing authority shall
29 document its reasons for its decision to select the next
30 highest ranking person on the list. Unless the reasons for
31 passing over the highest ranking person are not remedial, no
32 person who is the highest ranking person on the list at the
33 time of the vacancy shall be passed over more than once. Any
34 dispute as to the selection of the first or second
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1 highest-ranking person shall be subject to resolution in
2 accordance with any grievance procedure in effect covering
3 the employee.
4 A vacancy shall be deemed to occur in a position on the
5 date upon which the position is vacated, and on that same
6 date, a vacancy shall occur in all ranks inferior to that
7 rank, provided that the position or positions continue to be
8 funded and authorized by the corporate authorities. If a
9 vacated position is not filled due to a lack of funding or
10 authorization and is subsequently reinstated, the final
11 promotion list shall be continued in effect until all
12 positions vacated have been filled or for a period up to 5
13 years beginning from the date on which the position was
14 vacated. In such event, the candidate or candidates who
15 would have otherwise been promoted when the vacancy
16 originally occurred shall be promoted.
17 Any candidate may refuse a promotion once without losing
18 his or her position on the final adjusted promotion list.
19 Any candidate who refuses promotion a second time shall be
20 removed from the final adjusted promotion list, provided that
21 such action shall not prejudice a person's opportunities to
22 participate in future promotion examinations.
23 (e) A final adjusted promotion list shall remain valid
24 and unaltered for a period of not less than 2 nor more than 3
25 years after the date of the initial posting. Integrated
26 lists are prohibited and when a list expires it shall be
27 void, except as provided in subsection (d) of this Section.
28 If a promotion list is not in effect, a successor list shall
29 be prepared and distributed within 180 days after a vacancy,
30 as defined in subsection (d) of this Section.
31 (f) This Section 20 does not apply to the initial hiring
32 list.
33 Section 25. Monitoring.
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1 (a) All aspects of the promotion process, including
2 without limitation the administration, scoring, and posting
3 of scores for the written examination and subjective
4 evaluation and the determination and posting of seniority and
5 ascertained merit scores, shall be subject to monitoring and
6 review in accordance with this Section and Sections 30 and
7 50.
8 (b) Two impartial persons who are not members of the
9 affected department shall be selected to act as observers by
10 the exclusive bargaining agent. The appointing authorities
11 may also select 2 additional impartial observers.
12 (c) The observers monitoring the promotion process are
13 authorized to be present and observe when any component of
14 the test is administered or scored. Except as otherwise
15 agreed to in a collective bargaining agreement, observers may
16 not interfere with the promotion process, but shall promptly
17 report any observed or suspected violation of the
18 requirements of this Act or an applicable collective
19 bargaining agreement to the appointing authority and all
20 other affected parties.
21 Section 30. Promotion examination components. Promotion
22 examinations that include components consisting of written
23 examinations, seniority points, ascertained merit, or
24 subjective evaluations shall be administered as provided in
25 Sections 35, 40, 45 and 50. The weight, if any, that is
26 given to any component included in a test may be set at the
27 discretion of the appointing authority provided that such
28 weight shall be subject to modification by the terms of any
29 collective bargaining agreement in effect on the effective
30 date of this Act or thereafter by negotiations between the
31 employer and an exclusive bargaining representative. If the
32 appointing authority establishes a minimum passing score,
33 such score shall be announced prior to the date of the
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1 promotion process and it must be an aggregate of all
2 components of the testing process. All candidates shall be
3 allowed to participate in all components of the testing
4 process irrespective of their score on any one component.
5 Section 35. Written examinations.
6 (a) The appointing authority may not condition
7 eligibility to take the written examination on the
8 candidate's score on any of the previous components of the
9 examination. The written examination for a particular rank
10 shall consist of matters relating to the duties regularly
11 performed by persons holding that rank within the department.
12 The examination shall be based only on the contents of
13 written materials that the appointing authority has
14 identified and made readily available to potential examinees
15 at least 90 days before the examination is administered. The
16 test questions and material must be pertinent to the
17 particular rank for which the examination is being given. The
18 written examination shall be administered after the
19 determination and posting of the seniority list, ascertained
20 merit points, and subjective evaluation scores. The written
21 examination shall be administered, the test materials opened,
22 and the results scored and tabulated.
23 (b) Written examinations shall be graded at the
24 examination site on the day of the examination immediately
25 upon completion of the test in front of the observers if such
26 observers are appointed under Section 25, or if the tests
27 are graded offsite by a bona fide testing agency, the
28 observers shall witness the sealing and the shipping of the
29 tests for grading and the subsequent opening of the scores
30 upon the return from the testing agency. Every examinee shall
31 have the right (i) to obtain his or her score on the
32 examination on the day of the examination or upon the day of
33 its return from the testing agency (or the appointing
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1 authority shall require the testing agency to mail the
2 individual scores to any address submitted by the candidates
3 on the day of the examination); and (ii) to review the
4 answers to the examination that the examiners consider
5 correct. The appointing authority may hold a review session
6 after the examination for the purpose of gathering feedback
7 on the examination from the candidates.
8 (c) Sample written examinations may be examined by the
9 appointing authority and members of the department, but no
10 person in the department or the appointing authority
11 (including the Chief, Civil Service Commissioners, Board of
12 Fire and Police Commissioners, Board of Fire Commissioners,
13 or Fire Protection District Board of Trustees and other
14 appointed or elected officials) may see or examine the
15 specific questions on the actual written examination before
16 the examination is administered. If a sample examination is
17 used, actual test questions shall not be included. It is a
18 violation of this Act for any member of the department or the
19 appointing authority to obtain or divulge foreknowledge of
20 the contents of the written examination before it is
21 administered.
22 (d) Each department shall maintain reading and study
23 materials for its current written examination and the reading
24 list for the last 2 written examinations or for a period of 5
25 years, whichever is less, for each rank and shall make these
26 materials available and accessible at each duty station.
27 Section 40. Seniority points.
28 (a) Seniority points shall be based only upon service
29 with the affected department and shall be calculated as of
30 the date of the written examination. The weight of this
31 component and its computation shall be determined by the
32 appointing authority or through a collective bargaining
33 agreement.
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1 (b) A seniority list shall be posted before the written
2 examination is given and before the preliminary promotion
3 list is compiled. The seniority list shall include the
4 seniority date, any breaks in service, the total number of
5 eligible years, and the number of seniority points.
6 Section 45. Ascertained merit.
7 (a) The promotion test may include points for
8 ascertained merit. Ascertained merit points may be awarded
9 for education, training, and certification in subjects and
10 skills related to the fire service. The basis for granting
11 ascertained merit points, after the effective date of this
12 Act, shall be published at least one year prior to the date
13 ascertained merit points are awarded and all persons eligible
14 to compete for promotion shall be given an equal opportunity
15 to obtain ascertained merit points unless otherwise agreed to
16 in a collective bargaining agreement.
17 (b) Total points awarded for ascertained merit shall be
18 posted before the written examination is administered and
19 before the promotion list is compiled.
20 Section 50. Subjective evaluation.
21 (a) A promotion test may include subjective evaluation
22 components. Subjective evaluations may include an oral
23 interview, tactical evaluation, performance evaluation, or
24 other component based on subjective evaluation of the
25 examinee. The methods used for subjective evaluations may
26 include using any employee assessment centers, evaluation
27 systems, chief's points, or other methods.
28 (b) Any subjective component shall be identified to all
29 candidates prior to its application, be job-related, and be
30 applied uniformly to all candidates. Every examinee shall
31 have the right to documentation of his or her score on the
32 subjective component upon the completion of the subjective
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1 examination component or its application.
2 (c) Where chief's points or other subjective methods are
3 employed that are not amenable to monitoring, monitors shall
4 not be required, but any disputes as to the results of such
5 methods shall be subject to resolution in accordance with any
6 collectively bargained grievance procedure in effect at the
7 time of the test.
8 (d) Where performance evaluations are used as a basis
9 for promotions, they shall be given annually and made readily
10 available to each candidate for review and they shall include
11 any disagreement or documentation the employee provides to
12 refute or contest the evaluation. These annual evaluations
13 are not subject to grievance procedures, unless used for
14 points in the promotion process.
15 (e) Total points awarded for subjective components shall
16 be posted before the written examination is administered and
17 before the promotion list is compiled.
18 Section 55. Veterans' preference. A person on a
19 preliminary promotion list who is eligible for veteran's
20 preference under any law or agreement applicable to an
21 affected department may file a written application for that
22 preference within 10 days after the initial posting of the
23 preliminary promotion list. The veteran's preference shall
24 be calculated as provided in the applicable law and added to
25 the applicant's total score on the preliminary promotion
26 list. Any person who has received a promotion from a
27 promotion list on which his or her position was adjusted for
28 veteran's preference, under this Act or any other law, shall
29 not be eligible for any subsequent veteran's preference under
30 this Act.
31 Section 60. Right to review. Any affected person or party
32 who believes that an error has been made with respect to
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1 eligibility to take an examination, examination result,
2 placement or position on a promotion list, or veteran's
3 preference shall be entitled to a review of the matter by the
4 appointing authority or as otherwise provided by law.
5 Section 65. Violations.
6 (a) A person who knowingly divulges or receives test
7 questions or answers before a written examination, or
8 otherwise knowingly violates or subverts any requirement of
9 this Act commits a violation of this Act and may be subject
10 to charges for official misconduct.
11 (b) A person who is the knowing recipient of test
12 information in advance of the examination shall be
13 disqualified from the promotion examination or demoted from
14 the rank to which he was promoted, as applicable and
15 otherwise subjected to disciplinary actions.
16 Section 900. The State Mandates Act is amended by adding
17 Section 8.27 as follows:
18 (30 ILCS 805/8.27 new)
19 Sec. 8.27. Exempt mandate. Notwithstanding Sections 6
20 and 8 of this Act, no reimbursement by the State is required
21 for the implementation of any mandate created by this
22 amendatory Act of the 93rd General Assembly.
23 Section 999. Effective date. This Act takes effect upon
24 becoming law.".